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International Arbitration
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June 26, 2024
Consultancy Broadstone Warns Insurers Of Geopolitical Risks
Insurers could risk a reduction in business, higher claims frequency, and investment and operational losses due to the world's major geopolitical upheavals, a consultancy warned Wednesday.
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June 25, 2024
John Fogerty Aussie Music Festival Fight Sent To Arbitration
An Australian judge has ordered an event management company to submit to arbitration in California to resolve a dispute with John Fogerty — the former lead singer of the 1960s and '70s rock band Creedence Clearwater Revival — over a soured deal to headline a music festival in Queensland.
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June 25, 2024
Court Finds Russia Responsible For Human Rights Violations
An international court ruled unanimously Tuesday that Russia has committed human rights violations in Crimea following its 2014 invasion of the disputed peninsula by carrying out abductions, raids of private homes and other actions that contributed to a broader effort to stifle dissent.
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June 25, 2024
Texas Man Says Injury Claim Against Shell Can't Be Arbitrated
A Texas man whose foot had to be amputated following an accident on a Nigerian offshore drilling rig is fighting a Shell subsidiary's bid to send the personal injury dispute to arbitration in the Netherlands, saying the company has been actively litigating the case for years.
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June 25, 2024
Snell & Wilmer Adds Kirkland IP Partner In DC
A longtime Kirkland & Ellis LLP litigator has jumped to Snell & Wilmer LLP's intellectual property group in Washington, D.C., the firm announced Monday.
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June 24, 2024
9th Circ. Upholds Fine For Fake News In $18B Chevron Case
The Ninth Circuit has affirmed a $268,000 fine against a Seattle attorney for filing a fake newspaper article as a court exhibit in an attempt to bolster his clients' efforts to enforce a nearly $18 billion arbitral award against Chevron.
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June 24, 2024
Miner Wins $9.6M In Royalty Fight With Colombia
An international tribunal ordered Colombia to pay $9.56 million to a British mining and metals company following a dispute over royalties collected on a nickel mine, as the tribunal concluded that there had been "irregularities" in the way the country calculated the amount due.
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June 24, 2024
Justices Will Consider New Question In Holocaust Suit
The U.S. Supreme Court has agreed to again consider a long-running expropriation case brought by Holocaust survivors against Hungary, this time to resolve whether the historical commingling of assets is enough to establish that proceeds of seized property have a commercial nexus to the U.S.
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June 21, 2024
Insurer Targets Ex-Employee Over $47M Plant Financing Claim
British insurance company Beazley has targeted a former employee in Florida federal court, accusing the former underwriter of exposing it to a $47 million arbitration claim in Brazil after he improperly inked a deal with a reinsurer as part of an ill-fated financing pact for a thermoelectric plant.
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June 21, 2024
Canadian Miner Now Seeking $408M In Mexico Claim
Canadian mining company Silver Bull Resources Inc. says it has more than doubled the amount of damages it's seeking in arbitration against Mexico for failing to remove an alleged blockade at a silver and zinc mine in a northern part of the country to some $408 million.
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June 21, 2024
Russian Bank Founder Hit With Asset Freeze In $850M Claim
A London judge froze the assets of the co-founder of a Russian bank in a hearing Friday, in the latest development of an $850 million fraud claim in which two Russian lenders are seeking to claw back allegedly embezzled funds.
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June 20, 2024
Panama Claims Immunity In Construction Firm's Countersuit
Panama has urged a Florida federal court to reject a Miami businessman's countersuit alleging that a previous settlement bars the enforcement of a $4.8 million arbitral award against him and his construction firm, saying that it has immunity and that no such agreement existed.
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June 20, 2024
Study Shows Compliance With ICSID Damages Awards Is High
Countries have voluntarily complied with or inked settlements in connection with the overwhelming majority of damages awards issued by the International Centre for Settlement of Investment Disputes while voluntary compliance with costs awards has been somewhat more elusive, according to an ICSID study published this week.
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June 20, 2024
Zimbabwe Says $50M Mining Award Can't Be Enforced
The Republic of Zimbabwe is urging the D.C. Circuit to overturn a ruling forcing it to face litigation to enforce a decade-old $50 million arbitral award stemming from a soured mining deal, arguing that a lower court mistakenly rejected its sovereign immunity defense.
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June 20, 2024
Former NY Bar President Joins Withers From Nixon Peabody
A former New York State Bar Association president and veteran of the Empire State's commercial litigation scene has left his practice at Nixon Peabody LLP to join Withers as senior counsel, Withers announced Thursday.
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June 18, 2024
Legal Clinic Can't Weigh In On Motorcycle Co.'s Mexico Claim
A Canadian appeals court has rejected a public interest legal clinic's request to opine on the test for procedural unfairness as U.S.-based Vento Motorcycles looks to revive its claim blaming Mexico for destroying its business by slapping what it says are unfair tariffs on its bikes.
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June 18, 2024
Panama Gov't Faces New Proceedings Over Canal Expansion
The Panamanian government is facing two new arbitration proceedings brought by two shareholders of a contractor over efforts to expand the Panama Canal, according to a statement issued Monday by the Panama Canal Authority.
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June 18, 2024
Korean Airline Can't Get $50M Catering Award Nixed
A California judge has enforced a $50 million arbitral award issued to a catering company following a dispute with South Korea's Asiana Airlines, rejecting an argument that the award couldn't be enforced because the underlying contract was tainted by corruption.
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June 18, 2024
Ex-Yukos Oil Investors Auction Russian Vodka TMs For €1.6M
The former shareholders of Yukos Oil Co. said Monday they have auctioned the Benelux rights to trademarks for 18 Russian vodka brands, including Stolichnaya and Moskovskaya, as they continue their effort to enforce $50 billion in arbitral awards against Russia.
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June 17, 2024
Disney Cruise Says Ex-Worker Must Arbitrate In London
Disney Cruise Lines has told a Florida federal court that a Honduran ex-employee who was fired for twice testing positive for marijuana must arbitrate his wrongful termination claim in London.
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June 17, 2024
Hurricane Coverage Fight Must Be Arbitrated, 5th Circ. Rules
The Fifth Circuit has ruled that a group of domestic insurers could force arbitration of a coverage dispute for hurricane damage under an international arbitration clause despite conflicting state law, overturning the underlying ruling based on a since-issued opinion.
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June 17, 2024
Dutch Insurer Says Record Clear To Affirm $160M Arbitration
A Dutch insurer is pushing a North Carolina federal judge to confirm a €150 million (roughly $160 million) arbitration award against insurance mogul Greg Lindberg and his companies, citing a recent order in which the court acknowledged the award as binding.
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June 17, 2024
Justices Reject Dispute Over $3.1B South Korean Military Deal
The U.S. Supreme Court declined Monday to consider the scope of commercial activities in a case brought by a brokerage firm fighting the loss of a $3.1 billion South Korean military satellite deal.
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June 17, 2024
Spain Revives State Immunity Bid To Ax €120M Award
Spain urged an appeals court on Monday to set aside a €120 million ($128 million) arbitration award granted to two investors after it slashed its economic incentives for renewable energy, arguing that the country was immune from the jurisdiction of the English courts.
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June 14, 2024
2nd Circ. Releases Citi From Order To Freeze Assets In Gabon
The Second Circuit vacated a protective injunction requiring Citibank to freeze more than $151 million at its Gabon branch amid a shareholder battle for control of a Cameroonian oil pipeline company, saying the New York district court exceeded its jurisdiction by ordering the freeze.
Expert Analysis
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EU Inquiry Offers First Insight Into Foreign Subsidy Law
The European Commission's first in-depth investigation under the Foreign Subsidies Regulation into a public procurement process, and subsequent brief on regulatory trends, sheds light on the commission's approach to such cases, as well as jurisdictional, procedural and substantive issues under the regulation, says Matthew Hall at McGuireWoods.
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Assessing 2 Years Of High Court's Arbitration Waiver Ruling
In the two years since the U.S. Supreme Court's decision in Morgan v. Sundance, clarifying that no special rules apply to waiver of arbitration provisions, the ruling has had immediate ramifications in federal courts, but it may take some time for the effects to be felt on other federal issues and in state courts, say attorneys at Norton Rose.
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In Int'l Arbitration Agreements, Be Clear About Governing Law
A trilogy of recent cases in the English High Court and Court of Appeal highlight the importance of parties agreeing to explicit choice of law language at the outset of an arbitration agreement in order to avoid costly legal skirmishes down the road, say lawyers at Faegre Drinker.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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3 Notification Pitfalls To Avoid With Arbitration Provisions
In Lipsett v. Popular Bank, the Second Circuit found that a bank's arbitration provision was unenforceable due to insufficient notice to a customer that he was bound by the agreement, highlighting the importance of adequate communication of arbitration provisions, and customers' options for opting out, say attorneys at Covington.
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Opinion
9th Circ. Nazi Art Theft Ruling Is Bad For Repatriation Cases
The Ninth Circuit’s recent decision in Cassirer v. Thyssen-Bornemisza Collection Foundation, holding that a Spanish museum doesn't have to return a Nazi-stolen painting to the original Jewish owners, spells trouble for future heirloom repatriation cases, which hinge on similar archaic laws, say Andrea Perez and Josh Sherman at Carrington Coleman.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Opinion
OFAC Should Loosen Restrictions On Arbitration Services
The Office of Foreign Assets Control regulations should be amended so that U.S. persons can provide arbitration services to sanctioned parties — this would help align OFAC policy with broader U.S. arbitration policy, promote efficiency, and effectively address related geopolitical and regulatory challenges, says Javier Coronado Diaz at Diaz Reus.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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5 Tips For Policyholders Arbitrating R&W Insurance Claims
With more representations and warranties insurance disputes being arbitrated, policyholder counsel should note issues that are unique to RWI claims, including those of privilege, priority and preserving subrogation, says Micah Skidmore at Haynes Boone.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.