International Arbitration

  • November 29, 2017

    Hisense Says Sharp Can't Appeal Remand Ruling In TM Row

    Electronics manufacturer Hisense pushed back at Sharp’s bid for an interlocutory appeal challenging whether a California federal court has jurisdiction over its claims that Hisense misrepresented the quality of Sharp-branded televisions, telling the court Tuesday that the attempted appeal is a move to harass the Chinese company that must be denied.

  • November 28, 2017

    $18.5M Aircraft Contract Row Belongs In Court, Judge Told

    A Hong Kong company has urged a Missouri federal court to reject an American aircraft and parts seller's bid to compel arbitration of claims relating to an $18.5 million sales agreement, saying the request shows “breathtaking audacity,” as it reflects a total reversal from the position the company advanced in a related suit.

  • November 28, 2017

    Chinese Co. Wants Speaker Seller's Owners To Pay $1M Award

    A Chinese company that had a $1 million award confirmed against a California-based wireless speaker seller asked a federal judge on Monday to amend the judgment to include the company’s founders as judgment debtors, claiming the married couple are alter-egos of the speaker company.

  • November 28, 2017

    Cloud Computing Co. Unit's Suit Paused By Hong Kong Judge

    A Hong Kong judge on Monday paused litigation initiated by the British Virgin Islands subsidiary of a cloud computing services provider over a share purchase agreement with two Hong Kong companies, finding an arbitration clause in their deal had not been superseded by a subsequent agreement.

  • November 28, 2017

    $50B Yukos Awards Were Properly Nixed, Russia Tells Court

    Russia pressed a Dutch court on Tuesday not to revive $50 billion in arbitral awards stemming from Russia’s dismantling of Yukos Oil Co., arguing in a closely watched appeal that a lower court correctly found there was no valid arbitration agreement between the country and Yukos' former shareholders.

  • November 28, 2017

    US-Canada Lumber Scrap Spills Into WTO

    The long-running fight over U.S. duties on Canadian softwood lumber reached the World Trade Organization’s doorstep Tuesday as Ottawa brought a new dispute over the latest round of tariffs finalized by the Trump administration this month.

  • November 27, 2017

    ICJ Judges Commonly Sit As Arbitrators, Study Finds

    At least 20 current and former International Court of Justice judges worked as arbitrators during their tenure, circumstances that could undermine the court's reputation as the world's most important and respected court, according to a study published Monday by an international nonprofit organization.

  • November 27, 2017

    Electronic Trader Sues To Keep Access To Hibernia Cable

    A company recently acquired by electronic trading firm Virtu Financial has filed suit in New York federal court to block telecom Hibernia from shutting off its access to a high-speed transatlantic cable it uses for its trading operations, accusing Hibernia of retaliation for an unrelated contract dispute.

  • November 27, 2017

    Cobra Continues Push To Toss Revised $18M Award

    Spanish construction firm Cobra Infraestructuras Hidraulicas SA continued its push to vacate an award in favor of an Italian engineering and construction firm, telling a Florida federal court Friday that the decision by the International Chamber of Commerce’s arbitration court to reduce the initial $23 million award by more than $5 million does not remove the alleged deficiencies in how it was determined.

  • November 27, 2017

    Dutch High Court Won't Enforce $153M Award Nixed In Russia

    The Netherlands’ highest court refused Friday to enforce a $153 million arbitral award that was annulled in Russia and had been issued to a Russian businessman following a dispute over a share purchase agreement with one of that country’s largest steel companies.

  • November 27, 2017

    Venezuela, Crystallex Deal OK'd In $1.2B Mine Row

    Venezuela and the bankrupt Crystallex International Corp. secured a Canadian court’s approval Friday for a settlement resolving their dispute over a $1.2 billion arbitral award issued to the company over the government’s expropriation of a gold mine.

  • November 22, 2017

    WTO Dispute Roundup: Stage Set For High-Stakes Gulf Battle

    In Law360's latest look at the World Trade Organization's Dispute Settlement Body proceedings, a battle among Gulf States that will test the WTO's third-rail national security provisions forged ahead, while the gridlock over Appellate Body vacancies became further entrenched.

  • November 22, 2017

    YPF Gets $10M Award Against Apache Confirmed

    Argentine energy giant YPF SA had an almost $10 million award against oil and gas exploration and production company Apache Corp. confirmed earlier this week, with a Texas federal court finding that the award was properly decided by KPMG LLP partners per an agreement between the companies. 

  • November 22, 2017

    Court Pauses Suit Against Furniture Seller, Citing Settlement

    A Texas federal judge has granted a request to pause litigation brought by two Texas companies and their Chinese owner against a Michigan furniture seller that tried to haul them into arbitration over a contract, after the parties told the court they had agreed to settle and thought a complete resolution was imminent.

  • November 22, 2017

    US Trade Rep Worried NAFTA Talks Making No Headway

    The fifth round of the North American Free Trade Agreement talks concluded on relatively peaceful terms Tuesday, with the parties vowing to continue their work and find a path forward for the 1994 pact, even as U.S. Trade Representative Robert Lighthizer said he remained “concerned about the lack of headway.”

  • November 22, 2017

    What NAFTA Renegotiating Objectives Mean For Arbitration

    Updated renegotiation objectives for the North American Free Trade Agreement that the Trump administration released in recent days have provided more insight into its stance on investment arbitration. Here, Law360 lays out what you need to know.

  • November 22, 2017

    How Associate Bonuses May Highlight BigLaw's Profit Gap

    In past years, many BigLaw firms have played follow-the-leader in matching associate bonuses to those set by the most profitable firms, but as law firm profit gaps grow, experts say it's likely that bonuses at less profitable firms will remain on trend with past years even as their counterparts up the ante for a select few associates.

  • November 21, 2017

    Treasury Sanctions Chinese, N. Korean Companies Over Trade

    The U.S. Department of Treasury said Tuesday that it had sanctioned four Chinese companies and a slew of North Korean companies and vessels in an effort “to disrupt North Korea's illicit funding of its unlawful nuclear and ballistic missile programs.”

  • November 21, 2017

    Bolivian Gov’t Steel Co. Says $18M Award Can’t Be Confirmed

    A Bolivian government-owned steel company pushed a Washington, D.C., federal judge to dismiss a petition to confirm an $18 million arbitration award against it on Monday, arguing its former business partner fumbled the legal requirements to sue a sovereign-owned entity.

  • November 21, 2017

    Petrobras Fights Bid To Arbitrate $400M Oil Rig Defect Suit

    Brazilian oil giant Petrobras on Monday told the Fifth Circuit it doesn’t have to arbitrate a $400 million claim against Spanish manufacturer Vicinay Cadenas SA over an allegedly defective component used in an offshore oil and gas rig.

Expert Analysis

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.

  • 6 Key Considerations In China-Related Arbitrations

    Ing Loong Yang

    As commercial ties between mainland China and the rest of the world broaden and deepen, the number of China-related commercial disputes has also increased. Parties to disputes in China, especially foreign-invested enterprises, should carefully consider if and how to pursue arbitration in China, say Ing Loong Yang and Tina Wang of Latham & Watkins LLP.

  • Series

    Making Pro Bono Work: The Sidley-Exelon Partnership

    Kelly Huggins

    Exelon Corp. and Sidley Austin LLP have been working together on both short- and long-term pro bono matters for the past 10 years. We offer a glimpse of how we got started and what we have done in the hope that other corporate legal departments and law firms might find ways to work together to meet the legal needs of the poor, say Kelly Huggins, pro bono counsel at Sidley Austin, and Margaret Balsley-Cross, assistant general counsel at Exelon.

  • Recipe For Legal Project Management: Look To BBQ Champs

    Anthony Rospert

    As a master certified barbecue judge with the Kansas City Barbeque Society, I have noticed that the top pitmasters follow a consistent process in approaching each and every competition. Their "secret sauce" — employing project management principles — can also help lawyers achieve success, says Anthony Rospert of Thompson Hine LLP.

  • Series

    Making Pro Bono Work: Can You Practice In Your State?

    Eve Runyon

    The justice gap is a well-documented problem and over the past two decades, law firms have mobilized attorneys to provide millions of hours of pro bono every year. But for many in-house counsel, there remains a big hurdle — restrictive multijurisdictional practice rules, says Eve Runyon, president and CEO of Pro Bono Institute.

  • Opinion

    Representing Women At The Intersection Of Law And Finance

    Andrea Mitchell

    To the extent that companies have tolerated predominantly male leadership in the past because it was deemed necessary for growth and prosperity, or viewed diversity and the underrepresentation of women strictly as human resources issues, a growing body of research suggests otherwise, say Andrea Mitchell and Valerie Hletko of Buckley Sandler LLP.