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International Arbitration
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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.
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June 23, 2025
Milbank Atty Opens NYC Disputes Firm With 2 Past Colleagues
A former Milbank LLP partner known for his work on high-profile international arbitrations announced Friday that he has teamed up with two former colleagues to launch a disputes boutique in New York City that he hopes will fill the gaps often left by how BigLaw decides which matters to take on.
Expert Analysis
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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Inside The Premier League's Financial Regulation Dilemma
The Premier League's arbitration award in its dispute with Manchester City Football Club has raised significant financial governance concerns in English football, and a resolution may set a precedent in regulatory development, say consultants at Secretariat.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Inspecting The New Int'l Arbitration Site Visits Protocol
The International Bar Association's recently published model protocol for site visits is helpful in offering a standardized, sensible approach to a range of typical issues that arise in the course of scheduling site visits in construction, engineering or other types of disputes, say attorneys at V&E.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Webuild Ruling Complicates Arb. Award Enforcement In US
A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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5 Takeaways From UK Justices' Arbitration Jurisdiction Ruling
The U.K. Supreme Court's recent judgment in UniCredit Bank v. RusChemAlliance, upholding an injunction against a lawsuit that attempted to shift arbitration away from a contractually designated venue, provides helpful guidance on when such injunctions may be available, say attorneys at Fladgate.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.