International Arbitration

  • March 13, 2018

    Tillerson Fired, CIA's Pompeo Tapped To Head State Dept.

    President Donald Trump on Tuesday fired Secretary of State Rex Tillerson after a long and public falling out between the two men over the direction of the nation's foreign policy, taking to Twitter to announce his plans to nominate CIA Director Mike Pompeo to replace Tillerson as the country's top diplomat. 

  • March 12, 2018

    Venezuela Can't DQ Arbitrator In $500M Glass Co. Award Row

    An International Centre for Settlement of Investment Disputes committee on Friday denied Venezuela's bid to disqualify a committee member overseeing the country's efforts to annul a $500 million arbitration award issued in favor of an Owens-Illinois Inc. subsidiary, the country's second disqualification bid denial in a week.

  • March 12, 2018

    Three Crowns Helps Ethiopian Runner Reunite With His Family

    An elite Ethiopian marathon runner whose heels and feet were severely lashed for peacefully protesting Ethiopian government policy and who fought for two years to bring to the U.S. the pregnant wife and son he left behind when he sought asylum saw his dream come true thanks to the efforts of Three Crowns LLP.

  • March 12, 2018

    Oil Co. Must Fork Over $14M To Transocean Cos., Judge Says

    Two Nigerian units of Transocean won confirmation of over $14 million in arbitration awards against an oil and gas exploration company over allegedly unpaid work on a drilling contract, with a Texas federal judge holding Monday that there is no basis to vacate or alter the awards.

  • March 12, 2018

    Holland & Knight Adds Commercial Litigator In Dallas

    Holland & Knight LLP has hired away a litigation partner from Thompson & Knight LLP in Dallas in a move it says will bolster its complex commercial litigation practice.

  • March 12, 2018

    FIFA Won't Rescind Banned Ex-VP's $1.05M Bribery Fine

    FIFA on Monday refused to lift a 1 million Swiss franc ($1.05 million) fine issued to former Vice President Jeffrey Webb, who was banned from soccer for life for his role in a massive bribery scandal that saw hundreds of millions of dollars exchanged for lucrative media and marketing rights to international soccer tournaments in the Americas. 

  • March 9, 2018

    Why The ‘Blue Slip’ Battles Are Becoming White Hot

    It’s more of a norm than a rule. Its use has shifted over time, often with political winds. But the once-obscure Senate tradition is now front and center in the boiling debate over the future of the judiciary.

  • March 9, 2018

    Senior Judges Fill The Void Left By Rampant Vacancies

    More federal judges are skipping the golf course to head back to the courtroom upon taking senior status, and they're playing an increasingly vital role in a strained system.

  • March 9, 2018

    How Far Right Can The President Pull The Courts?

    Although President Donald Trump set a record with the number of circuit judges he named during his first year, experts say that's not the whole story. Here’s our data-driven look at what the White House faces in its quest to reshape the appeals courts.

  • March 9, 2018

    Use Mediation To Promote Tax Arbitration, UN Official Says

    More needs to be done to build confidence in mandatory binding arbitration for tax treaties rather than just depending on external pressures to continue its use, and having nonbinding third-party mediation may be the answer, a United Nations official said on Friday.

  • March 9, 2018

    Ghana Can't Call On Foreign Orders In $13.4M Row, Cos. Say

    A British energy firm and its Ghanaian subsidiary on Thursday blasted Ghana's contention that a pair of foreign orders handed down last year bar a D.C. federal court from confirming a $13.35 million arbitral award against the country over a disputed power purchase agreement, declaring the argument baseless.

  • March 9, 2018

    Sens. Cornyn, Murkowski Cautious About NAFTA Talks, Tariffs

    Two Republican U.S. senators told attendees at a major energy conference in Houston on Friday that they were surprised by President Donald Trump’s decision to slap tariffs on aluminum and steel, and that while they support modernization of the North American Free Trade Agreement, a cautious approach is needed in negotiating it.

  • March 9, 2018

    New Zealand Signs Side Pacts In New TPP To Curb Arbitration

    New Zealand has reached side deals with five countries to exclude compulsory investor-state dispute settlement in the newly signed Comprehensive and Progressive Agreement for Trans-Pacific Partnership, according to a Friday statement.

  • March 9, 2018

    Veolia Unit Seeks Conciliation With Gabon Over Nixed Deal

    Weeks after armed men “commandeered” a subsidiary of French resource management company Veolia Group, and the Gabonese government terminated its concession to produce and distribute drinking water and electricity, the subsidiary said Friday it’s filed a conciliation request at a World Bank arbitration forum.

  • March 9, 2018

    Angola Says $52M Electricity Contract Row Must Be Arbitrated

    A Panamanian electrical energy company must arbitrate its suit seeking more than $52 million allegedly owed under contracts to operate and manage power generating facilities in Angola, the African nation told a Florida federal court on Friday.

  • March 8, 2018

    11 TPP Countries Sign New Deal Post-US Withdrawal

    The 11 countries remaining in the Trans-Pacific Partnership bloc following President Donald Trump’s decision to withdraw from the deal inked a new agreement Thursday, binding their economies together under a unified set of trading rules in the crucial Asia-Pacific region.

  • March 8, 2018

    Shipbuilder Looks For Court's OK Of $129M Venezuela Award

    A subsidiary of U.S. shipbuilder Huntington Ingalls Industries Inc. has asked a D.C. federal court to confirm a $128.9 million award against Venezuela's defense ministry, which was issued following a long-running dispute that arose from a $315 million contract to refurbish two warships.

  • March 8, 2018

    Energy Consultant Fights Arbitration Ban On $775M BP Sale

    International Energy Ventures Management LLC told a Texas federal court Wednesday that an arbitrator improperly tackled issues better left to the courts in finding the oil and gas consultancy waived its right to arbitrate a dispute involving a $775 million BP PLC asset sale.

  • March 8, 2018

    Arbitration Centers Tout 2017 Caseload, Diversity Records

    Two major centers for international arbitration released reports this week indicating that the number of cases and countries involved in disputes is up, pushing the total value of claims in the billions even as the organizations diversify their ranks.

  • March 8, 2018

    India Moves To Further Tweak Arbitration Law

    India said Wednesday it has advanced legislation to further amend its law pertaining to arbitration and conciliation, including a proposal to establish an arbitration council that would grade arbitral institutions and establish policy on professional standards, as part of efforts to encourage institutional arbitration to resolve disputes.

Expert Analysis

  • 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... (continued)

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • ‘Home Country’ Arbitration Clauses — Worth The Trouble?

    Timothy Nelson

    Although the varying approaches by two circuit courts in the cases of Bamberger Rosenheim v. OA Development and Polimaster v. RAE Systems might be explained by differently worded clauses, the outcomes nevertheless show that court interpretations of “home country” clauses can be difficult to predict, say partners with Skadden Arps Slate Meagher & Flom LLP.

  • Latest CAS Olympics Ruling Contradicts 2011 Case

    Ronald Katz

    On Friday, when the Court of Arbitration for Sport essentially reversed itself by stating that the International Olympic Committee had the right to keep cleared Russian athletes out of the Pyeongchang Olympics, it appeared that intimidation from the IOC had worked. This is especially true because the basis of the new CAS opinion is diametrically opposed to a 2011 opinion of the CAS, says Ronald Katz of GCA Law Partners LLP.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.