International Arbitration

  • 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.

  • November 12, 2019

    Fla. Co. Can't Get Argentine Panelist DQ'd In Uruguay Fight

    A Florida company has failed to remove an Argentine panelist weighing whether to revive the firm's expropriation claim against Uruguay after his colleagues rejected accusations he showed a "lack of candor" for wrongly withholding pertinent information during a separate disqualification bid.

  • November 12, 2019

    IndiGo Cofounder Asks To Nix Doc Bid In Power Struggle

    IndiGo cofounder Rakesh Gangwal, embroiled in a power struggle for control of the low-cost Indian airline, has urged a Florida federal court to reject his partner’s bid to retrieve documents for use in a separate case claiming Gangwal violated a shareholders’ agreement between the two.

  • November 12, 2019

    Trump Will Raise Tariffs 'Substantially' If China Talks Falter

    President Donald Trump said Tuesday that he will “substantially” raise tariffs on Chinese imports if the U.S. and Beijing are unable to finalize the details of an early-phase trade deal that the two governments unveiled a month ago.

  • November 12, 2019

    Deepwater Horizon Arbitration Battle Lands At Top UK Court

    Oil services company Halliburton told the U.K.’s highest court on Tuesday that the failure by an arbitrator appointed by insurer Chubb to disclose his involvement in multiple proceedings connected to the Deepwater Horizon disaster robbed Halliburton of its right to impartial arbitration.

  • November 08, 2019

    Law360 MVP Awards Go To Top Attorneys From 76 Firms

    The elite slate of attorneys chosen as Law360's 2019 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • November 08, 2019

    Venezuela Won't Prevail In Bid To Nix 2020 Bonds, Court Told

    Litigation filed by Venezuela's state-owned oil company to invalidate $1.68 billion worth of government bonds due to mature next year is "highly unlikely" to succeed, because payments were made on the bonds as recently as April, the trustee and collateral agent have told a New York federal court.

  • November 08, 2019

    Curtis Adds Ex-Freshfields Atty As Int'l Arb Partner In Dubai

    Curtis Mallet-Prevost Colt & Mosle LLP has gained a former Freshfields Bruckhaus Deringer LLP attorney who specializes in handling cross-border disputes for clients in the Middle East.

  • November 08, 2019

    Belgian Court To Weigh Fraud In $506M Kazakh Award Fight

    A court in Belgium will consider over three days of hearings next week Kazakhstan's allegations that a half-billion arbitral award issued to two Moldovan oil and gas investors was procured by fraud days after the country submitted evidence that it says proves that the investors concealed facts from their auditors.

Expert Analysis

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • A Better Specific Jurisdiction Test For Cross-Border Discovery

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    The Second Circuit's nonparty jurisdictional criteria for Section 1782 discovery purposes in a foreign proceeding — laid out in its recent Application of Antonio Del Valle Ruiz decision — is murky, difficult to apply and inequitable; I propose a simpler, fairer test, says Gilbert Samberg of Mintz.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • Kenya’s New Energy Tribunal: Best Of Both Worlds?

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    As Kenya begins to commercialize its oil reserves, it has created a new Energy and Petroleum Tribunal that offers a dispute resolution process combining elements of arbitration and litigation, says attorney Aaron Koenck.

  • 5 Trends Influencing RFPs For Law Firms

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    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

  • Series

    Why I Became A Lawyer: Being There For Families In Trouble

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    My parents' contentious, drawn-out divorce was one of the worst experiences of my life. But it taught me how to be resilient — and ultimately led me to leave corporate litigation for a career in family law, helping other families during their own difficult times, says Sheryl Seiden of Seiden Family Law.

  • Where Law Firm Partners Go When Changing Jobs

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    We reviewed 177 law firm partners' job changes from the last seven years and discovered some migration patterns and gender dynamics, say James Bailey of the George Washington University School of Business and Jane Azzinaro of Cognizant.

  • 3 Ways To Leverage Vulnerability For Lawyer Well-Being

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    Admitting to imperfection is an elusive construct in the legal industry, but addressing this roadblock by capitalizing on vulnerabilities can increase personal and professional power, says life coach and attorney Julie Krolczyk.

  • New Data Shows BigLaw's True Profitability

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    Based on an analysis adjusting BigLaw operating income and revenue to account for equity partners and taxes, the profitability of firms is lower than commonly thought, says Madhav Srinivasan at Hunton.

  • 11th Circ. Ruling Strenuously Protects Arbitration Pacts

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    Although it could be interpreted as going too far, the Eleventh Circuit's recent sanctions award in Inversiones v. Del Monte serves as a stern reminder that when parties choose binding arbitration, they agree to forgo litigation altogether, say Jose Ferrer and Anthony Sirven of Bilzin Sumberg.

  • Force Majeure: Check Your Governing Law

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    The International Chamber of Commerce's arbitration award in ConocoPhillips v. CVP is instructive on how governing law impacts a force majeure provision, say attorneys with Thompson & Knight.

  • Opinion

    Courts Keep Rejecting Litigation Funding Discovery Campaign

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    As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.