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International Arbitration

  • September 6, 2018

    US Attacks On Dispute Panels Could Have Global Impact

    Parallel attacks by the Trump administration on two trade dispute resolution mechanisms may signal that the U.S. is looking to weaken their checks on protectionist policies, a goal that could lead to the breakdown of free trade that the World Trade Organization was created to maintain, experts say.

  • September 6, 2018

    Lloyd's Insurers Seek To Nix Carlyle's $400M Oil Loss Claim

    Lloyd’s of London underwriters asked a New York court on Thursday to rule that they have no obligation to pay Carlyle Group affiliates’ claim for nearly $400 million in crude oil they lost when a Moroccan oil refinery known as SAMIR was seized in 2015, asserting that Carlyle’s failure to provide timely notice of the losses forecloses coverage.

  • September 6, 2018

    Court Won't Limit Recusal Review In Tanzanian Mining Row

    A Canadian judge has concluded that judicial review of Tanzanian Goldfields Co. Ltd.’s efforts to boot the arbitrator overseeing its dispute with a Canadian mining company needn’t be restricted to the materials that were before the arbitrator when he declined to recuse himself from the proceedings.

  • September 6, 2018

    Embattled Tech Tycoon Owes $100M Award, Chinese Co. Says

    The co-founder of a struggling American electric vehicle startup was sued by a Chinese investment company in California federal court to enforce a more than $100 million arbitration award over debts allegedly left unpaid by the tech tycoon and his smartphone company.

  • September 6, 2018

    Ryan Awaiting NAFTA Details Before Making Compliance Call

    House Speaker Paul Ryan, R-Wis., on Thursday did not say whether a bilateral trade deal with Mexico will comply with Trade Promotion Authority and earn an easier route to passage, stressing that he needs more details about the North American Free Trade Agreement before making such a call.

  • September 5, 2018

    Del Monte Should Get Fees In Pineapple Award Row: Judge

    A Costa Rican pineapple farm should have to pay a Monaco-based Del Monte unit's attorneys' fees for mounting a baseless and inadequate challenge against a more than $29.3 million arbitration award issued to the food production and distribution company, a Florida magistrate judge concluded.

  • September 5, 2018

    Don't Aggravate $1.8B Peruvian Bond Dispute, Tribunal Says

    An arbitral tribunal has ordered Gramercy Funds Management LLC and Peru to avoid aggravating their $1.8 billion dispute over old government bonds at the request of the country, which claimed the U.S. asset manager has exacerbated the conflict with actions like spreading negative information about the nation in the press.

  • September 5, 2018

    Ukraine Says Russian Energy Co. Can't Enforce $112M Award

    Ukraine urged the D.C. Circuit to toss Russian energy company PAO Tatneft's bid to enforce a $112 million arbitral award it won following the forced 2007 seizure of a Ukrainian oil refinery, saying an exception to sovereign immunity doesn't apply in this instance.

  • September 5, 2018

    Most UK Firms Uninsured Against Cyberattack, Survey Shows

    Two thirds of U.K. firms do not have insurance cover for security breaches and the data loss they cause, a survey revealed on Wednesday, highlighting concerns about data protection after a series of high-profile attacks and breaches.

  • September 5, 2018

    Batch Of Akin Gump Attys Leave To Launch New Moscow Firm

    A group of now former Akin Gump Strauss Hauer & Feld LLP attorneys comprising roughly half the firm's Moscow office have decided to strike out on their own to form a new law firm based in the Russian capital in light of trans-Atlantic "geopolitical tensions," the group said Wednesday.

  • September 4, 2018

    Keep Sale In $1.2B Venezuela Award Row Paused, Court Hears

    Things began heating up even more in Delaware federal court on Friday as bondholders and other interested parties sought to maintain a pause on the sale of Citgo Petroleum Corp.'s parent company, a means for Crystallex International Corp. to enforce its $1.2 billion judgment against Venezuela.

  • September 4, 2018

    Withers Lands Ex-Bryan Cave Arbitration Pro In NY

    Withers LLP has nabbed a former Bryan Cave Leighton Paisner LLP attorney to lead its international arbitration team in the United States, bolstering its New York offerings with her experience representing clients in industries including hospitality, infrastructure, energy, insurance and pharmaceuticals, according to a Tuesday announcement.

  • September 4, 2018

    Despite Trump's Power Play, Congress Holds NAFTA Cards

    President Donald Trump warned Congress over the weekend not to "interfere" in the ongoing North American Free Trade Agreement talks, but he will ultimately need to bring lawmakers into the fold if he hopes to get any version of a new NAFTA across the finish line.

  • September 4, 2018

    Egypt Ordered To Pay $2.2B Following Natural Gas Plant Row

    An international tribunal has ordered Egypt to pay a Spanish natural gas company approximately $2.2 billion for cutting off the gas supply to liquefaction facilities the company operated in the northerly port city of Damietta, according to a Monday announcement.

  • September 4, 2018

    Crowell & Moring Hires Ex-Bryan Cave Int'l Trade Pro

    Crowell & Moring LLP has added a former Bryan Cave Leighton Paisner LLP attorney with more than 30 years of experience in international trade, the firm announced.

  • August 31, 2018

    North Korea A No-Show In Otto Warmbier Wrongful Death Suit

    North Korea has failed to respond to a wrongful death suit filed by the parents of Otto Warmbier, who died after being imprisoned in the country for nearly 18 months for alleged state subversion, according to documents filed in D.C. federal court on Friday.

  • August 31, 2018

    Cement Co. Can't Ship $36M Award Fight To Mexico, Firm Says

    A Bolivian investment firm urged a Colorado federal court Thursday to confirm a $36.1 million arbitral award against a Mexican cement company following a dispute stemming from a shared investment, arguing that the cement company's claim that the dispute belongs in Mexico doesn't withstand scrutiny.

  • August 31, 2018

    NAFTA Watch: US Proceeds With Mexico As Canada Talks Lag

    Trade talks between the U.S. and Canada ended without a deal Friday, leaving the Trump administration’s plans to overhaul the North American Free Trade Agreement up in the air as it moves ahead on a bilateral basis with Mexico.

  • August 31, 2018

    Tribunal To Mull If Ukraine's Russia Maritime Dispute Is OK

    An international tribunal will decide as an initial matter whether an arbitration in which Ukraine has accused Russia of stealing its energy and fisheries resources in the waters surrounding Crimea is actually a bid to affirm Ukraine's sovereignty over the disputed peninsula, according to a Friday announcement.

  • August 31, 2018

    Baseball Arbitration In Construction Can Be Good In A Pinch

    If the methods of resolving construction disputes played America’s national pastime, baseball-style arbitration might be rostered as a pinch runner. While it’s rarely seen and some aren’t sure it has any use at all, it can be used in lieu of slower processes such as arbitration and litigation and fans say it excels in the right situation.

Expert Analysis

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • ADR And The Solomonic Solution

    Gary Birnberg

    Is mediation an exercise in baby-splitting? I argue that it is not. Tactical positioning, available resources, psychological considerations, and internal value and risk analysis all conspire to create a dynamic in which a Solomonically even split is not a realistic solution, says Gary Birnberg of JAMS.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.