International Arbitration

  • November 23, 2020

    Rebuffed By Kaplan, Donziger Atty Calls Out Judges' 'Opacity'

    Chevron foe Steven Donziger's new lawyer questioned Monday who's in charge of given issues relating to Donziger's criminal contempt case, telling U.S. District Judge Lewis Kaplan, the judge in Donziger's civil case, that the situation is beset by "utter opacity."

  • November 23, 2020

    Ukraine Can't Block Enforcement Of $81M Tatneft Award

    Ukraine came up short on Monday in its efforts to reverse an enforcement order for $81 million of a $112 million arbitral award issued to the Russian oil company Tatneft after an English judge rejected Kyiv's petition as an abuse of process.

  • November 23, 2020

    Russia Gets Enforcement Of $50B In Awards Put On Hold

    A D.C. federal judge has agreed that pausing litigation to enforce $50 billion in arbitral awards against Russia is the best way to avoid a "litigation quagmire" that could arise if the Netherlands' highest court nixes the awards, even though those proceedings could last up to five more years.

  • November 23, 2020

    Texas Justices Urged To Settle $820M Refinery Feud

    Petrobras and Belgium-based Transcor Astra Group want the Texas Supreme Court to weigh in on long-running litigation over a soured Texas refinery partnership and an $820 million settlement tainted by a corruption scandal that engulfed Brazil's state-owned oil giant.

  • November 23, 2020

    Romania Faces Sanctions In $356M Arbitral Award Fight

    A D.C. federal judge has given Romania 14 days to comply with discovery or get hit with contempt sanctions starting at $25,000 per week in a dispute over a $356 million arbitral award won by Swedish investors.

  • November 23, 2020

    Skadden Taps Jones Day Ace To Lead Supreme Court Group

    Skadden Arps Slate Meagher & Flom LLP has nabbed Jones Day LLP appellate litigator Shay Dvoretzky to launch its new U.S. Supreme Court practice, becoming the latest New York-based litigation powerhouse to start focusing more on the high court.

  • November 23, 2020

    EU Formulating 'World First' Green Language For Investors

    The European Commission is seeking responses from the financial sector on proposals for defining which economic activities can be classed as "environmentally sustainable" as the European Union attempts to draft a common language for investors on climate change.

  • November 20, 2020

    Bermann Calls Conflict Between EU And Int'l Law A 'Stalemate'

    The conflict between European Union law and international arbitration has become a "particularly challenging challenge," according to Columbia Law School professor George A. Bermann, who characterized the interplay between the two as a "stalemate" without an obvious answer during a keynote speech Friday.

  • November 20, 2020

    WTO Divided Over Suspending Protection Of COVID-19 IP

    A meeting of World Trade Organization members on Friday revealed deep divisions over a proposal from India, South Africa and other developing nations to suspend the trade body's intellectual property protections related to the coronavirus as part of the global response to the pandemic, a Geneva trade official said.

  • November 20, 2020

    No Extra Discovery For Engineering Co. In Oman Contract Suit

    Parsons Engineering has lost its emergency bid for more time to seek additional evidence about an allegedly biased arbitrator who issued a $24 million award against the company, with a California federal judge finding that "any urgency or potential prejudice is of Parsons's own making."

  • November 20, 2020

    CIT Says Commerce Overstepped With Expedited Duty Review

    The U.S. Department of Commerce exceeded its authority when it ordered expedited reviews to assess the impact of Canadian subsidies on certain lumber imports, the Court of International Trade has said.

  • November 20, 2020

    3 EU States Push To Ready A No-Deal Brexit As Talks Stall

    European Union post-Brexit trade talks with the U.K. remained stuck over crucial questions such as competition and dispute resolution on Friday, as France, Belgium and The Netherlands pressed to step up EU preparations for a disruptive no-deal departure by Britain.

  • November 19, 2020

    Funder Claims Eni Doc Bid In Offshore Oil Fight Is Retribution

    A litigation funder claimed Wednesday that Eni's petition for it to turn over documents is actually "retribution" for the company covering a suit that sees the Italian oil giant facing corruption claims over a Nigerian offshore oil deal.

  • November 19, 2020

    Wind Outfit Seeks To Enforce $63M Award In Investor Fight

    A renewable energy company has urged a Texas federal judge to enforce a $62.9 million arbitration award it won in 2015 against a Chinese-run aerospace corporation for redirecting funding it had promised the business to a competitor.

  • November 19, 2020

    Curtis Chair Rails Against 'Exaggerated' Arbitration Claims

    Investment arbitration has devolved into a system where even "grossly exaggerated" claims that "at times seem to be manufactured out of thin air" can still result in awards for investors worth billions of dollars, Curtis Mallet-Prevost Colt & Mosle LLP chairman George Kahale argued in a recent speech.

  • November 19, 2020

    Venezuela Gold Fight Proceeds Amid Prez Recognition Appeal

    A dispute over who Britain recognizes as the president of Venezuela could be revived as early as January, after a judge refused on Thursday to delay the case any longer amid a potential appeal to the U.K.'s highest court.

  • November 19, 2020

    Ex-Cooley Atty Gets August Trial Date In Corruption Case

    A judge set an August trial date on Thursday for a former Cooley attorney and his wife, an anti-corruption expert, who are charged in connection with an alleged £1.3 million ($1.7 million) corruption scheme. 

  • November 18, 2020

    Paris Court Nixes €452M Building Project Award Against Libya

    An appeals court in Paris has annulled a €452 million (about $536 million) award issued to French electronic component distributor Sorelec following a dispute stemming from a school construction contract, saying Tuesday that the award was based on a corruptly procured settlement.

  • November 18, 2020

    Ag Groups Beg Trump Admin for 'Stability' Amid EU Trade War

    A coalition of agriculture groups urged the U.S. trade representative on Wednesday to reduce trade tensions with the European Union, saying that the coronavirus pandemic has exacerbated an underlying tariff war.

  • November 18, 2020

    Del. Justices Say No Arbitration After First $372M Result

    The Delaware Supreme Court says Eni USA made an improper attempt to get another chance after being hit with a $372 million arbitration award in a dispute with Gulf LNG Energy LLC over an agreement involving a liquefied natural gas facility.

  • November 18, 2020

    Quinn Emanuel Looks To Collect $15M In Unpaid Fees

    Quinn Emanuel Urquhart & Sullivan LLP urged a D.C. federal judge Wednesday to confirm and enforce a $15 million arbitration award for unpaid legal fees after the Indian textile manufacturer it previously represented ignored documents to confirm the amount for more than a year.

  • November 18, 2020

    Engineering Co. Says Biased Arbitrator Delivered $24M Award

    New information shows a $24 million arbitration award was "deeply unfair" and the product of likely bias by the arbitrator, an engineering firm that supervised the faulty construction of a wastewater treatment facility in Oman says.

  • November 18, 2020

    Judge Tells Co. In $2M Award Fight Arbitration Was A Bad Bet

    A Maryland federal judge was skeptical Wednesday of a U.S. contractor's arguments for vacating a $2.36 million arbitral award to a Turkish subcontractor over a construction project at a U.S. Embassy, saying the company should have come to the court instead of choosing to "roll the dice" in arbitration.

  • November 17, 2020

    Texas Judge Nixes Bid To Enforce $18B Saudi Oil Award

    A Texas federal judge on Tuesday refused to enforce an $18 billion arbitral award against Saudi Arabia's state-owned oil giant following a dispute over oil fields, the product of a proceeding "so riddled with irregularities" that it resulted in the criminal convictions of several of the arbitrators.

  • November 17, 2020

    Winston & Strawn Partner Named Chief Of Staff To Jill Biden

    Winston & Strawn partner Julissa Reynoso Pantaleon will serve as chief of staff to incoming First Lady Jill Biden, the transition team for President-elect Joe Biden announced Tuesday.

Expert Analysis

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • 3rd Circ. Could Select Middle Path On Foreign Discovery Law

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    In a circuit split over whether a U.S. foreign discovery law may be used for private arbitration, the Third Circuit in Axion Holding Cyprus may choose a middle ground by finding that private arbitration under the U.K. Arbitration Act involves sufficient judicial oversight to make it subject to the statute, says Adrienne Koch at Katsky Korins.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

  • Opinion

    Why Attacks On Trump's Election Lawyers Are Problematic

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    The vilification of Jones Day and Porter Wright for their involvement in President Donald Trump's election lawsuits is an attack on lawyers' duty to advocate for their clients' causes fearlessly and zealously within the bounds of the law, says Pierce O'Donnell at Greenberg Glusker.

  • Avoiding 6 Common E-Discovery Production Pitfalls

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    Vanessa Barsanti and Sarah Mahoney at Redgrave explore how attorneys can prevent collateral discovery disputes by efficiently overseeing the electronic document review process and ensuring the integrity of the information provided to opposing counsel.

  • What To Expect From US Trade Policy In The Biden Era

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    President-elect Joe Biden’s administration will shift focus away from transactional relationships, focusing instead on multilateralism and rebuilding relations with key allies, even if a number of Trump administration trade initiatives live on, say attorneys at Squire Patton.

  • Law Firm Biz Development Tips For The Pandemic Era

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    Jessica Starr and Monica Ulzheimer at Alston & Bird look at four areas where business development and other law firm administrative teams can take a leadership role in driving practice growth at a time when attorney interactions with clients and peers are limited.

  • Rulings Show Limits Of Federal Agency Vacancy Law

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    Recent court decisions applying the Federal Vacancies Reform Act to invalidate improper presidential appointments of acting federal agency heads have had little evident impact, highlighting shortcomings in the law that could become more acute if the presidency and Senate are controlled by different parties, says Steven Gordon at Holland & Knight.

  • Opinion

    BigLaw Must Drop The Billable Hour To Improve Diversity

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    Implementing pay structures that compensate attorneys for achieving clients' goals rather than measuring success based on hours billed is a necessary first step to keeping underrepresented attorneys in BigLaw, says Elizabeth Korchin at Therium Capital.

  • 8 Tips For Effective Oral Advocacy In Virtual Court Hearings

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    Jim Lofton at Lofton Legally Speaking explains why tightly constructed arguments, the right camera angle and good online behavior are crucial to a powerful virtual courtroom presentation.

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