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International Arbitration
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March 25, 2024
Hemp Co. Needs Atty Or It'll Lose Bid To Upend $3.9M Award
Cannabis company Neptune Wellness Solutions Inc. must replace its legal counsel, who quit after not getting paid, a federal judge in Manhattan has ordered, warning that failure to do so will result in the dismissal of its bid seeking to dodge a $3.9 million arbitration award.
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March 25, 2024
Justices Won't Review 11th Circ. $285M Arbitrator Bias Suit
The U.S. Supreme Court on Monday declined to review an Eleventh Circuit decision refusing to vacate $285 million in arbitral awards issued to the operator of the Panama Canal, a case that the petitioners said raised questions about the standard by which courts may nix awards over an arbitrator's "evident partiality."
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March 22, 2024
Telecom Shareholders Want Tribunal DQ'd Over 'Biased' Blog
The majority shareholders in a Latin American telecommunications tower operator are urging a New York court to reconsider its bid to disqualify the entire tribunal overseeing an arbitration over an alleged corporate coup, saying a blog run by one of the arbiters shows proof of bias.
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March 22, 2024
Google Can Arbitrate Collusion Claims While Apple Beats Suit
For the second time, a California federal judge has forced into arbitration antitrust claims brought by a Golden State crane operator training school accusing Google of paying off Apple to not develop its own search engine while dismissing the rest of the claims against both tech behemoths.
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March 22, 2024
5th Circ. Asked For Do-Over In Hurricane Coverage Feud
The owners of a New Orleans apartment complex urged the Fifth Circuit to rethink ordering them to arbitrate Hurricane Ida damage claims under New York law, arguing New York's choice-of-law clause would ordinarily be unenforceable under Louisiana law if it weren't couched within the arbitration provision.
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March 22, 2024
Ex-Mishcon De Reya Atty Talks Switching To Litigation Finance
After 20 years in private practice, and a summer holiday in the wake of a mammoth $11 billion arbitration case, former Mishcon de Reya LLP partner Zachary Segal made the switch to a litigation finance firm where the commercial arbitration lawyer is eyeing opportunities in emerging markets.
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March 22, 2024
Commerce Lifts Block On Transnational Subsidy Probes
The U.S. Department of Commerce erased a nearly 40-year-old regulation on Friday so it can impose countervailing duties on subsidies China provides its trade partners, despite opposition from foreign governments that the move would conflict with World Trade Organization obligations.
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March 22, 2024
Top Dutch Court Blocks Russia's Last Bid For Vodka TMs
Former Yukos Oil Co. shareholders said Friday that the Netherlands' top court has thrown out Russia's final bid to stop their seizure of over a dozen renowned Russian vodka trademarks in an effort to enforce $50 billion in arbitral awards.
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March 21, 2024
Panama Seeks To Enforce $4.8M Arbitration Award
Panama urged a Florida federal court on Thursday to enforce a $4.8 million arbitral award against a Miami businessman and his construction firm following a dispute stemming from contracts to build hospitals, a municipal hall, a courthouse and other facilities.
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March 21, 2024
Canadian Energy Co. Seeks $140M In Tunisia Arbitrations
Energy production and development company Zenith Energy Ltd. has announced that it is pursuing several arbitrations against the Republic of Tunisia and its national oil company, saying the claims currently stand at approximately $141 million due to actions taken by the country's Ministry of Hydrocarbons.
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March 21, 2024
Sigma Lithium Says It Will Fight LG Energy Arbitration
Lithium producer Sigma Lithium Corp. said it plans to fight an arbitration initiation by battery-maker LG Energy Solution Ltd. before the American Arbitration Association's International Centre for Dispute Resolution.
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March 21, 2024
UpHealth Claims $110M Win In Glocal Control Fight
Global digital health company UpHealth Inc. says an arbitral panel has awarded it more than $110 million following a dispute that arose out of its subsidiary's acquisition of Glocal Healthcare Systems in 2020 — even as Glocal decried the award as "one-sided and perverse."
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March 20, 2024
Russian F1 Driver's EU Sanctions Over Oligarch Father Lifted
A Formula One racing driver and son of a Russian oligarch has won his fight to lift European Union sanctions, with a court ruling Wednesday there was insufficient evidence to prove that his business interests were benefiting from his fathers' wealth.
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March 20, 2024
Ex-Russian Minister Fails To Renew Bid To Jail Deripaska
The Court of Appeal dismissed on Wednesday an attempt by Vladimir Chernukhin, a former Russian minister, to have his ex-business associate Oleg Deripaska jailed for contempt of court, finding that a judge had been entitled to conclude the case had not met the criminal standard of proof.
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March 20, 2024
Russian Exec Argues Jailed Biz Partner Can't Escape Judgment
A Russian businessman has pressed a California federal court not to vacate a default entered against his former business partner as the businessman attempts to collect an award of more than $92 million, saying it "strains credulity" to believe that his ex-partner couldn't answer the litigation while jailed in France.
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March 20, 2024
Int'l Olympic Committee Rips Russia For Politicizing Sports
The International Olympic Committee has slammed Russia's newly created "Friendship Games" as a cynical ploy to politicize sports, saying that the Russian government's plan to host its own summer and winter games runs contrary to resolutions by the United Nations General Assembly.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 20, 2024
Paul Hastings Adds Longtime White & Case Arbitration Pro
Paul Hastings LLP announced Wednesday that it has recruited the longtime leader of White & Case LLP's Latin America arbitration practice to serve as global co-chair of its international arbitration practice.
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March 19, 2024
Healthcare Provider Says Optum Can't Duck Suit Or Arbitrate
An East San Gabriel Valley nonprofit healthcare system has urged a California federal judge not to toss, or force into arbitration, its antitrust suit accusing Optum Health of lying to patients as part of broader efforts to force the system out of the local primary care physicians market.
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March 19, 2024
Acorda Says Tribunal Ignored Patent Law In MS Drug Feud
Acorda Pharmaceuticals is pressing the Federal Circuit to award it nearly $66 million more than the $16.5 million it won in arbitration against Irish biopharmaceutical company Alkermes in a licensing fight over a multiple sclerosis drug, arguing that the tribunal disregarded clear patent law.
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March 19, 2024
2 Arbitration Bodies Donate $750K For Diversity Efforts
Two nonprofits focused on the alternative dispute resolution field — the American Arbitration Association-International Centre for Dispute Resolution Foundation and the JAMS Foundation — jointly announced on Monday a $750,000 grant to support efforts to increase diversity among arbitrators and mediators.
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March 18, 2024
Investors Seek Arbitration In Panama Port Fight
A group of companies and individuals invested in a port project near the Panama Canal's Atlantic Ocean entrance has asked a Delaware federal court to order arbitration in a Hong Kong company's case claiming its interest in the project is being stolen.
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March 18, 2024
Indian Potato Cos. Can't Get $4.4M Award OK'd In NJ
A New Jersey federal judge has refused to enforce a $4.4 million arbitral award stemming from an ill-fated joint venture to develop a potato-processing production line, ruling that Indian affiliates of Idaho-based agribusiness J.R. Simplot Co. haven't shown his court has jurisdiction in the dispute.
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March 18, 2024
Subway Franchise Fight Order Can't Be Nixed, Court Hears
A company that helps to develop and service Subway restaurants in western Canada is urging a New York court not to vacate an arbitrator's order requiring the sub shop's Canadian franchisor to continue making payments on their pact while they arbitrate a contractual feud.
Expert Analysis
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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Cos. Must Monitor Sanctions Regime As Law Remains Unclear
While recent U.K. government guidance and an English High Court's decision in Litasco v. Der Mond Oil, finding that a company is sanctioned when a designated individual is exercising control over it, both address sanctions control issues, disarray in the law remains, highlighting that practitioners should keep reviewing their exposure to the sanctions regime, say lawyers at K&L Gates.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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What 3rd Circ. Gets Wrong About Arbitration Enforcement
The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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UK Compulsory Mediation Ruling Still Leaves Courts Leeway
An English Court of Appeal recently issued a landmark decision in Churchill v. Merthyr Tydfil County, stating that courts can compel parties to engage in alternative dispute resolution, but the decision does not dictate how courts should exercise this power, which litigants will likely welcome, say lawyers at Herbert Smith.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Russia Ruling Shows UK's Robust Jurisdiction Approach
An English High Court's recent decision to grant an anti-suit injunction in the Russia-related dispute Renaissance Securities v. Chlodwig Enterprises clearly illustrates that obtaining an injunction will likely be more straightforward when the seat is in England compared to when it is abroad, say lawyers at Linklaters.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.