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International Arbitration
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February 13, 2024
Ship Co. Seeks 5th Circ. Redo On $200M Award Enforcement
A German shipowner has asked the Fifth Circuit to reconsider whether to enforce a $200 million arbitral award it won following a deadly chemical explosion on its vessel, saying it never had a chance to respond to the argument that ultimately led to the decision.
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February 12, 2024
Live Nation Buyers Urge 9th Circ. To Nix Arbitration Rules
Consumers suing Live Nation and Ticketmaster in a proposed antitrust class action have told the Ninth Circuit that a district court correctly ruled the companies' failure to tell ticket buyers they were switching to a new arbitrator is "procedurally unconscionable to an extreme degree."
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February 12, 2024
Kuwaiti Co. Sees $380M Telecom Investment Claim Revived
An annulment committee has revived Agility Public Warehousing Co. KSC's claim accusing Iraq of wrongly rescinding the Kuwaiti logistics contractor's $380 million investment in a Kurdish mobile phone operator called Korek Telecom, said to be Iraq's fastest growing mobile operator.
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February 12, 2024
Andes, Oxy Resolve $392M Ecuadorian Award Fight
An Occidental Petroleum unit has resolved its feud with a Chinese-owned oil company over a $392 million arbitral award stemming from an ill-fated Ecuadorian oil project, a case that Occidental was attempting to appeal all the way to the U.S. Supreme Court.
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February 09, 2024
Live Nation Defends 'Modest' Arbitration Tweaks At 9th Circ
Live Nation Entertainment Inc. told the Ninth Circuit that a California district judge was wrong to remove ticket buyers' antitrust claims from arbitration simply because the company changed arbitrators.
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February 09, 2024
Gateley Hires Nigerian Lawyer To Lead Arbitration In Africa
Gateley Legal's international arbitration team has announced its engagement of a Nigerian qualified disputes lawyer to lead its African practice, saying she will focus on supporting the expansion of the firm's disputes services across multiple jurisdictions.
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February 09, 2024
US Business Group VP Slams Tai's Digital Trade Stance
The National Foreign Trade Council published an essay Friday bashing the U.S. Trade Representative as the odd one out on e-commerce policy among both U.S. lawmakers and international partners, broadcasting the business community's ongoing frustration with the Biden administration.
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February 09, 2024
Industry Groups Call For Wider Effort To Stop Houthi Attacks
More than 100 industry groups are calling for more governments to support military efforts to stop attacks on commercial vessels in the Red Sea by Yemen's Houthi rebels, which they said have disrupted at least $80 billion in cargo in recent months.
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February 09, 2024
EB-5 Visa Fraud Suit Should Be Stayed, Court Hears
A man accused of defrauding green-card hopefuls of millions of dollars through a visa program for foreign investors has asked a Florida federal court to pause claims against him while he appeals a decision refusing to send the case to arbitration.
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February 09, 2024
Court Says 'Catastrophe' Applies In COVID Reinsurance Cases
A London court has allowed insurers to make claims under reinsurance contracts for business interruption losses claimed during the COVID-19 pandemic, saying that the outbreak of an infectious disease constitutes a "catastrophe" under the policy wording.
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February 08, 2024
US Targets Price Cap Evaders, Bans Russian Diamonds
The U.S. sanctioned three Emirati shipping companies on Thursday and a Russian-controlled one registered in Liberia for violating the G7's oil price cap, according to the U.S. Treasury Department, which also blocked a tanker operated by two of them.
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February 08, 2024
Creditors Say Don't Reorder Priority Scheme In Citgo Auction
Creditors of Venezuela that are favorably positioned to recoup billions of dollars they're collectively owed in an upcoming auction for control of U.S. oil giant Citgo urged a Delaware federal judge on Wednesday not to grant a hedge fund's request for a "more equitable" distribution of the proceeds.
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February 08, 2024
Atty In 'The Saudi Sun' Case Seeks Jury Trial Over Sanctions
A Seattle attorney accused of creating a fake newspaper called The Saudi Sun and filing it as a court exhibit is pushing back against a $268,000 sanction order, arguing to the Ninth Circuit that he should have a jury trial first.
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February 08, 2024
Apt. Owners Can't Avoid Arbitrating Ida Damage, Insurers Say
Seven New Orleans-area property owners must submit their Hurricane Ida damage claims to arbitration proceedings regardless of whether one of two foreign conventions applies to the case over the other, a group of 10 insurers told a Louisiana federal court.
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February 08, 2024
EU Says It's Not Debating Sanctions For Broadcaster Carlson
The European Union is not currently discussing any sanctions against U.S. broadcaster Tucker Carlson for what the EU considers is the spreading of Russian propaganda, although each EU country may at any time propose possible media candidates for blacklisting, the European Commission said Thursday.
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February 07, 2024
Longford Argues Patent Settlement Row Must Be Arbitrated
Litigation funder Longford Capital has asked a Delaware federal court to send its dispute over a settlement with Arigna Technology Ltd. to arbitration, saying the arbitration agreement between the two parties is valid despite the Irish patent holding company's claims otherwise.
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February 07, 2024
Forbes Distributor Says Mexican Court Order Must Stand
A distributor of Forbes magazine in Latin America is urging a New York court to nix the media company's bid to overturn a Mexican court injunction barring it from terminating their deal while the companies arbitrate a renewal dispute, saying the request is improper.
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February 07, 2024
Fieldfisher Hires Arbitration Pro For New Amsterdam Practice
Fieldfisher LLP has recruited a dispute resolution specialist from Pogust Goodhead to spearhead a new international arbitration practice it has launched in Amsterdam, as it continues to build out its disputes offering across Europe.
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February 06, 2024
9th Circ. Won't Review $1.3B India Award Fight
The Ninth Circuit on Tuesday refused to revisit its decision overturning the enforcement of a $1.3 billion arbitral award issued to an Indian satellite communications company on jurisdictional grounds, despite a scathing dissent from several judges criticizing the appellate court's outlier position on the relevant issue.
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February 07, 2024
CORRECTED: 9th Circ. Nixes Mexican Movie Co.'s Award Challenge
The Ninth Circuit has agreed with a lower court's enforcement of an arbitral award against a Mexican motion picture distributor in a case involving a California film production company's right to distribute in Latin America the movie "Ava" starring Jessica Chastain. Correction: A previous version of this article's headline has been corrected.
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February 06, 2024
2nd Circ. Won't Nix Award In Telecom Shareholder Fight
The Second Circuit affirmed an arbitration award ordering the sale of a Latin American telecommunications tower after telling the contesting shareholders during oral argument it sounded like they had "buyer's remorse" about choosing arbitration.
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February 06, 2024
11th Circ. OKs Big Lots Widow's $9.6M Win Against Grandsons
The two grandsons of the Big Lots founder's widow owe her estate $9.6 million for mismanaging her fortune, an Eleventh Circuit panel ruled Tuesday, refusing to overturn an arbitration tribunal award after finding that its chairperson had no conflict of interest and that a virtual final hearing was appropriate in the case.
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February 06, 2024
Wimbledon Champ's Doping Ban Appeal Starts Wednesday
The doping ban appeal of Romanian professional tennis player Simona Halep will begin on Wednesday and is expected to wrap up by the end of the week, the Court of Arbitration for Sport said Tuesday.
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February 05, 2024
Sony Gets No Relief From Emergency Arbitrator In Nixed Deal
The Singapore International Arbitration Center has denied Sony's bid for emergency relief to prevent Zee Entertainment Enterprises Ltd. from initiating legal action to contest a decision by the Japanese company's Indian unit to terminate their $10 billion merger, Zee said.
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February 05, 2024
Justices Urged To Turn Away $392M Arbitrator Bias Suit
An oil company has urged the U.S. Supreme Court to deny a petition asking it to overturn the Second Circuit standard for vacating arbitral awards over apparent arbitrator bias, arguing that any differences in the federal appeals courts over the evident partiality standard are "academic."
Expert Analysis
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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Alstom Arb. Case Shows 3 Approaches To Corruption Claims
French, English and Swiss courts have provided differing assessments of post-award corruption allegations in the long-running case Alexander Brothers v. Alstom, which is clearly undesirable, and may affect arbitration tactics, says Harriet Chopra at Fladgate.
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5 Insider-Threat Reminders After Recent DOJ Prosecutions
Three recent U.S. Department of Justice actions may well lead to much greater scrutiny of companies in which insiders engage in a variety of corporate misconduct, including conducting or enabling cybercrimes, which will likely fall not just on government contractors, but across industries and geographies, say attorneys at Paul Weiss.
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Applying The Singapore Convention In UK: The Key Questions
While the U.K. government's recent decision to join the Singapore Convention is welcome, the hard work arguably starts now in devising the domestic rules to implement it, which should not be treated as a straightforward exercise, says Jan O'Neill at Herbert Smith.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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10th Circ. Highlights US Court Discretion On Arbitral Awards
The Tenth Circuit's recent decision enforcing an arbitral judgment against a Mexican cement company even after it was annulled in Bolivia could signal an expansion in district courts' discretionary powers over motions to enforce foreign arbitral awards, say Max Chester and Parker White at Foley & Lardner.
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US Security Exception Proposal May Undermine The WTO
A U.S. proposal, floated earlier this month, to clarify that the General Agreement on Tariffs and Trade's essential security exception is wholly self-judging would provide an unfettered ability for a country to avoid any of its World Trade Organization obligations, further destabilizing the WTO and international rule of law, say attorneys at Akin Gump.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.