International Arbitration

  • April 12, 2021

    Donziger Seeks Dismissal Of 'Vindictive' Prosecution

    Embattled attorney Steven Donziger urged a New York federal court Monday to dismiss charges that he disobeyed court orders in an underlying civil suit Chevron lodged against him over a $9 billion Ecuador environmental judgment, arguing the criminal case warrants dismissal because he's a victim of malicious, "vindictive and selective prosecution."

  • April 12, 2021

    Tube Cos. Say Trade Secret Spat Deserves Court Injunction

    Two U.S. tube companies urged a Texas federal court to not send their dispute over tube connection trade secrets to arbitration, since their agreement with a Russian oil and gas pipe manufacturer says they can request a preliminary injunction before arbitration.

  • April 12, 2021

    USMCA's Trade Rules Are Keeping Carmakers On Their Toes

    After spending nearly three decades acclimating to the North American Free Trade Agreement's complex web of rules, the U.S. car industry once again finds itself in the middle of a steep learning curve as the U.S.-Mexico-Canada Agreement goes into effect.

  • April 12, 2021

    DC Circ. Extends $50B Ex-Yukos Shareholders Suit

    A three-judge panel for the D.C. Circuit unanimously ruled that there is not enough evidence to affirm a D.C. federal court's decision that former Yukos shareholders cannot have a down payment for their $50 billion arbitral award.

  • April 12, 2021

    Armstrong Teasdale Adds Int'l Disputes Attorney In London

    Armstrong Teasdale LLP has added a new London-based partner specializing in international dispute resolution to the law firm's roster of about 340 attorneys around the United States and the United Kingdom, saying her areas of focus include commercial and investment arbitration.

  • April 09, 2021

    Biden Eyes Trade Enforcement In Commerce Budget Hike

    President Joe Biden requested $2.5 billion in funding for the U.S. Department of Commerce, a nearly 28% increase over current levels, with an eye toward bolstering the agency's efforts in trade enforcement and export control.

  • April 09, 2021

    2nd Circ. Won't Revisit $225M Award In Seneca Nation Dispute

    The Second Circuit on Friday refused to reconsider a panel ruling that upheld a $225 million award that an arbitration panel issued to the state of New York in a gambling compact dispute with the Seneca Nation of Indians. 

  • April 09, 2021

    ​​​​​​​WTO Head Calls For More Vaccines To Developing Countries

    The leader of the World Trade Organization called for broader distribution of COVID-19 vaccines in developing countries Friday, saying the public health measure would provide the greatest boost to pandemic-ravaged economies.

  • April 09, 2021

    UK Urges World Bank To Reject Coal, Oil Investments

    The World Bank Group should formally reject investments in coal and oil energy and sign a statement endorsing nature-friendly assets, Britain's ministers of finance and foreign affairs said in a statement published on Friday.

  • April 08, 2021

    Ex-Signac Exec Gets 2nd Arbitration Try In Credit Suisse Fight

    A New York federal judge said that an arbitrator, not the court, should decide if the new arbitration bid from the former leader of Credit Suisse AG's failed tech venture Signac LLC over allegedly misappropriated technology is a "classic do-over" of previous arbitration on the matter.

  • April 08, 2021

    Lloyd's Retracts Fraud Allegations In Spat With Calif. Tire Co.

    Lloyd's of London underwriters have agreed to retract fraud allegations against a California tire company and settle their yearslong dispute over insurance coverage, according to a statement issued Thursday.

  • April 08, 2021

    Treasury Sanctions Myanmar Gem Mining Firm

    The U.S. Treasury Department announced sanctions against a Myanmar state-owned mining firm Thursday, further clamping down on the military junta that has unilaterally ruled the country since a coup in February.

  • April 08, 2021

    Lebanese Waste Management Co. Takes Armenia To ICSID

    A Lebanese waste management company has filed a bilateral investment treaty claim against Armenia after its garbage collection contracts in the capital city Yerevan were canceled in favor of a state-owned entity.

  • April 08, 2021

    Fladgate Adds Insurance Litigation Partner In London

    Law firm Fladgate LLP has nabbed an insurance expert from rival Michelmores LLP as a partner in its dispute resolution team as it expands its business and private clients practice.

  • April 07, 2021

    Brazilian Businessmen Urge Court To OK $2.5M Arbitral Award

    Two Brazilian businessmen have asked a Florida federal court to enforce a $2.5 million arbitral award issued in a dispute over their sale of two "extraordinarily successful" transportation and freight logistical companies in Brazil, saying the buyer fraudulently defaulted on a purchase and sale agreement.

  • April 07, 2021

    Ukraine Urges DC Circ. Not To Allow $112M Award For Tatneft

    Ukraine urged the D.C. Circuit on Wednesday not to condone the enforcement of a $112 million arbitral award in favor of Russian oil company Tatneft, arguing the award can't be upheld under U.S. policy because it is underpinned by the company's illegal acquisition of its stake in Ukraine's largest refinery.

  • April 07, 2021

    Litigation Funder Urges Rethinking, Limiting Eni Subpoena

    U.S. litigation funder Drumcliffe Partners has urged a Delaware federal judge to reconsider approving Italian oil giant Eni's subpoena against it, saying the circumstances surrounding the discovery authorization have changed since it got the green light.

  • April 07, 2021

    Appeals In $1.2B Award Fight Are Delay Tactic, Crystallex Says

    Venezuela's appeal challenging an order allowing Crystallex to proceed with a sale of Citgo's parent company to enforce its $1.2 billion arbitral award against the country is an attempt to draw the Third Circuit into "micromanaging" the district court's interlocutory rulings, the mining company argued.

  • April 07, 2021

    Donziger Can't Get Livestream Of Upcoming SDNY Trial

    A Manhattan federal judge has rejected Chevron foe Steven Donziger's request for a livestream of his upcoming criminal contempt trial, saying Tuesday that federal rules won't allow it.

  • April 06, 2021

    Venezuela Rebuts Koch's Quick Win Bid In $400M Award Suit

    Venezuela urged a D.C. federal judge to not immediately rule on a suit to confirm a $400 million arbitration award filed by two Swiss Koch Industries affiliates, arguing the companies have not yet fully calculated the interest accrued on the judgment amount.

  • April 06, 2021

    Couple Says Dominican Republic Claim Should Be Revived

    Two missionaries looking to revive their $39.5 million claim against the Dominican Republic over a scrapped luxury real estate project are arguing before the D.C. Circuit that a lower court interpreted a service deadline for foreign sovereign nations too narrowly.

  • April 06, 2021

    Albania Can't Get $132M Award In Claim Over TV Station Nixed

    Albania couldn't convince an international committee that a tribunal lacked adequate reasoning when it handed down an arbitral award ordering the country to pay €111 million ($131.8 million) for expropriating investments in a television station.

  • April 06, 2021

    Brazil Drops Investigation Over Guinean Mining Project

    An investigation in Brazil into Israeli billionaire Beny Steinmetz's allegations that Vale SA engaged in corruption with respect to a doomed Guinean mining project has been shelved, though a second investigation focusing on whether the company misled its investors over the project remains pending.

  • April 06, 2021

    SE Asia Cigarette Row Makes Headway Despite Stalled WTO

    The Philippines and Thailand are on their way to resolving a long-running World Trade Organization dispute over Bangkok's imposition of trade measures on imported cigarettes, owing to the novel use of a dispute facilitator.

  • April 05, 2021

    Chinese Restaurateur Hid Warhol Purchase, Dining Co. Says

    A dining company that operates restaurants around the world said Chinese restaurant mogul Zhang Lan tried to conceal some of her assets in the purchase of artwork by Andy Warhol and Martin Kippenberger, urging a New York federal judge Monday to confirm $142 million in arbitral awards.

Expert Analysis

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

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    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

  • Opinion

    High Court Int'l Discovery Case Fits Mootness Exception

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    Even if the underlying arbitration in Servotronics v. Rolls Royce concludes before the U.S. Supreme Court decides the case, the court should recognize an exception to mootness and resolve the circuit split on whether a U.S. discovery statute applies to international commercial arbitration, say attorneys at Freshfields.

  • How USMCA Empowers Investors Against Mexico Power Law

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    U.S. and Canadian investors in Mexico's energy sector pursuing legal remedies against the country's newly amended Electricity Industry Law, which introduces preferences for the Mexican state-owned utility, should consider the ways they can seek relief under the U.S.-Mexico-Canada Agreement, say attorneys at WilmerHale.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

  • A Uniform Mediation Act Primer As States Continue Adoption

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    With Georgia expected to soon become the 13th jurisdiction to adopt the Uniform Mediation Act and with more states likely to follow suit amid widespread trial delays, practitioners should familiarize themselves with the act's conflict disclosure requirements and the boundaries of its confidentiality provisions, says Richard Mason at MasonADR.

  • Safeguarding Privileged Communications In A Remote World

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    With the pandemic ushering in remote collaboration tools, counsel must revisit fundamentals of the attorney-client privilege and the work-product doctrine, study cases involving email and other recent technologies, and follow 10 best practices to protect confidentiality, say attorneys at DLA Piper.

  • 4 Areas Of Cyberattack Vulnerability For Law Firms

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    Recent data breaches involving Goodwin and Jones Day show that cyberattacks are very real threats to the legal profession, especially in the era of remote work, so law firms should revisit common business practices that expose them to unnecessary risks, says Ara Aslanian at Inverselogic.

  • Justices Will Bring Welcome Resolution In Int'l Discovery Row

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    The U.S. Supreme Court's decision this week to review Servotronics v. Rolls-Royce — a case concerning use of a U.S. discovery statute in aid of private international arbitration — will result in greater certainty as to the statute's scope and allow domestic parties to better defend themselves from foreign discovery requests, say Dan Ward and Elena Davis at Ropes & Gray.

  • How To Help Your Witnesses Overcome Hindsight Bias

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    Witnesses facing tricky questions from opposing counsel often find themselves engaging in hindsight bias, when they use present knowledge to second-guess past actions, but these problematic thought processes can be overcome during deposition or trial preparation through tough questions and some catharsis, says Merrie Jo Pitera at Litigation Insights.

  • NJ 'Reply All' Ethics Opinion Brings New Pitfalls For Attorneys

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    While a recent New Jersey ethics opinion rightly concluded that an attorney cannot claim an ethics violation when opposing counsel replies all to a group email including clients, it runs counter to stances taken by other states and presents new dangers of confidentiality breaches and unfiltered messages to opposing parties, says Roger Plawker at Pashman Stein.

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