International Arbitration

  • November 21, 2019

    3rd Circ. Won't Rethink OK'ing Seizure Of Citgo Parent Shares

    The Third Circuit will not rehear its decision allowing Crystallex International Corp. to seize shares in Citgo's parent company to enforce an arbitral award now worth more than $1.4 billion against Venezuela, according to a Thursday order.

  • November 21, 2019

    Arbitration Cybersecurity Protocol Outlines Best Practices

    A new cybersecurity protocol for international arbitration unveiled Thursday aims at providing guidance to arbitrators, institutions and arbitration users on topics including baseline security measures, while making clear that it's the responsibility of all involved in an arbitration to address this increasingly important issue.

  • November 21, 2019

    Naftogaz Says Texas Co. Can't Seek Discovery Dispute Fees

    Ukrainian energy company Naftogaz urged a Texas federal court Wednesday to deny a bid for attorney fees by the Dallas-based oil and gas reserves auditor of Russian energy giant Gazprom, related to a now-withdrawn subpoena that sought documents for use in litigation to enforce a $2.56 billion arbitral award against Gazprom.

  • November 21, 2019

    DC Firm Adds International Arbitration Pro As Counsel

    The Law Offices of Charles H. Camp PC has gained an international arbitration attorney who brings extensive experience representing clients in commercial and investor-state arbitration proceedings around the world.

  • November 20, 2019

    Restatement Looks To Resolve Divisive Int'l Arbitration Issues

    Highlights of the Restatement of the U.S. Law of International Commercial and Investor-State Arbitration were unveiled on Wednesday during New York Arbitration Week, with presenters touching on a variety of thorny topics in the practice area, including manifest disregard of the law and a statute allowing parties to seek discovery for proceedings abroad.

  • November 20, 2019

    Kyrgyzstan, Construction Biz Fight Over $25M Bill For Road

    The Kyrgyz Republic and a Turkish construction company have teed up in a D.C. federal court to decide how a $25 million bill the country’s transportation ministry ran up should be paid, a month after a federal judge approved the award.

  • November 20, 2019

    Singapore Court Denies Slot Club Investor's $200M Award

    A Singapore appellate court has reversed a lower court's decision that favored a $200 million arbitral award to an investment firm following a dispute over a slot gambling club, saying the award can’t be enforced because the parties did not choose the seat of arbitration.

  • November 20, 2019

    PR Law Firm Execs Can't Arbitrate Bankruptcy Claims

    A Puerto Rican federal judge has rejected an attempt by the former directors of a bankrupt law firm to move mismanagement claims against them into arbitration, saying the arbitration clause in the firm bylaws can’t stop the Chapter 7 trustee from taking her claims to court.

  • November 20, 2019

    Dems On NAFTA 2.0 'Wild Goose Chase,' GOP Says

    President Donald Trump and congressional Republicans on Wednesday stepped up their criticism of the sluggish pace of the revised North American Free Trade Agreement ratification process after House Democrats continued to push for improvements to the deal’s labor rules.

  • November 19, 2019

    PDVSA Contractor Gets 18 Months In Prison For Bribery

    A Venezuelan native who paid bribes to secure lucrative energy contracts with Petroleos de Venezuela SA was sentenced Tuesday to 18 months in prison by a federal judge in Houston and ordered to continue making payments on a $9 million judgment against him.

  • November 19, 2019

    Energy Co. Exec Says Doc Bid Circumvents Brazilian Law

    A Brazilian energy trading company executive urged a Florida federal court to nix an order allowing another energy trader to subpoena him for documents to be used in arbitration over a soured power purchase agreement, arguing Monday that the bid violates Brazilian law and arbitral rules.

  • November 19, 2019

    Developer Wants Arbitration Order In Korean 'Smart City' Fight

    A real estate developer has urged a New York federal court not to dismiss its suit against a South Korean construction company related to the development of the Songdo smart city, saying the court has the authority to issue a declaration that the dispute belongs in arbitration.

  • November 19, 2019

    Businessman Loses $92M Mozambique Fishing JV Claim

    Mozambique has beaten a $92.6 million claim initiated by a South African businessman who alleged that his investment in a partially state-owned joint fishing venture has been wrongfully expropriated, after an international tribunal concluded that the underlying treaty was not in force.

  • November 19, 2019

    Trump's Tariff Powers Take A Glancing Blow From Trade Court

    With a short procedural decision last week, the U.S. Court of International Trade delivered the firmest rebuke yet of President Donald Trump's use of national security tariffs and potentially offered a roadmap for other companies that may look to fight future White House duties.

  • November 18, 2019

    Cruise Line Seeks Nix Of Suit Over Using Cuban Dock

    MSC Cruises has urged a Florida federal court to toss a suit from a Havana port’s ex-owner accusing the cruise line of trafficking in stolen property by using the terminal, saying that the former owner had failed to specify which acts constitute such trafficking.

  • November 18, 2019

    Venezuela Oil Co., Trustee Reach Deal On $1.68B Bonds

    Venezuela's state-owned oil company has reached an agreement to take off the table for bondholders Citgo shares that back $1.68 billion worth of government bonds due to mature next year, under a forbearance agreement that extends until the litigation ends.

  • November 18, 2019

    Incense Co. Wants High Court To Weigh In On Brothers' Fight

    The owner of an Indian incense manufacturer has urged the U.S. Supreme Court to take up his dispute with his brother over trademark rights arising from their father’s business, raising the question of whether nonsignatories to an international arbitration agreement can force arbitration.

  • November 18, 2019

    Texas Co. Defends Opposition To $5.3M Saudi Award

    A Houston-based transportation and logistics company told a Texas federal judge it shouldn't have to pay attorney fees for a $5.3 million arbitral award in a contract dispute with a Saudi Arabian company, saying its opposition to the award isn't frivolous.

  • November 18, 2019

    Cryptoassets Get Boost As Judges Settle Key Legal Question

    Cryptoassets can be treated as physical property under English law, senior judges concluded Monday in a decision designed to position the U.K. as a leading jurisdiction in financial and legal technology. 

  • November 15, 2019

    Funds Defend $9M Award In Chinese Real Estate Arbitration

    A bid to vacate a $9 million costs award issued in a dispute over a $200 million investment deal involving a Chinese real estate developer is a "Hail Mary" based on a "fictitious" account of the underlying arbitration, a pair of venture capital funds argued in California federal court.

  • November 15, 2019

    Manchester City's Appeal Of Finance Probe Rejected

    The Court of Arbitration for Sport said Friday that Manchester City’s appeal of a Union of European Football Associations decision to initiate a probe of potential finance rule violations must be dismissed, as the club was attempting to challenge a a ruling not yet final.

  • November 15, 2019

    HK Justice Secretary Injured Prior To Arbitration Lecture

    Hong Kong's Justice Secretary Teresa Cheng, a former chair of the Hong Kong International Arbitration Centre, was injured on Thursday after falling while surrounded by protesters in London, where she had been slated to give a speech on the evolution of investor-state arbitration.

  • November 15, 2019

    EU Hits Colombia With WTO Case Over Frozen Fry Duties

    The European Union hit Colombia with a World Trade Organization complaint Friday, saying that the country is unfairly imposing anti-dumping duties on frozen French fried potatoes from Belgium, Germany and the Netherlands.

  • November 15, 2019

    EU Gives UK Clearinghouses Longer Brexit Buffer

    The European Commission said Friday it will give U.K.-based clearinghouses more time to seek to continue serving European Union markets if Britain leaves the bloc at the end of January.

  • November 14, 2019

    Trump Panama Hotel Suit Plows Ahead in NY, As Stay Is Nixed

    A Manhattan federal judge waived off a bid to stall discovery in fraud litigation brought by owners of luxury hotel units in Panama after they argued that President Donald Trump's management companies had violated a previously-agreed-upon pause.

Expert Analysis

  • Brexit's Impact On London As A Top Int'l Arbitration Seat

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    Despite concerns that London may be considered a less attractive place to do business post-Brexit, there are many reasons to believe that the city will retain its position as a globally favored arbitral seat, say Adrian Jones and James Wagner at FaegreBD.

  • How To Increase Diversity In International Arbitration

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    Halliburton v. Chubb, a case involving alleged arbitrator bias pending before the U.K. Supreme Court, spotlights the need for more diverse international arbitration panels, and offers an opportunity for the arbitration community to discuss global solutions, says Liliana Veru-Torres of Clyde & Co.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • A Better Specific Jurisdiction Test For Cross-Border Discovery

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    The Second Circuit's nonparty jurisdictional criteria for Section 1782 discovery purposes in a foreign proceeding — laid out in its recent Application of Antonio Del Valle Ruiz decision — is murky, difficult to apply and inequitable; I propose a simpler, fairer test, says Gilbert Samberg of Mintz.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • Kenya’s New Energy Tribunal: Best Of Both Worlds?

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    As Kenya begins to commercialize its oil reserves, it has created a new Energy and Petroleum Tribunal that offers a dispute resolution process combining elements of arbitration and litigation, says attorney Aaron Koenck.

  • 5 Trends Influencing RFPs For Law Firms

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    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

  • Series

    Why I Became A Lawyer: Being There For Families In Trouble

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    My parents' contentious, drawn-out divorce was one of the worst experiences of my life. But it taught me how to be resilient — and ultimately led me to leave corporate litigation for a career in family law, helping other families during their own difficult times, says Sheryl Seiden of Seiden Family Law.

  • Where Law Firm Partners Go When Changing Jobs

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    We reviewed 177 law firm partners' job changes from the last seven years and discovered some migration patterns and gender dynamics, say James Bailey of the George Washington University School of Business and Jane Azzinaro of Cognizant.

  • 3 Ways To Leverage Vulnerability For Lawyer Well-Being

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    Admitting to imperfection is an elusive construct in the legal industry, but addressing this roadblock by capitalizing on vulnerabilities can increase personal and professional power, says life coach and attorney Julie Krolczyk.

  • New Data Shows BigLaw's True Profitability

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    Based on an analysis adjusting BigLaw operating income and revenue to account for equity partners and taxes, the profitability of firms is lower than commonly thought, says Madhav Srinivasan at Hunton.

  • 11th Circ. Ruling Strenuously Protects Arbitration Pacts

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    Although it could be interpreted as going too far, the Eleventh Circuit's recent sanctions award in Inversiones v. Del Monte serves as a stern reminder that when parties choose binding arbitration, they agree to forgo litigation altogether, say Jose Ferrer and Anthony Sirven of Bilzin Sumberg.