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International Arbitration

  • July 11, 2018

    What Civil Rights Rulings Could Look Like Under Kavanaugh

    U.S. Supreme Court nominee Brett Kavanaugh's record on immigration, employee rights and health care suggests he could side more closely with high court conservatives than civil rights advocates would like, paving the way for closely watched rulings on some of the nation's most controversial issues.

  • July 11, 2018

    Nonprofit Can't Access EU Investment Arbitration Docs

    A European Union court on Wednesday shut down an effort by an environmental law nonprofit to force the European Commission to release documents relating to the compatibility of investment arbitration and the investment court system with EU law, agreeing with the commission that doing so could weaken its negotiating position.

  • July 11, 2018

    New International Arbitration Centers To Open In LA, NY

    Arbitration and mediation provider JAMS is set to open international arbitration centers in Los Angeles and New York, anticipating growth in California-based arbitration thanks to the likely passage of a law aimed at making the Golden State a favored arbitration venue, the organization said in an announcement.

  • July 11, 2018

    WTO China Review Turns Ugly As More US Tariffs Loom

    A World Trade Organization review of China’s trade regime gave way to a contentious scrap in Geneva on Wednesday as the Asian giant swapped blows with the United States over the Trump administration’s decision a day earlier to target $200 billion worth of Chinese exports with additional duties.

  • July 10, 2018

    'Not A Complicated Case': Kavanaugh's Straightforward Style

    There's no argle-bargle in Judge Brett Kavanaugh's opinions. Instead, he's made a name for himself on the D.C. Circuit with clear, concise writing.

  • July 10, 2018

    Miami-Dade Wants Suit Over $1.2B Marlins Sale In State Court

    Miami-Dade County and the city of Miami urged a Florida federal court on Tuesday to move their suit against the Miami Marlins over the team’s $1.2 billion sale back to state court, arguing that the team can’t bring the dispute and the parties’ arbitration agreement under federal jurisdiction just because one of the members of the buyer’s group is a foreign citizen.

  • July 10, 2018

    Nix Doc Bid In $507M Award Row, Kazakh Bank Tells 1st Circ.

    Kazakhstan's national bank urged the First Circuit to reject a bid by two Moldovan oil and gas investors to pin down evidence to use abroad as they look to enforce a more than $506.7 million arbitral award against Kazakhstan, saying the petition is an attempted end-run around problematic English litigation.

  • July 10, 2018

    Dems Need Unified Front To Combat Trump's High Court Pick

    U.S. Senate Democrats have launched their drive to block President Donald Trump's choice of D.C. Circuit Judge Brett Kavanaugh for the U.S. Supreme Court, but the math indicates they must make sure their party ranks hold together.

  • July 10, 2018

    5 Tips For Kavanaugh As Confirmation Gets Underway

    D.C. Circuit Judge Brett Kavanaugh, President Donald Trump's nominee to replace retiring Justice Anthony Kennedy on the U.S. Supreme Court, has publicly shared his view that being a judge means following the law — not making it — being impartial and not acting like a jerk. Here, experts share with Law360 five tips for how he can adhere to that philosophy while navigating confirmation hearings.

  • July 10, 2018

    Switzerland Fires Rare WTO Salvo Against US Metal Tariffs

    The Trump administration’s contentious duties on steel and aluminum prompted a rare World Trade Organization challenge from Switzerland on Tuesday, marking just the fifth time the Central European country has filed a case in the 23-year history of the WTO.

  • July 10, 2018

    Vantage Wants Petrobras To Post Bond In $622M Award Row

    Vantage Deepwater Co. urged a Texas federal court Monday to order Petrobras to post security on a $622 million arbitral award it secured against the Brazilian company in a dispute over the early termination of a Gulf of Mexico drilling deal, saying it is concerned Petrobras will attempt to avoid payment.

  • July 10, 2018

    With Kavanaugh's Nomination, Chevron's Future Looking Grim

    Confirmation of President Donald Trump’s nominee to the U.S. Supreme Court, D.C. Circuit jurist and conservative all-star Brett Kavanaugh, would spell further trouble for federal agencies and so-called Chevron deference, but experts predict that the pro-regulation judicial doctrine is unlikely to be overturned completely in the near future.

  • July 10, 2018

    Construction Co. Can't Escape $8.5M Award To Afghan Builder

    The D.C. Circuit on Tuesday enforced an $8.5 million arbitral award issued to an Afghan builder that assisted in U.S. efforts to construct a power plant in Kabul, rejecting an American construction firm's argument that the award improperly flouted limitations established by a previous tribunal.

  • July 9, 2018

    How Kavanaugh’s Conservative Cred, DC Ties Won The Day

    In D.C. Circuit Judge Brett Kavanaugh, President Donald Trump turned to a U.S. Supreme Court nominee who built a reputation on the court for fighting government overreach — making him the favorite of the Republican legal establishment.

  • July 9, 2018

    Senate Battle Lines Drawn With Kavanaugh As Trump's Pick

    President Donald Trump’s announcement of D.C. Circuit Judge Brett Kavanaugh to replace retiring Supreme Court Justice Anthony Kennedy on Monday night quickly generated strong reactions across Capitol Hill as senators on both sides of the partisan divide braced for a battle over the future of the Supreme Court.

  • July 9, 2018

    5 Kavanaugh Opinions You Need To Read Right Now

    President Donald Trump called Judge Brett Kavanaugh a "judge's judge" when he named him Monday as his pick to succeed retiring U.S. Supreme Court Justice Anthony Kennedy. As all eyes turn to the Senate for what is expected to be a bruising confirmation process, here are the opinions to know.

  • July 9, 2018

    Trump Picks Brett Kavanaugh For Supreme Court

    President Donald Trump on Monday nominated Judge Brett Kavanaugh, a 12-year veteran of the D.C. Circuit, to replace Justice Anthony Kennedy on the U.S. Supreme Court.

  • July 9, 2018

    Hyatt Developer Can't Get €7.4M Award Nixed In Singapore

    A Singapore judge dismissed a bid by the developer of what was to be the first Hyatt-branded hotel in Sri Lanka to set aside a €7.4 million ($8.72 million) arbitral award issued to Italian luxury furnishing company Interna Contract SpA, ruling that the award is valid.

  • July 9, 2018

    Printing Co. Says Arbitrator 'Refused To Follow' Texas Law

    Wholesale print manufacturer Ennis Inc. has urged a Texas federal court to vacate a nearly $2 million arbitration award secured by a subsidiary of Canadian apparel maker Gildan Activewear Inc. in a severance payment dispute, saying a Delaware arbitrator "refused to follow" Texas law.

  • July 9, 2018

    ConocoPhillips Says Venezuela Oil Co. Is Evading $2B Award

    Two ConocoPhillips subsidiaries looking to enforce a $2 billion arbitral award sued Venezuela's state-owned oil company in New York federal court, accusing it of trying to prevent them from laying claim to billions of dollars the state-owned company says it's owed as the result of an alleged bribery scheme.

Expert Analysis

  • Equity Partnership Isn’t What It Used To Be

    Jeff Liebster

    To many young attorneys, becoming an equity partner shows a firm's long-term commitment, meaning job security and a voice in important firm matters. However, the industry has changed and nowadays it may not be better to enter a new firm as an equity partner, says Jeffrey Liebster of Major Lindsey & Africa.

  • Series

    Judging A Book: Hardiman Reviews 'Without Precedent'

    Judge Thomas Hardiman

    In his new book, "Without Precedent: Chief Justice John Marshall and His Times," professor Joel Richard Paul ably explains more than a dozen of Marshall’s most significant opinions, which comes as no surprise​. ​What is a surprise — a pleasant one — is the book's readability, says Judge Thomas Hardiman of the Third Circuit.

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For law firms structured as corporations, a lower maximum corporate tax rate and repeal of the corporate alternative minimum tax are good news. But many law firms are pass-through entities, so deduction limitations mean they'll see less benefit from the new tax law, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • The Case For Early Mediation Or Arbitration In IP Disputes

    Jerry Cohen

    Alternative dispute resolution is one of the best ways to resolve disputes involving patents, copyright, trademark, trade secrets and other intellectual property issues. While not every situation lends itself to ADR, it is more accessible than many parties assume, says Jerry Cohen of Burns & Levinson LLP.

  • International Arbitration In 2018: A Year Of Rule Revisions

    Neil Newing

    Though still in its relative infancy, 2018 is shaping up to be a year of arbitral institution rule updates. Neil Newing and Ryan Cable of Signature Litigation LLP explore some of the more innovative and trending rule changes expected or predicted this year.

  • Thorny Questions For IP Rights Under Investment Treaties

    Claudia Annacker

    The recent ruling in Bridgestone Licensing Services v. Republic of Panama by an ICSID tribunal has implications for owners and licensees of IP rights, particularly with respect to the protections they can expect for their trademarks under investment treaties, according to attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.