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International Arbitration
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September 06, 2024
Bryan Cave Hires Disputes Pro From Fieldfisher In London
Bryan Cave Leighton Paisner LLP has recruited a new partner to its commercial disputes practice in London from Fieldfisher LLP to bolster its ranks across both litigation and arbitration cases.
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August 29, 2024
Show Your Work, 5th Circ. Tells Judge In Banks' Subpoena Fight
The Fifth Circuit has vacated a Texas federal court decision denying a businessman's bid to quash a subpoena requested by two financial institutions looking for evidence in a Mexican fraud case, sending the case back to the lower court to explain its reasoning for the denial.
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August 29, 2024
Venezuela Ordered To Pay $468M To Packaging Co.
A Dutch subsidiary of Irish sustainable packaging company Smurfit Westrock has been awarded more than $468 million after an international tribunal ruled on Wednesday that Venezuela violated an underlying treaty when it seized the company's operations in the country six years ago.
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August 29, 2024
50 Cent's Liquor Biz Wins Ch. 7 Fight Over Ex-Boss's House
A onetime international liquor trader for rap artist 50 Cent's booze business has lost a bid to protect his Connecticut residence from Sire Spirits LLC's attempt to recover a $7 million New York fraud judgment, with a bankruptcy judge applying a lower state homestead exemption than the indebted trader requested.
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August 29, 2024
Aon Unit Accuses Chinese Bank Of $2.8B Reinsurance Fraud
An Aon PLC subsidiary has accused one of China's largest banks in New York state court of helping a now-bankrupt insurtech company engage in a multibillion-dollar scheme to defraud the subsidiary and cedent insurers in reinsurance transactions, seeking to recover at least $140 million in lost premiums from the bank.
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August 29, 2024
Quinn Emanuel Seeks DC Circ. Rehearing In $486M Award Fight
Quinn Emanuel Urquhart & Sullivan LLP has asked the D.C. Circuit to reconsider its ruling in a dispute over the firm's authority to represent a port operator in a long-running legal battle with the Republic of Djibouti.
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August 29, 2024
Law Firm Can Use Client Comms To Fight Conspiracy Claim
A commercial law firm and its solicitor can fully plead their defenses against claims of conspiracy, a London court has ruled, finding that details of communication with clients are not limited by legal professional privilege because of a recently clarified legal exception.
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August 28, 2024
5th Circ. Says Aviation Treaty Can't Apply To Airline Injury Suit
The Fifth Circuit has ruled in a matter of first impression that an international treaty governing in-flight injuries does not create personal jurisdiction over an airline in the U.S. because the treaty lacks the necessary language to establish such a case's correct venue.
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August 28, 2024
Citgo Auction Delayed Again, This Time Till November
A Delaware federal judge has adjourned until November a closely watched sales process for Citgo's parent company — an auction aimed at satisfying billions of dollars' worth of Venezuelan debt — in order to provide a court-appointed special master more time to vet a yet undisclosed bidder.
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August 28, 2024
Businessman Can't Force $1B Gramercy Suit Into Arbitration
A Wyoming federal judge has ruled that Gramercy Funds Management will not have to arbitrate its racketeering lawsuit accusing a Ukrainian businessman of fraudulently transferring more than a billion dollars from his agricultural business, a debtor of the Connecticut-based hedge fund.
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August 28, 2024
Russia Seeks Pause On $5B Naftogaz Award Suit
Russia thinks that the D.C. federal court overseeing a bid by Ukraine's state-owned oil and gas company to enforce a $5 billion arbitral award over the seizure of its Crimean assets ought to pause the matter while proceedings in the Netherlands play out.
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August 28, 2024
Venezuela Argues For Pause In Chemical Co. Seizure Suit
Venezuela is asking the Eleventh Circuit to put litigation accusing the country of unlawfully seizing a chemical company over sham drug charges on hold until the U.S. Supreme Court weighs in on an expropriation case Holocaust survivors are pursuing against the Hungarian government.
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August 28, 2024
Lloyd's Says $5M NJ Settlement Fight Must Be Arbitrated
Lloyd's of London underwriters have told a New Jersey federal court that a man who was falsely imprisoned must arbitrate his dispute over the payment of a $5 million settlement from the city of Trenton, saying a provision in the city's policy requires arbitration.
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August 28, 2024
Pa. Justices To Mull 'Click-Through' Arbitration Agreements
The Supreme Court of Pennsylvania will review a ruling that so-called "click-through" terms of service for apps and online forms don't give users adequate notice that they are often waiving their rights to a jury trial, according to an order issued Tuesday.
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August 27, 2024
Mobile Game Co. Pushes For Arbitration Of Deceptive Claims
Papaya Gaming has asked a New York federal court to send a proposed class action accusing the Israeli mobile game developer of false advertising and deceptive practices to arbitration, saying the lead plaintiff agreed to arbitrate any disputes when she first created her account.
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August 27, 2024
Gharavi Threatens Defamation Suit In Chiles Controversy
Prominent arbitrator Hamid Gharavi is accusing the authors of a viral article questioning whether he should have been conflicted off the tribunal that stripped U.S. gymnast Jordan Chiles of her Olympic bronze medal of defamation, saying they exposed him to "public hatred, threats and disgrace."
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August 27, 2024
Clark Hill Adds Atty In NYC From Schoeman Updike
Clark Hill PLC said Tuesday that it is bringing a litigator to its New York City office as a member, one with a focus on financial services and business disputes as well as experience ranging from intellectual property to real estate issues.
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August 27, 2024
Sony, Zee Drop Dispute Over Failed $10B India Media Deal
Zee Entertainment and Sony Group's India unit have reached a noncash settlement to end their dispute over the $10 billion merger deal that unraveled earlier this year, with the companies stating Tuesday they will withdraw all legal claims against each other.
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August 26, 2024
Businessmen Say Feds' Ky. Tower Seizure Suit Can't Proceed
Two Miami businessmen have objected to a federal magistrate judge's recommendation opposing their attempt to toss litigation by the U.S. government as it looks to seize about $9.1 million from the sale of a Kentucky office tower, saying the United States can't prove its case.
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August 26, 2024
Firm Wants Award Nixed Over DLA Piper, Arbitrator Ties
Fortis Advisors is urging a Delaware court to vacate an arbitral award favoring gaming company Stillfront following its 2019 purchase of a Canadian video game company, arguing that an accounting firm hired to adjudicate the dispute and Stillfront's counsel at DLA Piper hid a "web of relationships" between them.
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August 26, 2024
$1.65B Award For Iraqi Telecom Confirmed By Pa. Court
A Pennsylvania federal judge confirmed Iraq Telecom's $1.65 billion international arbitration win over Kurdish mobile operator Korek Telecom Co. last week, saying that Korek was too late in arguing that its lawyers lacked authorization to consent to the court's jurisdiction in the case.
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August 26, 2024
4th Circ. Won't Free Insurance Mogul From $524M Judgment
Convicted insurance mogul Greg Lindberg was dealt a blow by the Fourth Circuit on Monday when the court found that he was liable for a $524 million arbitration award stemming from a fight over a reinsurance agreement with an insurer.
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August 23, 2024
Justices Urged To Tackle Arbitral 'Manifest Disregard' Split
A former Morgan Stanley financial adviser is asking the U.S. Supreme Court to review an appellate panel's refusal to toss the bank's arbitral award and revive his $13.7 million counterclaims, arguing that the dispute presents the ideal vehicle to resolve the "clear" circuit split over whether "manifest disregard of the law" remains a valid ground for vacating such awards.
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August 23, 2024
Cypriot Cos. Say Serbia Must Face $32M Real Estate Claim
A group of Cypriot companies claiming that the Republic of Serbia owes them about $32 million for allegedly expropriated real estate are urging an international tribunal not to toss their claims, saying the country asserts wrongly that the arbitral body doesn't have jurisdiction in the dispute.
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August 23, 2024
Court Urged To Reject Stay In $4.8M Panama Arbitration Row
A Miami businessman and his construction company fired back Thursday against a request from the Republic of Panama seeking to pause discovery in their ongoing battle over a $4.8 million arbitral award against him, arguing that Panama failed to follow court rules before filing the motion and that the delay isn't warranted.
Expert Analysis
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Decoding Arbitral Disputes: The Benefits Of Non-EU Venues
In Spain v. Triodos, a Swedish appeal court recently annulled an intra-EU investment treaty award, reinforcing a growing trend in the bloc against enforcing such awards, and highlighting the advantages of initiating enforcement proceedings in common law jurisdictions, such as the U.K., says Josep Galvez at 4-5 Gray's Inn Square.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Salvaging The Investor-State Arbitration System's Legitimacy
Recent developments in Europe and Ecuador highlight the vulnerability of the investor-state arbitration framework, but arbitrators can avert a crisis by relying on a poorly understood doctrine of fairness and equity, rather than law, to resolve the disputes before them, says Phillip Euell at Diaz Reus.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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ECHR Ruling May Pave Path For A UK Climate Damage Tort
In light of case law on the interaction between human rights law and common law, the European Court of Human Rights' recent ruling in KlimaSeniorinnen v. Switzerland, finding the country at fault for failures to tackle global warming, could tip the scales toward extending English tort law to cover climate change-related losses, say lawyers at Cleary.
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Del. Rulings Make Clear That 'Arbitrator' Isn't A Magic Word
Recent decisions by the Delaware Chancery Court clarify that calling a process an "expert determination" or "arbitration" in a purchase agreement is not sufficient to define it as such, so practitioners must consider how to structure dispute resolution provisions to achieve their clients’ desired result, say attorneys at Troutman Pepper.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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An American Policyholder's Guide To UK Insurance Arbitration
No matter how experienced U.S. policyholders are in stateside disputes, the procedural quirks of U.K. insurance arbitration mean Americans should learn a few key differences between U.S. litigation and London arbitration before heading across the pond, says Robert Jacobs at Blank Rome.
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What's Notable In JAMS' New Mass Arbitration Rules
The Judicial Arbitration and Mediation Services’ recently released guidelines, coming on the heels of similar American Arbitration Association amendments, suggests that mass arbitrations will remain an efficient means for consumers to vindicate their rights against companies, say Jonathan Waisnor and Brandon Heitmann at Labaton Keller.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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As Arbitrator Bias Claims Rise, Disclosure Standards Evolve
The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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In Energy Disputes, Good Arbitration Clauses Are Key
Recent trends have spawned many complex energy disputes that cross jurisdictional boundaries — but arbitration offers an optimal forum for resolving such matters, especially when arbitration provisions in contracts are tailored for the energy sector, say Scott Marrs at Akerman and Andrew Barton at the American Arbitration Association and the International Centre for Dispute Resolution.