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International Arbitration

  • December 18, 2018

    The Year #MeToo Rocked In-House Law Departments

    General counsel from various industries were forced into the spotlight and held publicly accountable this year — either because they allegedly behaved inappropriately or were accused of handling internal situations poorly — as the #MeToo movement swept through corporate America and its in-house law departments.

  • December 17, 2018

    Spain Says €128M Award Over Subsidies Can't Be Enforced

    Spain has urged a D.C. federal court to toss a suit seeking to enforce a €128 million ($145.2 million) arbitral award issued to international investors following a dispute with the country over renewable energy subsidies, arguing the proceeding is barred because there is no valid arbitration agreement.

  • December 17, 2018

    May Schedules New Vote On Brexit Deal For January

    U.K. Prime Minister Theresa May said Monday she will ask Parliament to vote on her Brexit plan early next month, just days after European negotiators said they won't rework the withdrawal agreement amid widespread opposition from British lawmakers. 

  • December 17, 2018

    WTO Members Slam Trump Admin. For Current Trading Crisis

    The Trump administration has fomented turmoil at the World Trade Organization by failing to substantively work to reform the organization and by increasing the specter of protectionism and tariffs worldwide, representatives for the European Union and other U.S. trading partners said Monday in Geneva.

  • December 17, 2018

    Argentina Can't Get $226M Award Over Water Utility Nixed

    Argentina has fallen short in its bid to nix a $225.7 million award issued to several Spanish and French utilities following a dispute over a water services concession, though the committee weighing the bid expressed concern about the "generally unsatisfactory" process for disqualifying arbitrators.

  • December 17, 2018

    FCA Floats New No-Deal Brexit Rules For Firms

    The Financial Conduct Authority ratcheted up preparations for a no-deal Brexit on Monday by releasing proposed rules for European Union financial services firms whose temporary work wraps up after March so they might see out their contracts "in an orderly fashion." 

  • December 14, 2018

    Jay-Z Adds Star Power To Diversity Concerns In Arbitration

    While it's unclear whether a recent argument made by the rapper Jay-Z relating to an alleged lack of diversity among available arbitrators would have ultimately prevailed, experts say the mogul has shone a 10,000-watt spotlight on a long-standing issue within arbitration.

  • December 14, 2018

    WTO Upholds US 'Dolphin-Safe' Tuna Label Criteria

    The World Trade Organization's Appellate Body on Friday signed off on a set of revised "dolphin-safe" labeling criteria for tuna sold in the U.S., ending a decadelong dispute with Mexico over whether the United States' labeling conditions are discriminatory and out of line with several global trade agreements.

  • December 14, 2018

    Naftogaz Can Get BNY Mellon Info For $2.56B Award Suits

    A New York federal judge has signed off on a request by Ukraine's Naftogaz to seek information from the Bank of New York Mellon that the national oil and gas company said it needs for pending and planned proceedings regarding a $2.56 billion arbitral award against Russia's Gazprom stemming from a contract dispute.

  • December 14, 2018

    The 6 Biggest Law Firm Mergers Of 2018

    The legal sector was rocked by announcements of six massive law firm mergers in 2018, adding to a string of behemoth combinations over the past decade that many believe are leading to the consolidation of the industry into a handful of giants.

  • December 14, 2018

    HKIAC Appoints Chief Representative For Korea Office

    The Hong Kong International Arbitration Centre has appointed a former Allen & Overy LLP attorney as the chief representative of its Korea office, the organization announced.

  • December 14, 2018

    EU Refuses To Reopen Brexit Deal, Putting Passage In Doubt

    The European Council has formally told the U.K. that its Brexit withdrawal agreement is not open to renegotiation even though a majority of British lawmakers rejected the package, increasing the odds of a no-deal departure from the bloc or a postponement.

  • December 13, 2018

    Biotech Co. On Hook For $3.6M Int'l Arb. Judgment, Court Told

    A trading firm asked a New York federal court on Tuesday to enforce a $3.6 million international arbitration judgment against a biotechnology company that reneged on a financial arrangement.

  • December 13, 2018

    Energy Materials Co. Slaps Turkey With Mine Project Claims

    A Colorado-based energy materials company has launched arbitration proceedings against Turkey over the country’s alleged illegal termination of licenses for two uranium projects, depriving the American corporation of $267 million in profits, according to a Thursday announcement.

  • December 13, 2018

    China's 'Steve Jobs' Risks Losing Calif. Property Over Loan

    Chinese tech magnate Jia Yueting could have more than $11 million of his U.S. properties seized after a Shanghai-based company asked a California federal court to enforce the decision of a Beijing arbitration committee that ordered Jia to make good on a multimillion-dollar loan.

  • December 13, 2018

    6 Things That Rocked The Legal Industry In 2018

    From a pitched battle over a U.S. Supreme Court nomination to a sea change in the way that legal employers consider their attorneys' mental health and well-being, these were some of the most significant events and trends to hit the legal industry in 2018.

  • December 13, 2018

    British Court Upholds Operation Car Wash Scandal Fee Award

    A British judge on Thursday upheld arbitration awards forcing a Brazilian entity whose owner was convicted of bribery in connection with the Operation Car Wash scandal to return consulting fees paid by a Marshall Islands drilling contractor whose business relationships imploded as a result of the scheme.

  • December 13, 2018

    FCA Urges Financial Firms To Keep Up Brexit Preparations

    The Financial Conduct Authority has published its latest set of guidance to help U.K. banks and insurers prepare for Brexit by encouraging them to consider implications for their business and customers, including putting in place measures to ensure their financial contracts can continue after March 2019.

  • December 12, 2018

    Shippers Lose Bid To Revive Insurance Arbitration Challenge

    A British judge said Wednesday that he would not revive a $500,000 arbitration dispute over Thomas Miller Specialty Underwriting Agency Ltd.'s refusal to indemnify two shipping companies for a sunken cargo of junk cars, rejecting a bid to appeal the case and expressing shock that the parties ran up almost $200,000 in attorneys' fees.

  • December 12, 2018

    EU-Japan Trade Pact Set To Take Effect In February

    The bilateral trade agreement between Japan and the European Union will take effect in February following its ratification by lawmakers Wednesday, effectively creating the largest free trade zone ever implemented by a regional trade accord.

Expert Analysis

  • From Russia With New Evidentiary Rules

    Thomas McCall

    The International Bar Association's Rules on the Taking of Evidence in International Arbitration have been hugely successful in bridging the gap between parties from different legal cultures. Now the IBA rules face their first major challenge from the Prague Rules, which are due to be published in December and supported by the Russian Arbitration Association, say attorneys at Womble Bond Dickinson.

  • How USMCA Limits Protections For US Investors In Mexico

    Carlos Vejar

    The United States-Mexico-Canada Agreement offers a more limited investor-state dispute settlement system than the North American Free Trade Agreement. But U.S. investors are fortunate that the ISDS provisions were not scrapped altogether, say Carlos Vejar and Laura Yvonne Zielinski of Holland & Knight LLP.

  • Ensure That Dispute Resolution Mechanisms Are Brexit-Proof

    Claire Stockford

    With only five months remaining for the U.K. to make a deal with the EU and the possibility of a "no-deal" Brexit looking increasingly plausible, now is the time to take proactive steps to protect your clients’ positions and to make sure that their contracts are effective and enforceable, say Claire Stockford and Caitlin McLean of Shepherd & Wedderburn LLP.

  • Roundup

    Trade Wars

    Trumps Trade Wars Logo 03.jpg

    This special series examines the legal, strategic and economic dimensions of the Trump administration's trade agenda, and assesses what the recent shifts in U.S. trade policy may mean for the country and for the established system of international commerce.

  • Series

    Trade Wars: Restricting Foreign Access To US Technology

    Hdeel Abdelhady

    The tech industry is now at the center of policies designed to protect U.S. technology from foreign access and influence — including not only restrictions on foreign investment, but also supply chain exclusions, limits on academic research, curbs on third-country technology transfers and measures against foreign control of key raw materials, says Hdeel Abdelhady of MassPoint Legal and Strategy Advisory PLLC.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • Series

    Trade Wars: Top 10 Trump Trends

    Charles Skuba

    The inner workings of the Trump economics and trade team remain foggy, but the administration's trade strategy can be discerned from the public statements of the president and his advisers. Unpredictability, mercantilism, bilateralism and a willingness to accept collateral damage are among the most important patterns, says Charles Skuba of Georgetown University’s McDonough School of Business.

  • Series

    Trade Wars: Tariffs Threaten To Outweigh Tax Reform Gains

    Erica York

    In the next installment of this series examining the dimensions of the Trump administration's trade agenda, Erica York of the Tax Foundation discusses how the economic harm caused by tariffs could slow or offset the economic and employment benefits of tax reform.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Series

    Trade Wars: When Trade And National Security Converge

    Mario Mancuso

    Increasing tariffs, new scrutiny of foreign investments in U.S. companies, and export controls over “emerging and foundational” technology are part of a Trump administration strategy to advance national security objectives using economic tools. These measures are ushering in a new era of trade restrictions, say attorneys with Kirkland & Ellis LLP.