International Arbitration

  • December 03, 2021

    5th Circ. Won't Enforce $18B Saudi Oil Award

    The Fifth Circuit on Thursday refused to enforce an $18 billion arbitral award against state-owned Saudi Aramco on sovereign immunity grounds, although it opted not to opine on the alleged "shenanigans" that plagued the underlying arbitration.

  • December 03, 2021

    Chinese Oil Co. Subsidiary Gets $558M From Occidental Deal

    A New York federal judge has ordered Occidental Petroleum Co. to pay over $588 million to the subsidiary of a Chinese state-owned oil company for its share of a $1 billion settlement with Ecuador over an expropriated oil field.

  • December 03, 2021

    Fla. Judge OKs $188M Award Against Venezuelan Mining Co.

    A Venezuelan state-owned mining company has lost its bid to block enforcement of a $188 million arbitral award issued to a British Virgin Islands commodities firm on corruption grounds after a Florida judge said Thursday that the mining company waited too long to raise its argument.

  • December 03, 2021

    3rd Circ. Preview: BLM Masks, $1.4B Award Fight End 2021

    A Pennsylvania mass transit operator, the commonwealth's banking regulator and the Bolivarian Republic of Venezuela are among the entities in December seeking the Third Circuit's input on such issues as thorny constitutional matters and a $1.4 billion arbitral award battle.

  • December 03, 2021

    Mishcon De Reya Taps New CFO As It Preps For IPO

    Mishcon de Reya Group has tapped its first chief financial officer, an executive at European investor and asset manager Arrow Global, as it prepares to go public on the London Stock Exchange, the firm confirmed Friday.

  • December 02, 2021

    German Court Affirms Intra-EU Arbitration Clause Is Invalid

    Germany's highest court has rejected an investor-state claim brought against Croatia under the country's bilateral investment treaty with Austria, concluding that the claim is invalid under the principles laid out in the seminal Achmea decision.

  • December 02, 2021

    Fight Over Pharma Co. CEO's Firing To Go To Arbitration

    A Pennsylvania federal judge sided with biopharmaceutical and former medical cannabis company FSD Pharma Inc. on Thursday, sending a dispute over the termination of its ex-CEO Raza Bokhari to arbitration in Canada.

  • December 02, 2021

    Koch Companies Want In On Delaware Citgo Auction

    Two Swiss Koch Industries affiliates are seeking to join the rush to collect on debts from Venezuela's U.S. asset Citgo, asking a federal judge for an order that would allow the companies to register their $400 million award confirmation in Delaware.

  • December 02, 2021

    WTO Chief Wants Deal On Vaccines, Fisheries Early Next Year

    The recent postponement of the World Trade Organization's ministerial conference over coronavirus concerns should not deter members from striking deals on vaccine patent waivers and fisheries subsidies by early next year, the WTO's chief told delegations Thursday.

  • December 02, 2021

    Squire Patton Hires Africa Disputes Pro From Curtis

    Squire Patton Boggs has hired an Africa projects and disputes specialist from Curtis Mallet-Prevost Colt & Mosle in London in a move to strengthen its international dispute resolution practice.

  • December 01, 2021

    Cessna Says Emirati Firm Ducking Fight Over $90M Award

    Cessna is urging a New York federal court to sanction an Emirati company and the family who controls it, arguing Tuesday that they have continued to evade its efforts to enforce a 6-year-old, $90 million arbitral award stemming from a defaulted business jet lease deal.

  • December 01, 2021

    Aircraft Lease Co. Says $20M Award Row Was Wrongly Tossed

    An aircraft leasing company has asked the D.C. Circuit to revive its lawsuit seeking to enforce a $20 million arbitral award issued after OJSC Tajik Air broke its lease on two planes, arguing that a lower court wrongly concluded that the Tajikistan state-owned airline is distinct from the Central Asian country.

  • December 01, 2021

    Bank Can't Try To Toss $25.8M Fraud Claims Before Stay Bid

    A London judge Wednesday rejected a bid by a Liechtenstein bank accused of defrauding a Ukrainian bank's creditors of $25.8 million to proceed with its application to have the litigation tossed before its bid to stay the case for arbitration, saying to do so would be illogical.

  • December 01, 2021

    Cargo Co. Can't Avoid Payout In $7.7M Pirate Ransom Case

    A commodity trading company will have to cover some of the $7.7 million ransom paid to secure the release of a ship from Somali pirates after an English appeals court ruled Wednesday that no contract agreement existed to shield them from the cost.

  • November 30, 2021

    Bridge Player Must Arbitrate Ban Challenge In US

    An Illinois federal court has sided with the United States Bridge Federation and agreed that professional bridge player Huub Bertens' challenge of his seven-year playing ban belongs before the American Arbitration Association, not the Court of Arbitration for Sport in Switzerland.

  • November 30, 2021

    Donziger Case May Stretch Constitution, 2nd Circ. Panel Says

    A Second Circuit panel on Tuesday appeared open to Chevron foe Steven Donziger's argument that there are serious constitutional questions about the appointment of the special prosecutor who won a criminal contempt trial against him.

  • November 30, 2021

    BCLP Partner Jumps To Perkins Coie In DC

    An attorney practicing complex commercial litigation has jumped from Bryan Cave Leighton Paisner LLP to work as a partner at Perkins Coie LLP.

  • November 30, 2021

    Insurers Appeal Referral Of $1B Oil Spill Liability Suit To ECJ

    Insurers fighting a decision holding them liable for nearly $1 billion in damages from a Spanish coast oil spill urged an appellate court Tuesday to set aside a London judge's order referring part of the case to EU courts, saying the legal detour wasn't necessary.

  • November 30, 2021

    Seladore Legal Hires Ex-Disputes Partner At Herbert Smith

    Disputes-focused law firm Seladore Legal has recruited a specialist in cross-border cases formerly with Herbert Smith Freehills LLP to join as a partner, the firm said on Tuesday.

  • November 30, 2021

    Appeals Court Revives Feuding Oligarchs' Imprisonment Fight

    An appeals court has revived an attempt by a Russian businessman to have his former associate imprisoned in England in a bitter legal battle over property in Moscow, finding on Tuesday that a lower court was wrong to block the case as an abuse of process.

  • November 29, 2021

    Zimbabwe Looks To Toss $277M Award In Land Reform Fight

    Zimbabwe is fighting a German and Swiss family's efforts to enforce a $277 million arbitral award stemming from a controversial land reform program aimed at returning land to the indigenous population, arguing the award can only be enforced by its domestic courts.

  • November 29, 2021

    Deutsche Telekom Warns Against Pausing $132M Air India Suit

    A German telecommunications company has urged a New York court against slowing litigation seeking to force Air India to pay a $132 million arbitral award, saying the case needs to proceed before a privatization deal puts the airline's assets beyond its creditors' reach.

  • November 29, 2021

    Insurers Want $3.3M Hurricane Damage Claim Arbitrated

    A coalition of insurers says that a dispute over how much money a property owner is owed for damage caused by Hurricane Laura belongs in arbitration and asked a Louisiana federal court to send it there as soon as possible.

  • November 29, 2021

    Aggrieved Chinese Sellers Fight Amazon's Arbitration Bid

    A group of Chinese third-party sellers are arguing that Amazon can't force them to arbitrate their proposed class action for allegedly withholding money owed to them after their accounts were terminated, calling an underlying arbitration clause unenforceable.

  • November 29, 2021

    WTO Dispute Roundup: Procurement, Steel Litigants Dig In

    In Law360's latest glimpse of the World Trade Organization's Dispute Settlement Body, defensive parties stall panel arrangements in fights over procurement policies and steel duties, while the U.S. continues to block Appellate Body appointments.

Expert Analysis

  • Investors May Reconsider Arbitration Seats After ECJ Ruling

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    The European Court of Justice's recent Moldova v. Komstroy decision undermines the attractiveness of European Union-seated investment arbitration as it highlights to investors that such proceedings can be subject to interference from EU courts, says Tomas Vail of Vail Dispute Resolution.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

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    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

  • A Phased Approach To In-House Legal Tech Adoption

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    In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

  • UK Ruling Evinces Conflict In Int'l Award Enforcement

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    A recent U.K. Supreme Court decision in Kabab-Ji SAL v. Kout Food Group, declining to enforce an International Chamber of Commerce award, revives a decade-old cautionary tale in Anglo-French judicial relations and the potential lack of consensus in the cross-border enforcement of international awards, say attorneys at Crowell & Moring.

  • Series

    Confronting Origination Credit: How Firms Can Redo Policies

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    To promote a more diverse and equitable workforce — not to mention better teamwork and higher profits — law firms must tackle common misconceptions about origination credit and design compensation systems that reflect four critical concepts about client relationships, says Blane Prescott at MesaFive.

  • How To Comply With ABA's New Language Access Guidance

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    Considering the American Bar Association's recent language access guidance for lawyers working with clients with whom communication is impeded, attorneys should carefully navigate social and cultural differences and take steps to maintain professional obligations, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Best Practices For Hiring And Integrating Freelance Lawyers

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    Law firms and legal departments that hire temporary attorneys for certain projects can make the most of their contract talent by ensuring the right fit at the time of recruitment, setting expectations among in-house team members, and being strategic about work distribution, says Leslie Firtell at Tower Legal Solutions.

  • Series

    Embracing ESG: Cognizant Counsel, CSO Talk Collaboration

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    Leveraging the general counsel's nuanced view of a company’s strengths and weaknesses, and aligning it with the chief sustainability officer’s focus on long-term environmental and social macro trends, can help shape the values and direction of a company, say John Kim and Sophia Mendelsohn at Cognizant.

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