International Arbitration

  • March 27, 2024

    47 House Dems Urge Changing Trade Deal To Stem Migration

    A large bloc of U.S. lawmakers has called on the Biden administration to remove what the lawmakers say is a damaging investor-state dispute settlement mechanism from the Central America-Dominican Republic Free Trade Agreement, warning federal government officials that it's a primary reason why migrants are leaving the region.

  • March 27, 2024

    McDermott Completes Global Restructuring

    Texas-based energy industry construction firm McDermott International has announced the company successfully completed its cross-border restructuring in the Netherlands and the U.K., noting it has arranged to extend its debt maturities by three years and resolve arbitration liabilities.

  • March 27, 2024

    Czech Republic Can't Bring New Challenge To $350M Award

    A London judge declined Wednesday to let the Czech Republic introduce a new jurisdiction challenge to a $350 million award in favor of a blood plasma company, because the state should have raised the matter in arbitration proceedings.

  • March 26, 2024

    WTO Calls On Australia To Amend Steel Duties On China

    A World Trade Organization panel on Tuesday ruled that Australia flouted certain measures of the intergovernmental organization's so-called Anti-Dumping Agreement when calculating duties on wind towers, stainless steel sinks and railway wheels from China.

  • March 26, 2024

    9th Circ. Says Tanker Can't Be Used To Enforce $10M Debt

    The Ninth Circuit affirmed on Monday that a nearly 800-foot crude oil tanker could not be seized to enforce some $10 million in arbitral awards against a defunct gas shipping company, ruling that the plaintiffs couldn't prove the tanker's owner had helped to hide the shipping company's assets.

  • March 26, 2024

    Ukrainian Gas Cos. Say Russia Can't Escape $35M Award

    Several Ukrainian gas companies have urged a D.C. federal court not to grant Russia's bid to toss their claims seeking to enforce a nearly $35 million arbitral award against the Kremlin, saying the arbitrators already rejected Russia's claims that an underlying treaty doesn't apply.

  • March 26, 2024

    Pierson Ferdinand Lands Global Dispute Attys

    Pierson Ferdinand LLP, the breakaway law firm launched by former FisherBroyles LLP attorneys, has picked up a pair of partners experienced in international disputes who will be based in New York, Washington, D.C., and Miami.

  • March 26, 2024

    Clyde & Co. Eyes Case Against Switzerland Over Credit Suisse

    Clyde & Co. LLP said it is currently soliciting claimants for a possible mass claim to be filed against Switzerland a year after the country forced a distressed sale of Credit Suisse to UBS along with a write-down of $17.5 billion of the bank's bonds to zero.

  • March 25, 2024

    Difficult Issues May Blur Choice On Investment Protection

    Contradictory stances toward investment protection within Latin America — including at least one country completely reversing its previous position on the issue — illustrate that while investment arbitration is facing very legitimate criticisms, a country's stance on the issue isn't always black and white.

  • March 25, 2024

    Lender Wins $44M Award In Shanghai Real Estate Feud

    A California federal court has enforced a $44 million arbitral award issued to a British Virgin Islands lender as repayment for a loan to a Chinese entity to finance a Shanghai real estate project, rejecting arguments that the arbitration violated the parties' underlying agreement.

  • March 25, 2024

    McDermott Settles Colombian Refinery Fight With $900M Deal

    A Colombian refinery company that was granted a $1 billion arbitration award against global engineering giant McDermott International Ltd. has resolved its long-standing dispute with an agreement that gives the refinery company a settlement package amounting to about $900 million.

  • March 25, 2024

    Chiquita MDL Parties Urge Fla. Judge To Ax Trial Testimony

    Parties in the multidistrict litigation against Chiquita Brands urged a Florida federal judge Monday to exclude each other's witnesses ahead of the upcoming bellwether trials, saying they were not timely disclosed and have no direct knowledge of the claims in the case.

  • March 25, 2024

    Hemp Co. Needs Atty Or It'll Lose Bid To Upend $3.9M Award

    Cannabis company Neptune Wellness Solutions Inc. must replace its legal counsel, who quit after not getting paid, a federal judge in Manhattan has ordered, warning that failure to do so will result in the dismissal of its bid seeking to dodge a $3.9 million arbitration award.

  • March 25, 2024

    Justices Won't Review 11th Circ. $285M Arbitrator Bias Suit

    The U.S. Supreme Court on Monday declined to review an Eleventh Circuit decision refusing to vacate $285 million in arbitral awards issued to the operator of the Panama Canal, a case that the petitioners said raised questions about the standard by which courts may nix awards over an arbitrator's "evident partiality."

  • March 22, 2024

    Telecom Shareholders Want Tribunal DQ'd Over 'Biased' Blog

    The majority shareholders in a Latin American telecommunications tower operator are urging a New York court to reconsider its bid to disqualify the entire tribunal overseeing an arbitration over an alleged corporate coup, saying a blog run by one of the arbiters shows proof of bias.

  • March 22, 2024

    Google Can Arbitrate Collusion Claims While Apple Beats Suit

    For the second time, a California federal judge has forced into arbitration antitrust claims brought by a Golden State crane operator training school accusing Google of paying off Apple to not develop its own search engine while dismissing the rest of the claims against both tech behemoths.

  • March 22, 2024

    5th Circ. Asked For Do-Over In Hurricane Coverage Feud

    The owners of a New Orleans apartment complex urged the Fifth Circuit to rethink ordering them to arbitrate Hurricane Ida damage claims under New York law, arguing New York's choice-of-law clause would ordinarily be unenforceable under Louisiana law if it weren't couched within the arbitration provision.

  • March 22, 2024

    Ex-Mishcon De Reya Atty Talks Switching To Litigation Finance

    After 20 years in private practice, and a summer holiday in the wake of a mammoth $11 billion arbitration case, former Mishcon de Reya LLP partner Zachary Segal made the switch to a litigation finance firm where the commercial arbitration lawyer is eyeing opportunities in emerging markets.

  • March 22, 2024

    Commerce Lifts Block On Transnational Subsidy Probes

    The U.S. Department of Commerce erased a nearly 40-year-old regulation on Friday so it can impose countervailing duties on subsidies China provides its trade partners, despite opposition from foreign governments that the move would conflict with World Trade Organization obligations.

  • March 22, 2024

    Top Dutch Court Blocks Russia's Last Bid For Vodka TMs

    Former Yukos Oil Co. shareholders said Friday that the Netherlands' top court has thrown out Russia's final bid to stop their seizure of over a dozen renowned Russian vodka trademarks in an effort to enforce $50 billion in arbitral awards.

  • March 21, 2024

    Panama Seeks To Enforce $4.8M Arbitration Award

    Panama urged a Florida federal court on Thursday to enforce a $4.8 million arbitral award against a Miami businessman and his construction firm following a dispute stemming from contracts to build hospitals, a municipal hall, a courthouse and other facilities.

  • March 21, 2024

    Canadian Energy Co. Seeks $140M In Tunisia Arbitrations

    Energy production and development company Zenith Energy Ltd. has announced that it is pursuing several arbitrations against the Republic of Tunisia and its national oil company, saying the claims currently stand at approximately $141 million due to actions taken by the country's Ministry of Hydrocarbons.

  • March 21, 2024

    Sigma Lithium Says It Will Fight LG Energy Arbitration

    Lithium producer Sigma Lithium Corp. said it plans to fight an arbitration initiation by battery-maker LG Energy Solution Ltd. before the American Arbitration Association's International Centre for Dispute Resolution.

  • March 21, 2024

    UpHealth Claims $110M Win In Glocal Control Fight

    Global digital health company UpHealth Inc. says an arbitral panel has awarded it more than $110 million following a dispute that arose out of its subsidiary's acquisition of Glocal Healthcare Systems in 2020 — even as Glocal decried the award as "one-sided and perverse."

  • March 20, 2024

    Russian F1 Driver's EU Sanctions Over Oligarch Father Lifted

    A Formula One racing driver and son of a Russian oligarch has won his fight to lift European Union sanctions, with a court ruling Wednesday there was insufficient evidence to prove that his business interests were benefiting from his fathers' wealth.

Expert Analysis

  • UK Compulsory Mediation Ruling Still Leaves Courts Leeway

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    An English Court of Appeal recently issued a landmark decision in Churchill v. Merthyr Tydfil County, stating that courts can compel parties to engage in alternative dispute resolution, but the decision does not dictate how courts should exercise this power, which litigants will likely welcome, say lawyers at Herbert Smith.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Russia Ruling Shows UK's Robust Jurisdiction Approach

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    An English High Court's recent decision to grant an anti-suit injunction in the Russia-related dispute Renaissance Securities v. Chlodwig Enterprises clearly illustrates that obtaining an injunction will likely be more straightforward when the seat is in England compared to when it is abroad, say lawyers at Linklaters.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The State Of UK Litigation Funding After Therium Ruling

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    The recent English High Court decision in Therium v. Bugsby Property has provided a glimmer of hope for litigation funders about how courts will interpret this summer's U.K. Supreme Court ruling that called funding agreements impermissible, suggesting that its adverse effects may be mitigated, says Daniel Williams at DWF Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Nix Of $11B Award Shows Limits Of Arbitral Process

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    A recent English High Court decision in Nigeria v. Process & Industrial Developments, overturning an arbitration award because it was obtained by fraud, is a reminder that arbitration decisions are ultimately still accountable to the courts, and that the relative simplicity of the arbitration rules is not necessarily always a benefit, say Robin Henry and Abbie Coleman at Collyer Bristow.

  • Int'l Arbitration Doesn't Have To Be Slow And Expensive

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    Anton Maurer at JAMS offers a series of practice points aimed at reducing the cost and delays of international arbitration, such as avoiding overbroad document discovery, without harming the result of the proceedings.

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