International Arbitration

  • August 16, 2024

    Customer Says AAA Must Improve Oversight Of Arbitrators

    The American Arbitration Association allows its arbitrators' decisions to go unchecked because the AAA operates without any formal audit mechanism, a disgruntled T-Mobile USA Inc. customer told a Florida federal judge as he fights an arbitral award favoring the company.

  • August 16, 2024

    Airbnb Says Travel Insurance Fee Fight Must Be Arbitrated

    Airbnb and an Italian insurer are urging a California federal court to send a proposed class action over allegedly unfair fees on travel insurance policies to arbitration, arguing Thursday that the plaintiffs are ignoring an arbitration clause they had to sign to use the Airbnb platform.

  • August 16, 2024

    DC Circ. OKs Energy Cos.' $395M Spain Award Suits

    The D.C. Circuit on Friday ruled that district courts have jurisdiction to enforce some $395 million in arbitral awards issued against Spain after the country rolled back economic incentives for renewable energy projects, but took no position on the awards' ultimate enforceability.

  • August 15, 2024

    Conflict Questions Haunt Chiles' Bronze Medal Case

    The Court of Arbitration for Sport has now released its decision stripping U.S. gymnast Jordan Chiles of her bronze medal in favor of a Romanian gymnast, though questions about a potential conflict involving tribunal president Hamid Gharavi have put the sports court on the defensive.

  • August 15, 2024

    Treasury's Sanctions Unit Slaps Penalties On Houthi Network

    An office of the U.S. Treasury said it has sanctioned a group of companies, people and vessels for shipping Iranian commodities to Yemen and the United Arab Emirates on behalf of their network led by an Iran-based financier viewed as a leading enabler of Yemen's Houthi rebels.

  • August 15, 2024

    Baker McKenzie Adds 2 A&O Shearman Attys In Johannesburg

    Baker McKenzie is beefing up its global disputes practice at its Johannesburg office with the arrival of two attorneys from A&O Shearman and another from Cliffe Dekker, the firm announced Thursday.

  • August 15, 2024

    Discover Can't Arbitrate Fraud Risk Claims, But Amex Can

    A New York federal judge has refused to allow Discover Financial Services to arbitrate claims that it and other credit card networks conspired to dump fraud risk on retailers, but granted a similar motion from American Express.

  • August 15, 2024

    Ex-Drew Eckl Attys Seek New Firm's Escape From Arbitration

    Drew Eckl & Farnham LLP and former firm attorneys now at Burke Moore Law Group LLP launched dueling arguments in the Georgia Court of Appeals this week over Burke Moore's bid to undo a court order requiring it to arbitrate a fees dispute between Drew Eckl and Burke Moore founders.

  • August 14, 2024

    3rd Circ. May Nix $10M Venezuela Award Transfer Suit

    The Third Circuit appeared poised to decline jurisdiction over appeals challenging a Delaware judge's decision to send litigation enforcing some $10 million in arbitral awards against a subsidiary of Venezuela's state-owned oil company to federal court in Washington, D.C.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration

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    The European Court of Justice's recent ruling that the U.K. had breached EU law by allowing an arbitral award to proceed underscores the diminished influence of EU jurisprudence in the U.K., hinting at the EU courts' increasingly nominal sway in international arbitration within jurisdictions that prize legal autonomy, says Josep Galvez at 4-5 Gray’s Inn.

  • How Updated Int'l Arb Guidelines Clarify Conflicts Of Interest

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    The International Bar Association's recently updated Guidelines on Conflicts of Interest in International Arbitration encourage arbitrators and counsel to disclose a wider range of situations that could be seen as presenting conflicts — an essential step in harmonizing standards across international and cross-cultural contexts, says Flore Poloni at Signature Litigation.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • UK Arbitration Ruling Offers Tips On Quelling Bias Concerns

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    An English court's recent decision in H1 v. W to remove an arbitrator because of impartiality concerns offers several lessons on mitigating bias, including striking a balance between arbitration experience and knowledge of a particular industry, and highlights the importance of careful arbitrator appointment, says Paul-Raphael Shehadeh at Duane Morris.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Bias Ruling Offers Guidance On Disqualifying Arbitrators

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    An English court's recent decision in H1 v. W, removing an arbitrator due to bias concerns, reaffirms practical considerations when assessing an arbitrator's impartiality, and highlights how ill-chosen language by an arbitrator can clear the high bar for disqualification, say Andrew Connelly and Ian Meredith at K&L Gates.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Examining The Arbitration Clause Landscape Amid Risks

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    Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.

  • Insurance Policy Takeaways From UK Lockdown Loss Ruling

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    An English court's recent decision in Unipolsai v. Covea, determining that insurers' losses from COVID-19 lockdowns were covered by reinsurance, highlights key issues on insurance policy wordings, including how to define a "catastrophe" in the context of the pandemic, says Daniel Healy at Brown Rudnick.

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