International Arbitration

  • August 12, 2022

    Bayer Claims Win In Feud Over $7.8B Crop Seeds Biz Deal

    German pharmaceutical and biotechnology giant Bayer did not mislead chemical company BASF about the continuing costs of its crop seeds businesses while the two were hammering out a $7.8 billion sales deal that closed in 2018, an arbitral tribunal has found.

  • August 12, 2022

    Oil Co. Can Pursue $559M Occidental Award In Calif.

    An oil company looking to enforce a $558.6 million arbitral award against an Occidental Petroleum Corp. unit has been given permission by a New York judge to hunt down its parent company's assets in California, as Occidental continues its efforts to have the award nixed over an alleged conflict of interest.

  • August 12, 2022

    Venezuela Oil Co. Blasts Claims Of Evading $166M Debt

    Venezuela state-owned oil company PDVSA on Thursday fought back against allegations it is trying to exploit U.S. sanctions to avoid paying back some $166 million owed under a 2017 loan, telling the Second Circuit a creditor is wrongly trying to "gouge" it during a humanitarian crisis.

  • August 12, 2022

    2nd Circ. Upholds $25M Award To Exxon, Axes Some Interest

    A district court correctly sent a pollution coverage dispute between ExxonMobil and its insurer to arbitration but wrongly awarded the energy company pre-arbitral award interest beyond the policy's $25 million liability limits, a Second Circuit panel said in a published opinion Friday.

  • August 12, 2022

    Watson Farley Adds Former Baker McKenzie Disputes Head

    Watson Farley & Williams LLP has hired the former head of litigation at Baker McKenzie in Barcelona to build out its disputes offering in Madrid.

  • August 12, 2022

    Lawyers, Accountants Face Watchdog's Tighter AML Scrutiny

    The Financial Conduct Authority has floated new guidance for the 25 supervisors of the legal and accountancy professional bodies it oversees in a move to improve the consistency and quality of compliance with anti-money laundering measures.

  • August 11, 2022

    USMCA Energy Row Pits Nationalism Against Private Interests

    The U.S. and Canada's challenges to Mexico's prioritization of state utilities over private enterprises could lead to new tariffs and lost investments, unless the parties negotiate an agreement that balances Mexico's sovereignty against the interests of northerly energy stakeholders.

  • August 11, 2022

    Enviro Group Says Cuban Co. Can't Escape Exxon Suit

    An environmental group is backing ExxonMobil as the oil giant looks to hold Corporación CIMEX SA responsible for seizing its property in Cuba decades ago, telling the D.C. Circuit that the state-owned conglomerate can't use sovereign immunity to escape the litigation.

  • August 11, 2022

    Nicaragua Backed Avocado Plantation Seizure, Co. Claims

    A Colorado-based agricultural products company is claiming that Nicaragua owes nearly $600 million in damages after government-backed paramilitary groups seized its 3,300-acre avocado plantation at gunpoint and threatened to kill its workers and management if they interfered, according to documents made public on Tuesday.

  • August 11, 2022

    Quinn Emanuel Launches New Dallas Office With 7 Attys

    Quinn Emanuel Urquhart & Sullivan LLP has opened an office in Dallas, the firm announced Thursday, with seven attorneys staffing a building near Reverchon Park.

  • August 11, 2022

    Will.i.am's Co. Can't Escape Award To Swedish Investors

    A federal judge has refused to let Will.i.am's company escape an enforced arbitration award won by Swedish parties, ruling that because the music artist's company was forced to forfeit its California business registration, it gave up its ability to appeal or litigate the ruling in the state.

  • August 10, 2022

    9th Circ. Backs Arbitration Order In Tribe's Rx Payback Case

    A Ninth Circuit panel on Tuesday backed an Arizona federal judge's decision to send to arbitration litigation between CVS Caremark and the Chickasaw Nation over prescription drug reimbursement without expressing an opinion on the enforceability of the arbitration provision at issue.

  • August 10, 2022

    Argentina Says Webuild Can't Enforce $21M Award

    Argentina is pressing a D.C. federal court to toss litigation to enforce a $21.3 million arbitral award won by Webuild more than a decade ago in a dispute over a water and sewage service concession, saying the Italian infrastructure company sat on the award for too long.

  • August 10, 2022

    Brown Rudnick Agrees To Mediate Malpractice Feud

    Brown Rudnick LLP and Christof Industries GmbH have agreed to mediate an ugly dispute stemming from the firm's representation of the Austrian industrial plant company in a multimillion-dollar arbitration over an ill-fated construction project, according to documents filed Wednesday in Massachusetts federal court.

  • August 10, 2022

    TotalEnergies Alleges Solar Co. Held 'Ransom' In $100M Suit

    A TotalEnergies unit has accused China-based Trina Solar Ltd. and its U.S. subsidiary of jacking up the agreed-upon price tag on solar modules and essentially forcing the company to pay ransom for products it already purchased, costing it upwards of $100 million in damages. 

  • August 10, 2022

    Banks, Insurers Reach Deals Over Ships Seized In Venezuela

    Lloyd's of London underwriters have resolved two lawsuits brought by Crédit Agricole and DVB Bank seeking a payout after ships they financed were seized by the Venezuelan government amid U.S. sanctions.

  • August 09, 2022

    Judge Won't Nix Shipbuilder Claims In Petrobras Bribery Feud

    Samsung Heavy Industries can pursue its attempt to hold Petrobras America at least partially responsible for a $200 million settlement that resolved a dispute over a corrupt drilling services deal, a Texas judge said on Tuesday, rejecting the Brazilian company's argument that the claim is time-barred.

  • August 09, 2022

    Insurers Ducking Coverage In Art Forgery Row, Exhibitor Says

    An art exhibitor asked a New York federal court to stop a group of European insurers from dodging payments related to its confiscated paintings, arguing the insurers were conducting a perpetual investigation in an attempt to skip coverage.

  • August 09, 2022

    Deborah Enix-Ross On Her Plans As The ABA's New President

    The American Bar Association welcomed its new president, Deborah Enix-Ross, on Monday at its House of Delegates annual meeting in Chicago. Here, Enix-Ross spoke with Law360 Pulse about her plans, including addressing the group’s membership numbers, and how the ABA has helped her legal career.

  • August 09, 2022

    Burford Capital Names African Arbitrator To Board

    Burford Capital Ltd., an asset management firm that focuses on litigation finance and law advisory services, has named a prominent African arbitration lawyer as an independent nonexecutive director.

  • August 09, 2022

    Dutch Court Asked To Reinstate $5.2B Kazakh Asset Freeze

    Two Moldovan oil and gas investors are seeking to overturn a Dutch appeals court's decision to cancel a freezing order over $5.2 billion of Kazakh assets as they try to enforce an arbitration award against the former Soviet state.

  • August 08, 2022

    Senior Home Can Arbitrate Families' Claims Over Killings

    Arbitration agreements signed by residents of a Dallas senior living community who authorities say were slain by a serial killer suspect apply to their surviving family members, a divided en banc Texas appellate court ruled Friday.

  • August 08, 2022

    Treasury Bans Crypto Tool Allegedly Used By North Korea

    The U.S. Department of the Treasury on Monday sanctioned digital currency "mixer" Tornado Cash, a service that U.S. officials say has been used by a North Korean hacking group to launder more than $455 million of stolen funds.

  • August 08, 2022

    Guatemala Denied Default Win In Arb. Fight Against Israeli Co.

    A New York federal court lacks jurisdiction to grant the Guatemalan government default judgment in a case seeking to confirm a $1.8 million award against an Israeli energy company that brought a failed arbitration action and hasn't appeared, the court said.

  • August 08, 2022

    Chevron Presses 9th Circ. To Sanction Saudi Heirs' Lawyer

    Chevron has asked the Ninth Circuit to sanction an attorney representing heirs of a Saudi sheikh who are trying to enforce an $18 billion arbitration award against the company, calling the lawyer's submission of an allegedly fabricated news article to the court a "disgraceful lack of candor."

Expert Analysis

  • In Early Mediation, Negotiate With Empathy, Not Threats

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    With courts encouraging early settlement conferences to tackle the COVID-19 backlog, parties should consider that authenticity, honesty and the ability to see beyond one's own talking points are far more persuasive tools than threats of a distant possible determination by a court or arbitrator, says Sidney Kanazawa at ARC.

  • 4 Questions For Cos. Seeking To Recover Value Of Russian IP

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    Given Russia’s recent steps to weaken or annul the intellectual property rights of foreign investors from nations that have imposed sanctions on it, companies with IP assets in the country should consider a few key issues when evaluating whether to pursue investment arbitration under bilateral treaties, say attorneys at Covington.

  • Addressing Problematic Drinking In The Legal Profession

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    To curb problematic drinking, on the rise during the pandemic, legal employers should implement comprehensive responsible drinking policies that are taken seriously by firm leadership, and provide alternatives for creating a healthy workplace culture, says Anne Brafford at the Institute for Well-Being in Law.

  • Transforming Law Firms' Diversity Intent Into Real Progress

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    In order for law firms to convert their diversity and inclusion activity into lasting advancements, they must prioritize accountability and transparency when crafting policies, and take steps to engage with attorneys and staff at all levels, say Jacqueline Simonovich at Weintraub Tobin and Lindsey Mignano at Smith Shapourian.

  • DIAC Arbitration Rule Revamp Will Help Venue Compete

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    The Dubai International Arbitration Centre's recently unveiled reforms are a significant step in aligning the DIAC with more established arbitral institutions, making the venue a competitive alternative hub for arbitration in the region, say Ben Williams and Kateryna Frolova at King & Spalding.

  • Int'l Dispute Resolution Options For Investors In Russia

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    With the geopolitical and economic consequences of Russia's invasion of Ukraine growing rapidly, international commercial operations and investors in Russia will be severely affected and should review the available dispute resolution options now, say attorneys at Crowell & Moring.

  • Opinion

    Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • Key Arbitration Considerations After ICSID Rule Update

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    Danielle Morris and Sam Winter-Barker at WilmerHale examine the recently passed amendments to the International Centre for Settlement of Investment Disputes' institution, arbitration and additional facility rules, and assess their likely effect on investor-state arbitrations.

  • Tips For Negotiating Litigation Funding Agreements

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    Allen Fagin and Ralph Sutton at Validity Finance break down the key components of litigation funding term sheets — from return calculations to funder involvement — and explain what law firm leaders should keep in mind when negotiating these provisions.

  • 5 Mediation Mistakes That Create Obstacles To Settlement

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    Overly litigious behavior ranks high among common mistakes attorneys make during mediation, as do premature ultimatums, failure to account for compounding risks, and more, say Lynn O'Malley Taylor and Rachel Gupta at JAMS.

  • Opinion

    The Problem With GOP Attack On Jackson Immigration Ruling

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    Republican criticism of Judge Ketanji Brown Jackson's decision in Make the Road New York v. McAleenan, halting a Trump administration immigration policy, is problematic because the ruling actually furthered the separation of powers ideals that the GOP claims to support, says Thomas Berry at the Cato Institute.

  • Tech Cos. Can Benefit From Investment Treaty Protection

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    As tech companies' use of investor-state arbitration continues to trend upward, they should ensure that their foreign investments are correctly structured to obtain protections under investment treaties, say attorneys at Freshfields.

  • 6 Key Issues From Foreign Discovery Argument At High Court

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    While evaluating the breadth of a statute allowing U.S. discovery for foreign proceedings at recent U.S. Supreme Court arguments in two consolidated cases, the justices seemed to focus on several areas of interest that may prove to be dispositive to the issue, say Kate Shih and Nicholas Caluda at Quinn Emanuel.

  • Opinion

    Ethics Principles Call For Justice Thomas Recusal On Election

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    While the U.S. Supreme Court has provided limited guidance on when justices must recuse themselves, the rules and statutes governing judicial recusals make it clear that Justice Clarence Thomas should not rule on issues related to the Jan. 6 Capitol riot, considering his wife's involvement in efforts to overturn the 2020 election, says Hilary Gerzhoy at Harris Wiltshire.

  • Emerging Economic Effects From Russia-Ukraine War

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    While the full economic effects of Russia's invasion of Ukraine will only become clear with time, some of the geopolitical and financial consequences are already becoming apparent, such as a possible shift from the petrodollar, Russian debt default and investor asset recovery complications, say attorneys at King & Spalding.

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