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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.