International Arbitration

  • November 22, 2017

    WTO Dispute Roundup: Stage Set For High-Stakes Gulf Battle

    In Law360's latest look at the World Trade Organization's Dispute Settlement Body proceedings, a battle among Gulf States that will test the WTO's third-rail national security provisions forged ahead, while the gridlock over Appellate Body vacancies became further entrenched.

  • November 22, 2017

    YPF Gets $10M Award Against Apache Confirmed

    Argentine energy giant YPF SA had an almost $10 million award against oil and gas exploration and production company Apache Corp. confirmed earlier this week, with a Texas federal court finding that the award was properly decided by KPMG LLP partners per an agreement between the companies. 

  • November 22, 2017

    Court Pauses Suit Against Furniture Seller, Citing Settlement

    A Texas federal judge has granted a request to pause litigation brought by two Texas companies and their Chinese owner against a Michigan furniture seller that tried to haul them into arbitration over a contract, after the parties told the court they had agreed to settle and thought a complete resolution was imminent.

  • November 22, 2017

    US Trade Rep Worried NAFTA Talks Making No Headway

    The fifth round of the North American Free Trade Agreement talks concluded on relatively peaceful terms Tuesday, with the parties vowing to continue their work and find a path forward for the 1994 pact, even as U.S. Trade Representative Robert Lighthizer said he remained “concerned about the lack of headway.”

  • November 22, 2017

    What NAFTA Renegotiating Objectives Mean For Arbitration

    Updated renegotiation objectives for the North American Free Trade Agreement that the Trump administration released in recent days have provided more insight into its stance on investment arbitration. Here, Law360 lays out what you need to know.

  • November 22, 2017

    How Associate Bonuses May Highlight BigLaw's Profit Gap

    In past years, many BigLaw firms have played follow-the-leader in matching associate bonuses to those set by the most profitable firms, but as law firm profit gaps grow, experts say it's likely that bonuses at less profitable firms will remain on trend with past years even as their counterparts up the ante for a select few associates.

  • November 21, 2017

    Treasury Sanctions Chinese, N. Korean Companies Over Trade

    The U.S. Department of Treasury said Tuesday that it had sanctioned four Chinese companies and a slew of North Korean companies and vessels in an effort “to disrupt North Korea's illicit funding of its unlawful nuclear and ballistic missile programs.”

  • November 21, 2017

    Bolivian Gov’t Steel Co. Says $18M Award Can’t Be Confirmed

    A Bolivian government-owned steel company pushed a Washington, D.C., federal judge to dismiss a petition to confirm an $18 million arbitration award against it on Monday, arguing its former business partner fumbled the legal requirements to sue a sovereign-owned entity.

  • November 21, 2017

    Petrobras Fights Bid To Arbitrate $400M Oil Rig Defect Suit

    Brazilian oil giant Petrobras on Monday told the Fifth Circuit it doesn’t have to arbitrate a $400 million claim against Spanish manufacturer Vicinay Cadenas SA over an allegedly defective component used in an offshore oil and gas rig.

  • November 21, 2017

    Cut In $23M Award Mooted Bid To Vacate, Builder Says

    The International Chamber of Commerce's $5 million reduction of an arbitration award has made a Spanish construction firm's petition to vacate the award moot, the Italian subcontractor who was granted the award for breach of contract on a Guatemala hydroelectric project told a Florida federal court Friday.

  • November 21, 2017

    Tanzania Claims Immunity In Engineering Co.'s $41M Suit

    Tanzania asked a D.C. federal judge Monday to toss an English civil engineering company’s $41.4 million suit seeking to enforce two foreign judgments stemming from arbitral awards against the country that came out of a dispute over a road rehabilitation project, saying the court lacks jurisdiction.

  • November 21, 2017

    US-China WTO Brawl Still Drawing Other Members' Interest

    A high-stakes World Trade Organization battle over the U.S. policy toward China in anti-dumping probes, which was recently escalated through a case targeting aluminum foil, caught the eyes of other members this week as Japan, Canada and the European Union all requested to keep tabs on the dispute.

  • November 20, 2017

    Korean Co. Says Distribution Deal Row Must Be Litigated

    A Korean LED lighting manufacturer urged a California federal court on Friday not to force arbitration of its $14 million dispute with its U.S. distributor, saying an arbitration agreement between the parties was superseded by subsequent pacts stipulating disputes would be resolved in court.

  • November 20, 2017

    Sharp Seeks Pause In Chinese Co.'s Arbitration Bid

    Sharp Corp. asked a California federal court Friday not to rule on Chinese electronics manufacturer Hisense’s motion to arbitrate claims that it misrepresented the quality of Sharp-branded televisions, telling a California federal court it should first decide if Sharp can challenge the denial of its bid to remand the suit.

  • November 20, 2017

    New Group To Tackle Hacking Risks In Int'l Arbitration

    The International Council for Commercial Arbitration, the New York City Bar Association and the International Institute for Conflict Prevention & Resolution have formed a new group dedicated to tackling cybersecurity risks that can arise in international arbitration, the ICCA announced Monday.

  • November 20, 2017

    9th Circ. Urged To Trim Subcontractor's $1.1M Award Appeal

    An American contractor urged the Ninth Circuit on Friday to trim an Afghan subcontractor’s appeal seeking to revive a $1.07 million arbitration award stemming from a dispute over U.S. government prime contracts for construction in Afghanistan, saying the company seeks review of issues the lower court didn’t address.

  • November 20, 2017

    Clyde & Co. Expands Into Malaysia With New Partnership

    London-headquartered law firm Clyde & Co. LLP said on Monday that it has joined forces with a Malaysian counterpart to work together on insurance, energy and transportation matters across national borders.

  • November 17, 2017

    Salsa Co. Continues Push Against ICC Arbitration Provider

    A Mexican salsa maker told a New York federal judge Thursday that its suit against the International Chamber of Commerce’s North American arbitration provider should be allowed to continue, urging the court to recognize a Mexican court order halting the ongoing arbitration between the sauce company and an investor.

  • November 17, 2017

    Belize Bank Wants Court Order Enforcing $35M Judgment

    The Belize Bank Ltd. asked a D.C. federal court on Thursday for an order authorizing enforcement of a $35.2 million judgment stemming from an arbitral award issued after a dispute with the Belize government over a complex debt guarantee, saying the country may evade its obligations despite a dearth of remaining legal options.

  • November 17, 2017

    In Unusual Move, US Releases 'Updated' NAFTA Goals

    The Trump administration on Friday took the unorthodox step of updating its goals for renegotiating the North American Free Trade Agreement just as talks with Canada and Mexico have begun to hit a rough patch, saving some of its most ambitious changes for the agreement’s investment arbitration section.

Expert Analysis

  • Roundup

    Judging A Book

    Alexander Hamilton and the Development of American Law

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Creditors’ Options In Venezuela’s Disorderly Default

    Javier Rubinstein

    By analyzing the case law from Argentina’s default in 2001 and the terms of the Venezuelan bonds, it is possible to predict how a disorderly default might play out in Venezuela's debt crisis. Attorneys with Kirkland & Ellis LLP examine key elements from Argentina’s default in order to predict whether history is likely to repeat itself.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.