International Arbitration

  • June 29, 2022

    Lowenstein Sandler Finds No Impropriety In FINRA Arbitration

    Lowenstein Sandler LLP's independent review of the Financial Industry Regulatory Authority's arbitration system has found no evidence of an improper agreement to remove certain arbitrators from cases, contradicting the findings of a Georgia state judge earlier this year.

  • June 28, 2022

    Shipping Giant Says $2.7M Banana Fight Belongs In SDNY

    Shipping and logistics behemoth MSC Mediterranean Shipping Co. SA has asked the Southern District of New York to step in and block a prominent banana grower from arbitrating its $2.7 million cargo claims, arguing that the claims are "manifestly not subject to any agreement to arbitrate."

  • June 28, 2022

    SL Green Wants Assets Pinned Down In $185M Award Fight

    An affiliate of New York commercial office space giant SL Green Realty Corp. on Tuesday filed an urgent motion asking a federal court in New York to freeze assets belonging to HNA Group as it looks to enforce a $185.4 million arbitral award against the failing Chinese conglomerate.

  • June 28, 2022

    Ukraine Can Arbitrate Against Russia Over Sailor Detention

    Ukraine has snagged a key victory against Russia in arbitration over the 2018 detainment of Ukrainian naval vessels and service members after a Permanent Court of Arbitration tribunal rejected the Kremlin's jurisdictional objections, Ukraine's counsel at Covington & Burling LLP said Tuesday.

  • June 28, 2022

    Russian Vodka Brands Again Caught Up In $50B Award Fight

    Former shareholders of Yukos Oil Co. said Tuesday that a Dutch appeals court has revived their bid to seize the trademarks of two iconic Russian vodka brands, Stolichnaya and Moskovskaya, as they continue their yearslong effort to enforce $50 billion in arbitral awards against Russia.

  • June 28, 2022

    Insurers Can't Block €425M Venezuelan Suits Abroad

    A judge ruled Tuesday that Venezuela's €425 million ($448 million) dispute with two British insurers over a sunken vessel belongs in arbitration in the U.K., but refused to block the country from litigating the case abroad because of state immunity.

  • June 27, 2022

    Investor Must Arbitrate Case Over $36M Hurricane Irma Award

    A Florida federal judge on Monday denied a real estate investment company's request to hear its case against insurance underwriters at Lloyd's and its affiliates, ruling that due to an agreement already in place, the parties must arbitrate the dispute over a delayed $36 million award for Hurricane Irma-related damage.

  • June 27, 2022

    DC Circ. Affirms Romania Must Pay All Of $356M Award

    The D.C. Circuit on Friday affirmed a ruling sanctioning Romania for putting up roadblocks against two Swedish food investors' efforts to enforce a confirmed $356 million arbitral award against the country, rejecting arguments that it's already paid up.

  • June 27, 2022

    Justices Turn Away 2nd Circ. Mongolia Mining Case

    The U.S. Supreme Court on Monday opted not to review a Second Circuit case refusing to revive claims brought in arbitration against Mongolia, despite arguments that the ruling may hurt New York's reputation as a leading venue for U.S.-based arbitrations.

  • June 27, 2022

    Ditching Live Testimony For Declarations Is Risky, Attys Say

    U.S. courts should move cautiously before embracing written statements at bench trials in lieu of live direct examination testimony, lawyers tell Law360, cautioning that their recent use in a high-stakes opioid trial doesn't mean the practice — which is standard in the U.K. — should be widely adopted at home.

  • June 27, 2022

    Swiss Oil Trader Claims $1B Victory In Sberbank Arbitration

    An arbitration tribunal has sided with a Swiss oil company against Russia's Sberbank in a billion-dollar dispute, finding that the lender deliberately caused the bankruptcy of an oil refinery the company was working with.

  • June 24, 2022

    WTO Official Stresses Close Trade Ties Amid Global Crises

    World Trade Organization Deputy Director-General Angela Ellard said Friday that close trade ties and a strengthened WTO are key to helping solve a recent surge of global calamities.

  • June 24, 2022

    Modernized Energy Charter Treaty Would Nix Intra-EU Claims

    A final agreement has been reached on the modernization of the Energy Charter Treaty that would immediately bar European investors from filing investor-state claims against EU member states, according to a Friday announcement.

  • June 24, 2022

    4th Circ. Enforces $2M Award In Philippine Land Fight

    The Fourth Circuit on Friday affirmed a ruling enforcing a more than $2 million arbitral award stemming from a soured Philippine land sale, ruling for the first time that the validity of an underlying arbitration agreement is not a jurisdictional inquiry.

  • June 24, 2022

    Vinson & Elkins Names 3 Int'l Dispute Resolution Heads

    Vinson & Elkins LLP announced Friday it has named three new leaders in its international arbitration practice based in Europe, the Americas, the Middle East and North Africa, reflecting the internationalization of the practice.

  • June 24, 2022

    Crowell & Moring Hires Disputes Atty From Allen & Overy

    Crowell & Moring has hired Werner Eyskens as a partner at its Brussels office as the firm strengthens its international disputes resolution practice.

  • June 24, 2022

    Supreme Court Overturns Roe v. Wade

    The U.S. Supreme Court on Friday upheld a Mississippi abortion ban and overturned the constitutional abortion right established nearly 50 years ago in Roe v. Wade, setting the stage for a widespread rollback of abortion rights in many statehouses around the country.

  • June 23, 2022

    Tribunal's Decision On Intra-EU Pacts Could Start Trend

    An investor-state tribunal has held for the first time that arbitration between EU member states and the bloc's investors cannot proceed because an underlying arbitration clause violates EU law, and while the issue remains controversial, some experts believe other tribunals could soon follow suit.

  • June 23, 2022

    Casino Mogul Must Give Deposition In $63M Bartlit Beck Row

    A billionaire casino tycoon who owes more than $63 million in a fee dispute with Bartlit Beck LLP must give a deposition and finish responding to discovery requests the firm sent in its collection efforts, an Illinois federal judge ruled Thursday.

  • June 23, 2022

    $1.7M Air Cargo Dispute Must Be Arbitrated, Court Rules

    A New York federal judge ruled Thursday that a $1.7 million air cargo transport dispute between logistics company Kuehne + Nagel Inc. and Baker Hughes Co. must be arbitrated, saying the matter fell within the scope of the companies' arbitration agreement.

  • June 23, 2022

    Latham Adds International Arbitration Expert From WilmerHale

    Latham & Watkins LLP has hired a former WilmerHale partner to serve as the global co-chair of its international arbitration practice, the firm announced Thursday.

  • June 23, 2022

    EU Biz Groups Call For Rules For 3rd Party Litigation Funding

    Leading European business trade groups have called on the European Union to develop "appropriate" rules to prevent risks caused by third-party funded lawsuits.

  • June 22, 2022

    3rd Circ. Nixes Bid For Halliburton Docs In German Arbitration

    The Third Circuit on Wednesday tossed a bid by a German gas-storage company to get documents from Halliburton Co. since the German arbitration organization overseeing the underlying dispute was not a "foreign tribunal" and could not compel discovery under a recent U.S. Supreme Court decision.

  • June 22, 2022

    2nd Circ. Got High Court Order Right, Chinese Exporters Say

    A pair of Chinese vitamin C exporters urged the U.S. Supreme Court on Tuesday not to take up a price-fixing case against them for a second time, arguing the Second Circuit correctly followed the high court's first crack at the case when it again tossed the suit.

  • June 22, 2022

    Travel Insurer Asks 2nd Circ. To Uphold Virus Coverage Ruling

    Travel insurer Generali urged the Second Circuit to affirm its win in New York federal court over pandemic-related trip cancellation coverage, arguing that the proposed class actions it faces should be tossed because the policyholders' claims are expressly excluded or fall outside what the policy deems a "covered event."

Expert Analysis

  • Beware Arbitration Clauses That May Bar Inter Partes Review

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    Recent decisions show that the Federal Circuit and district courts are moving toward recognizing that standard arbitration clauses can bar inter partes review at the Patent Trial and Appeal Board, a new landscape that will require careful consideration for parties negotiating patent-related contracts, say attorneys at Ropes & Gray.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Deploying US Discovery In Brazil Following High Court Ruling

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    While the U.S. Supreme Court’s recent decision in ZF Automotive v. Luxshare may be seen as a limitation on the use of discovery in foreign proceedings, there are still many options for litigants deploying U.S. discovery abroad, which is particularly valuable in Brazil, say attorneys at Kobre & Kim.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • High Court Discovery Ruling Will Transform Int'l Arbitration

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    A U.S. Supreme Court decision this week slams the door on Section 1782 discovery in private international arbitration, leaving the status of other arbitral bodies involving treaties or intergovernmental elements in flux, and increasing the importance of selecting the forum and adjudicative body to resolve potential disputes, say attorneys at Hogan Lovells.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • Scope Of Russia's New Blocking Sanctions Is Unclear

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    Russia's recently introduced measures to block transactions with 31 energy companies may substantially extend the purview of its existing economic sanctions, but until the federation issues official guidance about how the measures apply to existing contracts, the practical consequences must be determined on a case-by-case basis, say attorneys at Morgan Lewis.

  • How In-House Legal Leaders Can Drive Corporate Growth

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    Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

  • Attorneys Should Tread Carefully On Job Counteroffers

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    Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.

  • Series

    The Future Of Legal Ops: Time To Get Serious About Data

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    Most corporate legal departments collect surface-level data around their operations, such as costs and time to resolution, but legal leaders should explore more in-depth data gathering to assess how effective an attorney was, how efficiently legal work was performed, and more, says Andy Krebs at Intel.

  • Court Decisions Render Paris Less Appealing For Arbitration

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    The Paris Court of Appeal recently set aside two arbitral awards on the grounds that the tribunals lacked jurisdiction due to incompatibility with EU law, so investors seeking to minimize obstacles in the recognition or enforcement of awards may not choose Paris as their seat for investor-state arbitration, says Tomas Vail at Vail Dispute Resolution.

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