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International Arbitration
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July 01, 2025
Energy Cos. Say Italy Can't Escape $23M In Awards
Three companies looking to enforce $23 million in arbitral awards against Italy in D.C. federal court over revoked renewable energy incentives have opposed the country's new argument saying it has not waived its sovereign immunity since the underlying awards have been set aside.
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July 01, 2025
The Sharpest Dissents From The Supreme Court Term
The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.
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July 01, 2025
Justices Face Busy Summer After Nixing Universal Injunctions
The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
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June 30, 2025
Battery-Maker Says Award Against Tesla Must Be Enforced
Matthews International Corp. has asked a California federal court to enforce an arbitral award against Tesla Inc. that guarantees the global battery maker's right to sell its dry battery electrode equipment to parties other than the electric car giant.
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June 30, 2025
UK Supreme Court Denies Russia Immunity In $63B Yukos Case
Russia has been denied permission to challenge an appellate court ruling in Britain dismissing its attempt to use state immunity to block former investors in Yukos Oil Co. from enforcing more than $63 billion in arbitral awards they won nearly 11 years ago, the investors said Monday.
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June 30, 2025
Supreme Court Passes On FSIA Terrorism Exception Dispute
The U.S. Supreme Court refused Monday to revive litigation filed by victims of nonlethal terrorist attacks seeking to hold Iran and Syria accountable as alleged state sponsors of terrorism, nixing a petition that sought clarity on the Foreign Sovereign Immunities Act's terrorism exception.
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June 30, 2025
Supreme Court Seeks US Input On $440M Cruise Line Case
The U.S. Supreme Court said Monday it wanted the U.S.'s perspective as it considers a petition seeking the reversal of a split Eleventh Circuit decision overturning a $440 million judgment against several cruise companies for allegedly "trafficking" in property seized by the Cuban government.
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June 27, 2025
Borrower Loses Bid To Void $19M Loan Repayment Award
A California federal judge has declined to grant a borrower's request to escape an arbitral award ordering him to repay a $19 million loan from a Chinese businesswoman, ruling he should have instead raised his argument before the arbitrators.
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June 27, 2025
Telecom Co. Says Justices' Opinion Blocks India Argument
Deutsche Telekom AG has asked the D.C. Circuit to reconsider India's argument about its right to due process following a recent U.S. Supreme Court decision about personal jurisdiction and the Foreign Sovereign Immunities Act, saying another high court decision directly answers the country's question.
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June 27, 2025
Off The Bench: Tatis Says Loan 'Predatory,' Tennis Player Suit
In this week's Off The Bench, a Major League Baseball star wants out of a "predatory" loan from a future earnings investment company, a group of migrant workers keep alive their suit accusing companies that helped develop World Cup facilities in Qatar of exploitation and abuse, and the tennis Grand Slam tournaments may be in the crosshairs of players suing the sport's hierarchy.
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June 27, 2025
UK Joins Arbitration Appeals Alternative Amid WTO Paralysis
The U.K. has officially joined a World Trade Organization-led contingency plan designed to keep the door open for appeals in international trade disputes, despite the continued dormancy of the WTO Appellate Body.
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June 26, 2025
Peru Seeks Info For Criminal Cases Tied To Toll Road Row
Peru asked a New York federal judge to allow discovery on a Brookfield unit and major North American banks to aid criminal proceedings involving an allegedly corrupt toll road contract at the heart of $200 million worth of arbitral awards the South American country's capital city has been unable to shake.
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June 26, 2025
Hedge Fund's 'End Run' On Citgo Auction Rejected In NY
A New York federal judge on Wednesday explained his reasoning for shutting down litigation last month filed by affiliates of hedge fund Gramercy seeking to collect nearly $1 billion owed by Venezuela's state-owned oil company, criticizing the affiliates for their "lack of diligence."
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June 26, 2025
Italian Winery Claims $53M Loss From Importer's Interference
The Italian maker of Kris wine is suing its former importer in California federal court on claims that it asserted exclusive rights to the brand and sabotaged new deals after their agreement was terminated, saying the U.S. company breached an arbitration award and caused more than $53 million in damages.
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June 26, 2025
'50 Cent' Liquor Biz Can Target Ex-Boss's Home In Ch. 7
A Connecticut bankruptcy judge ruled that famous rapper Curtis "50 Cent" Jackson's liquor company Sire Spirits LLC can enforce its lien on its former brand manager Mitchell Green's home in Westport to get some recovery for a $7 million fraud judgment against him, even as Green goes through Chapter 7 proceedings.
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June 25, 2025
2nd Circ. Blocks Reed Smith Doc Turnover Order In Eletson Row
The Second Circuit on Wednesday granted Reed Smith LLP's emergency motion to stay a Manhattan federal judge's order to turn over client files amid a conflict over the legitimate ownership of international shipping company Eletson, which is in a dispute with competitor Levona.
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June 25, 2025
PetroSaudi Slams Liquidators' Bid To Pause $380M Award Suit
A PetroSaudi unit pursuing enforcement of a $380 million arbitral award has asked a California federal judge to deny a request by the company's liquidators to pause a federal government suit targeting the award over its alleged connection to funds embezzled from Malaysia.
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June 25, 2025
Tennis Players Ponder Adding Grand Slams To Antitrust Suit
A group of professional tennis players accusing the organizers of the sport's largest competitive events of running an illegal "cartel" is considering adding the operators of the four Grand Slam tournaments as defendants in a proposed antitrust class action, but told a New York federal judge it will wait for further talks with them before deciding.
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June 24, 2025
Cargo Explosion Prompts $32M Va. Suit Amid London Claim
A freight operator has asked a Virginia federal court to let it seize approximately $32 million in maritime property as it pursues arbitration in London for that same amount of damages after its coal cargo exploded while aboard a vessel headed to China last November.
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June 24, 2025
Swiss Shipping Co. Can't Dodge Default In Cargo Dispute
A D.C. Circuit panel on Tuesday upheld the Federal Maritime Commission's default judgment against MSC Mediterranean Shipping Co. SA stemming from a pandemic-era cargo space dispute with a Pennsylvania-based shipper.
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June 24, 2025
Gazprom Must Pay $1.37B In Naftogaz Contract Fight
Ukraine's state-owned oil and gas company has claimed victory in a $1.37 billion arbitration against Gazprom after the Russian state-owned energy giant allegedly failed to pay for natural gas transit services.
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June 24, 2025
Co. Slams 'Overheated' Reed Smith Brief In Shipping Row
Reed Smith should not be allowed to halt court proceedings amid its effort to hold onto a client file sought by postbankruptcy owners of Eletson Holdings Inc., a reorganized international shipping company, amid its ongoing dispute with Levona Holdings Ltd., according to briefs both sides filed before the Second Circuit.
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June 23, 2025
Guatemala Fights $38M Award Enforcement In US Court
Guatemala has asked a D.C. federal court to toss litigation seeking to enforce a nearly $38 million arbitral award issued to a construction and engineering firm in the parties' dispute over highway construction contracts, saying the case has no connection to the United States.
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June 23, 2025
Lima Can't Get $200M Award Enforcement Paused
A D.C. federal judge refused the Peruvian city of Lima's bid to pause enforcement of some $200 million in arbitral awards issued to a highway contractor during an ongoing appeal, saying Friday that the city's mayor has stated publicly that he has no intention of ever paying up.
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June 23, 2025
US Says $1B Keystone XL Pipeline Claim Must Be Axed
The U.S. has urged an international tribunal to nix a $1.14 billion claim brought by a publicly owned marketing firm for Alberta's crude oil industry over the cancellation of the Keystone XL pipeline, repeating arguments that the panel lacks jurisdiction to consider the dispute.
Expert Analysis
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Decoding Arbitral Disputes: UK Awards Versus EU Judgments
The Court of Appeal of England and Wales' recent refusal to enforce a €855 million Spanish judgment inconsistent with earlier binding arbitral awards in England provides crucial guidance for practitioners navigating the complexities of cross-border disputes involving arbitration agreements and sovereign states, says Josep Galvez at 4-5 Gray's Inn.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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UBS Ruling Shows SDNY's Pro-Award Confirmation Stance
A New York federal court's recent ruling upholding an arbitration award in Lakah v. UBS, a long-running dispute over a bond debt default, serves as a reminder that New York courts carry a strong presumption toward binding parties to arbitration agreements and enforcing arbitral awards, say attorneys at Mayer Brown.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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EU's AI Act May Lead To More M&A Arbitration
With the EU's Artificial Intelligence Act and its stiff penalties beginning to take effect, companies acquiring AI targets should pay close attention to the provisions in the dispute resolution clauses of their deal documents, say Nelson Goh at Pallas Partners and Benjamin Qiu at EKLJ.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.