International Arbitration

  • January 02, 2025

    Spain Details Imminent High Court Bid In Intra-EU Award Suits

    Spain is planning to ask the U.S. Supreme Court to review a D.C. Circuit decision that greenlighted the enforcement of intra-European Union investor-state awards in U.S. federal courts, saying in court filings that the appeal raises serious issues related to foreign sovereign immunity.

  • January 02, 2025

    Former Sullivan & Cromwell Arbitration Head Goes Solo

    A decadelong leader of Sullivan & Cromwell LLP's arbitration practice announced he is going solo on Thursday after nearly four decades with his prior firm.

  • January 01, 2025

    The Top 5 High Court Cases To Watch This Spring

    The U.S. Supreme Court justices will return from the winter holidays to tackle major First Amendment questions and several administrative law disputes — all arising from the Fifth Circuit — that could further change how federal agencies promulgate rules and defend them.

  • January 01, 2025

    Top International Trade Policy Stories To Watch In 2025

    The re-election of Donald Trump has once again put U.S. trade policy center stage, as corporate attorneys brace for the sort of tariff and dealmaking whirlwind that came to define much of Trump's first term.

  • January 01, 2025

    3 International Arbitration Trends To Watch in 2025

    As we transition into 2025, experts in international arbitration say they are looking out for how three trends will influence the practice area: a likely increasing number of disputes under the new administration of President-elect Donald Trump, new cities trying to get into the dispute resolution business and artificial intelligence continuing to impact arbitration in (hopefully) beneficial ways.

  • January 01, 2025

    5 International Arbitration Cases To Watch In 2025

    The U.S. Supreme Court and the D.C. Circuit are set to decide cases in 2025 that could have a wide effect on how courts interpret the Foreign Sovereign Immunities Act and could provide a pathway for investor-state claimants to enforce awards against European countries. The Federal Circuit, meanwhile, is adjudicating a case that could have important effects in the arbitration and intellectual property fields. Here are five cases to watch over the next year.

  • December 20, 2024

    Fla. Judge Orders Ky. Tower Sale Laundering Case To Proceed

    A Florida federal judge denied a request by two Miami businessmen to toss a civil forfeiture lawsuit brought by the U.S. government in an attempt to seize $9.1 million from the sale of a Kentucky office tower with alleged links to a Ukrainian money laundering scheme.

  • December 20, 2024

    Trade Panel Strikes Down Mexico's Curbs On Biotech Corn

    Mexico's 2023 restrictions on the use of genetically modified corn to make tortillas and animal feed violated the country's trade accord with the U.S., a dispute settlement panel ruled Friday, finding that the policy was not based on sound science. 

  • December 20, 2024

    DC Circ. Backs Dismissal Of Energy Co.'s $1.1B Angola Suit

    The D.C. Circuit refused Friday to revive an energy company's lawsuit against Angola over $1.1 billion worth of nixed power plant contracts, agreeing with courts in New York that the dispute must be litigated in the African country.

  • December 20, 2024

    11th Circ. Won't Reconsider Nixing $440M Cuba Dock Claim

    The Eleventh Circuit said it won't take a second look at its decision upending a $440 million judgment against four cruise lines that were accused of participating in prohibited tourism in Cuba by way of utilizing a dock that once belonged to a U.S.-based company.

  • December 20, 2024

    Halliburton Tells High Court That Age Bias Battle Can't Go On

    Halliburton told the U.S. Supreme Court that an ex-worker is attempting to create a "back door" to challenge an arbitration award that resolved his age bias suit, urging the justices to join the Tenth Circuit in finding that the case had run its course.

  • December 19, 2024

    Fla. Judge OKs $12M Award In Nigerian Oil Fight

    A Florida judge Wednesday allowed Côte d'Ivoire's state-owned energy company to enforce an $11 million arbitral award it won following a troubled joint venture to acquire and manage some of Chevron's West African downstream assets, largely rejecting Nigeria-based MRS Holdings Ltd.'s jurisdictional objections.

  • December 19, 2024

    US Co.'s Claim Over Canada Coal Phaseout Nixed

    Westmoreland Coal Co. has lost its investor-state claim against Canada after lawmakers in Alberta opted to fast-track a planned coal phaseout, Ottawa has confirmed.

  • December 19, 2024

    The Biggest UK Supreme Court Decisions Of 2024

    The U.K. Supreme Court in 2024 has looked into the enforcement of arbitration agreements, put an end to brand owners collecting broad trademark monopolies, galvanized climate activism and stressed the importance of solicitor-client costs agreements.

  • December 18, 2024

    1st-Ever Arb. Antitrust Casino Class Certified In Shuffler Suit

    Scientific Games' successor Light & Wonder Inc. must battle arbitration from customers accusing the gambling company of monopolizing the automatic card shuffler market using fraudulently obtained patents, after an arbitrator said there's no need to individually assess the arbitration provisions of all roughly 112 class members.

  • December 18, 2024

    China Co. Asks Justices To Review E-Commerce Jurisdiction

    China-based e-commerce company Zembrka has asked the U.S. Supreme Court to review a Second Circuit opinion that found proof of an online transaction in a particular state is enough to establish personal jurisdiction, regardless of whether the product ships or is refunded.

  • December 18, 2024

    Insurers Say Arbitration Is Proper In $7M Ida Damage Suit

    A group of international and domestic insurers asked a Louisiana federal judge to keep in place an order to arbitrate a $7 million Hurricane Ida damage claim, disputing a property owner's argument that state law has a say in the matter.

  • December 18, 2024

    EU Court Rejects Latest Challenge To Portugal's Tax Clawback

    A European court rejected a Brazilian-based company's challenge Wednesday to a European Commission ruling that Portugal must claw back tax breaks provided to companies with no local economic activity because that ran counter to commission-approved policies.

  • December 18, 2024

    Mobile Game Co. Can Arbitrate False Advertising Claims

    A Manhattan federal judge said mobile game maker Papaya Gaming can arbitrate claims it misleadingly represents that users can compete with other live people, ruling that the terms of use contained valid arbitration clauses.

  • December 17, 2024

    Distributor Seeks OK Of $131M Venezuela Award

    A Hong Kong goods distributor has kicked off litigation in Delaware looking to enforce a $131 million arbitral award against a subsidiary of Venezuela's state-owned oil company, stating in its petition that it wants to target the country's interest in the oil giant Citgo.

  • December 17, 2024

    Google-Apple Collusion Plaintiff Asks 9th Circ. To Revive Suit

    A California crane operator training school asked the Ninth Circuit on Monday to revive its case accusing Google of paying Apple to refrain from developing its own search engine in light of a recent Washington, D.C., federal judge's decision that Google monopolizes the search market.

  • December 17, 2024

    Renewable Energy Investor Asks Court To OK €42M Award

    A Luxembourg-based renewable energy investment firm on Tuesday urged a District of Columbia federal judge to confirm a €41.8 million ($43.9 million) arbitration award over Spain's abandoned energy economic incentives after the D.C. Circuit recently said such awards can be enforced.

  • December 17, 2024

    Yukos Capital Opposes Stay In $5B Russia Award Suit

    The financing arm of Yukos Oil Co. urged a D.C. federal court on Monday not to pause its lawsuit looking to enforce a $5 billion arbitral award against Russia while litigation involving similar issues plays out, saying the Kremlin is needlessly dragging its feet.

  • December 17, 2024

    Plex Wrongly Refused To Arbitrate Privacy Claims, Suit Says

    A Plex subscriber is claiming the streaming service violated its terms of service by refusing to arbitrate claims that it was breaching federal and state privacy laws.

  • December 16, 2024

    Lender Takes Aim At $2B Commisimpex Awards

     A New York state court has issued a temporary restraining order over some $2 billion in arbitral awards still owed by the Republic of the Congo to Commissions Import-Export SA following a decades-old feud over unpaid public works contracts, citing a request from a lender.

Expert Analysis

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • Decoding Arbitral Disputes: Spain Faces Award Enforcement

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    Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.

  • 'Minimum Contacts' Issues At Stake In High Court FSIA Case

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    In CC/Devas v. Antrix, the U.S. Supreme Court must decide whether a "minimum contacts" requirement should be implied in the Foreign Sovereign Immunities Act, with the potential to dramatically change the legislative landscape through the establishment of a new and significant barrier to U.S. suits against foreign states, say attorneys at WilmerHale.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

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