International Arbitration

  • April 26, 2024

    Europeans Try To Ease Dispute Process In Canada Trade Pact

    The European Commission on Friday proposed new rules to help small and medium-sized businesses access a yet-to-be established investor court that was included in the bloc's nearly seven-year-old trade deal with Canada.

  • April 26, 2024

    Panama Canal Project Fight Sent Back To Chancery

    A Delaware federal judge on Thursday remanded litigation arising from a lucrative port project near the Panama Canal in an order that also notes his "deep concerns" over a theory that the dispute belongs in arbitration, made by the companies accused of stealing control of the project.

  • April 26, 2024

    Petrol Mogul Says Subsidiary Liable For $7M Baker Botts Fees

    An Egyptian energy tycoon has denied allegations in a London court that he owes Baker Botts LLP almost $7 million in fees for two of his petrochemical companies, arguing that a partner at the law firm said his company would not be liable for the costs of its subsidiaries.

  • April 25, 2024

    Incarceration Can't Get Default Nixed In $92M Award Suit

    A California federal court has refused to set aside an entry of default against a Russian businessman accused of engaging in a scheme to avoid paying a more than $92 million arbitral award, rejecting his defense that he couldn't respond because he was incarcerated in France.

  • April 25, 2024

    Exail Looks To Nix Suit Challenging Award In Aerospace Feud

    High-tech industrial group Exail SAS on Thursday urged a New York court to toss litigation filed by two units of French aerospace and defense corporation Safran looking to vacate an arbitral award issued in a high-stakes dispute arising from a decades-old licensing agreement.

  • April 25, 2024

    Quinn Emanuel, Morgan Lewis Make Strides In Saudi Arabia

    Quinn Emanuel Urquhart & Sullivan LLP and Morgan Lewis & Bockius LLP have set their sights on Saudi Arabia, announcing steps toward establishing themselves in its capital city of Riyadh on Thursday.

  • April 24, 2024

    Energy Charter Treaty Backlash Hints At Broader Arbitration Woes

    Lawmakers in Europe on Wednesday overwhelmingly consented to the European Union's withdrawal from the Energy Charter Treaty, adding to an increasing global backlash against investor-state arbitration that was also laid bare in a vote by Ecuadorians decisively rejecting the mechanism this past weekend.

  • April 24, 2024

    Ex-Yukos Oil Shareholders To Auction Russian Vodka Brands

    The Benelux rights to trademarks for 18 Russian vodka brands, including Stolichnaya and Moskovskaya, will go to auction in June in the Netherlands, the former shareholders of Yukos Oil Co. said Wednesday as they sought to enforce arbitral awards now valued at $60 billion.

  • April 23, 2024

    Forbes Wins Bid To Nix Order In Mexican Distributor Fight

    A New York federal judge on Tuesday barred a Mexican distributor of Forbes magazine from trying to enforce an order from a court in Mexico City precluding the publication from terminating their deal while the companies gear up to arbitrate a renewal dispute.

  • April 23, 2024

    JAMS Implements Rules For AI-Related Disputes

    JAMS announced Tuesday that it has implemented new rules governing disputes involving artificial intelligence, making it the first organization in the alternative dispute resolution industry to establish an AI-tailored legal framework.

  • April 23, 2024

    UK Rules Sri Lanka Ship Insurance Row Must Be In London

    A U.K. judge ruled Tuesday that a Sri Lankan shipping company cannot sue a London-based insurer in its home country over liability for a sunken container ship because the insurance contract is governed by English law.

  • April 23, 2024

    Top UK Court Blocks Gazprom Unit's Russian UniCredit Claim

    Britain's highest court upheld an injunction on Tuesday barring a Gazprom subsidiary from pursuing a €450 million ($480 million) claim against UniCredit Bank AG in Russia after the German lender withheld financing for the construction of gas processing plants because of sanctions.

  • April 22, 2024

    Businessman Seeks OK On $44M Dominican Republic Award

    A Jamaican businessman has asked a D.C. federal court to enforce a $44 million arbitral award he won against the Dominican Republic following a dispute over a landfill, saying the country is improperly seeking to vacate the award.

  • April 22, 2024

    Ecuadorian Voters Reject Investor-State Arbitration

    Voters in Ecuador on Sunday decisively rejected a government proposal to recognize international arbitration to resolve investment disputes, nearly a year after the country's Constitutional Court found that the dispute resolution mechanism violates Ecuadorian law.

  • April 22, 2024

    DC Circ. Wary Of Nigeria's Immunity Defense To $65M Award

    The D.C. Circuit seemed skeptical on Monday of Nigeria's sovereign immunity defense against the enforcement of a $65 million arbitration award issued to a Chinese company after it was ousted from the western African nation.

  • April 22, 2024

    Scotiabank Fights To Keep Peru VAT Claim Alive

    The Bank of Nova Scotia urged the World Bank's international arbitration institution in recently released documents not to dismiss the arbitration of its value-added tax dispute against Peru, saying the case raises issues of fact.

  • April 22, 2024

    Justices Skeptical Staying Arbitration Cases Burdens Courts

    The U.S. Supreme Court tackled Monday whether courts should stay or dismiss suits headed to arbitration, with some justices appearing skeptical of the argument that tossing the suits burdens courts less than pausing litigation.

  • April 19, 2024

    Norwegian Investor Wins $101M Award In Shipyard Dispute

    A subsidiary of a Norwegian oil services investment company has won an arbitral award of approximately $101 million from the Singapore International Arbitration Centre in its dispute with a shipyard over four drilling rig unit contracts, according to the company.

  • April 19, 2024

    Nissan's Ex-Chair Owes $6.5M In Defense Costs, Insurer Says

    The former chairman of Nissan and other carmakers who fled to Lebanon after Japanese authorities arrested him alleging financial misdeeds must reimburse Sompo Japan Insurance Inc. for the nearly $6.5 million spent defending him against such claims, Sompo told a Delaware federal court Friday.

  • April 19, 2024

    Insurers Push To Arbitrate Hurricane Damage Case

    An arbitrator should decide whether a Louisiana property owner's hurricane damage claims must be arbitrated, a group of surplus lines insurers argued in urging the Second Circuit to reject a New York district court's reliance on the circuit's precedent to find the arbitration clause at issue unenforceable.

  • April 19, 2024

    Candy Crush Developer Gets Sweet Win In Fraud Suit

    A Virginia woman has been ordered to arbitrate her proposed class action accusing the Maltese developer of Candy Crush, the popular smartphone puzzle game, of fraudulently inducing her to drop more than $3,000 on a tournament by misrepresenting her chances of winning thousands of dollars and a trip to London.

  • April 18, 2024

    Conoco Tells 3rd Circ. It Can Target Citgo For $8.5B Award

    ConocoPhillips urged the Third Circuit to nix Venezuela's challenge to a ruling paving the way for the oil company's participation in an auction for control of the U.S. oil giant Citgo to enforce an $8.5 million debt, arguing that the country can't prove that it's been acting in bad faith.

  • April 18, 2024

    Hedge Fund Says Its $100M Award Over Peru Bonds Is Valid

    A hedge fund has asked a D.C. federal judge not to throw out its suit seeking to enforce a $100 million arbitral award it secured over Peru's valuation of old government bonds, saying the country wants to relitigate claims that were already rejected by the arbitrators.

  • April 18, 2024

    Lebanese Bank To Face Victims' Hezbollah Terrorism Suit

    New York's highest court ruled Thursday that an entity that acquires another entity's liabilities and assets inherits its status for purposes of personal jurisdiction even if there is no merger, greenlighting litigation targeting a Lebanese bank over its predecessor's alleged assistance to Hezbollah.

  • April 18, 2024

    $100M Arbitration Award Restored In Colo. Dispensary Fight

    A Colorado appellate panel on Thursday largely reinstated a roughly $100 million arbitration award in a dispute between former business partners in the cannabis dispensary chain Native Roots, finding no basis to conclude the arbitrator was biased.

Expert Analysis

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Cos. Must Monitor Sanctions Regime As Law Remains Unclear

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    While recent U.K. government guidance and an English High Court's decision in Litasco v. Der Mond Oil, finding that a company is sanctioned when a designated individual is exercising control over it, both address sanctions control issues, disarray in the law remains, highlighting that practitioners should keep reviewing their exposure to the sanctions regime, say lawyers at K&L Gates.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • What 3rd Circ. Gets Wrong About Arbitration Enforcement

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    The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • UK Compulsory Mediation Ruling Still Leaves Courts Leeway

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    An English Court of Appeal recently issued a landmark decision in Churchill v. Merthyr Tydfil County, stating that courts can compel parties to engage in alternative dispute resolution, but the decision does not dictate how courts should exercise this power, which litigants will likely welcome, say lawyers at Herbert Smith.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Russia Ruling Shows UK's Robust Jurisdiction Approach

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    An English High Court's recent decision to grant an anti-suit injunction in the Russia-related dispute Renaissance Securities v. Chlodwig Enterprises clearly illustrates that obtaining an injunction will likely be more straightforward when the seat is in England compared to when it is abroad, say lawyers at Linklaters.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

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