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International Arbitration
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August 14, 2024
Sanctioned Ghanaian Co. Says Law Firm's Fees Too High
An African energy company has slammed international arbitration specialty law firm Three Crowns LLP in Texas federal court for claiming nearly $200,000 in fees after the company was sanctioned for lying to a Ghanaian court.
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August 14, 2024
Ukrainian Bank In $1.1B Russia Case Points To Nigeria Ruling
A Ukrainian bank looking to enforce a $1.1 billion arbitral award against Russia has asked a Washington, D.C., federal judge to consider a decision issued last week by the D.C. Circuit rejecting Nigeria's sovereign immunity defense in another litigation over an arbitral award.
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August 13, 2024
Insurers Look To Appoint Umpire In Hurricane Damage Fight
A group of foreign and domestic insurers has asked a New York federal court to resolve an impasse over the appointment of an arbitrator to adjudicate a dispute related to Hurricane Ida damage in the Lafourche Parish of Louisiana, urging the court to appoint an umpire.
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August 13, 2024
Texas Court Affirms Sole Arbitrator In Oilfield Machinery Fight
A Texas appeals court affirmed on Tuesday that arbitration over more than $1 million owed on an invoice for oilfield machinery should be heard by a sole arbitrator, ruling that a subsequent agreement between a Mexican drill rig manufacturer and a Houston company trumped the wording in their initial contract.
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August 13, 2024
Panama Seeks Pause In Construction Co.'s $4.8M Award Suit
Panama has asked a Florida federal court to stay discovery as it faces a Miami businessman's countersuit claiming a previous settlement bars the enforcement of a $4.8 million arbitral award against him and his construction firm, arguing that a separate arbitration will resolve outstanding issues.
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August 13, 2024
3rd Circ. Nixes Debt Collection Suit, Leaves Award In Question
The Third Circuit ruled Tuesday that a plaintiff fighting an arbitration loss in a proposed debt-collection class action never had standing to sue, but the appellate panel left it for an arbiter or state court to decide whether to erase the actual award in favor of the debt collector.
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August 13, 2024
Ga. Justices To Weigh Arbitrator's Closed-Door Discussions
The Georgia Supreme Court on Tuesday agreed to weigh if an arbitrator's ex parte communications with BioTek Services LLC in an allergy testing payment dispute warranted vacating BioTek's $1.7 million arbitration award over compensation for its testing of patients from Docs of CT LLC.
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August 12, 2024
2nd. Circ. Opinion May Moot Discovery Statute For Arbitration
The Second Circuit's novel decision last month further narrowing the scope of a foreign discovery statute — a tool that had, until recently, become something of a secret weapon among international arbitration practitioners — has contributed to its increasing obsolescence in the practice area.
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August 12, 2024
Alleged 'Ransom Cartel' Boss Hit With Cybercrime Indictments
A Belarussian and Ukrainian national extradited from Poland led two schemes that deployed malware through unsuspecting advertising companies and recruited participants from a Russian-speaking cybercrime forum to join a ransomware "cartel," federal prosecutors in New Jersey and Virginia alleged on Monday.
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August 12, 2024
US Gymnast Can't Get Bronze Medal Back
The Court of Arbitration for Sport on Monday refused to overturn a ruling stripping U.S. gymnast Jordan Chiles of her bronze medal for the floor exercise after the U.S. team's head coach purportedly challenged Chiles' original score four seconds too late.
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August 12, 2024
Shell Oil Forced Back To State Court In Texas Amputation Suit
Shell Oil must face claims in state court it negligently caused a worker's injuries that resulted in his foot being amputated, a Texas federal judge has ruled, rejecting the company's bid to enforce two contracts that the worker never signed.
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August 12, 2024
Gamers Freed From Arbitration Take On Valve's 30% Cut
Valve, the operator of the dominant PC game marketplace Steam, is facing a new proposed class action accusing the company of monopolizing the gaming market to artificially inflate prices, this time from a group of plaintiffs who say they have overcome the company's arbitration agreements.
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August 09, 2024
Lowe's Arbitration Clause For Online Buyers Found 'Illusory'
Lowe's Home Centers LLP must go to court to face a proposed class action accusing the store of deceptively slipping unneeded items into shoppers' online carts, a Virginia federal judge ruled Thursday, rejecting the home improvement giant's bid for arbitration.
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August 09, 2024
Justices Urged To Turn Away $1.3B Sovereign Immunity Case
A commercial division of India's space agency is urging the U.S. Supreme Court not to revisit a Ninth Circuit decision refusing to enforce a $1.3 billion arbitral award issued to a satellite communications company, arguing that the jurisdictional question raised in the petition has been long settled.
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August 09, 2024
Chinese Flooring Manufacturer Can't Get $1.2M Award OK'd
The Third Circuit won't enforce a Chinese court's arbitral award of $1.2 million to a flooring manufacturer against a Pennsylvania distributor, backing the finding of a federal court in Philadelphia that the parties never agreed to arbitrate the dispute.
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August 09, 2024
NC Insurance Mogul Must Pay Dutch Insurer's $166M Award
Insurance mogul Greg Lindberg and his companies must pay a $166 million arbitral award issued to defunct Dutch life insurer Conservatrix, a North Carolina federal court ruled, saying the award has been upheld by Dutch courts and there is nothing to indicate that the proceedings were not conducted fairly.
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August 09, 2024
Czech Republic Loses Challenge To $350M Arbitration Award
The Czech Republic has lost its multipronged challenge to a $350 million arbitration award in favor of a blood plasma company, with a London court dismissing its case Friday that a medical supply deal wasn't protected by an investment treaty.
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August 09, 2024
Rising Star: Covington's Nikhil Gore
Nikhil Gore of Covington & Burling LLP has fought for Ukraine, its military and its businesses throughout Russia's war and shut down a startup's purportedly insincere "David and Goliath" suit against an international air carrier in Singapore, earning him a spot among the international arbitration attorneys under age 40 honored by Law360 as Rising Stars.
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August 09, 2024
Nigeria Must Face $65M Award Suit, DC Circ. Rules
The D.C. Circuit on Friday affirmed a ruling greenlighting litigation to enforce a $65 million arbitration award issued to a Chinese company after it was ousted from Nigeria, saying the country's sovereign immunity defense fails because it agreed to arbitrate the dispute.
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August 08, 2024
India Fights To Stall $156M Judgment To Deutsche Telekom
The Republic of India on Thursday asked a D.C. federal judge to stall a $155.8 million judgment against the country stemming from an arbitration over a soured satellite licensing deal, saying the case involves "serious and novel questions" that warrant a stay of enforcement pending appeal.
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August 08, 2024
11th Circ. Affirms OK Of $188M Award Against Venezuelan Co.
The Eleventh Circuit on Thursday enforced a $188 million arbitral award issued to a British Virgin Islands commodities firm, ruling in a published opinion that a Venezuelan state-owned mining firm's corruption arguments wrongly took aim at an underlying contract, rather than the award itself.
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August 08, 2024
Dairy Farm Investor Fights For €77.5M Claim Against Serbia
A dairy farm investor is arguing that an arbitral award wrongly ordered Serbia to pay him €14.5 million ($15.8 million) instead of the €77.5 million he sought after his shares in the company were expropriated, saying the tribunal failed to provide any reasoning for its damages calculation.
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August 08, 2024
Ghana Must Pay $111M In Power Plant Fight, Court Rules
A D.C. federal judge has issued a default judgment against Ghana for more than $111 million left unpaid on an arbitral award issued by a London tribunal over the country's breach of a power plant operating deal with a subsidiary of commodities giant Trafigura.
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August 08, 2024
Rising Star: Crowell & Moring's Randa Adra
Randa Adra of Crowell & Moring LLP helped lead a $1.7 billion arbitration between an Egyptian state agency and Damietta International Port Co., playing a significant role in the infrastructure dispute involving complex financial and engineering issues and landing her among the international arbitration attorneys under age 40 honored by Law360 as Rising Stars.
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August 07, 2024
Investor Asks Justices To Overturn $5.7M Arb. Award Ruling
An investor who put money into an unsuccessful business looking to revolutionize the chemical manufacturing industry urged the U.S. Supreme Court Wednesday to overturn a split Ninth Circuit decision enforcing a $5.7 million arbitration award in favor of that business' founders, arguing the award should never have been issued.
Expert Analysis
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Notes For Arbitration Agreements After Calif. Ruling
After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Int'l Treaties May Aid Investors Amid UK Rail Renationalization
The recently introduced Passenger Railway Services Bill seeks to return British railways to public ownership without compensating affected investors, a move that could trigger international investment treaty protections for obligation breaches, says Philipp Kurek at Signature Litigation.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Should Arbitrators Do More To Encourage Settlements?
In light of discussions on settlement in arbitration, there is a consensus that arbitrators in English-seated proceedings should play a greater role, but determining the extent of that involvement is difficult, as arbitrators can inadvertently place themselves in a position of potential conflict, say lawyers at Dentons.
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2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Indian Top Court Arb. Ruling May Be Anomaly, Not New Path
While the Indian Supreme Court's recent Delhi Metro decision invalidating an arbitral award could be viewed as a troubling departure from the country's efforts to position itself as an attractive arbitral seat, it may also be nothing more than an unexpected detour due to the underlying facts, say J.P. Duffy and Niyati Ahuja at Reed Smith.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.