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International Arbitration

  • April 30, 2018

    Appleby Snags Norton Rose Partner In Cayman Islands

    Offshore firm Appleby Global has added a former Norton Rose Fulbright partner who brings experience working on disputes involving financial institutions and funds in Hong Kong and the U.K.

  • April 30, 2018

    Chemical Plant Seeks OK Of Award Over Soured Pipe Deal

    A state-owned Ukrainian chemical plant asked a New York federal court to enforce a more than $900,000 arbitral award against a Long Island steel pipe manufacturer following a botched sales deal.

  • April 30, 2018

    Arbitrators Nix Parts Of Ukrainian Oil Co.'s Shareholders Deal

    Arbitrators in London have annulled portions of PJSC Ukrnafta’s shareholders agreement as violating Ukrainian law in a row over the minority ownership rights in the oil and gas giant, according to its majority shareholder, NJSC Naftogaz Ukrainy. 

  • April 30, 2018

    Canadian Mining Co.'s Counterclaims Wrongly Nixed: Judges

    A Canadian judge acted unjustly when he effectively nixed counterclaims filed by a Canadian mining company in litigation over a Colombian gold mining project after related arbitration proceedings were terminated for nonpayment, an appeals court concluded on Friday.

  • April 30, 2018

    Chinese Solar Co. Slapped With $897.5M Arbitration Claim

    China-based solar panel maker Yingli Green Energy Holding Co. Ltd. told investors it has been hit with an $897.5 million arbitration claim in a payment dispute with a supplier.

  • April 27, 2018

    Justices Seem Wary Of Strict Int’l Deference Standard

    The U.S. Supreme Court heard oral arguments on Tuesday in a price-fixing case involving the degree of deference statements from foreign sovereigns should be given, and while the sides seemed to push for a strict standard, the justices appeared wary of applying too heavy a hand to an issue that could have far-reaching repercussions.

  • April 27, 2018

    Otto Warmbier's Parents Sue North Korea Over His Death

    The parents of Otto Warmbier, who died after being imprisoned for nearly 18 months by North Korea for alleged state subversion, sued the country in D.C. federal court on Thursday, saying it must either arbitrate or litigate claims relating to their son's wrongful death.

  • April 27, 2018

    WTO Dispute Roundup: China Seeks Allies In IP Tussle

    In Law360’s latest look at the World Trade Organization’s Dispute Settlement Body, China attempts to rally other nations in its ongoing feud with the U.S. over intellectual property policy while other members advance cases centering on paper and steel products.

  • April 27, 2018

    ConocoPhillips Bids To Enforce $2B Venezuela Oil Co. Award

    ConocoPhillips enlisted the help of a New York federal court Thursday to enforce a $2.04 billion arbitral award against Venezuela's state-owned oil company, which was issued as compensation after the South American country nationalized two of ConocoPhillips' onshore extra-heavy oil projects in 2007.

  • April 27, 2018

    Nostra Terra’s Egypt Oil Dispute Referred To Arbitration

    Oil exploration company Nostra Terra said Thursday that its ultimate subsidiary had its dispute with the operator of an oil and gas producing field in Egypt referred to arbitration, remarking that it hopes a settlement could improve production of the asset in which it has a partial interest.

  • April 26, 2018

    Arbitrator Survives DQ Effort In Croatia Golf Course Row

    An administrative council chairman with the International Centre for the Settlement of Investment Disputes refused to unseat an arbitrator appointed by Croatia to a tribunal overseeing claims brought by companies looking to build a $1 billion golf course in the city of Dubrovnik, where a dispute with environmentalists has stymied progress. 

  • April 26, 2018

    French Court Spurns Creative Reading Of Investment Treaties

    A decision by France's highest court reinstating a $50 million arbitral award is a reminder for French courts to stick to a strict interpretation of investment treaties, experts say.

  • April 26, 2018

    EU, Japan Still Mulling Next Steps On Investment Arbitration

    The European Union and Japan met on Thursday to discuss the controversial investment protection issues that were left out of their highly touted trade deal last year, with both sides offering little detail while still holding out for a quick resolution.

  • April 26, 2018

    Swedish Brothers Attack Romania's Delays Over $250M Award

    Two Swedish food industry investors urged a D.C. federal court Wednesday to not toss their suit to confirm a $250 million arbitral award against Romania, saying the country has once again wrongly rejected their attempt to properly serve documents abroad per intergovernmental requirements.

  • April 26, 2018

    Singapore Judge OKs $129M Award Despite Fraud Claims

    A Singapore judge on Thursday upheld a $129.4 million arbitration award issued to Jaguar Energy Guatemala LLC in a dispute over the construction of a coal-fired power plant in Guatemala, finding a Chinese company's allegations that corruption and dirty legal tactics tainted the award are unconnected to the actual claims.

  • April 26, 2018

    US Pols Getting Antsy As NAFTA Talks Enter Crucial Phase

    U.S., Canadian and Mexican officials continued huddling Thursday to advance the North American Free Trade Agreement negotiations peppered with a fresh set of demands from congressional lawmakers, who seek changes to the deal’s rules covering labor, the environment, digital trade and agriculture.

  • April 25, 2018

    Marlins Say $1.2B Sale Dispute Belongs In Federal Court

    The Miami Marlins argued that their dispute with Miami-Dade County and the City of Miami over a cut of the team’s $1.2 billion sale shouldn't return to state court, saying longstanding precedent supports its assertion it is a foreign citizen, which brings the parties' arbitration agreement under federal jurisdiction.

  • April 25, 2018

    Arbitral Award Confirmed In Kuwaiti Dealer Row With Ford

    A Michigan federal judge on Wednesday denied a Kuwaiti auto dealer’s motion to overturn an arbitral decision that Ford Motor Co. properly terminated its resale agreement, finding a federal motor vehicle law does not apply to contracts between domestic manufacturers and foreign dealers.

  • April 25, 2018

    Churchill Fights To Keep Pause On Mining Row Costs Order

    Allowing Indonesia to enforce a nearly $9.5 million costs order against Churchill Mining PLC while the British company looks to revive its $1.3 billion claim over canceled coal mining rights would risk stifling its access to justice, the company told an international tribunal Monday.

  • April 25, 2018

    ConocoPhillips Wins $2B In Claim Against Venezuela Oil Co.

    ConocoPhillips prevailed Wednesday in an arbitration against Venezuela's state-owned oil company over the 2007 nationalization of two of its onshore extra-heavy oil projects, receiving a $2.04 billion award from an International Chamber of Commerce tribunal, the oil company said.

Expert Analysis

  • 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.S. ambassador to New Zealand and Samoa.

  • 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.

  • Opinion

    Olympic Ban Of Cleared Russian Athletes Is Lawless

    Ronald Katz

    The International Olympic Committee’s decision to continue to ban Russian athletes from the Pyeongchang Olympics rejects the decision of the Court of Arbitration for Sport — a tribunal created by none other than the International Olympic Committee. But there is absolutely no reason to believe that the CAS decisions were tainted, says Ronald Katz of GCA Law Partners LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • 6 Lessons From The Chaos Surrounding Russian Athletes

    Ronald Katz

    Less than two weeks before the Pyeongchang Olympics, the Court of Arbitration for Sport cleared previously banned Russian athletes to compete, but on Monday the International Olympic Committee stated it will not allow such competition. This chaotic situation could have been avoided by following well-known practices in jurisprudence, says Ronald Katz of GCA Law Partners LLP.