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International Arbitration

  • December 4, 2018

    Investor Can't Avoid Suit Over BNY's Kazakh Assets Freeze

    A judge at a London court rejected on Tuesday an attempt by a Moldovan businessman to avoid a lawsuit brought against him and BNY Mellon by the Republic of Kazakhstan, ruling that the case concerns a “serious issue” that must be tried in court with all parties present.

  • December 4, 2018

    UK Can Unilaterally Reverse Brexit, ECJ Adviser Says

    Britain can unilaterally revoke its decision to withdraw from the European Union before the end of the exit agreement with no conditions, a senior legal adviser at the EU's highest court concluded on Tuesday.

  • December 3, 2018

    Kazakhstan Can Seek Docs In Bid To Nix $500M Award Row

    Kazakhstan has been cleared by a New York federal judge to seek evidence from an investment banking firm as it looks to shut down European court proceedings to enforce an arbitral award worth more than $506 million issued to two oil and gas investors, an award the country claims is tainted by fraud.

  • December 3, 2018

    UK Supreme Court To Hear Deepwater Horizon Arbitrator Appeal

    The U.K. Supreme Court has agreed to hear an appeal challenging a determination that insurer Chubb can retain its arbitrator pick in a multimillion dollar dispute with U.S. oil services company Halliburton relating to the Deepwater Horizon disaster, a court spokesperson confirmed Monday.

  • December 3, 2018

    NovEnergia Says $61M Award Against Spain Can Be OK'd

    Luxembourg-based NovEnergia II-Energy & Environment SCA has rebutted arguments that its €53.3 million ($60.5 million) award against Spain over renewable energy investments cannot be enforced, telling a D.C. federal court that Spain has presented "an array of misleading and inaccurate arguments."

  • December 3, 2018

    Egyptian Co. Wants $360M Award Enforced In Pipeline Fight

    East Mediterranean Gas SAE has asked a Washington, D.C., federal court to enforce an arbitration award of more than $360 million against two Egyptian state-owned energy companies, following a yearslong contract dispute over a gas pipeline.

  • December 3, 2018

    FCA's Bailey Denies Political Pressure Over Brexit Letters

    Andrew Bailey, the chief executive of the Financial Conduct Authority, on Monday denied claims that the watchdog had come under government pressure to warn banks to slow down the pace of their Brexit relocation plans.

  • December 3, 2018

    Data-Driven Lawyer: DLA Piper's Eric Falkenberry

    DLA Piper’s Eric Falkenberry quantifies litigation risk for buyers and sellers in the M&A arena, runs data boot camps for colleagues and helps dream up innovative new analytics tools, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • November 30, 2018

    The Data-Driven Lawyers Of 2018

    Big Data. Statistical Analysis. Insights. Innovation. These data-driven lawyers are making their mark on the legal industry and developing systems and practices that will change the way law is practiced in the 21st century.

  • November 30, 2018

    WTO Pushed To Embrace EU Effort To Repair Appeals Body

    Australia and Singapore — two countries that mostly avoid testy trade disputes — have nevertheless called for other World Trade Organization members to immediately hold discussions aimed at repairing the moribund Appellate Body, according to a WTO document published Thursday.

  • November 30, 2018

    $1.4M Church Damage Claim Must Be Arbitrated, Insurer Says

    A New Orleans church that sustained $1.4 million in damage during a devastating 2017 tornado must arbitrate claims that a German insurer and a group of Lloyd's of London underwriters wrongly denied the church's insurance claim, the insurer and underwriters told a Louisiana federal court Thursday.

  • November 30, 2018

    Insurer Tells 6th Circ. $40M Tunnel Borer Delay Not Covered

    Maxum Indemnity Co. has urged the Sixth Circuit to affirm that it has no duty to defend or indemnify a tunnel-boring machine maker in a $40 million arbitration action over delays caused by an equipment breakdown, saying the action consists solely of breach-of-contract claims that are excluded from Maxum’s policies.

  • November 30, 2018

    Info Bid Moot In Panama Canal Expansion Row, Court Hears

    The government-owned agency that operates the Panama Canal again urged a New York federal court on Thursday to toss as moot a lawsuit filed by a contractor seeking information to be used in arbitration relating to a multi-billion dollar canal expansion project, saying the relevant proceeding has ended.

  • November 30, 2018

    UK Agencies Monitor Insurer's Liquidation After Deal Dispute

    British and Irish authorities have vowed to keep a close eye on the fate of Qudos Insurance A/S as it goes through voluntary liquidation amid claims that its previous ownership over lied about the Danish insurer's solvency ratio.

  • November 30, 2018

    Leaders Ink NAFTA Rewrite, Teeing Up Legislative Climb

    President Donald Trump and his counterparts from Canada and Mexico on Friday formally signed the modernized North American Free Trade Agreement they completed in September, which would keep the three neighbors under a unified set of trading rules once the deal is ratified.

  • November 29, 2018

    $3.2M Award Must Be Enforced In Hong Kong, US Court Told

    A company accused of perpetrating an investment fraud scheme has told a Michigan federal judge that he can’t enforce a $3.2 million arbitration award secured by three investors, saying their agreements clearly indicate that any enforcement efforts belong in Hong Kong.

  • November 29, 2018

    G-20 Summit Unlikely To Halt Trump's China Crusade

    President Donald Trump and Chinese President Xi Jinping are slated for a closely watched meeting at this week’s G-20 summit after a monthslong brawl that has imposed hefty tariffs on one another’s goods, but the prospects for an immediate halting of the conflict are looking slim.

  • November 29, 2018

    Yacht Co.'s $2.2M Award From Chinese Ship Builder OK'd

    A Florida federal court judge has confirmed $2.2 million in awards issued in favor of a U.S. yacht company in a dispute over construction and delivery of a 40-foot motor yacht, entering default judgment against a Chinese yacht builder who failed to respond to the petition to confirm the awards.

  • November 29, 2018

    Insurer Gets OK To Pursue Piracy Payout Dispute In UK

    Insurer Griffin Underwriting can sue the owner of a ship that was hijacked by pirates off the coast of Somalia for breach of contract after a court in London ruled that the English legal system has jurisdiction over the claim.

  • November 29, 2018

    FCA Backs May's Brexit Deal, Says New Legislation Is Crucial

    The Financial Conduct Authority gave its backing to Prime Minister Theresa May’s controversial agreement for Britain's withdrawal from the European Union on Thursday, warning that crashing out of the bloc in March would bring “much higher risk” for the companies it regulates.

Expert Analysis

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 8 Ways ICSID Proposal Would Change Arbitration

    Sarah Reynolds

    The International Center for Settlement of Investment Disputes recently proposed extensive rule revisions. These updates come at a troubling time for investor-state arbitration, which faces increasing backlash from nongovernmental organizations and criticism from populist politicians, say attorneys with Mayer Brown LLP.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.