Daiichi Sankyo Co. Ltd. told a Delaware court Wednesday that it must decide whether its dispute with a U.S. biotechnology company over cancer drug patents must be arbitrated or litigated, saying a magistrate judge created a "new bright-line rule" when she recommended referring the matter to an arbitrator.
A Spanish natural gas company sought information Wednesday from The Depository Trust Company as it pursues litigation in England to enforce a more than $2 billion arbitral award against Egypt, stemming from a gas supply dispute.
A Connecticut federal judge has confirmed a $1.1 million arbitral award issued to a Chinese manufacturer of outdoor equipment and sporting goods after its Connecticut distributor failed to turn up to oppose its petition.
Law360 is pleased to announce the formation of its 2020 International Arbitration Editorial Advisory Board.
The Singapore Court of Appeal concluded Tuesday that a debtor need only prove a disputed debt is subject to an arbitration agreement in order to escape a winding-up application initiated by a creditor, reversing an opposing conclusion reached by a lower court in a $170 million dispute.
With the fast spread of the coronavirus, courts across London are quickly moving legal proceedings out of the courtroom and into the virtual world in a remarkably speedy — though not gaffe-free — transition.
Hogan Lovells is planning to reorganize its practice groups and reshuffle its international leadership when its next global CEO and deputy CEO take over in July, the firm said Wednesday.
Efforts by Dutch subsidiaries of U.S.-based NextEra Energy Inc. to enforce a €291 million ($316 million) award against Spain will remain on hold, although Madrid must agree to promptly pay the award if its ongoing set-aside bid is unsuccessful, an international committee has ruled.
Subsidiaries of a Mexican tortilla manufacturer urged a D.C. federal judge not to toss their suit to enforce a more than $500 million arbitral award against Venezuela, saying the country is relying on a “selective and distorted reading” of federal arbitration law.
The economic turmoil unleashed by the COVID-19 pandemic has left few businesses throughout the world untouched, but for arbitration and litigation funders, the past few weeks may mark the beginning of a boom.
Global trade could drop as much as 32% as a result of the coronavirus outbreak, creating the greatest dip in international commerce since World War II, according to a World Trade Organization analysis released Wednesday.
A coal magnate failed to convince a New York federal judge to drop fraudulent transfer claims made by Brazilian oil companies seeking to enforce a $48 million arbitral award stemming from soured iron contracts.
Cahill Gordon & Reindel LLP has decided to suspend its summer associate program for 2020 in response to the COVID-19 pandemic, the firm announced Tuesday though it says it will pay the associates who had been selected and will offer them full-time positions after graduation.
The American Arbitration Association doesn't have to foot a $12 million legal bill after arbitrators' ethics violations voided the outcome of an arbitration proceeding in a more than $100 million dispute over liability for sinkhole damages, the Fifth Circuit ruled Tuesday.
Turkmenistan has fended off a €70 million ($76.28 million) claim asserted by a Turkish engineering and construction firm over several soured industrial project contracts with Turkmenistan state entities when an international tribunal concluded the claims were "manifestly without legal merit."
Venezuela has urged a D.C. federal court to toss litigation seeking to enforce a $42 million arbitral award against it, saying French plastics company Saint-Gobain Performance Plastics Europe did not properly serve it.
A Turkish engineering company urged an English appeals court Tuesday to block Chubb from pursuing a $400 million suit in Moscow over a power plant fire, saying it shouldn't be up to a Russian court to determine if the litigation breached a London arbitration agreement.
New York state judges will virtually reopen their courtrooms to pending lawsuits and criminal cases next Monday, using new remote video capabilities to unfreeze dockets for "nonessential" actions stalled by the shuttering of physical courtrooms during the coronavirus pandemic.
Jones Day said it has hired a K&L Gates LLP attorney experienced in litigation and international arbitration to work in the law firm's Hong Kong office as a partner with its global disputes practice.
Ukraine's largest oil company must pay a $147 million arbitral award issued to U.S.-based Carpatsky Petroleum Corp. following a soured oil and gas development deal, after the Fifth Circuit on Monday rejected arguments that an alleged undisclosed change in Carpatsky's place of incorporation had invalidated the arbitration agreement.
Serbia has disputed whether former investors in a dairy farm are owed nearly $84 million in damages after the country allegedly wrongly seized their interest in the farm, while also arguing that the arbitration should be dismissed before the damages phase even starts.
Most general counsel aren't yet scared about potential disruptions to their outside counsel services, even as law firms cut staff and pay to reduce the financial impact of COVID-19. But some say their feelings could change if their key lawyers become unavailable.
A Massachusetts federal judge applied the wrong legal standard when she allowed an insurance company to pursue arbitration against Lloyd's of London regarding Boy Scouts of America sexual abuse settlements, the U.K. insurer said.
A London judge on Monday allowed Alstom to use expert evidence on French criminal law at an upcoming hearing that will see two of the French rail giant's units attempt to prevent a €1.56 million ($1.68 million) arbitration award from being enforced in England.
A California federal judge on Thursday sanctioned a Chinese hospital’s former owner for failing to produce documents investors want to use in a $20 million arbitration and foreign litigation in China claiming they were unlawfully pushed out of an in vitro fertilization clinic project.
In these tumultuous times, users of international arbitration may rely on guidance from various arbitral tribunals to virtually proceed with their disputes, but few institutions have addressed the practicalities and challenges of videoconference proceedings, say attorneys at Winston & Strawn.
While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.
As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.
Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.
The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.
Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.
While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.
Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.
In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.
A recent anonymized decision from the U.K. Court of Appeal provides welcome clarification regarding English and Welsh courts' power to compel evidence from third parties, but also highlights some continued uncertainty surrounding court powers in relation to foreign arbitrations, says Nick Storrs at Taylor Wessing.
Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.
When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.
As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.
Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts.
Parties to cross-border transactions must consider that legal concepts with varying meanings across diverse jurisdictions may be applicable in contract disputes stemming from the coronavirus — and boilerplate force majeure language will not be enough, say Luis Perez and Alejandro Chevalier at Akerman.