International Arbitration

  • July 16, 2020

    McGuireWoods Picks Up Partner For London Office

    An experienced energy litigator and arbitrator has joined the London office of McGuireWoods LLP as partner, according to the firm.

  • July 16, 2020

    Top EU Court Strikes Down Popular Data Transfer Tool

    The European Union's top court on Thursday invalidated the popular Privacy Shield tool used to transfer data across the Atlantic, but upheld the use of standard contractual clauses to legally move personal information outside the bloc. 

  • July 15, 2020

    US Extends Protections On Citgo In Venezuelan Bond Case

    The Trump administration on Wednesday extended protections barring the holders of Venezuelan bonds from executing on Citgo, the "foreign crown jewel" of Venezuela's oil industry, which was pledged as collateral to the bondholders by Venezuelan President Nicolás Maduro in an allegedly illegal 2016 deal.

  • July 15, 2020

    Soros Says $10B Guinea Mining Row Should Stay On Hold

    George Soros is asking a New York judge to continue a pause on litigation filed by companies associated with Beny Steinmetz over axed Guinean mining rights, saying a reported settlement between the Israeli billionaire and the West African country could make the lawsuit a moot point.

  • July 15, 2020

    Panel Confirms FIFA's Life Ban Of Former AFF President

    The Swiss Court of Arbitration for Sport confirmed a 2019 FIFA decision Tuesday banning former Afghanistan Football Federation President Keramuddin Karim from soccer, following allegations of sexual abuse.

  • July 15, 2020

    McCullough Robertson Partner Joins IAC London Chambers

    Veteran Australian arbitration attorney Russell Thirgood has joined new specialized London chambers of independent arbiters and mediators within the International Centre of Arbitration.

  • July 15, 2020

    Fraudsters Target Investors In New Sophisticated Scams

    Investment firms and clients have been hit by a fresh wave of schemes in which criminals set up complex bogus networks that have fleeced victims of millions in total, asset managers have warned.

  • July 14, 2020

    All Eyes On EU High Court Review Of Top Data Transfer Tools

    Europe's top court is poised to decide on Thursday the fate of a pair of popular cross-border data transfer mechanisms, in a ruling that is expected to have sweeping implications for the way information flows out of the European Union and how regulators scrutinize these exchanges.

  • July 14, 2020

    Qatar Snags Win In Int'l Court Challenge Over Blockade

    The International Court of Justice has given Qatar an initial win in a dispute with four neighboring countries over sovereign airspace, rejecting claims that a United Nations agency specializing in civil aviation lacks jurisdiction to rule on Doha's challenge to a 2017 aviation blockade.

  • July 14, 2020

    Lloyd's Pushes 9th Circ. For Arb. In $6.3M Boxer Dispute

    An underwriter for Lloyd's of London is asking the Ninth Circuit to send a $6.3 million coverage dispute with a former professional boxer to arbitration, saying the boxer's haste in suing over the coverage for a career-ending injury shouldn't keep the underwriter from enforcing the policy's arbitration agreement.

  • July 14, 2020

    Canadian Miner Makes Good On Tanzania Arbitration Threat

    Canada's Winshear Gold Corp. will bring an investor-state claim against Tanzania after its investment in the country was allegedly rendered worthless, the company said Tuesday, announcing at the same time that it had enlisted the help of an unnamed third-party funder.

  • July 14, 2020

    In Their Words: Why Diversity At The Bar Is Still A Problem

    Three prominent U.S. Supreme Court litigators speak on why the court’s bar continues to have a diversity problem – and how it might be fixed.

  • July 14, 2020

    The Year's Top High Court Moments From Law360's The Term

    Remote arguments. Gorsuch siding with liberals on LGBTQ rights. A mysterious flush. It's been a surprising year at the high court, and Law360's The Term podcast team shares four big takeaways.

  • July 14, 2020

    Surprising Alliances Shape The Supreme Court Term

    The U.S. Supreme Court saw a drop in narrowly divided rulings and more than a few unusual alliances among the justices in a term packed with contentious cases on abortion, immigration, LGBTQ rights and agency authority.

  • July 14, 2020

    Divided WTO Poses New Challenges For Incoming Leader

    The World Trade Organization is preparing to select its new leader during a tumultuous time of disunity among its members, and its wobbling negotiating functions and legal system make the task of advancing the global trade body more difficult than ever.

  • July 14, 2020

    Why Can't Female Lawyers Make Headway At The High Court?

    The number of female lawyers arguing before the U.S. Supreme Court hit a new low this year. Can the pipeline to these coveted oral argument slots be fixed?

  • July 14, 2020

    Law360's Supreme Court Pop Quiz

    Test how closely you were paying attention to the explosive 2019-2020 Supreme Court term.

  • July 13, 2020

    Cruise Line Urges Arbitration Bid Review In Crew Injury Suit

    Seven Seas Cruises has urged the Eleventh Circuit to order a Florida district court to reconsider whether arbitration is required in a former crew member's injury suit, arguing that the appeals court can review this key determination in an otherwise unreviewable order to send the case back to state court.

  • July 13, 2020

    The Sharpest Dissents From The Supreme Court Term

    The majority of this term’s dissents came from the court’s right-leaning justices, and many of their sharpest critiques stemmed from suits over Trump administration policies. Here, Law360 looks at some of the fieriest.

  • July 13, 2020

    Nigeria Says Treaty With US Doesn't Bar $10B Award Fight

    Nigeria is fighting a Manhattan asset manager's bid to quash an information request tied to alleged bribes underpinning a nearly $10 billion arbitral award, saying the American company can't seek to enforce a treaty that wouldn't bar the action anyway.

  • July 13, 2020

    Kenya Says It Prevailed In $340M Geothermal Arbitration

    Kenya escaped a $340 million arbitration brought by a U.S. and Canadian firm over a soured geothermal energy project that had been aimed at helping the country transition over from diesel electrical generation and hydroelectric power, its attorney general said on Saturday.

  • July 13, 2020

    Manchester City Gets 2-Year Champions League Ban Lifted

    A Court of Arbitration for Sport panel overturned a February decision banning Manchester City from the pan-European Champions League for two years, saying Monday that most of the Union of European Football Associations' findings against the English soccer club were time-barred or "not established."

  • July 13, 2020

    Energy Investors May Try To Revive $144M Spain Award

    A pair of renewable energy investors are considering trying to revive at least part of a €128 million ($145.4 million) arbitral award issued against Spain following a dispute over revoked economic incentives, which was annulled last month due to an arbitrator's undisclosed relationship with an expert.

  • July 13, 2020

    The Funniest Moments Of The Supreme Court's Term

    Justice Stephen Breyer conjured up a baffling hypothetical involving a Roman emperor, Chief Justice John Roberts stepped up his game on popular slang, and a toilet flushed loudly as a Latham & Watkins lawyer discussed constitutional rights. Here, Law360 highlights the most mirthful moments from this past term's U.S. Supreme Court arguments.

  • July 13, 2020

    The Chattiest Justice Of The Term Is ...

    One justice again stood out as the chattiest member of the Supreme Court this term. But that jurist's talk was tempered when the coronavirus pandemic forced the court to close its doors and conduct remote oral arguments, which were livestreamed for the first time in history.

Expert Analysis

  • A UK Court Take On Contracting With An Undisclosed Agent

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    The recent ruling by the English Commercial Court in National Bank of Kazakhstan v. BNY Mellon is a reminder of the potential difficulties that agency relationships — or the possibility of them — can create for contractual enforcement and interpretation, even years after a contract is signed, says Jonathan Swil at Shearman & Sterling.

  • How Video Mediation Can Help Us Serve Clients Better

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    Mediation in recent years has largely devolved into a kind of arbitration without due process — where a mediator reads briefs, decides where the case should settle, and drives parties toward that single-minded result — but online mediation can be steered in a different direction, says mediator Jeff Kichaven.

  • Mental Health Efforts Will Support Diversity In Legal Industry

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    The stigma of discussing mental health struggles during these tough times is especially profound for attorneys of racial and ethnic minorities, but law firms and in-house departments can change the narrative, says Patricia Silva at Lathrop.

  • Civility Could Be Litigators' New Normal Even Post-Pandemic

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    The past few months of lockdown have given rise to some profound patterns — litigators are more cooperative and less adversarial — and as the activities of courts and tribunals resume, lawyers should consider continuing to devote more time and resources to resolving disputes instead of fighting them out, says Matthew Vafidis at Holland & Knight.

  • How To Prep For Investor-State Disputes Related To COVID-19

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    Parties can prepare for the coming storm of investor-state disputes arising from government measures to fight COVID-19 by reviewing international investment agreements for potential claims and the International Law Commission's draft articles for state defenses, say attorneys at K&L Gates.

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • Dismissal Of Amazon Seizure Case May Limit Title III's Reach

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    A Florida federal judge's recent order dismissing allegations that Amazon trafficked in property previously confiscated by the Cuban government in violation of the Helms-Burton Act reiterates a plain-language limitation of the act's Title III, say Pedro Freyre and Lolita Sosa at Akerman.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • In GE, Supreme Court Extends Reach Of Int'l Arbitration In US

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    The U.S. Supreme Court’s decision this week in GE Energy v. Outokumpu Stainless broadens the reach of international arbitration as a viable dispute resolution mechanism under U.S. law, but leaves unanswered a number of important questions regarding the application of the nonsignatory doctrine, say attorneys at Paul Hastings.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

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