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International Arbitration

  • August 31, 2018

    Tribunal To Mull If Ukraine's Russia Maritime Dispute Is OK

    An international tribunal will decide as an initial matter whether an arbitration in which Ukraine has accused Russia of stealing its energy and fisheries resources in the waters surrounding Crimea is actually a bid to affirm Ukraine's sovereignty over the disputed peninsula, according to a Friday announcement.

  • August 31, 2018

    Baseball Arbitration In Construction Can Be Good In A Pinch

    If the methods of resolving construction disputes played America’s national pastime, baseball-style arbitration might be rostered as a pinch runner. While it’s rarely seen and some aren’t sure it has any use at all, it can be used in lieu of slower processes such as arbitration and litigation and fans say it excels in the right situation.

  • August 30, 2018

    Adocia Arbitration Claim Against Eli Lilly Climbs To $1.8B

    French biopharmaceutical company Adocia SA and Eli Lilly & Co. have stepped up their arbitral clash over the U.S. drugmaker's alleged misappropriation of confidential information, with Adocia increasing its damage demand to $1.8 billion and Lilly counterclaiming for $188 million, according to a Thursday statement.

  • August 30, 2018

    GE Unit's Arbitration Bid Nixed In $45M Steel Plant Row

    The Eleventh Circuit on Thursday reversed an order forcing an Alabama steel plant owner to arbitrate its dispute with a French unit of General Electric Co. for supplying allegedly faulty motors, concluding that there was no written arbitration agreement between them.

  • August 30, 2018

    Brazilian VW Dealers Want $2.5M Award Confirmed

    Brazilian Volkswagen distributors sued The Reynolds and Reynolds Co. in Ohio federal court Wednesday, seeking confirmation of an approximately $2.5 million arbitration award issued in a dispute over an allegedly malfunctioning electronic data processing software made by the American company.

  • August 30, 2018

    Mexico, US Investors Clash Over $100M Gambling Biz Claim

    U.S. investors and Mexico have clashed over the country's alleged destruction of a $100 million gambling business, with each party trading briefs sparring over whether investors failed to signal their intent to arbitrate or if the country's jurisdictional objections are just an overly technical "magical, written incantation."

  • August 30, 2018

    Singapore Chambers Nabs Baker McKenzie Arbitration Head

    Essex Court Chambers Duxton in Singapore has snapped up the former head of Baker McKenzie Wong & Leow's international arbitration practice, an experienced attorney and university lecturer with a background in maritime law, international trade and insurance.

  • August 29, 2018

    Venezuela Probing Co.'s Oil Shipment To US, Suit Says

    A pair of oil industry suppliers sued commodities trading firm Castleton Commodities International in West Virginia federal court this week seeking information on a shipment of oil from Venezuela to the United States that they claim is under criminal investigation by the country's authorities.

  • August 29, 2018

    Trade Disputes Mechanism To Dominate Canada’s NAFTA Talks

    As Canada scrambles to be included in trade talks for the updated North American Free Trade Agreement before a Friday deadline, efforts to save a controversial provision the country considers "essential" to fairly resolving trade disputes have already outweighed any concern over a more limited investor-state arbitration mechanism, experts say.

  • August 29, 2018

    Riding Into The Sunset: US Threads Needle On NAFTA Expiry

    Among the bombshells in the Trump administration’s handshake deal with Mexico to reshape the North American Free Trade Agreement was the revelation that it had ditched its controversial proposal to quickly "sunset" the accord in favor of a more even-handed system for reviewing it.

  • August 29, 2018

    US Lodges WTO Case Against Russia For Retaliatory Duties

    The Trump administration on Wednesday filed a World Trade Organization complaint against Russia for retaliatory tariffs it has placed on U.S. imports in response to the White House's national security tariffs on steel and aluminum.

  • August 29, 2018

    Colombia Can't Bifurcate Metals Co.'s $764M Gold Mine Row

    World Bank arbitrators have refused to consider whether they have jurisdiction to hear a Canadian precious metals company's $764 million claim against Colombia before deciding whether the country's environmental restrictions expropriated the company's investment in a silver and gold deposit, saying the issues are too intertwined to separate. 

  • August 29, 2018

    African Miner Denies Lender's Counterclaim In $65M Loan Suit

    An African-focused mining company suing Brazilian investment bank Banco BTG Pactual SA at the High Court in London has rejected the lender’s counterclaim for around $1.1 million in costs it says it has racked up trying to enforce payment of $65.4 million in debts from Pan African Minerals Ltd.

  • August 28, 2018

    Vantage Freezes Petrobras' Dutch Assets For $622M Award

    A Dutch court has allowed Vantage Deepwater Co. to freeze assets belonging to Petrobras to secure a more than $622 million arbitral award the Texas driller won after the Brazilian oil company prematurely terminated an eight-year drilling contract, according to documents filed in Texas federal court.

  • August 28, 2018

    Shook Hardy Picks Up International Arbitration Atty In Miami

    Shook Hardy & Bacon LLP announced Tuesday that it has added a multilingual international arbitration expert to its Miami office, where he will bring his expertise in resolving disputes in the construction, energy, infrastructure and hospitality industries.

  • August 28, 2018

    US Defends Iran Sanctions Before International Court

    The United States on Tuesday pushed back on Iran's call to lift reimposed sanctions, telling the International Court of Justice that it was legal to scrap the Obama-era nuclear deal under exemptions for national security reasons.

  • August 28, 2018

    Ukraine Challenges WTO Over Russian Railroad Row

    Ukraine has appealed the World Trade Organization's decision to strike down several claims against Russia over its restriction of railway equipment shipments that's squeezing Kiev's access to Central Asian markets, according to the WTO.

  • August 28, 2018

    Nigerian Oil Co. Told Not To Block $66M UK Insurance Suit

    The High Court in London has warned bosses at a Nigerian energy company that they risk being sent to prison if they attempt to thwart a $66.5-million claim being brought against them by a Chinese credit insurer by filing suit in Nigeria.

  • August 28, 2018

    K&L Gates Gets OK To Combine Singapore Office, Local Firm

    Regulators have signed off on a proposed combination of Singapore firm Straits Law Practice LLC and K&L Gates LLP’s office in the city-state, opening the door for the consolidation to take effect at the beginning of 2019, according to a recent joint announcement.

  • August 27, 2018

    Arnold & Porter Hires Veteran Diplomat For Law, Policy Group

    Arnold & Porter has added a senior international policy adviser to its Washington, D.C., office who previously served as undersecretary of state for political affairs and as an ambassador to Brazil, the firm has announced.

Expert Analysis

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • 4 Tips For Drafting A Strong Arbitration Agreement

    Zela Claiborne

    When counsel finish negotiating and memorializing a business deal, there may be little attention paid to crafting a dispute resolution provision for disputes that may never arise. However, it's important to take the time to craft a straightforward clause that will serve the parties well even when a complex dispute arises years later, says Zela Claiborne of JAMS.

  • Arbitration Jujitsu: 'Sealed Settlement Offers' Add Leverage

    Gilbert A. Samberg

    When negotiating a settlement before incurring the costs of arbitration, counsel may leverage the weight of anticipated arbitration costs by means of a "sealed settlement offer" — thereby putting additional pressure on a counterparty to be realistic in calculating the settlement value, says Mintz Levin member Gilbert Samberg.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Energy Firms Face NAFTA Investor-State Dispute Revamp

    Rachael Kent

    The North American Free Trade Agreement's Investor-State Dispute Settlement provision has helped the U.S. domestic energy industry protect its cross-border investments. But the Trump administration has indicated a desire to eliminate the ISDS provision. Energy firms must stay aware of the dynamics of NAFTA renegotiation — and consider how a post-ISDS world would affect their business, say attorneys with WilmerHale.

  • A Proposed Approach For High Court In Vitamin C Case

    Michael Kimberly

    It is safe to expect a narrow ruling from the U.S. Supreme Court in Animal Science v. Hebei, instructing lower courts not to give conclusive deference to foreign sovereigns’ legal submissions. But it would be more sensible to instruct U.S. courts to assess whether these submissions are entitled to any deference in their country of origin and, if so, to give them that deference, say Michael Kimberly and Matthew Waring of Mayer Brown LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.