International Arbitration

  • August 19, 2022

    ConocoPhillips Gets $8.5B Venezuela Award OK'd In DC

    ConocoPhillips won approval on Friday to enforce an $8.5 billion arbitral award against Venezuela despite the country ignoring the litigation for more than two years, after a federal judge in Washington, D.C., ruled that Caracas' chances of success in an ongoing annulment proceeding are minimal.

  • August 19, 2022

    MatlinPatterson Seeks OK For $42M Deal With Brazilian Airline

    MatlinPatterson asked a New York bankruptcy judge on Friday to approve a $42 million settlement with a litigation creditor, while another litigation creditor argued the deal would unfairly tie up money that could go to its recoveries.

  • August 19, 2022

    3rd Circ. Nixes Injunction In Chinese Pastry Distributor Fight

    The Third Circuit has lifted an order barring a Hong Kong pastry maker from terminating its 22-year-old deal with a New Jersey Asian grocery distributor while the two arbitrate a dispute over declining sales, saying the distributor had not shown it was likely to come out on top.

  • August 19, 2022

    Reed Smith, Mourant Advise On New Impact Litigation Fund

    Reed Smith LLP provided legal advice to a London-based company's first litigation fund designed to drive positive social and environmental change while attracting a large financial return, the firm announced Friday.

  • August 18, 2022

    Guaidó Gov't Claims Due Process Violation Over $500M Award

    An interim government led by Venezuelan opposition leader Juan Guaidó claimed Wednesday that it was wrongly barred from arbitral proceedings over a $500 million award against that country, saying its exclusion was a due process violation that invalidates the award in the U.S.

  • August 18, 2022

    9th Circ. Enforces Award In Pacific Bandwidth Fight

    The Ninth Circuit on Thursday enforced an arbitral award denying a satellite bandwidth provider's claim seeking millions of dollars in allegedly unpaid invoices, saying the arbitrator didn't disregard the law when he determined an underlying contract barred the claim.

  • August 18, 2022

    Venezuela Urges Justices To Pass On $42M Award Feud

    Venezuela is urging the U.S. Supreme Court not to review a D.C. Circuit ruling refusing to enforce a $42 million arbitral award issued to a Saint-Gobain unit, rebutting the company's arguments that the underlying decision created a "loophole" for countries to evade service.

  • August 18, 2022

    Foley Hoag Says Its Revenue Is Irrelevant To Pay Dispute

    Foley Hoag LLP's overall finances have no bearing on a breach of contract complaint filed by a Mexico City attorney hired as an expert by the firm in 2015, who alleges that Foley Hoag failed to pay him nearly $92,000 for his testimony, the firm told a D.C. Superior Court Judge in a recent filing.

  • August 18, 2022

    Labor, Digital Trade On Agenda For New US-Taiwan Talks

    The U.S. and Taiwan have agreed on 11 focus areas for trade and regulatory negotiations, including agriculture, labor, environment and digital trade, aimed at strengthening mutual economic relations amid rising tensions with mainland China.

  • August 17, 2022

    Carlsberg Says It Prevailed In Arbitration With India Partner

    Danish brewer Carlsberg said Wednesday it has prevailed in arbitration initiated by its partner in India over the company's allegedly problematic business practices in the region.

  • August 17, 2022

    Ex-Yukos Shareholders Hit Russia For Dragging Out $50B Suit

    The former shareholders of Yukos Oil Co. urged a D.C. federal court to block Russia from cross-examining several witnesses in the shareholders' effort to enforce $50 billion in arbitral awards from 2014, slamming the Kremlin's bid for an evidentiary hearing as needless, unlawful and "preposterously late."

  • August 17, 2022

    Arb. Docs In $12.7M Steel Feud Unsealed By Texas Judge

    A Texas judge has refused multiple requests by two steel companies to seal various records from an arbitration stemming from an international steel sourcing contract, citing recent Fifth Circuit precedent cautioning courts against the oversealing of records.

  • August 17, 2022

    Stellantis Plant To Rehire Fired Workers After USMCA Probe

    A Stellantis-owned Mexican automotive parts facility will recognize its workers' union as their collective bargaining representative and rehire workers fired for organizing activities, the Biden administration announced Tuesday following a review under the North American trade pact.

  • August 17, 2022

    Lloyd's Demands Exclusions On State-Backed Cyberattacks

    Lloyd's of London has said it wants insurers to exclude state-sponsored cyberattacks from the scope of the cover they sell, in a bid to tackle what it believes to be systemic risks to the market.

  • August 16, 2022

    Russian Businesswoman Loses $100M Claim Against Kuwait

    A prominent Russian businesswoman who was sentenced to more than two decades of hard labor in Kuwait for allegedly embezzling public funds has lost her $100 million arbitral claim accusing the Persian Gulf nation of orchestrating a politically motivated campaign against her.

  • August 16, 2022

    Ga. Arbitration Society Wants 11th Circ. To Uphold Precedent

    The Atlanta International Arbitration Society wants the Eleventh Circuit not to overturn its precedent barring courts from vacating international arbitral awards rendered in the U.S. under broader domestic standards, saying its interpretation of the issue enhances the jurisdiction's appeal for international parties.

  • August 16, 2022

    Coffee Co. Says $8M Arbitral Award Suit Belongs In Fla.

    A Canadian espresso franchise operator has urged a Florida federal court not to toss its bid to enforce an $8 million arbitral award against American units of Israeli coffee chain Aroma Espresso Bar, saying the proper venue for the dispute is in the Sunshine State.

  • August 16, 2022

    Mass. Power Plant Gets OK For Ch. 11 Debt-Swap Plan

    A Delaware bankruptcy judge Tuesday approved the Chapter 11 plan of a Massachusetts power plant owner after hearing it had resolved objections by the contractor whose arbitration award sent the company into insolvency.

  • August 16, 2022

    Chubb's $165M Suit Over Botched Ghana U. Deal Gets Axed

    A New York federal judge on Monday tossed insurance giant Chubb's suit seeking the enforcement of an expert's $165 million damages calculation against the University of Ghana for defaulting on a campus development project, finding that the dispute must be arbitrated in London.

  • August 15, 2022

    Peru Claims Win Over US Oil Investor In $97M Corruption Row

    Peru has claimed a favorable ruling in its arbitration fight against an American businessman who accused the South American nation of taking bribes in exchange for oil-drilling rights, saying that arbitrators in The Hague found they do not have jurisdiction over the matter.

  • August 15, 2022

    Nicaragua Can't Get Officials' Names Redacted In $590M Claim

    An international tribunal has denied Nicaragua's request to redact the names of public officials identified in a $590 million claim accusing the government of sending violent and destructive paramilitary groups to seize a foreign investor's 3,300-acre avocado plantation.

  • August 15, 2022

    Renewable Energy Investor Seeks OK Of €22M Spain Award

    A German renewable energy investor has brought a €22 million ($22.35 million) arbitral award issued against Spain to federal court in Washington, D.C., for enforcement, as the award undergoes scrutiny from an annulment committee.

  • August 15, 2022

    Orrick Asks 9th Circ. To Clarify Jones Day Fight Isn't Over

    Orrick Herrington & Sutcliffe LLP asked the Ninth Circuit on Monday to clarify that the firm can still raise more dismissal challenges before the trial court after losing an appeal from Jones Day this month over Orrick's refusal to provide testimony in an international arbitration hearing.

  • August 15, 2022

    3rd Circ. Says Transport Biz Too Late To Fight Arbitration

    The Third Circuit on Monday refused to revive an equipment hauling business' contract dispute with American Wind Transport LLC, reasoning that a lower court properly tossed the case after the hauler waited a year and a half to declare it wouldn't comply with an arbitration order.

  • August 12, 2022

    Google Can Arbitrate Antitrust Claims Of Apple Collusion

    A California federal judge agreed Friday to send proposed class antitrust claims against Google to arbitration in a school's lawsuit alleging Google and Apple colluded to avoid competing in the online search business, but he refused to stay antitrust claims against Apple as the arbitration proceeds.

Expert Analysis

  • What Badgerow May Mean For High Court's Other Arb. Rulings

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    Although the U.S. Supreme Court's recent Badgerow v. Walters decision seems to address a narrow, rarely invoked basis for federal jurisdiction, the ruling may preview the other arbitration decisions this term, and will have a significant effect on arbitration jurisprudence, says Janice Sperow at Sperow ADR.

  • How To Effectively Prepare A Witness For Remote Testimony

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    Many of the lessons taught in an introductory theater performance class can provide foundational guidelines for virtual witness preparation, including the importance of props, proper lighting and wardrobe decisions, and of acknowledging that the star of your show is not a Zoom expert, say Hailey Drescher at Trask Consulting and Michael Thomas at Foley & Lardner.

  • As Cyber Risks Surge, Remember Attorneys' Ethical Duties

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    The prevalence of remote work and a greater threat of Russian cyberattacks should serve as a stark reminder of a lawyer's professional obligations to guard against unauthorized disclosure of client information and to protect client interests in the event of a cyberattack, says Alvin Mathews at Ulmer & Berne.

  • Rethinking E-Discovery Readiness Amid Rise Of Collab Tools

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    Online collaboration platforms and instant messaging tools are quickly becoming the primary mode of internal business communications, leading to disputes around discoverability of data on these platforms and underscoring the need for new preservation processes to ensure compliance with discovery obligations, say Jay Carle and Ryan Tilot at Seyfarth.

  • 3 Jurisdictional Questions After High Court Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Badgerow v. Walters narrows federal courts' jurisdiction over post-arbitration disputes, but leaves unresolved jurisdictional issues, including its applicability to other Federal Arbitration Act sections, its effect on federal question analysis, and its influence on arbitration disputes properly venued in federal court, say Michael Gill and Andrew Spadafora at Mayer Brown.

  • Peppa Pig Ruling A Cautionary Tale On Sanctions And IP

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    A Russian court's recent ruling that the "Peppa Pig" and "Daddy Pig" trademarks belonging to a U.K. unit of Hasbro can be used without payment or permission has broad implications for intellectual property protections in sanctioned countries, say Nora Titus and Philip Albert at Haynes and Boone.

  • Series

    Embracing ESG: Uber Counsel Talks Safety Standards

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    Katie Waitzman at Uber discusses how in-house counsel can use environmental, social and corporate governance principles to bridge risk and innovation, as exemplified by the company’s recent women’s safety initiatives.

  • Opinion

    Prospectively Appointing Jackson To High Court Is Unlawful

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    President Joe Biden should rescind his prospective appointment of Judge Ketanji Brown Jackson to the U.S. Supreme Court as the decision contradicts the court's reasoning in Marbury v. Madison, raises gravely troubling issues regarding presidential discretion and brings a serious question about her legitimacy as a justice, says attorney John Reeves.

  • Post-Arb. Claims May Face Challenges After High Court Ruling

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    In Badgerow v. Walters, the U.S. Supreme Court recently held that a federal court may not look through to the underlying dispute to decide jurisdictional questions under the Federal Arbitration Act, likely forcing arbitral parties seeking to confirm or vacate an award to file in state courts — which are historically more hostile to arbitration, say Teresa Reuter and Jason Marsico at Sidley.

  • Perspectives

    Time To Fix Legal Industry's Environmental Pro Bono Problem

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    As we observe Earth Month, it's sobering to note that pro bono environmental law work lags behind other practice areas — but the good news is that there are numerous organizations that can help lawyers get connected with environment-related pro bono projects, says Matthew Karmel at Riker Danzig.

  • Remembering An Underappreciated Legal Skill — Listening

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    Education around listening skills is often neglected amid the dominance of visual media and written communication, and failed lawyering often comes down to an inability to listen accurately, so educators and law firms must prioritize the skill in their training programs, says James Flynn at Epstein Becker.

  • Attorneys Can Promote Trade, Security Amid Global Conflict

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    As nations take sovereign action to fight Russia’s aggression against Ukraine and the international rule of law, attorneys can combine their legal and business tools to help the global systems of trade and security in these troubled times, say Thomas Grant at Cambridge University and Scott Kieff at George Washington University.

  • Int'l Org. Immunity Ruling May Conflict With High Court Intent

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    The D.C. Circuit's recent decision in Rodriguez v. Pan American Health Organization suggests that many international organizations may be unable to rely on the immunity provisions in their charters to shield them from U.S. litigation — an apparent inconsistency with the U.S. Supreme Court's interpretation of the same law in a 2019 case, say Jonathan Blackman and Katie Gonzalez at Cleary.

  • Series

    The Future Of Legal Ops: Reining In Outside Counsel Costs

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    In-house legal departments are under increasing pressure to control spending on outside counsel, but traditional cost-cutting methods — law firm panels, alternative fee arrangements and alternative legal service providers — are limited, making it necessary to establish a more competitive law firm engagement process, say John Burke and Vincenzo Purificato at UBS.

  • When Congress Seeks Cos.' Nonpublic Info From Regulators

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    Increasingly, congressional investigators seek out private parties' confidential documents from the federal agencies that regulate them — and because Congress is uniquely empowered to override nondisclosure protections surrounding nonpublic information, companies must understand the rules and risks involved, say attorneys at Covington.

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