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International Arbitration
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March 07, 2025
1st Circ. Nixes Order Halting Foxconn Patent Arbitration
The First Circuit on Thursday nixed an order barring a subsidiary of Taiwanese electronics manufacturer Foxconn from pursuing arbitration in China of a patent dispute with a U.S. power systems manufacturer while related proceedings at the U.S. International Trade Commission are ongoing.
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March 07, 2025
Mauritius Government Lawyer Joins CMS Affiliate
CMS said an attorney with more than a decade of experience as a Mauritius government lawyer has joined CMS Prism, the firm's Mauritian affiliate.
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March 07, 2025
Off The Bench: NASCAR Feud Grows, ACC Peace, NCAA Wins
In this week's Off The Bench, NASCAR insists that the two teams suing it are the real antitrust bullies, the ACC keeps two valued and valuable members in the fold, and a baseball player ends his court fight to play another year in college.
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March 07, 2025
Peru Broke Trade Deal, Scotiabank Tells Arbitrators
Scotiabank asked the World Bank's international arbitration institution to consider a new argument in a value-added tax dispute with the Peruvian government, saying Peru's treatment of the bank violated a trade agreement with Canada.
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March 06, 2025
Hotel Says 'Wealth Of Detail' Proves Liability For $60M Award
The owner of a luxury Casablanca hotel urged a Delaware federal court on Thursday not to toss its lawsuit looking to hold investors in its former hotel manager liable for a $60 million arbitral award, arguing that its complaint has a "wealth of detail" showing why they should be on the hook.
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March 06, 2025
Sudan Accuses UAE Of Violating Anti-Genocide Treaty
Sudan hit the United Arab Emirates with a claim at the International Court of Justice on Wednesday, alleging that the Middle Eastern country's "unlimited support" of the paramilitary Rapid Support Forces has enabled genocide to be waged against the Masalit people of Darfur.
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March 06, 2025
Mining Co. Seeks Arbitration Of $7B Dispute With Venezuela
The subsidiary of a Bermuda-based mining company asked an international arbitration institution to settle a dispute in excess of $7 billion against the Venezuelan government, saying its actions damaged the company's investments in a mining project.
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March 05, 2025
US Looks For Pause In PetroSaudi $380M Seizure Suit
The United States has asked a California federal court to stay its suit to seize part of a $380 million arbitral award issued to a PetroSaudi unit, saying the civil case is up in the air because the oil producer's sole owner was convicted in August in Swiss criminal court.
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March 05, 2025
Mining Co. Says Colombia Still Owes On $8.9M Award
A British mining and metals company has brought an $8.9 million arbitral award it won against Colombia following a dispute over nickel mining royalties to federal court in Washington, D.C., arguing that the country has only paid a fraction of the amount due.
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March 05, 2025
A&O Shearman Int'l Law Partner Moves To Gibson Dunn
An international arbitration partner from Allen Overy Shearman Sterling has moved to Gibson Dunn & Crutcher LLP and told Law360 Pulse in an interview Wednesday that he was excited to join a team committed to client service and a global powerhouse firm.
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March 04, 2025
Justices Asked To Uphold Ruling Against Anti-Terror Law
The Palestine Liberation Organization is urging the U.S. Supreme Court to affirm a ruling striking down a 2019 law nixing a jurisdictional hurdle for lawsuits stemming from terrorist attacks in Israel and the Palestinian territories, arguing that the law "attempts an end-run around settled constitutional analysis."
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March 04, 2025
Meijer Says 1st Circ. Must Resolve Takeda Arbitration Order
Grocery store chain Meijer on Tuesday urged a Massachusetts federal judge to allow it to immediately appeal his ruling granting Takeda Pharmaceutical's bid to arbitrate the grocer's antitrust claims over a constipation drug, arguing that the case presents several issues that the First Circuit needs to address.
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March 04, 2025
Construction Co. Slams Iraq Attys' Appearance In $120M Suit
Archirodon Construction (Overseas) Co. has asked the D.C. Circuit to block a law firm from representing Iraq as the country fights efforts by the company to enforce a $120 million arbitral award in a dispute over a major port project.
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March 04, 2025
Malawi Telecom Regulator Looks For OK Of $8M Award
Malawi's telecommunications regulator is urging a New Jersey federal court to enforce an $8.6 million arbitration award against a U.S. software company stemming from a soured contract to provide Malawi with a telecommunications monitoring system.
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March 03, 2025
Ruling Nixing $1.3B Award May Be In Jeopardy At High Court
The U.S. Supreme Court appeared poised during oral arguments on Monday to overturn a Ninth Circuit decision refusing to enforce a $1.3 billion arbitral award issued to an Indian satellite communications company, as the justices grappled with a new argument from a unit of India's space agency.
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March 03, 2025
Knicks And Raptors Set Arbitration Hearing In Data-Theft Suit
An NBA arbitration hearing is scheduled to take place in July in the New York Knicks' lawsuit against the Toronto Raptors over claims a Knicks video director hired by the Toronto team had acted as a "mole" and provided his new team with proprietary data.
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March 03, 2025
Insurers Must Proceed With Arbitrating $40M Resort Dispute
A Hawaii federal judge scolded a group of foreign and domestic insurers for ignoring his order to arbitrate a claim for at least $40 million in storm losses at two resorts, saying his ruling "was not advisory."
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March 03, 2025
3rd Circ. Preview: Litigation Funder, J&J Seek Relief In March
The Third Circuit's case lineup this month will task panels with determining if an American litigation funder can keep its dispute with a German law firm in federal court, and whether Johnson & Johnson can decertify class claims accusing the company of artificially inflating its stock price by failing to disclose the alleged cancer risks of its talc products.
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March 03, 2025
Egyptian Tycoon Says Baker Botts Overcharged In $7M Claim
An Egyptian energy mogul has told a London court that Baker Botts LLP breached Solicitors Regulation Authority rules when it failed to control its costs as he continued to fight the firm's claim for $7 million in fees.
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March 03, 2025
Justices Turn Away Peru Mining Pollution Suit
The U.S. Supreme Court on Monday rejected a bid by a mining company controlled by billionaire Ira Rennert to resolve whether the Eighth Circuit incorrectly denied the dismissal of claims raised by over 1,000 Peruvians alleging improper pollution.
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February 28, 2025
Up Next At High Court: Gun Violence Liability & Nuclear Waste
The U.S. Supreme Court will return to the bench Monday to consider Mexico's attempt to hold gun manufacturers and distributors liable for cartel-related gun violence and a nuclear waste site dispute that could determine who can challenge future agency actions.
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February 28, 2025
Russia's $34M Award Suit Appeal Must Be Nixed, Cos. Say
Ukrainian gas companies that won a $34 million arbitral award against Russia urged the D.C. Circuit on Thursday to summarily affirm a ruling rejecting the country's sovereign immunity defense, saying Moscow is just trying to prolong the proceeding with overtly unmeritorious claims.
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February 28, 2025
Kazakhstan Axes $54M Award In Dispute With Mining Co.
Kazakhstan for the second time overturned a $54.5 million arbitral award issued to a Canadian minerals company over a terminated uranium processing project, when a London judge ruled Friday that a tribunal failed to consider the country's arguments on causation and loss.
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February 27, 2025
Honduras Loses Bid To Duck US Developer's $11B Claim
An international tribunal has rejected Honduras' bid for an early exit from a politically sensitive $10.7 billion claim asserted by a U.S. property developer over a nixed law that created special economic zones known as ZEDEs, ruling Wednesday that the developer was not obligated to first exhaust local remedies.
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February 27, 2025
11th Circ. Urged To Revive Captivity Claims Against Cruise Co.
Two former crew members who served aboard a Celebrity Cruises Inc. ship urged the Eleventh Circuit to reinstate their COVID-19 related false imprisonment and intentional infliction of emotional distress claims in a proposed class action against the company, arguing they were wrongly tossed after getting remanded to the lower court.
Expert Analysis
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Int'l Treaties May Aid Investors Amid UK Rail Renationalization
The recently introduced Passenger Railway Services Bill seeks to return British railways to public ownership without compensating affected investors, a move that could trigger international investment treaty protections for obligation breaches, says Philipp Kurek at Signature Litigation.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Should Arbitrators Do More To Encourage Settlements?
In light of discussions on settlement in arbitration, there is a consensus that arbitrators in English-seated proceedings should play a greater role, but determining the extent of that involvement is difficult, as arbitrators can inadvertently place themselves in a position of potential conflict, say lawyers at Dentons.
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2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Indian Top Court Arb. Ruling May Be Anomaly, Not New Path
While the Indian Supreme Court's recent Delhi Metro decision invalidating an arbitral award could be viewed as a troubling departure from the country's efforts to position itself as an attractive arbitral seat, it may also be nothing more than an unexpected detour due to the underlying facts, say J.P. Duffy and Niyati Ahuja at Reed Smith.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Ambiguity Ruling Highlights Deference To Arbitral Process
A New York federal court’s recent ruling in Eletson v. Levona, which remanded an arbitral award for clarification, reflects that the ambiguity exception’s analysis is not static and may be applied even in cases where the award, when issued, was unambiguous, says arbitrator Myrna Barakat Friedman.