International Arbitration

  • November 19, 2019

    Developer Wants Arbitration Order In Korean 'Smart City' Fight

    A real estate developer has urged a New York federal court not to dismiss its suit against a South Korean construction company related to the development of the Songdo smart city, saying the court has the authority to issue a declaration that the dispute belongs in arbitration.

  • November 19, 2019

    Businessman Loses $92M Mozambique Fishing JV Claim

    Mozambique has beaten a $92.6 million claim initiated by a South African businessman who alleged that his investment in a partially state-owned joint fishing venture has been wrongfully expropriated, after an international tribunal concluded that the underlying treaty was not in force.

  • November 19, 2019

    Trump's Tariff Powers Take A Glancing Blow From Trade Court

    With a short procedural decision last week, the U.S. Court of International Trade delivered the firmest rebuke yet of President Donald Trump's use of national security tariffs and potentially offered a roadmap for other companies that may look to fight future White House duties.

  • November 18, 2019

    Cruise Line Seeks Nix Of Suit Over Using Cuban Dock

    MSC Cruises has urged a Florida federal court to toss a suit from a Havana port’s ex-owner accusing the cruise line of trafficking in stolen property by using the terminal, saying that the former owner had failed to specify which acts constitute such trafficking.

  • November 18, 2019

    Venezuela Oil Co., Trustee Reach Deal On $1.68B Bonds

    Venezuela's state-owned oil company has reached an agreement to take off the table for bondholders Citgo shares that back $1.68 billion worth of government bonds due to mature next year, under a forbearance agreement that extends until the litigation ends.

  • November 18, 2019

    Incense Co. Wants High Court To Weigh In On Brothers' Fight

    The owner of an Indian incense manufacturer has urged the U.S. Supreme Court to take up his dispute with his brother over trademark rights arising from their father’s business, raising the question of whether nonsignatories to an international arbitration agreement can force arbitration.

  • November 18, 2019

    Texas Co. Defends Opposition To $5.3M Saudi Award

    A Houston-based transportation and logistics company told a Texas federal judge it shouldn't have to pay attorney fees for a $5.3 million arbitral award in a contract dispute with a Saudi Arabian company, saying its opposition to the award isn't frivolous.

  • November 18, 2019

    Cryptoassets Get Boost As Judges Settle Key Legal Question

    Cryptoassets can be treated as physical property under English law, senior judges concluded Monday in a decision designed to position the U.K. as a leading jurisdiction in financial and legal technology. 

  • November 15, 2019

    Funds Defend $9M Award In Chinese Real Estate Arbitration

    A bid to vacate a $9 million costs award issued in a dispute over a $200 million investment deal involving a Chinese real estate developer is a "Hail Mary" based on a "fictitious" account of the underlying arbitration, a pair of venture capital funds argued in California federal court.

  • November 15, 2019

    Manchester City's Appeal Of Finance Probe Rejected

    The Court of Arbitration for Sport said Friday that Manchester City’s appeal of a Union of European Football Associations decision to initiate a probe of potential finance rule violations must be dismissed, as the club was attempting to challenge a a ruling not yet final.

  • November 15, 2019

    HK Justice Secretary Injured Prior To Arbitration Lecture

    Hong Kong's Justice Secretary Teresa Cheng, a former chair of the Hong Kong International Arbitration Centre, was injured on Thursday after falling while surrounded by protesters in London, where she had been slated to give a speech on the evolution of investor-state arbitration.

  • November 15, 2019

    EU Hits Colombia With WTO Case Over Frozen Fry Duties

    The European Union hit Colombia with a World Trade Organization complaint Friday, saying that the country is unfairly imposing anti-dumping duties on frozen French fried potatoes from Belgium, Germany and the Netherlands.

  • November 15, 2019

    EU Gives UK Clearinghouses Longer Brexit Buffer

    The European Commission said Friday it will give U.K.-based clearinghouses more time to seek to continue serving European Union markets if Britain leaves the bloc at the end of January.

  • November 14, 2019

    Trump Panama Hotel Suit Plows Ahead in NY, As Stay Is Nixed

    A Manhattan federal judge waived off a bid to stall discovery in fraud litigation brought by owners of luxury hotel units in Panama after they argued that President Donald Trump's management companies had violated a previously-agreed-upon pause.

  • November 14, 2019

    Romania Says Enforcement Of $330M Award Must Be Paused

    Romania has asked a D.C. federal judge to stay his confirmation of a $330 million arbitral award against the country until Bucharest's appeal is decided.

  • November 14, 2019

    Insurer Wants Zip Line Co. Sanctioned For 'Baseless' Suit

    The Hong Kong arm of AIG urged a Florida federal court on Thursday to sanction a zip line operator for filing "frivolous" litigation centering on whether a yearslong dispute over coverage for a $66.5 million personal injury award must be arbitrated or litigated.

  • November 14, 2019

    Hungary Must Pay €7M To British Agricultural Co.

    Hungary was ordered Wednesday to pay €7.15 million ($7.9 million) to a British agricultural company that claimed its leasing rights to state-owned farmland had been expropriated, after an international tribunal rejected arguments that the claim was barred under European Union law.

  • November 14, 2019

    Sater Can't Ax Money Laundering Suit, Kazakh City Says

    The city of Almaty, Kazakhstan, and one of the country’s banks are urging a New York federal court not to dismiss their suit accusing Felix Sater and others of helping to launder about $440 million.

  • November 14, 2019

    No Brexit? Then Name A Commissioner, EU Says

    The European Commission took steps Thursday toward taking the U.K. to court over its refusal to nominate a new commissioner to serve in Brussels, saying the country still has to live up to its obligations after its exit from the European Union was delayed again in October. 

  • November 13, 2019

    Gambia Targets Myanmar At World Court Over Rohingya

    Gambia has initiated an unusual claim against Myanmar at the International Court of Justice that seeks to hold the southeast Asian nation accountable for alleged genocide against the Rohingya, its Muslim minority population.

  • November 13, 2019

    Ukraine Says Tatneft Award Ruling Exposes Sovereign States

    Ukraine is asking the U.S. Supreme Court to determine whether it has sovereign immunity in litigation filed by the Russian energy company PAO Tatneft to enforce a $112 million arbitral award, arguing that a lower court has made it "open season on sovereigns" in the District of Columbia.

  • November 13, 2019

    Ex-Nike Running Coach, Doctor Appeal 4-Year Doping Bans

    The former head coach of Nike's now-defunct professional long-distance running program and a sports doctor associated with the project have appealed to the Court of Arbitration for Sport over the four-year suspensions issued against them by the American Arbitration Association.

  • November 13, 2019

    No Harm To Halliburton From Arbitrator's Past, Chubb Says

    Chubb’s choice of arbitrator in a Deepwater Horizon dispute didn't put Halliburton at a disadvantage, the insurer told the U.K.’s top court on Wednesday in a closely watched case that could clarify the test for apparent bias in arbitration.

  • November 13, 2019

    PRA Warns Insurers To Mull Risks To UK Pensioners In France

    The Bank of England’s regulatory arm has warned insurers to seek legal advice after France rejected a proposal that would see cross-border insurance claims continue to be paid if the U.K. leaves the European Union without a deal or transition period.

  • November 12, 2019

    9th Circ. Backs Boeing's $200M Win In Ukraine Space Co. Row

    A Ninth Circuit panel on Tuesday backed up The Boeing Co. in a suit against its Ukrainian partners in a defunct satellite launching project, affirming a $200 million judgment and ending nearly a decade of litigation that stretched across the U.S., Sweden, Russia and the U.K.

Expert Analysis

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • How Hague Enforcement Initiative Compares To EU Regimes

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    The Hague Conference on Private International Law's latest convention on cross-border enforcement may create an international dispute resolution framework, and could provide the U.K. with useful alternatives to EU regimes in the event of a no-deal Brexit. However, it is not guaranteed to be a true game-changer, say Andrew Stafford and James Chapman-Booth of Kobre & Kim.

  • NY Law May Remain Best Bet For Enforcing Foreign Awards

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    The scope of the recently adopted Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters is more limited than New York's Article 53, which raises the question of whether the U.S. should ratify it, say Oksana Wright and Philip Langer of Fox Rothschild.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • New Best Practices Under E-Discovery Spoliation Rule

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    The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • How Law Firms Can Create Content Decision Makers Will Read

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    According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

  • The Future Of Int'l Mediation After The Singapore Convention

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    The Singapore Convention, signed by the U.S. this month, aims to make mediated international settlement agreements as easily enforceable as international arbitration awards, but the differences between the mediation and arbitration processes could pose a possible impediment to the success of the convention, says Gilbert Samberg at Mintz.

  • Opinion

    Litigation Finance Can And Should Protect Its Reputation

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    This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • The Escalating Sanctions Against Venezuela, Russia And Iran

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    The past few weeks saw a flurry of activity demonstrating that imposition and enforcement of economic sanctions against Venezuela, Russia and Iran — and by extension China — continues to be a key driver for the Trump administration in confronting foreign policy challenges, say attorneys at Kirkland.

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