International Arbitration

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • June 14, 2024

    Russian Businessman's Fight To Enforce $92M Award Ends

    A Russian businessman's decade-long fight to enforce a $92 million arbitral award — a dispute that spurred the U.S. Supreme Court to let him forge a new path to enforcing foreign arbitral awards — finally came to an end this week, as the parties inked a settlement on the eve of a racketeering trial.

  • June 14, 2024

    'Cockamamie' Live Nation Arbitration Rules Perplex 9th Circ.

    An attorney for Live Nation Entertainment Inc. argued to skeptical Ninth Circuit judges on Friday that a California district judge was wrong to remove ticket buyers' antitrust class claims from arbitration by finding the arbitration agreements unconscionable, with one judge calling the language in the agreements "drafting malpractice," "cockamamie" and "just nuts."

  • June 14, 2024

    G7 Takes Aim At China Trade For Prolonging Ukraine War

    The Group of Seven leaders' statement Friday promised additional measures on top of sanctions announced by the U.S. and partner countries this week should Beijing continue selling sensitive technology to Russia.

  • June 14, 2024

    'Riverdance' Star Can't Step Around $30M Estate Arbitration

    Dancer Michael Flatley must arbitrate his €30 million ($32 million) claim against Hiscox over allegations of defective work on his estate in County Cork, an Irish court ruled Friday, saying there is nothing unfair about enforcing the policy's arbitration clause.

  • June 14, 2024

    Off The Bench: Ex-Players Claim NIL, Loss For Trans Swimmer

    In this week's Off The Bench, the 1983 men's college basketball champions want a piece of the loot the NCAA made off of their names, swimmer Lia Thomas loses in her bid to overturn an international trans athlete ban, and the House gets a bill through committee that would keep college athletes from becoming employees.

  • June 13, 2024

    Textualism Still Dominates Justices' Arbitration Decisions

    The U.S. Supreme Court's approach to arbitration issues this past term has helped to exemplify a growing trend by the justices in favor of textualism and away from a less nuanced pro-arbitration mindset that had been favored in previous decades, experts say.

  • June 13, 2024

    Judge Will Tap Arbitrator To Explain $87M Shipping Award

    A New York federal judge will let an arbitrator who found that Levona Holdings Ltd. owed Eletson Holdings Inc. almost $87 million in damages clarify the order, saying it was sufficiently ambiguous to require elaboration and rejecting Levona's request that the arbitrator not be given that chance.

  • June 13, 2024

    Mich. Co. Claims Mexico Owes $2.7B For Illegal Land Grab

    A Michigan consumer products manufacturer has asked an international tribunal to order Mexico to pay it $2.7 billion, saying the country wrongfully seized 700 acres of the company's agricultural land in the Mexican state of Jalisco.

  • June 13, 2024

    Oral Arguments Granted In $51M NOLA Airport Defect Row

    A Louisiana federal judge will hear oral arguments next month over a counterclaim brought by the city of New Orleans concerning damages at a $1 billion terminal project for the Louis Armstrong New Orleans International Airport.

  • June 13, 2024

    GOP Lawmakers Want China Patent Data Amid Tech Pact Talks

    Republican lawmakers are urging the U.S. Commerce Department to provide a full accounting of whether the U.S. government has funded research that resulted in Chinese patents, arguing they need the data to assess potential national security risks as the Biden administration negotiates a new science and technology agreement with China.

  • June 13, 2024

    Trans Swimmer's Quest To Overturn Ban Denied By Panel

    American swimmer Lia Thomas, a transgender woman attempting to compete in the Summer Olympic Games in Paris next month, has lost in her bid to the international Court of Arbitration of Sport to overturn the ban on her eligibility by the world swimming governing body.

  • June 12, 2024

    Uniper Claims €13B Win In Gazprom Gas Supply Fight

    German energy company Uniper said Wednesday that it has been awarded more than €13 billion ($14 billion) by a Swedish arbitration tribunal after the Russian government-controlled natural gas giant Gazprom cut off gas deliveries in mid-2022.

  • June 12, 2024

    Russia Says $208M Ukrainian Utility Award Can't Be Enforced

    Russia has asked a D.C. federal court not to enforce a nearly $208 million arbitral award issued to a Ukrainian electric utility after the Kremlin seized its Crimean assets, saying the arbitration in the underlying dispute was invalid.

  • June 12, 2024

    11th Circ. Could Revive Venezuela Chemical Co. Seizure Suit

    An Eleventh Circuit panel appeared open to reviving a lawsuit accusing Venezuela of unlawfully seizing a chemical company amid allegedly trumped-up criminal drug charges, as the judges spent much of a hearing on Wednesday questioning why a critical witness was barred from testifying.

  • June 19, 2024

    Top Indian Advocate Becomes 3VB Full-Time Tenant

    An eminent advocate who once held the second-highest legal post in India became a full tenant at 3 Verulam Buildings, after he had spent more than a decade as an associate member.

  • June 11, 2024

    St. Kitts Electric Co. Claims Win In $2.7M ICC Arbitration

    St. Kitts Electricity Company Ltd. has announced its successful defense of an approximately $2.7 million international arbitration brought against it by Pure Energy Solutions Ltd., saying an arbitrator decided it didn't breach the two companies' fuel supply agreement.

  • June 11, 2024

    Judge Won't Certify Class In Trafficked Cuban Property Suit

    A Florida federal judge said Tuesday he would not certify a class of U.S. nationals with claims to hotel properties seized by the communist Cuban government in their suit against Expedia Group Inc., saying there were too many individual issues in the suit that predominate over the common issues.

  • June 11, 2024

    Brazilian Energy Co. Gets $73M ICC Award OK'd

    A Manhattan federal court has confirmed a $73 million arbitration award granted to a Brazilian renewable energy company that claimed a Chinese solar cell manufacturer had refused to deliver an order of photovoltaic cells the two companies had agreed upon.

  • June 11, 2024

    Widow Who Signed Docs 'Without Reading' Still Owes $64M

    A London appellate court has ruled that a former Hong Kong resident can't escape a personal guarantee to pay 500 million Hong Kong dollars ($64 million) to cover bonds issued by her husband's company, in part because she entered the contract for business purposes.

  • June 10, 2024

    Pork Producers Look To Put A Fork In Price-Fixing Claims

    Pork producers accused of colluding to diminish supply and inflate prices in sprawling multidistrict litigation have urged a Minnesota federal court to toss all remaining buyers' claims against them, saying statistical reports they use are lawful and their accusers' complaints are untimely.

Expert Analysis

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Defense Practice Pointers In Venezuela Bribe Case Dismissal

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    A Texas federal court’s recent dismissal of charges in U.S. v. Murta — one of over two dozen prosecutions targeting bribes paid to a Venezuelan state-owned oil company — highlights the complicated issues presented by cross-border investigations, and provides lessons for defense counsel representing foreign clients in U.S. prosecutions, say attorneys at Steptoe & Johnson.

  • Strategies For Enforcing Arbitral Awards Against Sovereigns

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    When a large project or investment in a foreign country is unexpectedly expropriated by a new government, companies often prevail in arbitration — but if the sovereign refuses to pay up, collecting the arbitral award may require persistence, creativity, and a mixture of hard and soft approaches, say Gabe Bluestone and Jeff Newton at OmniBridgeway.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Opinion

    OFAC Designation Prosecutions Are Constitutionally Suspect

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    Criminal prosecutions based on the Office of Foreign Assets Control’s sanctions-related listing decisions — made with nearly unfettered discretion through an opaque process — present several constitutional issues, so it is imperative that courts recognize additional rights of review, say Solomon Shinerock and Annika Conrad at Lewis Baach.

  • 9th Circ. Ruling Shows Int'l Arbitration Jurisdictional Snags

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    While the Ninth Circuit sidestepped the thorny and undecided constitutional question of whether a foreign state is a person for the purposes of a due process analysis, its Devas v. Antrix opinion provides important guidance to parties seeking to enforce an arbitration award against a foreign sovereign in the U.S., say attorneys at Wiley.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • Contract Disputes Recap: Nonmonetary Claims, Timeliness

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    Bret Marfut and Stephanie Magnell at Seyfarth look at recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims that shed light on the jurisdictional contours of the Contract Disputes Act and provide useful guidance on timely filings and jurisdiction over nonmonetary claims.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

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