International Arbitration

  • April 09, 2020

    Daiichi Says Court Should Decide Drug Patent Fight Venue

    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.

  • April 09, 2020

    Gas Co. Targets Depository Trust Co. In $2B Award Fight

    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.

  • April 09, 2020

    Chinese Outdoor Goods Maker's $1.1M Award Confirmed

    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.

  • April 09, 2020

    Law360's International Arbitration Editorial Advisory Board

    Law360 is pleased to announce the formation of its 2020 International Arbitration Editorial Advisory Board.

  • April 09, 2020

    Singapore Court Sends $170M Debt Dispute To Arbitration

    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.

  • April 09, 2020

    All Rise? How The UK Is Coping With Remote Hearings

    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.

  • April 08, 2020

    Hogan Lovells Shakes Up Firm Structures With CEO Change

    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.

  • April 08, 2020

    Enforcement Of €290M NextEra Award Will Remain On Hold

    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.

  • April 08, 2020

    Tortilla Cos. Knock Venezuela's Bid To Nix $500M Award Fight

    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. 

  • April 08, 2020

    Third-Party Funders' Business Is Booming During Pandemic

    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.

  • April 08, 2020

    WTO Says COVID-19 Trade Dip May Be Biggest Since WWII

    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.

  • April 08, 2020

    Coal Magnate Can't Escape Fraud Claims In $48M Award Fight

    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.

  • April 07, 2020

    Cahill Gordon Suspends 2020 Summer Associate Program

    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.

  • April 07, 2020

    5th Circ. Says Arbitration Group Not On Hook For $12M Tab

    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.

  • April 07, 2020

    Turkmenistan Beats $76M Industrial Projects Contract Claim

    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."

  • April 07, 2020

    Venezuela Wants $42M Award Fight Nixed Over Bad Service

    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.

  • April 07, 2020

    Chubb Faces Appeal To Block $400M Fire Suit In Russia

    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.

  • April 07, 2020

    NY To Open Virtual Courts To Ongoing Nonessential Cases

    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.

  • April 06, 2020

    Jones Day Hires K&L Gates Atty For Global Disputes Practice

    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.

  • April 06, 2020

    5th Circ. Affirms OK Of $147M Oil Development Award

    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.

  • April 06, 2020

    Serbia Looks To Ax $84M Dairy Farm Claim

    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.

  • April 06, 2020

    Firm Cost-Cutting Has GCs Watchful But Not Worried — Yet

    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.

  • April 06, 2020

    Lloyd's Wants Boy Scouts' Arbitration Approval Reconsidered

    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.

  • April 06, 2020

    Alstom Can Use Expert French Law Evidence In Bribery Fight

    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.

  • April 03, 2020

    Ex-Hospital Owner Sanctioned For Holding Info In Clinic Fight

    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.

Expert Analysis

  • Arbitration Proceedings In The Age Of Virtual Hearing Rooms

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    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.

  • Don't Forget Firm Culture When Adapting To Remote Work

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    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.

  • Conducting Court Hearings Remotely: 12 Considerations

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    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.

  • The Era Of Video Mediation Is Here — Or Is It?

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    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.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    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.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    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.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    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.

  • Remote Depositions: Coming To A Home Office Near You

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    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.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    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 Test Of UK Courts' Ability To Support Foreign Arbitrations

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    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.

  • Confronting The Challenges Of Virtual Mediation

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    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.

  • 3 Steps To Building Effective Teams While On Lockdown

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    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.

  • Client Advocacy Tips For Remote Hearings During COVID-19

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    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.

  • How To Conduct Depositions Remotely

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    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. 

  • Tackling Uncertainty In Pandemic-Related Int'l Disputes

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    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.

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