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International Arbitration
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May 15, 2024
Peru Ducks $154M Claim Over Seized Gold Shipments
Peru has fended off a Miami-based gold trader's $154 million claim accusing the country of unlawfully seizing its gold shipments, after an international tribunal ruled Tuesday that it lacked jurisdiction and that the trader should be on the hook for all costs in the proceeding.
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May 15, 2024
High Court Urged To Take Up Hospital Construction Feud
A pair of arbitration scholars are urging the U.S. Supreme Court to finally resolve whether parties that agree to certain arbitral rules have also agreed to delegate jurisdictional questions to the arbitrator, in a case that centers on a $180 million project to expand a Mississippi childrens' hospital.
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May 15, 2024
Family, Cos. Seek $440M Zimbabwe Award Enforcement
Two forestry and sawmill companies plus a family have asked the D.C. Circuit to enforce approximately $440 million of arbitral awards they won against the Republic of Zimbabwe, saying the court "plainly" has jurisdiction under the arbitration exception contained in the Foreign Sovereign Immunities Act.
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May 15, 2024
Sanctions Give Shipper Force Majeure Escape From Contract
Britain's highest court ruled Wednesday that a shipowner should not be forced to vary the payment terms of a freight contract to overcome a potential force majeure event amid concerns about U.S. sanctions.
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May 14, 2024
Crystallex Special Master Fires Back Against Effort To DQ Him
The special master appointed to oversee the auction of Citgo's parent company to satisfy billions of dollars worth of Venezuelan debt bristled at the country's allegations that he improperly pressured the U.S. to change its sanctions policy to permit the sale to go through.
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May 14, 2024
Mexican Mine Labor Row Ruled Outside Trade Pact's Scope
An international tribunal formed under the U.S.-Mexico-Canada Agreement declined to examine if workers at a Mexican mine were denied collective bargaining rights, finding that much of the 17-year dispute had already been decided under now-defunct labor laws.
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May 14, 2024
Casino App User Can't Hide Arbitration Details, Chancery Says
A mobile app slot-machine player who lost an arbitration dispute with the game's operator may not keep the details of the arbitration award confidential in Delaware court filings, a Chancery Court vice chancellor said Tuesday, denying a request for ongoing confidential treatment.
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May 14, 2024
Insurer Files Another Suit Over Firm's Malpractice Coverage
After dropping a complaint in Washington federal court seeking a declaration that it does not have to indemnify Harris Sliwoski LLP for potential malpractice liability related to a $31 million judgment, Evanston Insurance Co. filed a similar action in New York on Tuesday.
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May 14, 2024
$330M Romania Award Must Be Enforced, DC Circ. Says
The D.C. Circuit on Tuesday refused to overturn a ruling enforcing a $330 million arbitral award against Romania based on a pair of decisions issued by Europe's highest court, saying a federal district judge was obligated under U.S. law to enforce the award.
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May 13, 2024
Deepfakes Could Be Arbitration's Next Gen AI Shake-Up
In a high-stakes arbitration, lawyers for one of the companies present what they say is surveillance video of a bribe being accepted by its opponent's president. They argue the video presents incontrovertible evidence that the case should be decided in their client's favor — and a tribunal might be inclined to agree. But what if it turns out that the video is a fake, generated by artificial intelligence?
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May 13, 2024
Construction Co. Says Guatemala Can't Exit $31M Award Suit
A construction and engineering firm has asked a D.C. federal court not to toss its litigation to enforce $31 million in arbitral awards against Guatemala that arose from unpaid public works contracts, saying local courts already denied the country's claim the awards violate domestic law.
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May 13, 2024
Diaz Reus Attys Dodge Sanctions Over Last-Minute Dismissal Bid
Citing a lack of good cause for sanctions, a south Florida federal judge determined Monday that shareholders in a Venezuela-linked bank cannot penalize Miami-based Diaz Reus & Targ LLP lawyers over allegations they delayed an expected October 2023 trial in a suit alleging the bank's directors breached their fiduciary duty.
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May 13, 2024
Chevron Says $268K Fine For Fake News Clips Must Stand
Chevron on Friday urged the Ninth Circuit to summarily toss a Seattle attorney's appeal challenging an order that he pay $268,000 for filing a fake newspaper article as a court exhibit, saying the attorney is raising arguments that have already been rejected.
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May 13, 2024
Barclays Can Keep $148M Russian Swaps Dispute In London
Barclays has secured a permanent London court order preventing sanctioned Russian state investment company VEB from taking its $147.7 million swaps dispute with the bank away from the U.K. to an arbitration court in Moscow.
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May 10, 2024
Retail Group Opposes $1B Arbitral Award Against Walgreens
An advocacy group for the retail industry is backing Walgreens as it looks to set aside a nearly $1 billion arbitral award in a dispute with a COVID test maker, telling a Delaware federal judge that judicial intervention is warranted in this case.
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May 10, 2024
$1B LNG Claim Won't Be Paused For $15B Keystone Case
Canada has lost its bid to suspend a politically sensitive billion-dollar claim over a stymied liquefied natural gas facility in Québec until a critical jurisdictional issue in a parallel $15 billion claim against the U.S. challenging the cancelation of the Keystone XL pipeline is decided.
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May 10, 2024
Ariz. Judge Allows Insurer To Target DOT For Canadian Arb.
An Arizona federal judge has issued an apparently novel ruling granting a Canadian government-backed insurer's request to subpoena the state's Department of Transportation for use in an arbitration stemming from a hit-and-run accident that took place in Scottsdale, Arizona, in 2016.
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May 17, 2024
White & Case Pro Exits To Launch Boutique's London Office
Veteran White & Case LLP partner David Goldberg is set to add his name to the arbitration boutique of Andrea Pinna, as he launches the London operations of Pinna Goldberg.
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May 09, 2024
Nintendo Gets Switch Suit Stay Pending Patent Review
A Seattle federal judge agreed Thursday that Nintendo could pause an intellectual property suit against it while it seeks to challenge the validity of the patents at issue, saying the plaintiff could not now complain about delays since it waited six years to file its complaint.
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May 09, 2024
Justices Asked To Weigh In On $1.3B India Award Fight
Shareholders of an Indian satellite communications company are pressing the U.S. Supreme Court to clarify the analysis of a highly technical jurisdictional question as they look to revive their bid to enforce a $1.3 billion arbitral award against a state-owned division of India's space agency.
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May 09, 2024
Chinese Tycoon In $500M Debt To Investors To Be Released
A Chinese cinema magnate who owes his investors more than $500 million will no longer be detained on immigration and campaign donor fraud charges, a New York federal court ruled Thursday.
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May 09, 2024
Lawmakers Say Shell, Eni, Nigeria Deals Need Second Look
Two Democratic lawmakers urged the U.S. Department of Justice to reopen a foreign bribery case into an alleged $1.1 billion scheme in Nigeria perpetrated by oil giants Shell and Eni, saying a possible settlement in a related investor-state case could mean more corrupt deals are on the horizon.
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May 09, 2024
Norton Rose Adds To Int'l Arbitration Bench In Houston, DC
Norton Rose Fulbright is one of numerous firms bolstering their international arbitration teams, welcoming three attorneys in Houston and Washington, D.C., from Vinson & Elkins LLP, Sidley Austin LLP and Baker McKenzie LLP.
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May 08, 2024
NAFTA Tribunal Orders US To Redo Duties On Canadian Wood
A panel assembled under the North American Free Trade Agreement ordered the U.S. to redo countervailing duties on Canadian softwood lumber, rejecting the U.S.' conclusion that Canadian lumber companies hadn't fairly paid Ottawa to harvest lumber on government property.
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May 08, 2024
Appeal Court Wrongly Allowed Challenge To $5M Cargo Award
Britain's top court ruled on Wednesday an appellate court was wrong to allow an agriculture distributor to challenge two arbitral awards totaling just over $5 million arising out of a botched sale of pulse cargoes, finding the appeal should not have been granted on the basis of a notional new contract.
Expert Analysis
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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UK Arbitration Ruling Offers Tips On Quelling Bias Concerns
An English court's recent decision in H1 v. W to remove an arbitrator because of impartiality concerns offers several lessons on mitigating bias, including striking a balance between arbitration experience and knowledge of a particular industry, and highlights the importance of careful arbitrator appointment, says Paul-Raphael Shehadeh at Duane Morris.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Bias Ruling Offers Guidance On Disqualifying Arbitrators
An English court's recent decision in H1 v. W, removing an arbitrator due to bias concerns, reaffirms practical considerations when assessing an arbitrator's impartiality, and highlights how ill-chosen language by an arbitrator can clear the high bar for disqualification, say Andrew Connelly and Ian Meredith at K&L Gates.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Examining The Arbitration Clause Landscape Amid Risks
Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.
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Insurance Policy Takeaways From UK Lockdown Loss Ruling
An English court's recent decision in Unipolsai v. Covea, determining that insurers' losses from COVID-19 lockdowns were covered by reinsurance, highlights key issues on insurance policy wordings, including how to define a "catastrophe" in the context of the pandemic, says Daniel Healy at Brown Rudnick.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.