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International Arbitration
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February 08, 2024
Law360 Seeks Members For Its 2024 Editorial Boards
Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.
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January 26, 2024
Moroccan Grain Tycoon Sees Jail Term For Hiding Assets Cut
An English appeals court on Thursday overturned a contempt of court conviction of a grains importer executive, who was accused of failing to comply with an asset disclosure order over a $3.5 million arbitral award issued to a subsidiary of food specialist Archer-Daniels-Midland Co., or ADM, in Switzerland.
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January 25, 2024
High Court Arbitration Case May Raise More Questions
A petition before the U.S. Supreme Court relating to whether federal judges can permit a party to immediately appeal a ruling compelling arbitration raises related issues that the justices may opt not to resolve, potentially resulting in a decision that only sows more confusion.
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January 25, 2024
Movie Mogul's Wife Can't Escape Discovery In $500M Fight
A New York federal judge has refused to reconsider the bulk of his discovery order related to tax, immigration and financial records held by a Chinese cinema magnate's wife in an investor dispute over a half-billion-dollar arbitral award against her husband.
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January 25, 2024
UniCredit Tries To Halt Impending €450M Judgment In Russia
UniCredit Bank AG urged the Court of Appeal on Thursday to halt claims brought by a Gazprom joint venture in Russia for €450 million ($488 million) under bond guarantees linked to an aborted gas plant project.
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January 25, 2024
Fieldfisher Adds Arbitration Pro With Spanish Partner Hire
Fieldfisher LLP has hired a founding partner of Spanish law firm Claros & Abogados to join its Madrid office as it looks to bolster its dispute settlement practice across Europe and the Americas.
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January 24, 2024
Crypto Lender Nexo Hits Bulgaria With $3B Arbitration Claim
Nexo AG said it has submitted an approximately $3 billion arbitration claim against the Republic of Bulgaria at the World Bank's International Centre for Settlement of Investment Disputes following a raid of the crypto lender's offices in Sofia last year.
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January 24, 2024
Dogecoin Fans Urge Justices To Let Court Hear Coinbase Row
A group of Coinbase users who claim the exchange misled them with murky advertising of a Dogecoin sweepstakes told the U.S. Supreme Court that it should be up to a judge to decide whether their grievances belong in arbitration.
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January 24, 2024
Amyris Says Claim Releases Needed For Post-Ch. 11 Success
Biotechnology company Amyris Inc. told a Delaware bankruptcy judge on Wednesday it needs to eliminate potential shareholder claims in order to emerge from its Chapter 11 case as a successful company.
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January 24, 2024
Apartment, Insurers Settle Stalled Construction Coverage Row
A Tampa, Florida, apartment complex owner and its insurers settled their dispute in federal court over coverage for delayed construction after mediation, they said Wednesday in a joint settlement notice.
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January 24, 2024
India's Zee Pushes Sony To Withdraw $10B Deal Termination
Zee Entertainment on Wednesday issued a statement calling on Sony Group's India unit to "immediately withdraw" the termination of its agreement to buy Zee for $10 billion, adding that it has approached India's National Company Law Tribunal for assistance in closing the deal.
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January 24, 2024
Investors Seek Upfront Payment In Spain's €120M Energy Row
Two investors urged an English court on Wednesday to make Spain's challenge to a €120 million ($131 million) arbitral award for slashing its economic incentives for renewable energy investors conditional on the state paying the full amount upfront.
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January 23, 2024
Australia, US, UK Sanction Russian Over Medibank Hack
Officials from Australia, the U.S. and the United Kingdom revealed Tuesday that they had sanctioned a Russian national believed to have played an integral role in a 2022 cyberattack that hit Australian health insurer Medibank Private Ltd., marking the first time the three nations have made such a coordinated strike.
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January 23, 2024
50 Cent Can Look At Ex-Liquor Boss's Assets For $7M Award
A Connecticut bankruptcy judge is allowing rapper Curtis "50 Cent" Jackson's cognac company to examine assets belonging to its former brand manager, a move that could help the artist behind "In Da Club" recover a roughly $7 million judgment for claims accusing the now-insolvent ex-employee of stealing from the business.
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January 23, 2024
$57M Morocco Hotel Award Can't Be Enforced, 3rd Circ. Hears
An investment firm urged the Third Circuit on Monday not to force it to pay a $57 million arbitral award issued against its former subsidiary following a dispute over a mismanaged luxury hotel, saying the suit is an act of desperation by a hotel owner with nowhere else to turn.
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January 23, 2024
Oligarchs May Be Exploiting Art Facilities To Dodge Sanctions
Facilities storing valuable artwork should be on the lookout for designated Russian individuals who may have squirreled away pieces in order to evade international sanctions, the National Crime Agency warned Tuesday.
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January 22, 2024
2nd Circ. Tosses Arbitration Ruling In Ousted Chair's Suit
The Second Circuit on Monday vacated an order refusing to halt arbitration initiated by the ousted former chairperson of software investment company The Resource Group International Ltd., who was forced to resign in late 2021 following a widely reported sexual harassment scandal.
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January 22, 2024
DC Circ. Mulls Enforcing $486M Award Against Djibouti
The D.C. Circuit spent the better part of an hour Monday morning trying to sort out the intricacies of a dispute between the Republic of Djibouti and a Dubai-based state-owned shipping coordinator over a $486 million arbitral award.
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January 22, 2024
Sony Ignites Potential Legal Battle In Nix Of $10B Zee Merger
Sony Group's India unit said Monday it has terminated its planned $10 billion merger with Zee Entertainment after the two sides failed to close the deal by a final deadline, although Zee claimed it doesn't owe a related $90 million termination fee and threatened potential "legal action."
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January 22, 2024
Skyscraper's Ties To Laundering Cut After Sale, Judge Told
Two Miami businesspeople told a Florida federal judge that a pair of Ukrainian oligarchs lost their investment in a Louisville, Kentucky, skyscraper when an entity turned over the deed to avoid foreclosure on the property in 2018, countering the government's claim of a connection to a money laundering scheme.
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January 22, 2024
Zimbabwe Can't Escape $125M Award In England
England's High Court has nixed the Republic of Zimbabwe's bid to set aside an order enforcing a $125 million arbitral award against it, finding the country's argument that it was immune from the jurisdiction of the English courts was "irrelevant."
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January 19, 2024
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 19, 2024
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.
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January 19, 2024
Lima Takes Dispute Over Arbitrator Complaint To DC Circ.
Peru's capital city of Lima is appealing a D.C. federal judge's order directing the city to turn over a criminal complaint it filed against arbitrators adjudicating claims against it related to a highway project and concession contract, maintaining that the judge issued the order before considering the city's immunity defenses.
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January 19, 2024
22-Year ICSID Vet Proposed To Succeed Retiring Kinnear
World Bank Group President Ajay Banga has proposed that a 22-year veteran of the International Centre for Settlement of Investment Disputes replace Secretary-General Meg Kinnear when she steps down from her position later this year.
Expert Analysis
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US Security Exception Proposal May Undermine The WTO
A U.S. proposal, floated earlier this month, to clarify that the General Agreement on Tariffs and Trade's essential security exception is wholly self-judging would provide an unfettered ability for a country to avoid any of its World Trade Organization obligations, further destabilizing the WTO and international rule of law, say attorneys at Akin Gump.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Investment Arbitration May Aid Stakeholders In Russian Cos.
Though Russian countermeasures against international sanctions have caused many foreign investors' assets to become trapped in Russia, arbitration mechanisms provide investors with opportunities to recover significant monetary damages for their losses, say Eric Leikin and Photeine Lambridis at Freshfields.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Climate Change Clarifications To Expect From World Court
The upcoming International Court of Justice advisory opinion on climate change could help frame states' obligations and shape businesses' climate strategies, and the proceedings provide stakeholders with the opportunity to present their views on environmental responsibilities, say attorneys at Covington.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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In Arbitration, Consider The Influence Of State Laws
A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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11th Circ. Ruling Widens Path To Arbitral Award Vacatur
The Eleventh Circuit’s recent decision in Corporación AIC v. Hidroeléctrica — which held that the grounds for vacating an arbitral award are set in domestic law — brings the circuit in line with other courts of appeals and is an important decision for a number of reasons, says David Zaslowsky at Baker McKenzie.