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International Arbitration
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November 25, 2024
Uber Negligence Case Can Be Arbitrated, NY High Court Says
New York's highest court affirmed on Monday that a woman who was struck by a car upon exiting an Uber in Brooklyn must pursue her negligence claims in arbitration, after a divided panel upheld the rideshare company's "clickwrap" arbitration agreement.
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November 25, 2024
Greenberg Traurig Grows In Middle East With 2 From Clyde
Greenberg Traurig LLP said Monday that it is expanding its coverage in the Middle East with the addition of an international arbitration and litigation lawyer as well as a corporate lawyer with expertise in mergers and acquisitions, who were both hired away from Clyde & Co. LLP.
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November 25, 2024
Bugsby Denied Arbitration In Olympia Case Funding Battle
A real estate sponsor failed in its bid to arbitrate a dispute stemming from its attempt to buy London's Olympia Exhibition Center, when a London judge ruled Monday that its argument "falls far short."
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November 25, 2024
Justices Turn Away $10M Tanker Seizure Suit
The U.S. Supreme Court said Monday it will not review a petition asking it to resolve if courts are bound by "hard-and-fast" rules limiting their inquiry into whether a property can be seized to enforce a maritime debt, an issue the petitioner argued affected "fundamental principles of admiralty law."
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November 25, 2024
Justices Nix Petition Over $17M Bolívar Artifacts
The U.S. Supreme Court has turned away a Florida man's petition looking to revive his efforts to enforce a $17 million judgment against Venezuela, after he says the country lured him into turning over a collection of materials once belonging to South American Gen. Simón Bolívar.
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November 25, 2024
Justices Turn Away Suit Over Data Extraction Award
The U.S. Supreme Court declined on Monday to take up a petition asking it to resolve whether a court or an arbitrator should decide the preclusive effect of a prior judgment, in a case stemming from a soured data extraction services contract involving a mortgage industry data analytics firm.
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November 22, 2024
Disputes Firm Gaillard Banifatemi Heads To Cairo, Abu Dhabi
International arbitration firm Gaillard Banifatemi Shelbaya Disputes has opened offices in Cairo and Abu Dhabi, saying the firm will deepen its roots in the Middle East and North Africa following its 2021 founding by eight former Shearman & Sterling LLP arbitration partners.
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November 22, 2024
Jordanian Investor Promises Major Arbitration Against Egypt
A Jordanian investor in a partially Egyptian state-owned petroleum storage and ship refueling company said Friday he plans to make good on a notice of dispute he served on Egypt earlier this year, asserting he soon will seek several hundred millions of dollars in an international arbitration claim.
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November 22, 2024
Bulgaria Looks To Nix $61M Renewable Energy Award Suit
Bulgaria is urging a D.C. federal court to nix litigation filed by Maltese investor ACF Renewable Energy Ltd. to enforce a €61 million ($63.54 million) arbitral award it won following a dispute over a nixed tariff program, arguing that it never agreed to arbitrate with ACF.
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November 22, 2024
Malaysia Looks To Shore Up Counterattack Over $14.9B Award
Units of Malaysia's national energy company have kicked off new litigation in Delaware and New York, seeking additional information as they look to fight back against a massive $14.9 billion arbitral award issued in a territorial dispute stemming from a 19th-century land deal.
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November 21, 2024
Special Master Ordered To Turn Over Citgo Pact To Venezuela
A Delaware federal judge has ordered his court-appointed special master to give Venezuela an unredacted version of a stock purchase agreement in the upcoming auction of oil giant Citgo's parent company, ruling the document must be made available to the public as well as the republic.
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November 21, 2024
US Strikes At Last Of Russia's Major Non-Sanctioned Banks
The United States has now sanctioned all of Russia's major banks after freezing the assets of Gazprombank and its six foreign subsidiaries on Thursday for channeling military equipment purchases for Russia's ongoing war on Ukraine.
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November 21, 2024
Chinese Co. Says It Didn't Agree To Class Arb. In $100M Claim
An e-commerce company known as the Amazon of China is urging a New York federal court to nix an arbitral award allowing class arbitration of claims that the company grossly shortchanged minority shareholders when it went private in 2016, saying it never agreed to such a proceeding.
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November 28, 2024
Hogan Lovells Hires Disputes Pro From Dentons In Germany
Hogan Lovells has recruited a specialist in commercial and construction disputes from Dentons in Germany as it looks to expand its coverage of contentious matters, including in the area of environmental, social and governance.
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November 20, 2024
Musk, Ramaswamy Say High Court Rulings OK Federal Cuts
Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.
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November 20, 2024
Azerbaijan Files Energy Charter Treaty Claim Against Armenia
The government of Azerbaijan said it has filed new legal papers in its arbitration against the Republic of Armenia under the Energy Charter Treaty, claiming it seeks financial damages for Armenia's unlawful exploitation of Azerbaijan's renewable energy projects and sites.
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November 20, 2024
Canadian Court Revives Award In $7M Coffee Franchise Fight
An appeals court in Ontario has revived a CA$10 million ($7.1 million) arbitral award issued in a franchising dispute stemming from the expansion of an Israeli coffee bar chain into Canada, rejecting a lower court's conclusion that the arbitrator had breached his duty of disclosure.
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November 20, 2024
Cross-Border Sales Were Unlawful Monopoly, Feds Say
Prosecutors have urged a Texas federal judge to deny a dismissal bid from two people accused of using violence to monopolize cross-border sales of used cars, saying the individuals were not operating the lawful clerical service they claimed to be running.
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November 20, 2024
La. City Must Arbitrate Hurricane Ida Claims, Insurers Say
A group of foreign and domestic insurers pushed back against a New Orleans suburb's bid to vacate an order granting arbitration in a coverage dispute over Hurricane Ida damage, telling a Louisiana federal court that the city waived any arguments opposing arbitration.
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November 19, 2024
Finnish Sports Co. Fights NHL Agent's Bid To Ax $1.2M Suit
A Finnish sports talent corporation has slammed an NHL agent's bid in Massachusetts federal court to toss its lawsuit over $1.2 million in arbitration awards, saying he has systemically used shell companies to dodge collection of the judgments against him.
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November 19, 2024
Argentina Must Face $54M Sewage Award Suit, Judge Says
Argentina must face Webuild's lawsuit to enforce a more than $54 million arbitral award it won more than a decade ago in a dispute over a water and sewage service concession, after a Washington, D.C., federal judge rejected the country's argument that the Italian construction giant had missed a crucial deadline.
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November 19, 2024
Oil Refiner Not Obligated To Arbitrate Oil Sands Project Claims
A Canadian appeals court has determined that an Alberta oil refiner is not obligated to arbitrate its claims against subcontractors in a dispute that arose from allegedly defective steam generator modules intended for a steam-assisted gravity drainage oil sands project northeast of Fort McMurray, Alberta.
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November 19, 2024
Ukraine Claims Win In Chocolate Co. Investor's $100M Suit
Ukraine's Ministry of Justice said Tuesday it has won a $100 million international arbitration case brought by a Russian-American investor in a chocolate factory who claims he was subjected to a brutal arrest by Ukrainian authorities when they expropriated his business in 2017.
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November 19, 2024
Truck Insurance Must Arbitrate Asbestos Coverage Claims
Truck Insurance Exchange must arbitrate its dispute with a group of reinsurers over coverage for asbestos bodily injury claims filed against Kaiser Cement & Gypsum, a California federal judge ruled, saying there was "little difficulty" in concluding that the case falls within the parties' arbitration agreement.
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November 19, 2024
Litigation Funder Can't Arbitrate German Biz's Discovery Bid
A Delaware federal judge has denied litigation funder Burford Capital's request to force arbitration of a discovery bid associated with foreign litigation accusing the German arm of law firm Hausfeld LLP of trying to circumvent a German ban on contingency fees in certain antitrust litigation.
Expert Analysis
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Clarifying Legal Elements To Support A Genocide Claim At ICJ
Reporting on South Africa’s dispute against Israel in the International Court of Justice largely fails to clearly articulate what a case for genocide alleged in the context of war requires — a technical analysis that will evaluate several key factors, from the scale of the devastation to statements by officials, say Solomon Shinerock and Alex Bedrosyan at Lewis Baach.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration
The European Court of Justice's recent ruling that the U.K. had breached EU law by allowing an arbitral award to proceed underscores the diminished influence of EU jurisprudence in the U.K., hinting at the EU courts' increasingly nominal sway in international arbitration within jurisdictions that prize legal autonomy, says Josep Galvez at 4-5 Gray’s Inn.
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How Updated Int'l Arb Guidelines Clarify Conflicts Of Interest
The International Bar Association's recently updated Guidelines on Conflicts of Interest in International Arbitration encourage arbitrators and counsel to disclose a wider range of situations that could be seen as presenting conflicts — an essential step in harmonizing standards across international and cross-cultural contexts, says Flore Poloni at Signature Litigation.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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UK Arbitration Ruling Offers Tips On Quelling Bias Concerns
An English court's recent decision in H1 v. W to remove an arbitrator because of impartiality concerns offers several lessons on mitigating bias, including striking a balance between arbitration experience and knowledge of a particular industry, and highlights the importance of careful arbitrator appointment, says Paul-Raphael Shehadeh at Duane Morris.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Bias Ruling Offers Guidance On Disqualifying Arbitrators
An English court's recent decision in H1 v. W, removing an arbitrator due to bias concerns, reaffirms practical considerations when assessing an arbitrator's impartiality, and highlights how ill-chosen language by an arbitrator can clear the high bar for disqualification, say Andrew Connelly and Ian Meredith at K&L Gates.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Examining The Arbitration Clause Landscape Amid Risks
Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.