International Arbitration

  • May 15, 2024

    High Court Urged To Take Up Hospital Construction Feud

    A pair of arbitration scholars are urging the U.S. Supreme Court to finally resolve whether parties that agree to certain arbitral rules have also agreed to delegate jurisdictional questions to the arbitrator, in a case that centers on a $180 million project to expand a Mississippi childrens' hospital.

  • May 15, 2024

    Family, Cos. Seek $440M Zimbabwe Award Enforcement

    Two forestry and sawmill companies plus a family have asked the D.C. Circuit to enforce approximately $440 million of arbitral awards they won against the Republic of Zimbabwe, saying the court "plainly" has jurisdiction under the arbitration exception contained in the Foreign Sovereign Immunities Act.

  • May 15, 2024

    Sanctions Give Shipper Force Majeure Escape From Contract

    Britain's highest court ruled Wednesday that a shipowner should not be forced to vary the payment terms of a freight contract to overcome a potential force majeure event amid concerns about U.S. sanctions.

  • May 14, 2024

    Crystallex Special Master Fires Back Against Effort To DQ Him

    The special master appointed to oversee the auction of Citgo's parent company to satisfy billions of dollars worth of Venezuelan debt bristled at the country's allegations that he improperly pressured the U.S. to change its sanctions policy to permit the sale to go through.

  • May 14, 2024

    Mexican Mine Labor Row Ruled Outside Trade Pact's Scope

    An international tribunal formed under the U.S.-Mexico-Canada Agreement declined to examine if workers at a Mexican mine were denied collective bargaining rights, finding that much of the 17-year dispute had already been decided under now-defunct labor laws.

  • May 14, 2024

    Casino App User Can't Hide Arbitration Details, Chancery Says

    A mobile app slot-machine player who lost an arbitration dispute with the game's operator may not keep the details of the arbitration award confidential in Delaware court filings, a Chancery Court vice chancellor said Tuesday, denying a request for ongoing confidential treatment.

  • May 14, 2024

    Insurer Files Another Suit Over Firm's Malpractice Coverage

    After dropping a complaint in Washington federal court seeking a declaration that it does not have to indemnify Harris Sliwoski LLP for potential malpractice liability related to a $31 million judgment, Evanston Insurance Co. filed a similar action in New York on Tuesday.

  • May 14, 2024

    $330M Romania Award Must Be Enforced, DC Circ. Says

    The D.C. Circuit on Tuesday refused to overturn a ruling enforcing a $330 million arbitral award against Romania based on a pair of decisions issued by Europe's highest court, saying a federal district judge was obligated under U.S. law to enforce the award.

  • May 13, 2024

    Deepfakes Could Be Arbitration's Next Gen AI Shake-Up

    In a high-stakes arbitration, lawyers for one of the companies present what they say is surveillance video of a bribe being accepted by its opponent's president. They argue the video presents incontrovertible evidence that the case should be decided in their client's favor — and a tribunal might be inclined to agree. But what if it turns out that the video is a fake, generated by artificial intelligence?

  • May 13, 2024

    Construction Co. Says Guatemala Can't Exit $31M Award Suit

    A construction and engineering firm has asked a D.C. federal court not to toss its litigation to enforce $31 million in arbitral awards against Guatemala that arose from unpaid public works contracts, saying local courts already denied the country's claim the awards violate domestic law.

  • May 13, 2024

    Diaz Reus Attys Dodge Sanctions Over Last-Minute Dismissal Bid

    Citing a lack of good cause for sanctions, a south Florida federal judge determined Monday that shareholders in a Venezuela-linked bank cannot penalize Miami-based Diaz Reus & Targ LLP lawyers over allegations they delayed an expected October 2023 trial in a suit alleging the bank's directors breached their fiduciary duty.

  • May 13, 2024

    Chevron Says $268K Fine For Fake News Clips Must Stand

    Chevron on Friday urged the Ninth Circuit to summarily toss a Seattle attorney's appeal challenging an order that he pay $268,000 for filing a fake newspaper article as a court exhibit, saying the attorney is raising arguments that have already been rejected.

  • May 13, 2024

    Barclays Can Keep $148M Russian Swaps Dispute In London

    Barclays has secured a permanent London court order preventing sanctioned Russian state investment company VEB from taking its $147.7 million swaps dispute with the bank away from the U.K. to an arbitration court in Moscow.

  • May 10, 2024

    Retail Group Opposes $1B Arbitral Award Against Walgreens

    An advocacy group for the retail industry is backing Walgreens as it looks to set aside a nearly $1 billion arbitral award in a dispute with a COVID test maker, telling a Delaware federal judge that judicial intervention is warranted in this case.

  • May 10, 2024

    $1B LNG Claim Won't Be Paused For $15B Keystone Case

    Canada has lost its bid to suspend a politically sensitive billion-dollar claim over a stymied liquefied natural gas facility in Québec until a critical jurisdictional issue in a parallel $15 billion claim against the U.S. challenging the cancelation of the Keystone XL pipeline is decided.

  • May 10, 2024

    Ariz. Judge Allows Insurer To Target DOT For Canadian Arb.

    An Arizona federal judge has issued an apparently novel ruling granting a Canadian government-backed insurer's request to subpoena the state's Department of Transportation for use in an arbitration stemming from a hit-and-run accident that took place in Scottsdale, Arizona, in 2016.

  • May 17, 2024

    White & Case Pro Exits To Launch Boutique's London Office

    Veteran White & Case LLP partner David Goldberg is set to add his name to the arbitration boutique of Andrea Pinna, as he launches the London operations of Pinna Goldberg.

  • May 09, 2024

    Nintendo Gets Switch Suit Stay Pending Patent Review

    A Seattle federal judge agreed Thursday that Nintendo could pause an intellectual property suit against it while it seeks to challenge the validity of the patents at issue, saying the plaintiff could not now complain about delays since it waited six years to file its complaint.

  • May 09, 2024

    Justices Asked To Weigh In On $1.3B India Award Fight

    Shareholders of an Indian satellite communications company are pressing the U.S. Supreme Court to clarify the analysis of a highly technical jurisdictional question as they look to revive their bid to enforce a $1.3 billion arbitral award against a state-owned division of India's space agency.

  • May 09, 2024

    Chinese Tycoon In $500M Debt To Investors To Be Released

    A Chinese cinema magnate who owes his investors more than $500 million will no longer be detained on immigration and campaign donor fraud charges, a New York federal court ruled Thursday.

  • May 09, 2024

    Lawmakers Say Shell, Eni, Nigeria Deals Need Second Look

    Two Democratic lawmakers urged the U.S. Department of Justice to reopen a foreign bribery case into an alleged $1.1 billion scheme in Nigeria perpetrated by oil giants Shell and Eni, saying a possible settlement in a related investor-state case could mean more corrupt deals are on the horizon.

  • May 09, 2024

    Norton Rose Adds To Int'l Arbitration Bench In Houston, DC

    Norton Rose Fulbright is one of numerous firms bolstering their international arbitration teams, welcoming three attorneys in Houston and Washington, D.C., from Vinson & Elkins LLP, Sidley Austin LLP and Baker McKenzie LLP.

  • May 08, 2024

    NAFTA Tribunal Orders US To Redo Duties On Canadian Wood

    A panel assembled under the North American Free Trade Agreement ordered the U.S. to redo countervailing duties on Canadian softwood lumber, rejecting the U.S.' conclusion that Canadian lumber companies hadn't fairly paid Ottawa to harvest lumber on government property.

  • May 08, 2024

    Appeal Court Wrongly Allowed Challenge To $5M Cargo Award

    Britain's top court ruled on Wednesday an appellate court was wrong to allow an agriculture distributor to challenge two arbitral awards totaling just over $5 million arising out of a botched sale of pulse cargoes, finding the appeal should not have been granted on the basis of a notional new contract.

  • May 08, 2024

    South Africa Immune To Sunken WWII Silver Salvage Claim

    Britain's highest court ruled Wednesday that South Africa has sovereign immunity against a salvage repayment claim from a company that recovered around $43 million worth of silver bullion from a cargo ship sunk during the Second World War.

Expert Analysis

  • UN Code Likely To Promote Good Arbitration Practices

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    The arbitrator code of conduct recently adopted by the United Nations Commission on International Trade Law should help reinforce standards of good practice and improve public perception of investor-state dispute settlement, though its effectiveness may be limited by the code's voluntary nature, say attorneys at Jenner & Block.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • 6 Key Factors For Successful Cross-Border Dispute Mediation

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    The European landscape of cross-border disputes diverges markedly from the U.S. experience and presents unique challenges, including the amalgamation of diverse cultures and legal systems, but there are several practical steps that practitioners can take to effectively navigate the process, says Peter Kamminga at JAMS.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Defense Practice Pointers In Venezuela Bribe Case Dismissal

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    A Texas federal court’s recent dismissal of charges in U.S. v. Murta — one of over two dozen prosecutions targeting bribes paid to a Venezuelan state-owned oil company — highlights the complicated issues presented by cross-border investigations, and provides lessons for defense counsel representing foreign clients in U.S. prosecutions, say attorneys at Steptoe & Johnson.

  • Strategies For Enforcing Arbitral Awards Against Sovereigns

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    When a large project or investment in a foreign country is unexpectedly expropriated by a new government, companies often prevail in arbitration — but if the sovereign refuses to pay up, collecting the arbitral award may require persistence, creativity, and a mixture of hard and soft approaches, say Gabe Bluestone and Jeff Newton at OmniBridgeway.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

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