International Arbitration

  • March 05, 2021

    Venezuela Oil Co. On The Hook For $40M Bond

    A New York judge had to order Venezuela's national oil company to repay about $40 million it owed to a Portuguese pipeline company on a defaulted bond, saying the oil giant failed to prove that it was impossible to repay the debt due to U.S. sanctions.

  • March 05, 2021

    US Blacklists Ex-PrivatBank Owner For Corruption

    The United States said Friday it placed a travel ban on a Ukrainian oligarch and former owner of PrivatBank for his involvement in "significant" corruption as an investigation relating to an alleged money laundering scheme involving billions stolen from the bank remains ongoing.

  • March 05, 2021

    7 Questions For Covington EU Privacy Chief Daniel Cooper

    Covington & Burling LLP's European data protection chief Daniel Cooper talks to Law360 about how data privacy practice has developed over the course of his career and discusses the latest litigation and enforcement trends.

  • March 05, 2021

    US, EU Suspend Tariffs, Aiming To End Aircraft Subsidy Fight

    The U.S. and European Union announced Friday that they will suspend tariffs on more than $11 billion worth of trade as they look to resolve a massive fight over aircraft subsidies that has dominated the transatlantic trade relationship for nearly 17 years.

  • March 05, 2021

    Soccer Club Can't Remove Arbitrator In £340M Takeover Fight

    Newcastle United has lost its bid to remove an arbitrator from the panel considering the club's dispute with the Premier League for scuttling its planned £340 million ($471 million) sale, as a judge rejected claims that the barrister had a conflict of interest.

  • March 05, 2021

    Germany Will Pay Utilities $2.9B For Nuclear Phaseout

    Germany has agreed to pay settlements totaling some $2.89 billion to four energy supply companies, including the Swedish company Vattenfall, to resolve legal disputes that arose after the country decided to phase out nuclear energy following the 2011 Fukushima disaster.

  • March 04, 2021

    2nd Circ. Vacates Sanctions For Donziger In Chevron Case

    A divided Second Circuit panel on Thursday overturned $666,476 in sanctions against Steven Donziger, who helped secure a fraudulent $9.5 billion judgment against Chevron Corp. in Ecuador, saying confusing constraints imposed on his fundraising activity undermined the penalty.

  • March 04, 2021

    Energy Charter Treaty Case Highlights Divide Over Pact's Fate

    A legal adviser for Europe's highest court has concluded that the arbitration provision in a treaty relating to energy investments is invalid under European Union law, a decision that encapsulates a debate about the future of the aging and controversial treaty.

  • March 04, 2021

    Atty Must Arbitrate Fee Dispute With Racehorse Trader

    A California judge on Wednesday ordered an attorney to arbitrate her dispute with a U.K. racehorse auctioneer company, her former client, over fees allegedly due when she represented the company accusing a financier of failing to pay for a racehorse.

  • March 04, 2021

    US Suspends Tariffs On UK Goods In Aircraft Subsidy Fight

    The Biden administration announced Thursday that it will suspend retaliatory tariffs on scores of U.K. products for four months in the hopes of settling a portion of the long-running trade dispute over subsidies to aircraft giants Boeing and Airbus.

  • March 03, 2021

    Ex-Cowen & Co. Banker Must Arbitrate Discrimination Suit

    A former Cowen & Co. LLC banker's claims that he was wrongfully terminated for raising concerns about the firm's potential dealings with a Russian oligarch must be arbitrated, a federal judge in Manhattan said Wednesday.

  • March 03, 2021

    Atlanta Arbitration Group Taps New President For 2021

    The board of the Atlanta International Arbitration Society has elected an independent arbitrator and former Haynsworth Sinkler Boyd PA partner as president for the new term starting in May, the organization has announced.

  • March 03, 2021

    Canada Mining Co. Seeks Arb. Ruling In Mexico Tax Dispute

    Canada's First Majestic Silver Corp. said it's seeking arbitration under the North American Free Trade Agreement to resolve an investor-state dispute with Mexico, which the company has accused of intimidation in response to efforts to challenge a tax reassessment.

  • March 03, 2021

    EU Adviser Says No To Energy Charter Treaty Arbitration

    An advocate general for the European Court of Justice concluded on Wednesday that the arbitration provision in the Energy Charter Treaty is incompatible with European Union law, a decision that backs the position already adopted by many EU member states and the European Commission.

  • March 03, 2021

    Senate Panel Advances Biden's Pick For Top Trade Post

    The Senate Finance Committee unanimously approved the nomination of Katherine Tai to be the next U.S. trade representative on Wednesday, setting the stage for what figures to be quick approval by the full upper chamber.

  • March 02, 2021

    Satellite Co. Investors Want Docs In $1.3B Award Row Back

    Investors in Devas Multimedia Pvt. Ltd. demanded on Tuesday that an Indian government-appointed liquidator relinquish case files he obtained after firing counsel working to enforce the Indian satellite company's $1.3 billion arbitral award against a division of India's space agency.

  • March 02, 2021

    Microsoft Hires Trump Trade Atty, Williams & Connolly Alum

    A former trade attorney from Donald Trump's administration who previously worked on international disputes and arbitration at Williams & Connolly LLP has joined Microsoft Corp. as deputy general counsel for U.S. international trade and its cloud program Azure, according to his LinkedIn page.

  • March 02, 2021

    9th. Circ. Urged Not To Revisit Incense Co. Arbitration Bid

    An Indian businessman is urging the Ninth Circuit not to revisit its decision denying a bid to force him to arbitrate a family dispute over trademarks, arguing that rather than causing confusion, the earlier decision creates uniformity in enforcing international arbitration agreements.

  • March 02, 2021

    US Says No To Arbitrating Ukraine Bank Fraud Property Suits

    The United States urged a Florida federal court to not send a pair of Ukrainian money laundering suits to arbitration, claiming the civil forfeiture proceedings for properties allegedly bought with dirty money could be traced to U.S. law violations.

  • March 02, 2021

    City Adapts To Fading Hope Of EU Market Access Deal

    Britain and the European Union are set to agree to regulatory cooperation this month in a move toward a new relationship in financial services, but experts say that British banks, asset managers and insurers do not expect an early return to free access to the single market.

  • March 01, 2021

    Crystallex Pushes To Keep Citgo Sale Moving Ahead

    Crystallex is pressing a Delaware federal judge to keep its efforts to sell Citgo's parent company to satisfy a $1.2 billion judgment against Venezuela on track during an ongoing appeal, arguing that the country's request for a stay marks the 13th time it's tried to delay the litigation.

  • March 01, 2021

    Italy Escapes Dutch Investor's Renewable Energy Claim

    An international tribunal has rejected claims brought against Italy over the scaling back of economic incentives for solar energy projects, ruling that the country had never agreed to leave the incentive program untouched for the entire 20-year period it was to remain in place.

  • March 01, 2021

    Cruise Line Loses Doc Bid In Stolen Cuban Property Suit

    A Florida federal judge rejected Norwegian Cruise Line's "piecemeal attack" aimed at obtaining 65 privileged documents from a Cuban dock company relating to a stolen property trafficking suit, ruling Friday that the time to object to the dock's privilege assertion had passed.

  • March 01, 2021

    China Threatened With Arbitration Over Nixed Jazz Festival

    China is being threatened with an investment treaty claim after the local government in Haikou, the capital of the island province of Hainan, "inexplicably" pulled out of a project to organize an annual jazz festival there in 2014.

  • March 01, 2021

    Biden Looks To Strike Balance On Trade Enforcement

    The Biden administration said Monday it will prioritize working with allies to address common trade challenges, but acknowledged that unilateral enforcement moves may sometimes be necessary.

Expert Analysis

  • A Post-Brexit Guide To UK-Swiss Disputes

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    Following Brexit, jurisdictional issues in U.K.-Swiss disputes and the recognition and enforcement of foreign judgments will be governed by each country's respective national laws, rather than the Lugano Convention, creating uncertainty and potentially more expense and satellite litigation, say Janine Alexander at Collyer Bristow and Sébastien Collart at 100 Rhône Avocats.

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • Int'l Arbitration Rules Revision Reflects Flexible Approach

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    The International Bar Association's recent update to its Rules on the Taking of Evidence resists prescriptive requirements in favor of a nuanced revision, especially when it comes to areas where technology is altering the practice, say Albert Bates and Zachary Torres-Fowler at Troutman Pepper.

  • Transaction Toolkit For A More Litigious M&A Environment

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    As transaction disputes rise amid evolving market conditions, certain strategies can help companies mitigate risk while remaining live to M&A opportunities, say attorneys at Freshfields.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • Keys To Protecting Clients During Law Firm Dissolution

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    Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

  • How Case Management Orders Can Support New Attorneys

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    Courts are leading the way in ensuring oral argument opportunities for newer attorneys by incorporating innovative language in a variety of orders, and private parties can and should follow suit by incorporating similar language into case management orders, say Megan Jones and Halli Spraggins at Hausfeld.

  • An In-House Counsel's Guide To Better Work Management

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    Amid economic uncertainty and increasing pressure on corporate legal departments to do more with less, work management processes should be aimed at tracking legal teams' every contribution, including routine matters that can be reallocated to nonlegal staff, says Aaron Pierce at LexisNexis CounselLink.

  • Avoiding Materially Adverse Conflicts After New ABA Opinion

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    The American Bar Association's recent guidance on what constitutes materially adverse interests between clients makes clear that lawyers should not take comfort in a current representation just because a former client is not on the opposite side of the v., and those hoping to avoid disqualification should consider five steps, says Hilary Gerzhoy at Harris Wiltshire.

  • Start Preparing For Germany's Corporate Sanctions Act

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    Germany’s soon-to-be-adopted Corporate Sanctions Act carries a presumption of mandatory prosecution but also a defense in cases where reasonable precautions fail to prevent nonmanagers from committing crimes, so companies should start putting such compliance programs into place now, say attorneys at Arnold & Porter.

  • Rebuttal

    US Legal System Can Benefit From Nonlawyer Ownership

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    Contrary to claims made in a recent Law360 guest article, nonlawyer ownership has incrementally improved the England and Wales legal system — with more innovation and more opportunities for lawyers — and there is no reason why those outcomes cannot also be achieved in the U.S., say Crispin Passmore at Passmore Consulting and Zachariah DeMeola at the University of Denver.

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