International Arbitration

  • August 19, 2024

    Canadian Insurer Secures Arbitration In Auto Accident Dispute

    A Canadian man must arbitrate his dispute with a Canadian state-owned insurer over an underinsured motorist claim, a Hawaii federal judge ruled, finding that the man failed to prove that arbitration was precluded from being held in British Columbia.

  • August 19, 2024

    Canadian Court Won't Yet Enforce $140M Hospital Award

    Webuild SpA has told a Delaware federal court of a Canadian court's decision to wait on enforcing a $140 million arbitral award related to a Chilean hospital project, saying it is relevant to Webuild's bid in Delaware to dismiss a petition seeking to confirm the same award.

  • August 19, 2024

    Iraq Can't Escape $120M Port Award

    A D.C. federal judge gave a Cypriot construction firm permission to go after Iraqi assets to satisfy a $120 million judgment obtained in a dispute over construction on a major port in the country, rejecting Iraq's bid to escape the arbitration award.

  • August 16, 2024

    Stay Lifted On $110M Coal Co. Suit As Arbitration Drags On

    A Missouri federal judge has grudgingly lifted a pause on litigation between several insurance companies and a St. Louis coal producer after its mines sustained more than $115 million in fire damage, saying it can pursue claims against domestic insurers separately from insurers seeking arbitration.

  • August 16, 2024

    Customer Says AAA Must Improve Oversight Of Arbitrators

    The American Arbitration Association allows its arbitrators' decisions to go unchecked because the AAA operates without any formal audit mechanism, a disgruntled T-Mobile USA Inc. customer told a Florida federal judge as he fights an arbitral award favoring the company.

  • August 16, 2024

    Airbnb Says Travel Insurance Fee Fight Must Be Arbitrated

    Airbnb and an Italian insurer are urging a California federal court to send a proposed class action over allegedly unfair fees on travel insurance policies to arbitration, arguing Thursday that the plaintiffs are ignoring an arbitration clause they had to sign to use the Airbnb platform.

  • August 16, 2024

    DC Circ. OKs Energy Cos.' $395M Spain Award Suits

    The D.C. Circuit on Friday ruled that district courts have jurisdiction to enforce some $395 million in arbitral awards issued against Spain after the country rolled back economic incentives for renewable energy projects, but took no position on the awards' ultimate enforceability.

  • August 15, 2024

    Conflict Questions Haunt Chiles' Bronze Medal Case

    The Court of Arbitration for Sport has now released its decision stripping U.S. gymnast Jordan Chiles of her bronze medal in favor of a Romanian gymnast, though questions about a potential conflict involving tribunal president Hamid Gharavi have put the sports court on the defensive.

  • August 15, 2024

    Treasury's Sanctions Unit Slaps Penalties On Houthi Network

    An office of the U.S. Treasury said it has sanctioned a group of companies, people and vessels for shipping Iranian commodities to Yemen and the United Arab Emirates on behalf of their network led by an Iran-based financier viewed as a leading enabler of Yemen's Houthi rebels.

  • August 15, 2024

    Baker McKenzie Adds 2 A&O Shearman Attys In Johannesburg

    Baker McKenzie is beefing up its global disputes practice at its Johannesburg office with the arrival of two attorneys from A&O Shearman and another from Cliffe Dekker, the firm announced Thursday.

  • August 15, 2024

    Discover Can't Arbitrate Fraud Risk Claims, But Amex Can

    A New York federal judge has refused to allow Discover Financial Services to arbitrate claims that it and other credit card networks conspired to dump fraud risk on retailers, but granted a similar motion from American Express.

  • August 15, 2024

    Ex-Drew Eckl Attys Seek New Firm's Escape From Arbitration

    Drew Eckl & Farnham LLP and former firm attorneys now at Burke Moore Law Group LLP launched dueling arguments in the Georgia Court of Appeals this week over Burke Moore's bid to undo a court order requiring it to arbitrate a fees dispute between Drew Eckl and Burke Moore founders.

  • August 14, 2024

    3rd Circ. May Nix $10M Venezuela Award Transfer Suit

    The Third Circuit appeared poised to decline jurisdiction over appeals challenging a Delaware judge's decision to send litigation enforcing some $10 million in arbitral awards against a subsidiary of Venezuela's state-owned oil company to federal court in Washington, D.C.

  • August 14, 2024

    Sanctioned Ghanaian Co. Says Law Firm's Fees Too High

    An African energy company has slammed international arbitration specialty law firm Three Crowns LLP in Texas federal court for claiming nearly $200,000 in fees after the company was sanctioned for lying to a Ghanaian court.

  • August 14, 2024

    Ukrainian Bank In $1.1B Russia Case Points To Nigeria Ruling

    A Ukrainian bank looking to enforce a $1.1 billion arbitral award against Russia has asked a Washington, D.C., federal judge to consider a decision issued last week by the D.C. Circuit rejecting Nigeria's sovereign immunity defense in another litigation over an arbitral award.

  • August 13, 2024

    Insurers Look To Appoint Umpire In Hurricane Damage Fight

    A group of foreign and domestic insurers has asked a New York federal court to resolve an impasse over the appointment of an arbitrator to adjudicate a dispute related to Hurricane Ida damage in the Lafourche Parish of Louisiana, urging the court to appoint an umpire.

  • August 13, 2024

    Texas Court Affirms Sole Arbitrator In Oilfield Machinery Fight

    A Texas appeals court affirmed on Tuesday that arbitration over more than $1 million owed on an invoice for oilfield machinery should be heard by a sole arbitrator, ruling that a subsequent agreement between a Mexican drill rig manufacturer and a Houston company trumped the wording in their initial contract.

  • August 13, 2024

    Panama Seeks Pause In Construction Co.'s $4.8M Award Suit

    Panama has asked a Florida federal court to stay discovery as it faces a Miami businessman's countersuit claiming a previous settlement bars the enforcement of a $4.8 million arbitral award against him and his construction firm, arguing that a separate arbitration will resolve outstanding issues.

  • August 13, 2024

    3rd Circ. Nixes Debt Collection Suit, Leaves Award In Question

    The Third Circuit ruled Tuesday that a plaintiff fighting an arbitration loss in a proposed debt-collection class action never had standing to sue, but the appellate panel left it for an arbiter or state court to decide whether to erase the actual award in favor of the debt collector.

  • August 13, 2024

    Ga. Justices To Weigh Arbitrator's Closed-Door Discussions

    The Georgia Supreme Court on Tuesday agreed to weigh if an arbitrator's ex parte communications with BioTek Services LLC in an allergy testing payment dispute warranted vacating BioTek's $1.7 million arbitration award over compensation for its testing of patients from Docs of CT LLC.

  • August 12, 2024

    2nd. Circ. Opinion May Moot Discovery Statute For Arbitration

    The Second Circuit's novel decision last month further narrowing the scope of a foreign discovery statute — a tool that had, until recently, become something of a secret weapon among international arbitration practitioners — has contributed to its increasing obsolescence in the practice area.

  • August 12, 2024

    Alleged 'Ransom Cartel' Boss Hit With Cybercrime Indictments

    A Belarussian and Ukrainian national extradited from Poland led two schemes that deployed malware through unsuspecting advertising companies and recruited participants from a Russian-speaking cybercrime forum to join a ransomware "cartel," federal prosecutors in New Jersey and Virginia alleged on Monday.

  • August 12, 2024

    US Gymnast Can't Get Bronze Medal Back

    The Court of Arbitration for Sport on Monday refused to overturn a ruling stripping U.S. gymnast Jordan Chiles of her bronze medal for the floor exercise after the U.S. team's head coach purportedly challenged Chiles' original score four seconds too late.

  • August 12, 2024

    Shell Oil Forced Back To State Court In Texas Amputation Suit

    Shell Oil must face claims in state court it negligently caused a worker's injuries that resulted in his foot being amputated, a Texas federal judge has ruled, rejecting the company's bid to enforce two contracts that the worker never signed.

  • August 12, 2024

    Gamers Freed From Arbitration Take On Valve's 30% Cut

    Valve, the operator of the dominant PC game marketplace Steam, is facing a new proposed class action accusing the company of monopolizing the gaming market to artificially inflate prices, this time from a group of plaintiffs who say they have overcome the company's arbitration agreements.

Expert Analysis

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • Arbitration Implications Of High Court Coinbase Ruling

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    The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.

  • Ecuador Ruling Marks Significant Step For Arbitral Certainty

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    The Constitutional Court of Ecuador's recent holding that a foreign arbitral award did not require homologation before local enforcement is a positive step toward fostering greater certainty in international business dispute resolution in the region, say Luis Perez and Ildefonso Mas at Akerman.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Contractual Drafting Takeaways From Force Majeure Ruling

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    Lawyers at Cleary discuss the U.K. Supreme Court's recent judgment RTI v. MUR Shipping and its important implications, including how the court approached the apparent tension between certainty and commercial pragmatism, and considerations for the drafting of force majeure clauses going forward.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Decoding Arbitral Disputes: Spanish Judicial Oversight

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    The recent conviction of arbitrator Gonzalo Stampa underscores the critical importance of judicial authority in the realm of international arbitration in Spain, and emphasizes that arbitrators must respect the procedural frameworks established by Spanish national courts, says Josep Galvez at 4-5 Gray’s Inn.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Foreign Discovery Insights 2 Years After ZF Automotive

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    Although an Arizona federal court decision last month demonstrates that Section 1782 discovery may still be available to foreign arbitral parties, the scope of such discovery has narrowed greatly since the U.S. Supreme Court's 2022 decision in ZF Automotive, and there are a few potential trends for practitioners to follow, say attorneys at Venable.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Tracking China's Push To Invalidate Foreign Patents

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    China’s increasing use of courts and administrative panels to nullify patents in strategically important industries, such as technology, pharmaceuticals and rare-earth minerals, raises serious concerns about the intellectual property rights of foreign businesses operating there, say Rajat Rana and Manuel Valderrama at Selendy Gay.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

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