International Arbitration

  • September 20, 2017

    As 3rd NAFTA Negotiation Looms, Calls For Change Pour In

    Industry groups and lawmakers like U.S. Sen. Elizabeth Warren have ramped up calls this week for what a new North American Free Trade Agreement should look like, as trade officials from the U.S., Canada and Mexico are set to meet this weekend for a third round of negotiations.

  • September 20, 2017

    NY Judge Pauses $19M Arbitration Over Power Plant Project

    A New York federal judge on Wednesday temporarily paused a $19 million arbitration initiated by a Hyundai unit against SantosCMI SA stemming from a power plant construction project gone awry, saying the Ecuadorean company had raised a valid question as to the tribunal's jurisdiction.

  • September 20, 2017

    Glencore Unit Owes $7.3M Award For Impounded Vessel: Suit

    A Glencore International AG subsidiary that chartered a now-impounded vessel to deliver crude oil from Venezuela owes the owner of the ship, Space Shipping Ltd., a $7.3 million arbitration award, the company alleged in Connecticut federal court Tuesday.

  • September 20, 2017

    China Enacts New Arbitration Rules To Protect Its Rights

    China has passed its own arbitration rules set to take effect next month that will apply to disputes involving foreign investment issues, a measure the Chinese government says is necessary to defend its rights.

  • September 20, 2017

    Marathon Oil To Pay $33.1M In Foreign Tax Settlement

    Marathon Oil told a Texas federal court Tuesday that it has agreed to pay a group of limited partners $33.1 million to settle claims that the company cheated them out of millions in foreign tax credits in connection with a gas processing plant in Equatorial Guinea.

  • September 19, 2017

    Maine Lab Accuses Chinese University Of Selling Its Mice

    One of the world’s largest breeders of mice for medical research asked a Maine federal judge on Monday to force arbitration against one of China’s most prestigious universities, accusing it of ripping off its costly research by breeding its mice and selling them for just a fraction of the cost.

  • September 19, 2017

    EU's Bid For A Global Investment Court Won't Come Easy

    The European Union is taking its landmark investment arbitration reform effort global with a formal bid to launch talks for a multilateral investment court, but resistance from investors and a lack of clarity about political momentum suggests a long and contentious path for Brussels.

  • September 19, 2017

    Lloyd's Member Wins Bid To Arbitrate Profit-Sharing Row

    An Illinois federal judge on Tuesday dismissed certain claims brought by a U.S. insurance agency against a Lloyd’s of London underwriting member in a dispute over profit-sharing commissions, saying the insurer had failed to refute an arbitration bid based on a clause contained in some of their contracts.

  • September 19, 2017

    Online Travel Investors Oppose Chinese Co.’s Arbitration Bid

    Former minority shareholders of a failed Chinese online travel agency have opposed in California federal court a bid by a Chinese airline, hospitality, travel and shipping conglomerate to force arbitration of their investor lawsuit over the company's failure, saying the shareholders’ claims fall outside an arbitration provision’s scope.

  • September 19, 2017

    EU Top Court Adviser Says Arbitration Clauses Are Legal

    An arbitration clause included in an investment treaty between the Netherlands and Slovakia does not violate European Union law, a top legal adviser at the bloc's highest court concluded on Tuesday in a finding that goes against the long-standing position of the European Commission.

  • September 19, 2017

    Turkish Man Fights Bosch's Bid To Seize Apt. For $2.7M Award

    A Turkish man fighting against efforts by Bosch's German home appliance arm to enforce a $2.7 million award against him has told a New York federal court that the company's attempt to seize his Manhattan apartment should be rejected because the award is unenforceable.

  • September 18, 2017

    Norwegian Cruise Says Fuel Row Not Subject To Arbitration

    Norwegian Cruise Line on Friday blasted a bid by marine fuel supplier and trader O.W. Bunker USA Inc. to force it to arbitrate its suit looking to recoup money it paid to a local fuel supplier to cover a debt allegedly owed by the bankrupt O.W., telling a Connecticut federal court there's no applicable arbitration agreement.

  • September 18, 2017

    US Still Fighting Boeing Subsidy Ruling At WTO

    Despite scoring a near-total win in the European Union’s World Trade Organization challenge of subsidies and tax breaks given to aircraft titan Boeing, the U.S. government has nevertheless lodged an appeal looking to undo adverse portions of the decision, according to WTO documents circulated Monday.

  • September 18, 2017

    Beverage Co. Seeks Arbitration With Paraguayan Distributor

    Beverage company Monster Energy Co. on Friday asked a California federal court to force a Paraguayan distributor, Galerias Guarani SA, to arbitrate the two companies’ disputes based on a letter agreement, asking the court to declare the agreement as enforceable despite Galerias' protests.

  • September 18, 2017

    Albanian Telecom Says Penalty Up To Court, Not Arbitration

    An Albanian telecommunications company urged a New York federal judge Friday to directly tackle its bid for €700,000 in penalties on top of an already confirmed €1.08 million arbitration award, rather than allow the company on the losing end of the payment dispute to go back to arbitration in Switzerland.

  • September 18, 2017

    Daewoo Seizure Ruling Violates Due Process, 5th Circ. Told

    ThyssenKrupp Mannex GmbH asked the Fifth Circuit on Friday to revisit its decision allowing Daewoo International Corp. to seize a pig iron shipment before kicking off arbitration with an English shipper, saying the panel improperly failed to hear TKM's position on a crucial point.

  • September 18, 2017

    Huntington Tells Crystallex To Lay Off Venezuelan Assets

    Huntington Ingalls Inc. on Friday ripped Crystallex International’s efforts to tie down Venezuelan assets held in a New York trust account in an effort to satisfy a $1.2 billion award, telling a Mississippi federal court that the Canadian mining company needs to get its hands away from the pot as the money doesn’t belong to it.

  • September 18, 2017

    Pakistan Wants Arbitration In Water Rights Dispute With India

    Pakistan wants the World Bank to empanel a court of arbitration after talks with India ended Friday with no agreement regarding whether aspects of two hydroelectric power plants being constructed along a system of rivers violate a treaty, according to media reports.

  • September 18, 2017

    Aussie Miner Blasts Chinese Co. For Fraud Innuendo

    Australian gold miner Stonewall Resources Ltd. on Friday accused a Chinese company, which it won a $17 million arbitral award against after it backed out of a deal to purchase mining assets, of publishing misleading notices to its shareholders implicating Stonewall in an investigation for contract fraud.

  • September 15, 2017

    New Arbitration Center Unveiled In Chinese Free Trade Zone

    The China International Economic and Trade Arbitration Commission has established a new arbitration center in one of the country's pilot free trade zones as part of the government's initiative to encourage foreign investment and improve trade infrastructure, according to a Friday notice.

Expert Analysis

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.

  • Can Trump Withdraw From NAFTA Without Congress?

    Gunjan Sharma

    The mention of a possible executive order on the North American Free Trade Agreement raises a complicated constitutional law question: Can President Donald Trump unilaterally, without congressional action or approval, withdraw from NAFTA? There is room for debate, says Gunjan Sharma of Skadden Arps Slate Meagher & Flom LLP.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • PRC Court Refuses To Enforce Singapore Arbitration Award

    James Kwan

    The ruling by the Shanghai No.1 Intermediate People's Court in Noble Resources International v. Shanghai Good Credit International Trade is potentially significant for claimants who are considering using expedited procedures under older versions of the Singapore International Arbitration Centre rules, says James Kwan of Hogan Lovells.

  • Diamond In The Rough: Singapore High Court Lesotho Ruling

    Leng Sun Chan SC

    In another ground-breaking case — Lesotho v. Swissbourgh Diamond Mines — the Singapore High Court has set aside an investor-state arbitral award on the basis that the tribunal exceeded its jurisdiction. This further demonstrates the willingness and competence of Singapore courts to deal with issues concerning public international law and investment arbitration, say members of Baker McKenzie Wong & Leow.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.