International Arbitration

  • July 02, 2020

    Alcoa Says Contract Fight With AB InBev Must Be Litigated

    Aluminum giant Alcoa is urging a New York federal court not to force it to arbitrate a patent dispute relating to a type of aluminum used in Anheuser-Busch InBev bottles, arguing that the brewer is targeting the wrong company due to a 2016 corporate restructuring.

  • July 02, 2020

    The Biggest International Trade Stories Of 2020, So Far

    A pandemic, a bitter feud with China and the enactment of a shiny new North American trade agreement were among the many factors keeping companies and their trade attorneys busy in the first half of the year. Here, Law360 breaks down the most essential international trade developments of 2020 so far.

  • July 02, 2020

    New Protocol Aims To Help Move Arbitrations Online

    A protocol aimed at helping the international arbitration community adopt a globally consistent approach to online case management platforms has been released, a document that its authors say they hope will become a reference point for arbitration users looking to move their disputes online.

  • July 02, 2020

    Virtual Arbitration Hearings Prompt Witness Coaching Fears

    The COVID-19 pandemic has forced the arbitration world to move hearings entirely online, prompting concerns that, unbeknownst to opposing counsel and arbitrators, witnesses could be getting subtle — or not-so-subtle — coaching from their attorneys.

  • July 02, 2020

    Senate Sends Hong Kong Sanctions Bill To Trump's Desk

    The U.S. Senate on Thursday gave final approval to a bill requiring sanctions on officials and companies that help the Chinese government diminish Hong Kong's independence, sending the measure to President Donald Trump for his signature.

  • July 02, 2020

    UK Gov't Recognizes Guaidó As Venezuela Prez, Judge Rules

    The British government has "unequivocally recognized" opposition leader Juan Guaidó as president of Venezuela, a judge ruled at a London court on Thursday as he found against the Nicolás Maduro government in a legal battle over access to €930 million ($1 billion) of gold stored at the Bank of England.

  • July 01, 2020

    US Leans On Law Firms For Trade Deal Dispute Panelists

    The Trump administration on Wednesday tapped trade and labor law experts from BigLaw fixtures like Skadden and Clark Hill to serve on panels that will be tasked with resolving disputes under the U.S.-Mexico-Canada Agreement.

  • July 01, 2020

    CORRECTED: House Approves Hong Kong Sanctions Bill

    The U.S. House of Representatives on Wednesday easily passed a bill to require sanctions on companies that help the Chinese government suppress Hong Kong's independence, following the Senate, which approved an identical measure last week. Correction: A previous version of this article incorrectly described the legislative process for this bill. The error has been corrected.

  • July 01, 2020

    Lloyd's Best Buy Death Policy Dispute Sent To Arbitrator

    An Arkansas federal judge on Wednesday sent a dispute between Certain Underwriters at Lloyd's London and a delivery company over coverage of a wrongful death suit to arbitration, saying that Lloyd's status as a foreign company overrules Arkansas law barring arbitration in insurance policies.

  • July 01, 2020

    Investment Co. Seeks OK Of $21M Award Against Chinese Co.

    Investment company Uni-Top Asia Investment Limited urged a D.C. federal court on Monday to confirm a $21.38 million arbitral award it won against the Chinese state-owned Sinopec following a dispute over a share acquisition deal for a Canadian oil and gas company.

  • July 01, 2020

    Unión Fenosa Wins Round In $2B Award Fight Against Egypt

    A London judge declined to set aside an order dispensing with formal service requirements relating to Unión Fenosa Gas' efforts to enforce a $2 billion arbitral award against Egypt after a certificate of service was apparently lost on its way back from Cairo to England.

  • July 01, 2020

    Spain Asks Court To Review Circuit Ruling On FSIA Exception

    The Kingdom of Spain urged a D.C. federal court to consider a recent D.C. Circuit opinion boosting Nigeria's effort to duck a $9 billion arbitral award, saying the opinion backs up Spain's sovereign immunity stance.

  • June 30, 2020

    Medical Parts Co. Says $74M Fight Doesn't Belong In Ga.

    A Japanese medical device and plastics manufacturer is urging a Georgia federal court to halt a $74 million arbitration filed in Atlanta by its former exclusive distributor, which has accused the Japanese company of stealing its customers, saying it never agreed to arbitrate disputes in the Peach State.

  • June 30, 2020

    Coal Co. Snags $12M In Litigation Funds For Row With Poland

    An Australian coal mining company has secured about $12 million in litigation funding (18 million in Australian dollars) from a British capital management firm to pursue a claim in international arbitration proceedings against Poland, saying it will repay the funds if it recovers a damages award.

  • June 30, 2020

    What You Need To Know As NAFTA 2.0 Takes Effect

    After more than 26 years on the books, the North American Free Trade Agreement is being replaced by the Trump administration’s updated accord with Canada and Mexico, bringing with it a bevy of new challenges for companies operating in the region. Here, Law360 breaks down all you need to know about the new trade deal taking effect Wednesday.

  • June 30, 2020

    Venezuela Tells 5th Circ. $138M Award Can't Be Enforced

    Venezuela's defense ministry is urging the Fifth Circuit to overturn an order enforcing a $138 million arbitral award to a U.S. military shipbuilder, arguing that a lower court improperly barred the parties from arbitrating the dispute in Caracas, the venue agreed upon in their 1997 contract.

  • June 30, 2020

    Del Monte Seeks $16.4M Contempt Fine Against Pineapple Co.

    Del Monte called a Costa Rican fruit grower a "thief" Tuesday and asked a Florida magistrate judge to recommend a nearly $16.4 million fine for violating an order to stop growing and selling a particular pineapple variety.

  • June 29, 2020

    Bondholders Say Venezuela Defense In $1.68B Case Falls Flat

    The holders of some $1.68 billion in Venezuelan bonds are arguing that leaked comments made by the country's special attorney general acknowledging the weakness of its legal efforts to protect Citgo undermine arguments from the country's U.S. ambassador that the bonds violate Venezuelan law.

  • June 29, 2020

    WTO Dispute Roundup: Legal Battles Resume Post-Lockdown

    The World Trade Organization's Dispute Settlement Body held its first meeting in more than three months on Monday following a COVID-19 lockdown, and the delegations wasted no time jumping into the fray.

  • June 29, 2020

    UK Supreme Court Will Hear Chubb Russia Fire Suit Appeal

    The U.K. Supreme Court is set to hear an expedited appeal late next month against an English appellate court's ruling that reversed a decision allowing insurer Chubb to continue a $400 million suit in Moscow over a power plant fire. 

  • June 29, 2020

    9th Circ. Told To Dig Into 'Tribunal' Meaning In Discovery Fight

    The former owner of a Chinese hospital has further urged the Ninth Circuit to block an "intrusive and unwarranted" discovery order to hand over documents in a $20 million arbitration initiated by three investors ousted from an in vitro fertilization project. 

  • June 29, 2020

    Justices Refuse To Hear Monster Energy Arbitrator Bias Case

    The U.S. Supreme Court on Monday refused to consider a Ninth Circuit ruling vacating an award issued to Monster Energy after an arbitrator failed to disclose his ownership interest in JAMS, the alternative dispute resolution provider that had administered the arbitration.

  • June 26, 2020

    Carnival Can't Halt Cuban Dock Fight For 11th Circ. Appeal

    A Florida judge rejected Carnival Corp.'s Eleventh Circuit appeal on Friday, finding that the circuit court doesn't need to decide what liability companies have for trafficking property stolen by the Cuban government before litigation concludes in the district court.

  • June 26, 2020

    Canada's Top Court Greenlights Uber Drivers' $300M Suit

    Canada's top court ruled Friday that Uber must face a nearly US$300 million class action alleging it misclassified drivers as independent contractors, saying that arbitration agreements it foisted on them were too one-sided. 

  • June 26, 2020

    Italian Utilities Purchase Fight Shouldn't Be In Pa., Court Told

    A Pittsburgh investment firm can't pursue its claims that it was conned into purchasing three Italian utility companies in Pennsylvania court, because most of the parties are in Italy, defense attorneys told a Pennsylvania federal judge on Friday.

Expert Analysis

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Auto Cos. Should Ramp Up Their Supply Chain Vetting

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    Automotive companies procuring from new sources because of the pandemic or adapting to new requirements of the U.S.-Mexico-Canada Agreement can minimize their compliance risks by implementing full-spectrum, know-your-source due diligence and documenting every aspect of their vetting process, say Gregory Husisian and Jenlain Scott at Foley & Lardner.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • A Midyear Look At Key US Sanctions Developments

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    During an active first half of 2020, the Office of Foreign Assets Control strengthened its sanctions programs, issued new guidance documents and announced several enforcement actions, underscoring that even during a pandemic, sanctions compliance is indispensable, say attorneys at Ropes & Gray.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • UK Appellate Rulings Clarify Arbitral Choice Of Law

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    Two recent U.K. Court of Appeal decisions have changed the operation of the choice-of-law test for arbitration — a resolution as significant as changing the test itself because it affects the implied choices of the contracting parties, say attorneys at Squire Patton.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • What Hong Kong Policy Shift Means For US Finance Cos.

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    Now that the U.S. no longer considers Hong Kong autonomous from China, stateside financial services companies should monitor public company audit reporting, non-U.S. futures and swaps trading, and international capital reporting, say Matthew Kluchenek and Matthew Bisanz at Mayer Brown.

  • USMCA's Labor Dispute Tool Raises Hurdles For Mexican Cos.

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    The U.S.-Mexico-Canada Agreement’s new mechanism for ensuring compliance with Mexico’s labor reforms poses unique challenges for Mexican companies, which now bear the burden of demonstrating that workers' rights are effectively protected, say attorneys at Akin Gump.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

  • Sanctions Order May Accelerate Decline In US-ICC Relations

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    President Donald Trump's recent executive order authorizing sanctions against participants in the International Criminal Court investigation of U.S. military operations in Afghanistan may be intended as a warning, but could become another point of contention for EU states that are increasingly frustrated with U.S. sanctions policy, say attorneys at Crowell & Moring.

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