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International Arbitration
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May 31, 2024
A Potential Tipping Point For Transgender Athlete Litigation
After heated policy debates in statehouses and academic institutions, the discourse over participation of transgender athletes in college and amateur sports has spilled into the nation's courts, with a flurry of recent suits and rulings suggesting the judiciary will have its hands full for years to come.
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May 30, 2024
Ex-Citgo Execs Jailed In Venezuela For 5 Years File $400M Suit
Two brothers who both served as Citgo vice presidents filed a $400 million suit in Texas on Thursday accusing their former employer of conspiring with Venezuela's authoritarian government to falsely convict them of financial crimes, resulting in their wrongful imprisonment of nearly five years.
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May 30, 2024
Curaçao Expropriation Suit Tossed Over Sovereign Immunity
A D.C. federal judge on Thursday tossed an Iranian American women's rights activist's $110 million suit accusing Curaçao's banking regulator of unlawfully seizing her stake in a $700 million investment company, saying the regulator has sovereign immunity and that, in any case, no expropriation had taken place.
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May 30, 2024
Swedish Appeals Court Sets Aside €10.6M Italy Award
An appeals court in Sweden has this week set aside a €10.6 million ($11.48 million) arbitral award issued to a Dutch renewable energy firm after Italy dialed back economic incentives for the renewable energy industry, saying the award violates European Union law.
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May 30, 2024
Venezuelan Oil Co. Looks To Slip Asset Seizure Suit
An Oklahoma-based oil drilling company insisted Thursday that the D.C. federal court has jurisdiction to decide claims that the company's Venezuelan subsidiary was illegally expropriated without compensation as Venezuela's state-owned oil company looks to slip the long-running suit.
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May 30, 2024
'South Park'-Quoting Judge Says CEO Can't 'Blame Canada'
In a ruling drawing on the show about four foul-mouthed boys from Colorado, a Pennsylvania federal judge said a CEO who sued his former company could not blame Canada for an unfavorable arbitration ruling in a case where he claimed he was wrongly fired from his post.
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May 30, 2024
Russia Looks To Pause Ukrainian Bank's $1.1B Award Suit
Russia has asked a D.C. federal court to pause a case initiated by one of Ukraine's largest banks to enforce a $1.1 billion arbitral award against the Kremlin, saying it has renewed its efforts to annul the award before the French courts.
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May 30, 2024
King & Spalding Adds Litigation Co-Lead From V&E
King & Spalding LLP has hired Vinson & Elkins LLP's former commercial litigation group co-lead to join the firm in New York as a partner, the firm announced Thursday.
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May 29, 2024
Malaysia Plans Suits Over $14.9B Award To Sulu Claimants
Units of Malaysia's national natural gas company are planning to file litigation in Europe against claimants awarded $14.9 billion and their litigation funder following a high-stakes arbitration with the Southeast Asian country over a 19th-century land deal, according to newly filed documents in New York.
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May 29, 2024
Russian Subway Franchisee Can't Tank Arbitral Awards
A Manhattan federal judge said he won't let a Russian Subway franchise owner win its contract dispute with the sandwich giant, instead granting the fast-food chain's petition to confirm two arbitral awards while denying the franchisee's bid to vacate them.
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May 29, 2024
White & Case Hires DOJ Russian Sanctions Prosecutor
White & Case LLP has hired a veteran U.S. Department of Justice attorney who helped oversee an interagency task force that prosecuted violations of economic sanctions and restrictions placed on Russia following its invasion of Ukraine, the firm said Wednesday.
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May 29, 2024
Anheuser-Busch, Tilray Fight Beer Sale Injunction Bid
Anheuser-Busch InBev and Tilray Brands Inc. want a New York federal court to deny an injunction to a distributor alleging they are interfering with its contract to exclusively export craft beers, saying the contract is unenforceable and the potential harm is only speculative.
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May 28, 2024
Iraq Says $120M Pier Award Enforcement Suit Must Be Nixed
Iraq is fighting a D.C. federal court's default judgment enforcing a nearly $120 million arbitral award issued to a Cypriot engineering firm following a dispute over a massive €204 million ($221.6 million) project relating to a port facility that, once completed, will be among the world's largest.
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May 28, 2024
Chevron Confident As Hess Shareholders Approve $53B Deal
Hess Corp. said Tuesday it has received the necessary stockholder approvals to close its $53 billion sale to Chevron Corp., as Chevron separately expressed confidence that it will prevail in an ongoing dispute with Exxon Mobil Corp. and wrap up the regulatory process soon.
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May 28, 2024
Insurers, Charter School Assoc. Dismiss Ida Damage Row
A New Orleans-area charter school system and its insurers have agreed to dismiss their dispute over coverage for the system's Hurricane Ida damage claims, the parties told a Louisiana federal court Tuesday, saying "all claims and causes of action brought forth in the above captioned matter have been compromised."
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May 28, 2024
Int'l Judge Pushes Back Against Russia Amicus Allegations
Prominent arbitrator and international Judge Charles Brower is pushing back against claims from the Kremlin that conflicts of interest should bar his amicus brief to the D.C. Circuit in support of Yukos Oil Co. shareholders' $50 billion arbitration enforcement.
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May 28, 2024
Berkeley Energia Hits Spain For $1B Over Nixed Uranium Plant
Clean energy company Berkeley Energia Ltd. announced Tuesday that it is seeking $1 billion in preliminary compensation from Spain in international arbitration after the country shut down the company's bid to construct a uranium mine and processing plant.
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May 28, 2024
Israeli Aquaculture Firm Sued Over $21M Unpaid Settlement
An asset management firm based in the Cayman Islands is seeking more than $21 million from an Israeli aquaculture company over an allegedly unpaid settlement agreement intended to resolve earlier arbitration proceedings.
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May 24, 2024
King & Spalding Int'l Arbitration Atty Goes Solo In Chicago
A King & Spalding LLP international arbitration partner based in Chicago announced that he has left the law firm to launch a solo practice focused on investor-state and commercial arbitration and other alternative dispute resolution matters.
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May 24, 2024
Biden's Judicial Impact And What's Left On The Wish List
President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.
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May 24, 2024
Court Upholds Limit To Award In Ecopetrol, Texas Co. Dispute
An arbitration tribunal was within its authority to limit the number of years and the amount that a Houston-based oil company had to reimburse Colombia's state-owned entity, Ecopetrol, for the value-added tax liability of a subsidiary while owned by the company, a New York federal judge determined.
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May 24, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.
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May 23, 2024
Investors Lose $600M Mass Claim Over Cyprus Bank Failures
The Republic of Cyprus said Thursday that an international arbitral tribunal has dismissed an unprecedented $600 million mass claim by Greek depositors and bondholders affected by the restructuring of Laiki Bank and Bank of Cyprus.
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May 23, 2024
Spain Says Energy Treaty Withdrawal Irrelevant In $386M Suit
Spain has told the D.C. Circuit that its announcement of withdrawal from the Energy Charter Treaty does not show it recognizes that it is still bound under the international agreement, contrary to what investors owed about $386 million argued earlier this week.
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May 23, 2024
NY Top Court Revives FanDuel Investors Suit
New York's top appeals court on Thursday revived a suit brought by FanDuel investors who claim they were deprived of profits from a merger, disagreeing with a lower court's interpretation of Scottish law.
Expert Analysis
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Salvaging The Investor-State Arbitration System's Legitimacy
Recent developments in Europe and Ecuador highlight the vulnerability of the investor-state arbitration framework, but arbitrators can avert a crisis by relying on a poorly understood doctrine of fairness and equity, rather than law, to resolve the disputes before them, says Phillip Euell at Diaz Reus.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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ECHR Ruling May Pave Path For A UK Climate Damage Tort
In light of case law on the interaction between human rights law and common law, the European Court of Human Rights' recent ruling in KlimaSeniorinnen v. Switzerland, finding the country at fault for failures to tackle global warming, could tip the scales toward extending English tort law to cover climate change-related losses, say lawyers at Cleary.
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Del. Rulings Make Clear That 'Arbitrator' Isn't A Magic Word
Recent decisions by the Delaware Chancery Court clarify that calling a process an "expert determination" or "arbitration" in a purchase agreement is not sufficient to define it as such, so practitioners must consider how to structure dispute resolution provisions to achieve their clients’ desired result, say attorneys at Troutman Pepper.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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An American Policyholder's Guide To UK Insurance Arbitration
No matter how experienced U.S. policyholders are in stateside disputes, the procedural quirks of U.K. insurance arbitration mean Americans should learn a few key differences between U.S. litigation and London arbitration before heading across the pond, says Robert Jacobs at Blank Rome.
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What's Notable In JAMS' New Mass Arbitration Rules
The Judicial Arbitration and Mediation Services’ recently released guidelines, coming on the heels of similar American Arbitration Association amendments, suggests that mass arbitrations will remain an efficient means for consumers to vindicate their rights against companies, say Jonathan Waisnor and Brandon Heitmann at Labaton Keller.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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As Arbitrator Bias Claims Rise, Disclosure Standards Evolve
The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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In Energy Disputes, Good Arbitration Clauses Are Key
Recent trends have spawned many complex energy disputes that cross jurisdictional boundaries — but arbitration offers an optimal forum for resolving such matters, especially when arbitration provisions in contracts are tailored for the energy sector, say Scott Marrs at Akerman and Andrew Barton at the American Arbitration Association and the International Centre for Dispute Resolution.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.