International Arbitration

  • October 26, 2017

    Academics Line Up To Sink NAFTA's Investment Arbitration

    More than 200 economics and legal professors called on President Donald Trump to strip the investment arbitration system from the North American Free Trade Agreement on Wednesday, continuing their long-running assault on the controversial provision.

  • October 26, 2017

    Litigation Not An Option In Contract Spat, Pump Maker Says

    A specialty pumping equipment maker has moved to compel arbitration of contract claims brought by water-resource construction company Layne Heavy Civil Inc., telling a Texas federal judge that the negotiations that shaped their agreement show they intended to allow disputes to go to mediation and, if those efforts failed, to require arbitration.

  • October 26, 2017

    Pillsbury Lures 2 Arbitration Pros From Norton Rose In UK

    Pillsbury Winthrop Shaw Pittman has nabbed two international arbitration pros with backgrounds in Middle Eastern energy and construction projects from Norton Rose Fulbright, bolstering the firm's’ dispute resolution practice in its London office.

  • October 26, 2017

    WTO Upholds Revamped US 'Dolphin-Safe' Tuna Label Regs

    A World Trade Organization panel gave its blessing to revised U.S. “dolphin-safe” tuna labeling regulations Thursday, finding that even though the labels run afoul of certain WTO principles, they are justified as a legitimate conservation effort.

  • October 25, 2017

    Yacht Broker Can't Get Singapore Court To Nix Arbitral Award

    Singapore's highest court has affirmed a judgment refusing to set aside an arbitral award against a Singapore yacht broker following a dispute over a yacht that was damaged during delivery, in a decision that scolded the broker's counsel.

  • October 25, 2017

    Lifetree Urges NY Court Not To Pause $90M Contract Fight

    Lifetree Trading Pte. Ltd. urged a New York federal court Tuesday to keep its suit accusing Washakie Renewable Energy LLC of breaching a $90 million biofuel purchasing contract going while that company appeals an order denying its bid to arbitrate, arguing Washakie hasn’t shown it’s likely to prevail.

  • October 25, 2017

    UK Justices Say $9M Award Winner Can Access Iraqi Oil Debt

    The U.K. Supreme Court ruled Wednesday in favor of a Swiss oil trader trying to collect an $8.7 million arbitral award from a division of Iraq's oil ministry, allowing the company access to certain debt owned by the Iraqi entity in a ruling that overturns long-established precedent.

  • October 25, 2017

    Major Wine Exporters To Observe Canada-US WTO Battle

    Canada has accepted requests by the European Union, Argentina, Australia and New Zealand to formally observe a dispute brought by the United States over its northern neighbor’s purported restrictions on foreign wine reaching its grocery stores, the World Trade Organization said Wednesday.

  • October 25, 2017

    Kazakhstan Lost Appeal In $506M Award Row, Investors Say

    Two Moldovan oil and gas investors trying to collect a $506 million arbitral award against Kazakhstan told a D.C. federal court on Tuesday that the country has lost its latest appeal challenging the award after a Swedish court denied a review request.

  • October 24, 2017

    Injured Ship's Cook Says Employer Should Pay For Arbitration

    A former ship's cook injured while in a Florida port told a federal judge Monday that recent Eleventh Circuit precedent says the judge should reopen the cook's lawsuit and order the ship's owner to cover the full cost of pending arbitration since he cannot cover his share.

  • October 24, 2017

    UN Arbitration Transparency Pact Still Faces Many Holdouts

    Despite a widely held view that transparency is key to the legitimacy of investment arbitration, it's taken more than two years for a U.N. convention providing for more public arbitration proceedings to be ratified by just three nations. Here, Law360 takes a closer look at the Mauritius Convention and how it plays into the broader debate over investment arbitration.

  • October 24, 2017

    5th Circ. Urged To Send $400M Petrobras Suit To Arbitration

    A Spanish manufacturer Tuesday told the Fifth Circuit a Texas federal judge's decision not to freeze a $400 million suit brought by Petrobras America Inc. and its insurers for arbitration was an error, saying the oil company can’t prove its claims without referring to contracts with arbitration clauses.

  • October 24, 2017

    Ex-Yukos Investors Can't Mail Subpoenas In Russia Tax Row

    Former Yukos Energy Co. shareholders trying to revive $50 billion in arbitral awards must serve in person a lawyer who is believed to have helped Russia manipulate Armenian courts into issuing certain rulings that influenced related Dutch proceedings, a California federal judge said on Monday, finding a magistrate made no mistake in denying the shareholders’ request to do so by other means.

  • October 24, 2017

    Lewis Baach Adds International Arbitration Pro In NY

    Lewis Baach Kaufmann Middlemiss PLLC has snagged the former senior vice president and general counsel for U.K.-based international litigation finance company TheJudge, strengthening the litigation boutique's New York offerings with her experience handling arbitration and litigation with a focus on Latin America.

  • October 23, 2017

    Phelps Dunbar Wants Lloyd's Malpractice Suit Sent To London

    Phelps Dunbar LLP told a California federal judge on Monday that a malpractice suit brought by a group of Lloyd's of London underwriters over an allegedly bungled $45 million lawsuit should be sent to arbitration in the United Kingdom, urging him to enforce an agreement from 2016 despite the lack of a physically signed copy.

  • October 23, 2017

    2nd Circ. Tosses Enforcement Of $250M Award On Romania

    The Second Circuit on Monday tossed two district court decisions confirming a $250 million arbitration award issued against Romania by the International Centre for Settlement of Investment Disputes to a group of Swedish companies, finding that the lower court lacked jurisdiction to confirm the awards.

  • October 23, 2017

    Ukraine Asks Russia’s Top Court To Bar $144M Tatneft Award

    Ukraine has asked Russia’s Supreme Court to bar enforcement of an investment treaty award now worth $144 million in favor of Russian oil company Tatneft, arguing that it never waived its immunity to enforcement as a sovereign nation even as the country contests enforcement of the award in at least three other jurisdictions.

  • October 23, 2017

    US Developer Seeks Fees In Award Fight With Israeli Co.

    A U.S. real estate developer urged a Georgia federal court on Friday to award it attorneys' fees incurred while fending off an Israeli real estate company's bid to undo an arbitral award, which the U.S. company won in a dispute stemming from an investor recruitment agreement.

  • October 23, 2017

    Kraft Wants To Arbitrate IP Row With Aussie Dairy Co.

    Kraft Foods Group Brands LLC urged a New York federal court on Friday to force Bega Cheese Ltd. to mediate or arbitrate their dispute relating to the Australian dairy company's alleged misuse of Kraft's special peanut butter jar design.

  • October 23, 2017

    WTO Dispute Roundup: Gulf Spat Churns, Appeals Rift Widens

    In Law360’s latest glimpse at the World Trade Organization’s Dispute Settlement Body, a bitter showdown over a commercial boycott in the Persian Gulf lurches forward while members fail to gain traction in their quest to resolve a quarrel over the filling of vacant Appellate Body seats.

Expert Analysis

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.

  • Weekly Column

    Innovating For Wise Juries: Closing Argument

    Stephen Susman

    In the final article in this series on proposed innovations to the American jury trial, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project sum up the improvements they believe the U.S. jury system desperately needs.

  • 5 Questions All AFAs Should Answer Clearly

    Gregory Lantier

    While no particular form is required to establish a durable alternative fee arrangement, there are terms that should, for the benefit of both client and outside attorney, be expressly set forth in the agreement itself, but are often overlooked, say attorneys with WilmerHale.

  • Cybersecurity Risks In The Courtroom

    Daniel Garrie

    As cybercriminals continue to look for easy targets, the court system will surely enter their crosshairs. If judges and court personnel do not maintain proper data security and cyber hygiene, confidential litigant information can fall into the hands of a wide variety of bad actors, say Daniel Garrie of JAMS, David Cass of IBM Cloud, Joey Johnson of Premise Health Inc. and Richard Rushing of Motorola Mobility LLC.

  • CIMLA And The Confusion Around Maritime Liens

    Brian Maloney

    Although the Commercial Instruments and Maritime Lien Act was enacted to clarify confusion regarding the rights and remedies of participants in the shipping industry, recent global insolvencies of entities such as O.W. Bunker and Hanjin have forced courts to reconsider the text, history and purpose of a seemingly straightforward federal statute, say Brian Maloney and Laura Miller of Seward & Kissel LLP.

  • A Reassuring 2nd Circ. Approach To Annulled Awards

    Jonathan Blackman

    In a controversial decision last year, the Second Circuit became one of the only U.S. courts ever to enforce an arbitral award annulled in the primary jurisdiction. The recent Thai-Lao Lignite ruling returns the court to a more deferential application of the standard, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Monthly Column

    Gray Matters: Clients Are Not Really 'Emotional'

    Gray Matters

    When you look at your client through the "survival circuit" lens, what first appeared as an emotional mess is now valuable information about what is important to them, what needs have to be met to settle the case, or what further clarity your client requires before moving forward, say dispute resolution experts Selina Shultz and Robert Creo.

  • 2nd Circ. Offers Insight On 'Class Arbitration' Questions

    Gilbert Samberg

    Beginning with its decision Monday in Jock v. Sterling Jewelers, which upset a lower court’s confirmation of an arbitrator’s “class certification award,” the Second Circuit has now begun to nibble at the question of whether “class arbitration” is ultimately viable, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Having A Chief Privacy Officer Reassures Your Firm's Clients

    Rita Heimes

    When a law firm appoints a chief privacy officer, not only does the firm benefit from the crucial operational impact of a well-managed privacy program, but clients see how seriously you take your duties of confidentiality and competence, says Rita Heimes, research director at the International Association of Privacy Professionals.

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.