International Arbitration

  • July 19, 2019

    DC Circ. Refuses To Publish Sovereign Immunity Ruling

    The D.C. Circuit declined Friday to reclassify its decision shooting down Ukraine’s sovereign immunity defense in an enforcement action, rejecting a request by a London-based asset manager that is trying to enforce a €128 million ($143.8 million) arbitral award against Spain in a separate suit.

  • July 19, 2019

    Mexican Cos. Tell 10th Circ. $36M Award Wrongly Confirmed

    A Mexican cement company has urged the Tenth Circuit to reverse the confirmation of a $36.1 million arbitral award in favor of a Bolivian investment firm, saying the Colorado federal court lacked jurisdiction over the Mexican parties and should never have enforced the award.

  • July 19, 2019

    Treaty Unlikely To Prompt Sea Change Away From Arbitration

    A treaty adopted this month to enforce foreign judgments could help provide an alternative to international arbitration amid grumbling that the process has become too lengthy and expensive, but it's unclear whether this and similar initiatives will substantively change the way businesses resolve international disputes.

  • July 19, 2019

    Tennis Player Wins Appeal Of French Open Match Sanction

    The director of the Grand Slam Board on Friday reversed a sanction for professional tennis player Anna Tatishvili that was imposed for her failure to meet a “professional standard” after she lost her opening match at the 2019 French Open upon her return from injury.

  • July 19, 2019

    Palestine's Soccer Head Loses 1-Year Ban Appeal

    The Palestine Football Association's president has lost his Court of Arbitration for Sport appeal challenging a one-year FIFA ban for his conduct in telling fans to burn Lionel Messi shirts to protest the soccer legend's plans to play a match with Israel.

  • July 18, 2019

    Texas Co. Says YPF Not Entitled To $1.2M In Atty Fees

    A Texas oil and gas company told a federal court on Wednesday that it has no obligation to pay nearly $1.2 million in costs and fees to YPF SA in litigation to enforce a confirmed $9.87 million arbitral award the Argentine energy giant won against the U.S. company.

  • July 18, 2019

    Citgo Board Fight Should Be 'Crystal Clear,' Chancery Told

    It is "crystal clear" that opposition leader Juan Guaidó is the U.S.-recognized interim president of Venezuela, and thus, has authority to select those who control the state-owned entity that determines who sits on Citgo's board, counsel for Guaidó-backed members told a Delaware vice chancellor Thursday.

  • July 18, 2019

    $1M Storm Damage Coverage Dispute Ends After Settlement

    A Texas federal judge on Wednesday closed a $1 million suit launched by an apartment complex owner over the denial of an insurance claim for storm damage after the parties in the case agreed to a settlement.

  • July 18, 2019

    EU, Canada Set Sights On Interim WTO Appeals System

    Canada and the European Union confirmed Thursday that they are finalizing an interim arrangement to resolve international trade disputes in the event that the World Trade Organization's Appellate Body is shuttered by the end of this year.

  • July 18, 2019

    Acacia Units Will Pause Mining Arbitration Against Tanzania

    Gold miner Acacia Mining PLC said that two of its subsidiaries are asking to pause their international arbitration proceedings against the Tanzanian government over mineral development agreements to allow its majority shareholder to finish negotiating a settlement.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    Venezuelan Fight Over Citgo Board Heats Up In Chancery

    The fight over who runs Venezuela and its vast oil industry rages on in Delaware Chancery Court as opposition leader Juan Guaidó argued Wednesday that the court should reject an attempt by rival Nicolás Maduro to have the court install certain members on Citgo’s board of directors.

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    'Kindness, Humility, Wisdom': Justices Remember Stevens

    A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.

  • July 17, 2019

    The Stories They Tell About Justice Stevens

    Justice John Paul Stevens had a legendary reputation as one of the most humble and caring members of the court. His clerks related some tales that show why.

  • July 17, 2019

    Hear Justice Stevens In 5 Memorable Moments On The Bench

    Justice John Paul Stevens was known for being collegial and kind, but he also wasn’t one to mince words. Listen to a few of the justice’s most memorable words from the bench, in majority opinions, sharply worded dissents and at oral argument.

  • July 17, 2019

    Justice Stevens' High Court Legacy In 4 Charts

    In this data deep-dive, Law360 examines retired Justice John Paul Stevens’ long tenure, his relatively breezy confirmation, his transformation from a run-of-the-mill Republican appointee to runaway liberal, and the legacy that lives on in his clerks.

  • July 17, 2019

    Huntington Ingalls Says $129M Award Holds

    Huntington Ingalls fired back Wednesday at the Venezuelan Ministry of Defense’s argument that a $128.9 million award issued to the shipbuilder can’t be enforced because the tribunal didn’t comply with the terms of the arbitration agreement when it moved the proceedings to Brazil, saying the argument “conveniently ignores the facts of this case.”

  • July 17, 2019

    Carpatsky Cleared To Gather Asset Info Over $147M Award

    A Ukrainian company's efforts to nix requests for information about its assets at home failed Wednesday, with a Texas federal judge saying U.S.-based Carpatsky Petroleum Corp. is entitled to round up the details necessary to decide the best way to collect a $147 million arbitral award.

  • July 17, 2019

    Trump Org. Can't Protect Records In Panama Hotel Fraud Suit

    A Manhattan federal judge on Wednesday rejected the Trump Organization's plea for a special secrecy deal in a fraud suit brought by owners of luxury hotel units in Panama after the Trump Organization voiced concerns that "highly-proprietary" information could be leaked.

  • July 17, 2019

    Kazakhstan Says It Has No US Assets For $500M Award

    Kazakhstan has urged a D.C. federal court to halt two Moldovan energy investors from seeking information they say is needed to collect a half-billion-dollar arbitral award against the country, arguing their efforts are "burdensome" and irrelevant because it has no attachable U.S. assets.

  • July 17, 2019

    Brazilian Cos. Get OK Of Seizure Order In $48M Award Row

    A New York federal judge gave several Brazilian companies permission to secure assets belonging to a U.S.-based billionaire accused of orchestrating a fraudulent transfer aimed at cheating them out of a $48 million arbitral award.

  • July 16, 2019

    A Look Back At Justice Stevens' Most Important Opinions

    Justice John Paul Stevens wrote over 1,000 opinions in his 34 years on the U.S. Supreme Court, leaving a footprint in the court’s jurisprudence still visible today. Here, Law360 looks back at his most important decisions, from landmark First Amendment cases to those involving the separation of powers.

  • July 16, 2019

    Justice John Paul Stevens' Brand Of Judicial Humility

    His critics called him a "liberal activist." His fans? A "liberal icon." But those who worked for Justice John Paul Stevens remember a common law judge who took things one case at a time.

  • July 16, 2019

    Retired Justice John Paul Stevens, Hero To Left, Dead At 99

    Retired Justice John Paul Stevens, a World War II veteran who became a liberal icon during his more than three decades on the U.S. Supreme Court, died Tuesday at 99, the Supreme Court said.

Expert Analysis

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Opinion

    IOC Erred In Focus On State-Sponsored Russia Doping Theory

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    The Court of Arbitration for Sport’s reversal last week of the International Olympic Committee's 2017 lifetime Olympic ban of the Russian minister of sport revealed deep flaws in the IOC's process of disciplining individuals for alleged state-sponsored doping by Russian athletes, says Ronald Katz at GCA Law Partners.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • International Arbitration Can Help Africa's Energy Sector

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    As an emerging force in the energy industry, sub-Saharan Africa offers attractive investment opportunities but also presents elevated risk profiles for inbound foreign direct investments. International arbitration clauses, which African governments are gradually embracing, will boost investors' confidence, says Leigh Crestohl of Zaiwalla & Co.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • Competing Legal Factors Vex Insurance Arbitration Disputes

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    The Fifth Circuit ruled in May that international arbitration policy trumped state insurance law in McDonnel Group v. Great Lakes Insurance. But the courts have been inconsistent in applying conformity-to-statute clauses, the McCarran-Ferguson Act and a related U.S. treaty in the battle between federal preemption and state reverse preemption, says Gilbert Samberg at Mintz.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • Obstacles For Calif. As It Seeks Spot As Int'l Arbitration Venue

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    A law passed last year will allow attorneys not admitted in California to represent clients in international arbitration there, but more needs to be done to make the state an attractive arbitration venue for international companies, says Ken Hagen of FedArb.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.

  • Q&A

    A Chat With Ballard Spahr Diversity Chief Virginia Essandoh

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    In the final installment of this monthly series, legal recruiting expert Carlos Pauling from Major Lindsey & Africa talks with Virginia Essandoh about the trends and challenges she sees as chief diversity officer at Ballard Spahr.

  • Series

    Judging A Book: McMahon On 'Roosevelt For The Defense'

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    In "Theodore Roosevelt for the Defense," authors Dan Abrams and David Fisher meticulously chronicle the forgotten high-profile 1915 libel trial of Teddy Roosevelt, capturing the interesting legal customs of an era before things like notice pleading and pretrial discovery, says Chief U.S. District Judge Colleen McMahon of the Southern District of New York.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.