International Arbitration

  • May 2, 2018

    ICSID Won't Revive Aluminum Plant Claim Against Montenegro

    An International Centre for Settlement of Investment Disputes committee on Tuesday refused to revive a Cypriot company's claim accusing Montenegro of impeding efforts to restructure and modernize a bankrupt aluminum plant.

  • May 2, 2018

    Enforcement Bid Of $112M Award Against Ukraine Paused

    A D.C. federal judge ruled Wednesday that a Russian energy company's bid to enforce a $112 million award against Ukraine should be paused pending the outcome of the Eastern European country’s appeal of the court’s March decision not to dismiss the suit.

  • May 2, 2018

    Dominican Gov't Can Visit Contested Park Site, Tribunal Says

    A Permanent Court of Arbitration tribunal has refused to walk back a decision to let the Dominican Republic visit property owned by a U.S. couple who say the country improperly claimed the land for a national park, but said the couple’s experts must be allowed to visit other properties being developed for ecotourism.

  • May 2, 2018

    Ghana Asks DC Circ. To Undo $13.7M Award To Energy Co.

    The Republic of Ghana has appealed a federal judge's confirmation of a nearly $13.7 million arbitral award against the African nation to the D.C. Circuit, in a dispute stemming from a contested power purchase agreement with a British energy firm and its Ghanaian subsidiary.

  • May 2, 2018

    Canada's Challenge To Nova Scotia Quarry Award Rejected

    A Canadian judge refused Wednesday to nix an arbitral award finding Canada liable for rejecting a Delaware mining company’s Nova Scotia quarry and marine terminal project on environmental grounds, concluding she had no reason to do so despite the "significant policy concerns" the award raises.

  • May 1, 2018

    Netherlands Will Look To Terminate Its EU Investment Pacts

    The Netherlands intends to terminate its bilateral investment treaty with Slovakia following a groundbreaking decision issued earlier this year by Europe's top court, and the country says that a multilateral treaty should be used to terminate other member states' investment treaties within the bloc as well.

  • May 1, 2018

    Investor Targets S. Korea Over $8B Samsung Affiliate Tie-Up

    A U.S.-based activist investor said Tuesday that it is bringing South Korea to arbitration over that country's decision to back the $8 billion merger of two Samsung affiliates in 2015, claiming the move cost it unsaid financial damages. 

  • May 1, 2018

    Carlyle Eyes $400M Arbitration Over 'Stolen' Moroccan Oil

    Private equity firm The Carlyle Group LP has initiated investor-state arbitration proceedings against Morocco in a $400 million dispute over the profits it lost when the country’s only refinery went belly-up, local media reported.

  • May 1, 2018

    Morocco Hotel Owner Looks To Enforce $60M Award

    The owner of a luxury hotel in Morocco urged a Delaware federal court on Monday to order Connecticut investment firm Starwood Capital Group and an affiliate to pay a nearly $60 million arbitral award issued following a dispute over a botched hotel management deal.

  • May 1, 2018

    Investor Can't Crack Bank Boxes For $93M Arbitral Award

    A real estate investor lost his bid to access two safety deposit boxes he said could help pay a more than $93 million international arbitration award he is owed by a former Russian lawmaker with whom he owned a mall, with a California federal judge holding that he didn't show good cause.

  • April 30, 2018

    Appleby Snags Norton Rose Partner In Cayman Islands

    Offshore firm Appleby Global has added a former Norton Rose Fulbright partner who brings experience working on disputes involving financial institutions and funds in Hong Kong and the U.K.

  • April 30, 2018

    Chemical Plant Seeks OK Of Award Over Soured Pipe Deal

    A state-owned Ukrainian chemical plant asked a New York federal court to enforce a more than $900,000 arbitral award against a Long Island steel pipe manufacturer following a botched sales deal.

  • April 30, 2018

    Arbitrators Nix Parts Of Ukrainian Oil Co.'s Shareholders Deal

    Arbitrators in London have annulled portions of PJSC Ukrnafta’s shareholders agreement as violating Ukrainian law in a row over the minority ownership rights in the oil and gas giant, according to its majority shareholder, NJSC Naftogaz Ukrainy. 

  • April 30, 2018

    Canadian Mining Co.'s Counterclaims Wrongly Nixed: Judges

    A Canadian judge acted unjustly when he effectively nixed counterclaims filed by a Canadian mining company in litigation over a Colombian gold mining project after related arbitration proceedings were terminated for nonpayment, an appeals court concluded on Friday.

  • April 30, 2018

    Chinese Solar Co. Slapped With $897.5M Arbitration Claim

    China-based solar panel maker Yingli Green Energy Holding Co. Ltd. told investors it has been hit with an $897.5 million arbitration claim in a payment dispute with a supplier.

  • April 27, 2018

    Justices Seem Wary Of Strict Int’l Deference Standard

    The U.S. Supreme Court heard oral arguments on Tuesday in a price-fixing case involving the degree of deference statements from foreign sovereigns should be given, and while the sides seemed to push for a strict standard, the justices appeared wary of applying too heavy a hand to an issue that could have far-reaching repercussions.

  • April 27, 2018

    Otto Warmbier's Parents Sue North Korea Over His Death

    The parents of Otto Warmbier, who died after being imprisoned for nearly 18 months by North Korea for alleged state subversion, sued the country in D.C. federal court on Thursday, saying it must either arbitrate or litigate claims relating to their son's wrongful death.

  • April 27, 2018

    WTO Dispute Roundup: China Seeks Allies In IP Tussle

    In Law360’s latest look at the World Trade Organization’s Dispute Settlement Body, China attempts to rally other nations in its ongoing feud with the U.S. over intellectual property policy while other members advance cases centering on paper and steel products.

  • April 27, 2018

    ConocoPhillips Bids To Enforce $2B Venezuela Oil Co. Award

    ConocoPhillips enlisted the help of a New York federal court Thursday to enforce a $2.04 billion arbitral award against Venezuela's state-owned oil company, which was issued as compensation after the South American country nationalized two of ConocoPhillips' onshore extra-heavy oil projects in 2007.

  • April 27, 2018

    Nostra Terra’s Egypt Oil Dispute Referred To Arbitration

    Oil exploration company Nostra Terra said Thursday that its ultimate subsidiary had its dispute with the operator of an oil and gas producing field in Egypt referred to arbitration, remarking that it hopes a settlement could improve production of the asset in which it has a partial interest.

Expert Analysis

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.

  • What Is A 'Reasoned Award' In International Arbitration?

    Odean Volker

    The term “reasoned award” is not defined in the Federal Arbitration Act, and articulating a satisfactory description of the required elements has been an elusive task, says Odean Volker of Haynes and Boone LLP.

  • Make An Informed Choice About Arbitration

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    In an age of data-driven decision-making, too many companies are making important choices about dispute resolution based on anecdotes and isolated experiences. I’d like to explain why a number of objections to arbitration are ill-founded, says Foley Hoag LLP partner John Shope.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Meditate On The Clause

    Ambassador David Huebner

    I have often suggested at arbitration conferences that the writing of any more articles on how to draft an arbitration clause should be outlawed. Yet, as an arbitrator, I continue to encounter cases in which inartfully drafted dispute resolution clauses cause confusion. At the risk of contributing to the scourge of online clutter, I will share a few brief thoughts on clause misfires, says David Huebner, a JAMS panelist and former U.S. ambassador to New Zealand and Samoa.