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International Arbitration

  • November 6, 2018

    Dems Pump Brakes On Trump Agenda With House Win

    Democrats won back the House on Tuesday night and with it divided the chambers of Congress, putting them in position to step up investigations into President Donald Trump’s presidential campaign and to run interference on his conservative agenda.

  • November 6, 2018

    Senate Republican Win Cements Trump's Judicial Makeover

    With Senate Republicans returning from a slew of victories at the ballot box, Majority Leader Mitch McConnell looks to continue a two-year project to remake the federal courts by confirming waves of conservative judges to the bench.

  • November 6, 2018

    Voting Machine Critics Tout Low-Tech Fix For Hacking Fears

    Russia’s meddling in the 2016 presidential election pushed U.S. voting security into the spotlight, leaving officials scrambling to shore up the infrastructure before midterms. But efforts remained uneven two years later, with a number of states on Tuesday shirking the surprisingly low-tech fix touted by election-integrity experts: paper ballots.

  • November 6, 2018

    Countries Urge Investor-State Dispute Settlement Reform

    About 90 countries reviewing investor-state dispute settlements for the United Nations’ core international trade law body concluded Tuesday that reforms are essential to improve settlements following complaints about funding and neutrality in recent years and a growing outcry for greater transparency.

  • November 6, 2018

    Chinese Agents Can't Escape $1.5B Satellite Row, Judge Told

    A Dutch telecom firm has urged a Delaware federal judge not to toss its $1.5 billion lawsuit against two individuals accused of being involved in the Hong Kong subsidiary of a Chinese state-owned asset management company’s scheme to steal its designs to launch a satellite that would deliver high-speed internet to parts of Africa.

  • November 6, 2018

    Canadian Court Won't Pause Cos.' Coverage Row With Chubb

    A Canadian court declined to stay a suit from an automation solutions provider and its Thai subsidiary seeking $15 million in coverage from Chubb Insurance for a potential arbitration they may face in India, finding the insurer would be prejudiced by waiting on the outcome of a possible proceeding it wouldn’t be a party to.

  • November 6, 2018

    Shook Hardy Adds Ex-Jones Day Int'l Arbitration Pro In Miami

    Shook Hardy & Bacon LLP has hired a former Jones Day global disputes partner to preside over its growing international arbitration practice group in the Miami office as the law firm focuses greater attention on matters in Latin America.

  • November 6, 2018

    Chinese Premier Says Beijing Is Open To WTO Reforms

    Chinese Premier Li Keqiang on Tuesday said his government will support efforts to reform the World Trade Organization, further fueling high-level discussions over the future of the Geneva-based trade body.

  • November 5, 2018

    PE Firm Says Co. Can't Pay $6.4M Award, Pulls Request

    A private equity firm has given up its fight in New York federal court to confirm a $6.4 million costs award issued after a tribunal rejected a Mauritius investment company's breach of contract allegations, saying that the latter company doesn't have the money to pay up.

  • November 5, 2018

    Union Leaders Say NAFTA Update Could Hurt Auto Workers

    A committee of union leaders has voiced concerns to the U.S. Trade Representative that the renegotiated trade deal between the U.S., Canada and Mexico does not go far enough to protect the American auto industry, taking issue in a letter published Monday with several provisions in the agreement that the committee says will result in lower wages for U.S. workers.

  • November 5, 2018

    Ex-Fintech Fund CEO To Testify In $40M Investment Row

    A California federal judge on Monday approved a stipulation that will see the former CEO of a financial technology fund testify in an arbitration proceeding the fund launched against an Indian tech company over a disputed $40 million partnership agreement, with the parties reaching an agreement to have him testify via video.

  • November 5, 2018

    Indian Oil Co. Must Pay $4.1M In Dispute With Oilex

    An Indian oil company must fork over 30 crores rupees ($4.1 million), a Gujarat court ordered, as the company heads into international arbitration proceedings with Australian company Oilex Ltd. over a joint oil exploration project in the Cambay Basin, Oilex said Monday.

  • November 5, 2018

    15 Minutes With The American Arbitration Association's GC

    As general counsel, Eric Tuchmann manages the legal affairs of the American Arbitration Association, including litigation-related matters involving the organization and its arbitrators, and he drafts amicus curiae briefs submitted on its behalf. Here, he shares with Law360 the most rewarding aspect of his 22-year career at the AAA and the project he’s looking forward to in the next year.

  • November 2, 2018

    Pharmacy Co. Slams EHealthline’s Bid To Pause $3.5M Award

    A Maylasian pharmacy company has urged a California federal court not to pause an order confirming a $3.49 million arbitral award it won against EHealthline.com over a failed project to build a pharmaceutical manufacturing facility in Saudi Arabia, calling the software company's bid “the latest episode in a now-familiar pattern of behavior.”

  • November 2, 2018

    Renewed Sanctions Say 'Keep Out' To Energy Cos. Eyeing Iran

    Companies that dipped their toes back into the Iranian energy sector in 2016 when the U.S. lifted sanctions after brokering an international nuclear deal are now having second thoughts, if not already scurrying for the exits, with the Trump administration set to reimpose sanctions on Monday. Here, attorneys outline several risks energy companies must grapple with now that the sanctions are back in place.

  • November 2, 2018

    Nigeria's Immunity Appeal Of $9B Award Allowed By Judge

    A D.C. federal judge has allowed Nigeria’s appeal to proceed despite opposition from an engineering company seeking to confirm a roughly $9 billion award, saying it is not frivolous to ask if the court must determine whether the country has immunity under the Foreign Sovereign Immunities Act before looking at the merits of the petition.

  • November 2, 2018

    Ericsson Says IP's Value Should Match Phones In HTC Row

    Royalties for Ericsson Inc.’s network patents should be aligned with the cost of the mobile phones that use the technology, not the chips inside them, the Swedish telecom company has told a Texas federal court in a patent dispute with HTC America Inc.

  • November 2, 2018

    Co. Fights To Get Fintech Fund CEO On Stand In $40M Row

    An Indian tech company has asked a California federal judge to force the former CEO of a fintech fund to testify in a separate arbitration proceeding related to the companies' disputed $40 million partnership agreement, saying the executive has not turned up to trial and hasn't said when he'll return to the United States. 

  • November 1, 2018

    Farm Group Says Tariff Turmoil Undercuts New NAFTA’s Perks

    The newly minted replacement for the North American Free Trade Agreement will deliver “modest” benefits for the nation’s farmers but stands to be largely undermined by the Trump administration’s tariffs and the retaliatory duties they’ve prompted from trade partners, an agricultural policy group said in a study published Wednesday.

  • November 1, 2018

    Donziger Slams Chevron Contempt Bid In $9.5B Ecuador Case

    Attorney Steven Donziger railed against Chevron Corp.’s motion to hold him in contempt for allegedly defying a judge’s injunction against his profiting from a $9.5 billion settlement in a case in Ecuador, saying the company was “entirely unhinged” and engaging in a campaign to “demonize” him.

Expert Analysis

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 8 Ways ICSID Proposal Would Change Arbitration

    Sarah Reynolds

    The International Center for Settlement of Investment Disputes recently proposed extensive rule revisions. These updates come at a troubling time for investor-state arbitration, which faces increasing backlash from nongovernmental organizations and criticism from populist politicians, say attorneys with Mayer Brown LLP.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • California Opens The Door To International Arbitration

    Sarah Reynolds

    Last month, California passed a law clarifying that lawyers who are not members of the state bar may appear in international arbitrations seated in California without local counsel. As a result, San Francisco and Los Angeles will likely see an increase in international arbitrations — particularly given their access to the Pacific Rim and Latin America, say attorneys with Mayer Brown LLP.