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International Arbitration
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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June 10, 2024
Bankrupt UpHealth Warned Of Criminal Charges In India
A court in India said it has received a criminal charge sheet issued by an investigative governmental agency in Calcutta against bankrupt American healthcare company UpHealth, targeting it and executives over accusations that they conspired to defraud a local healthcare system.
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June 10, 2024
US Treasury Targets Houthi Maritime Smuggling Network
The U.S. Department of the Treasury added 10 entries to its sanctions blacklist Monday, including designations for crew members and purported document forgers linked to an Iran-based financier the agency views as a leading enabler of Yemen's Houthi rebels.
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June 07, 2024
Swiss Investor Leaves Ring In $3M Suit Over Boxing Match
A California federal judge has dismissed claims by an event organizer against a Switzerland-based investment firm over the financing of a pay-per-view boxing match, deciding it wasn't a party to the approximately $3 million contract dispute, and the organizer misinterpreted its funding role.
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June 07, 2024
Derains & Gharavi Hires Int'l Arbitration Counsel In Paris
Derains & Gharavi, a law firm in Paris that focuses on resolving international disputes via arbitral proceedings, has hired a lawyer who previously worked within the litigation and arbitration team at Bredin Prat SAS.
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June 07, 2024
3 IPEF Agreements Done, But Still No Sign Of Trade Pillar
Three of the four "pillars" of the Indo-Pacific Economic Framework for Prosperity and the initiative's overarching agreement are now complete, the U.S. Department of Commerce has announced, but there's still no timeline for finishing the deal's trade pillar
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June 07, 2024
Swiss Finance Watchdog Issues New Cyber Warnings
Switzerland's financial markets regulator issued new guidance for all regulated firms on Friday, telling them how to manage cyber risks after finding that many are failing to take the right steps to prevent attacks, including those against the service providers they use.
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June 14, 2024
Bird & Bird London Arbitration Chief Floats New Solo Practice
The head of international arbitration at Bird & Bird LLP in London has left his job and set up a solo practice in a move to focus on the types of arbitration he enjoys without the shackles of a big firm.
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June 06, 2024
La. Commercial Property Co. Settles Storm Insurance Dispute
A Louisiana federal judge has dismissed a commercial property owner's coverage fight over windstorm damage after the company settled in arbitration with a group of 10 insurers.
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June 06, 2024
Transport Monopoly Indictment Is Deficient, Accused Says
One of 12 individuals who U.S. federal prosecutors claim conspired to monopolize cross-border sales of used vehicles and other goods from the U.S. to Central America using violence has moved to dismiss antitrust charges, saying prosecutors omitted elements of an indictable offense.
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June 06, 2024
AI Co. UiPath's $70M Award Over Chinese Code Theft OK'd
A New York federal judge has affirmed an unopposed $70 million arbitration award in favor of U.S. artificial intelligence software and robotic process automation company UiPath against a China-based competitor over allegedly stolen source code.
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June 06, 2024
'Brussels Effect' Of EU's AI Act Is Uncertain, Legal Pros Say
BigLaw attorneys advising international clients on the European Union's AI Act tell Law360 there are significant uncertainties over vague terms in the 458-page statute, how its steep eight-figure fines will be enforced, and whether it will set a new standard globally as part of the "Brussels effect."
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June 05, 2024
Bank Shareholders Say Venezuelan Takeover Cost Them $27M
Shareholders in a small Miami bank told jurors Wednesday that board members working for the Venezuelan government had taken control of the bank and cost shareholders $27 million by engaging with the sanctioned Venezuelan government.
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June 05, 2024
9th Circ. Won't Review Cathay Pacific Ticket Refund Fight
The Ninth Circuit on Wednesday refused to reconsider its decision ordering a couple who were left stranded in the Philippines during the height of the COVID-19 pandemic to arbitrate their breach of contract dispute with Cathay Pacific Airways under their contract with a third-party booking site.
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June 05, 2024
Water Co. Settles Project Dispute With Mexico For $36M
A Cayman Islands company that specializes in water supply and treatment plants said it has settled its dispute with Mexico over a terminated project to construct a desalination plant and will sell the land on which the plant was to be built for approximately $36 million.
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June 05, 2024
Chamber Says New Docs Show Transparency Issues At USTR
The U.S. Chamber of Commerce is expressing transparency concerns about certain policy decisions after documents provided under the Freedom of Information Act revealed that Biden trade officials are utilizing a "deferential and highly coordinated approach" in their relationship with Sen. Elizabeth Warren, D-Mass.
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June 05, 2024
Cannabis Co. Protests $4M Award, Asserting Arbitrator Error
Cannabis company Neptune Wellness Solutions Inc. urged a New York federal court Tuesday to upend a nearly $4 million arbitration award to an entrepreneur whose business merged with the Canadian company, asserting that the winnings, specifically attorney fees, should have been reduced by 98%.
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June 05, 2024
Alston & Bird Hires 2 Arbitration Pros In London
Alston & Bird LLP has recruited two specialists in international arbitration from a law firm in Dubai in a move to strengthen its capabilities in commercial and construction disputes as well as investor-state cases.
Expert Analysis
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Key Litigation Funding Rulings Will Drive Reform In 2024
Ground-breaking judgments on disputes funding and fee arrangements from 2023 — including that litigation funding agreements could be damages-based agreements, rendering them unenforceable — will bring legislative changes in 2024, which could have a substantial impact on litigation risk for several sectors, say Verity Jackson-Grant and David Bridge at Simmons & Simmons.
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Will Justices Settle Decades-Old Split On Arbitrator Conflicts?
Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.
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Protections May Exist For Cos. Affected By Red Sea Attacks
Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Wachtell-X Ruling Highlights Trend On Arbitrability Question
A growing body of case law, including a California state court's recent decision in X Corp. v. Wachtell, holds that incorporation of specific arbitral body rules in an arbitration provision may in and of itself constitute clear and unmistakable evidence of delegation of arbitrability to an arbitrator, and thus such clauses should be drafted carefully, say attorneys at Norton Rose.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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4 International Arbitration Trends To Monitor In 2024
Global growth slowed substantially in 2023, and may continue into 2024 due to geopolitical instability, which could fuel four key trends in international arbitration in the coming year, including investor-state and commercial arbitration, an increase in arbitration out of China, and more, say Gregory Litt and Sharmistha Chakrabarti at Skadden.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Arbitration Remains Attractive For Digital Disputes In 2024
Recent regulatory and digital forum developments highlight that, in 2024, arbitration will continue to adapt to new technologies, such as artificial intelligence and cryptocurrency, and remain an attractive forum for resolving digital disputes due to its flexibility, confidentiality and comparative ease to enforce cross-border awards, says Peter Smith at Charles Russell.