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International Arbitration

  • November 21, 2018

    European Commission Sets Sights On All Intra-EU Claims

    Eight months after Europe's top court adopted the European Commission’s view that an arbitration clause in a Dutch-Slovak investment treaty is incompatible with EU law, experts say it's become clear that the bloc has expanded its focus to target the multilateral Energy Charter Treaty for the same reason.

  • November 21, 2018

    Bribery Deal With SEC Kills $622M Award, Petrobras Says

    Petrobras has bolstered its contention that it should not have to shell out a $622 million arbitration award to a former drilling services partner, arguing that the partner’s deal with the U.S. Securities and Exchange Commission in a related bribery matter cancels its obligation.

  • November 21, 2018

    $250M Award Against Romania Can Be OK'd, Investors Say

    Two Swedish food industry investors re-upped their bid for a D.C. federal court to enforce a $250 million arbitral award issued against Romania, arguing that a decision issued by Europe's highest court invalidating an arbitration clause in a Dutch-Slovak investment treaty is inapplicable.

  • November 21, 2018

    WTO Dispute Roundup: Trump's Metal Tariff Battle Boils Over

    In Law360's latest look at the World Trade Organization's Dispute Settlement Body, the fleet of cases spurred by the Trump administration's tariffs on steel and aluminum are now set for formal adjudication by a panel, teeing up a potentially explosive battle over the WTO's national security exception.

  • November 21, 2018

    Reed Smith Adds Arbitration Pro In Middle East

    Reed Smith LLP has gained a former Hadef & Partners partner who brings extensive experience representing clients in international arbitration proceedings across various venues and in a range of commercial disputes. 

  • November 21, 2018

    Rusoro's Venezuelan Asset Bid Nixed Following $1.2B Deal

    A D.C. federal judge has nixed an attempt by Rusoro Mining to begin pinning down Venezuelan assets to enforce a $1.2 billion arbitral award issued after its investments in the country were seized, several weeks after the Canadian miner announced it had settled the dispute with the financially ailing nation.

  • November 20, 2018

    Saudi Heirs Cite US Aramco Unit In Bid To OK $18B Award

    A group of Saudi individuals urged a Texas federal court Tuesday to keep alive their suit seeking to enforce a nearly $18 billion arbitral award issued in a dispute over oil fields in their country, saying the suit that names a U.S. subsidiary of Saudi Arabia's state-owned oil company has merit.

  • November 20, 2018

    Papua New Guinea To Face Arbitration Over Gas Project

    Australia-based Horizon Oil Ltd. and global Spanish energy company Repsol SA are launching arbitration proceedings against Papua New Guinea’s government over its plan to cancel petroleum development and pipeline licenses for a gas field project in the country’s Western Province.

  • November 20, 2018

    Saudi Oil Co. Seeks Enforcement Of $5.3M Arbitration Win

    A Saudi Arabian oil logistics company asked a Texas federal court on Monday to confirm that it's entitled to a $5.3 million award after a Saudi arbitration panel ruled in its favor against a Houston-based former partner in a contract dispute.

  • November 20, 2018

    Fla. Court Confirms Brazilian Investment Firm's Award

    A Florida federal court confirmed a $500,000 arbitration award issued in favor of a Rio de Janeiro investment firm in its dispute with a Brazilian investor accused of hiding his assets in an attempt to avoid paying the award.

  • November 20, 2018

    India Space Agency Unit Says US Can't Confirm $563M Award

    The commercial arm of India’s space program urged a Washington state federal judge Monday to nix a telecommunications company’s suit seeking to confirm a more than $562.5 million award stemming from a canceled satellite-leasing deal, arguing the court lacks jurisdiction over the foreign corporations.

  • November 19, 2018

    Sovereign Immunity Bars $13M Award Suit, Uzbekistan Says

    The Republic of Uzbekistan on Friday urged a D.C. federal court to toss a lawsuit filed by a Guernsey-based arbitration funder to confirm a $13 million arbitral award stemming from a mining and tax dispute, saying the suit is barred under sovereign immunity.

  • November 19, 2018

    Dutch Decision Doesn't Bolster Kazakh Appeal, DC Circ. Told

    A recent Dutch court ruling doesn’t lend weight to Kazakhstan’s claims that an over $500 million arbitral award against it was tainted by fraud, two Moldovan oil and gas investors told the D.C. Circuit on Monday, saying the decision actually holds that the country hasn’t made its case at this point.

  • November 19, 2018

    Woodsford Litigation Funding Chair Commits $100M To Firm

    Woodsford Litigation Funding said Monday that it's raised $100 million from its chairman, an investment that's in line with the company's funding strategy and that its top brass say will fuel the company's continued expansion.

  • November 19, 2018

    Hogan Lovells Nabs Ex-Ashurst Global Disputes Pro

    A former Ashurst LLP attorney has made the move to Hogan Lovells, bolstering the firm's global litigation team with her experience handling a wide range of complex disputes and investigations, including international arbitration proceedings.

  • November 19, 2018

    Swiss Co. Gets Costs For Arbitration Bid In Coal Dispute

    An Australian court has ordered a Japanese tourism and trading company to cover the costs a Swiss trading and shipping corporation incurred in its successful pursuit of arbitration in a coal supply dispute, saying their contract clearly contained an arbitration provision.

  • November 16, 2018

    5th Circ. Nixes Daewoo Bid To Revise Shipment Row Question

    The Fifth Circuit has declined a bid by Posco Daewoo Corp. to rephrase a question the appeals court panel put to Louisiana's highest court, despite the Korean trading giant's arguments that the question as stated would not help determine whether it could seize an iron shipment as security for a future arbitration award.

  • November 16, 2018

    Wine Co. Shareholder Can't Avoid $29M Bill, 11th Circ. Told

    An American investor in a Chilean wine company has urged the Eleventh Circuit to affirm a lower court’s decision ordering a controlling shareholder of the venture to cough up $28.7 million, accusing him of playing a “cat-and-mouse game” to avoid paying what he owes.

  • November 16, 2018

    Reinsurance Award Over Boy Scouts Molestation Cases OK'd

    A Massachusetts federal judge on Friday confirmed a confidential arbitration award to certain Lloyd's of London underwriters following a reinsurance dispute with Century Indemnity Co. that stemmed from decades-old sexual molestation allegations involving the Boy Scouts of America.

  • November 16, 2018

    Texas High Court Won’t Review $17M Power Plant Award Row

    The Texas Supreme Court on Friday said it would not take up a bid by Dixie Equipment LLC to review a ruling against it in an arbitration dispute over the construction of a power plant in Mexico, leaving in place a $16.6 million award.

Expert Analysis

  • Daesang V. NutraSweet Reaffirms NY's Pro-Arbitration Attitude

    Stephen Younger

    The reversal last month by New York's appellate division in Daesang v. NutraSweet is an important decision for the state's courts because it helps reaffirm New York's role as a preferred venue for international arbitration, say Stephen Younger and Michael Farinacci of Patterson Belknap Webb & Tyler LLP.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • A Canadian Perspective On The 'New NAFTA'

    Matthew Kronby

    Last week, Canada reached agreement with the United States and Mexico on what is essentially a revised North American Free Trade Agreement. The new U.S.-Mexico-Canada Agreement alters some provisions of NAFTA, maintains others and borrows a few ideas from the Trans-Pacific Partnership, say attorneys with Borden Ladner Gervais LLP.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • Tech, Media, Telecom Investor-State Arbitration Is On The Rise

    Florencia Villaggi

    Disputes between foreign investors from the technology, media and telecommunications sector and host states are a substantial feature of the investor-state claims landscape. The recent growth of investor-state arbitrations in this sector could be explained by several factors, says Florencia Villaggi of Herbert Smith Freehills LLP.