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International Arbitration
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August 08, 2024
Ghana Must Pay $111M In Power Plant Fight, Court Rules
A D.C. federal judge has issued a default judgment against Ghana for more than $111 million left unpaid on an arbitral award issued by a London tribunal over the country's breach of a power plant operating deal with a subsidiary of commodities giant Trafigura.
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August 08, 2024
Rising Star: Crowell & Moring's Randa Adra
Randa Adra of Crowell & Moring LLP helped lead a $1.7 billion arbitration between an Egyptian state agency and Damietta International Port Co., playing a significant role in the infrastructure dispute involving complex financial and engineering issues and landing her among the international arbitration attorneys under age 40 honored by Law360 as Rising Stars.
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August 07, 2024
Investor Asks Justices To Overturn $5.7M Arb. Award Ruling
An investor who put money into an unsuccessful business looking to revolutionize the chemical manufacturing industry urged the U.S. Supreme Court Wednesday to overturn a split Ninth Circuit decision enforcing a $5.7 million arbitration award in favor of that business' founders, arguing the award should never have been issued.
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August 07, 2024
3 International Arbitration Trends To Watch: A Midyear Report
As 2024 comes to a close, savvy international arbitration practitioners will be watching a trio of trends: the rise of environmental-related disputes, an ongoing conversation about the use of artificial intelligence in international arbitration, and the continuing evolution of arbitral rules.
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August 07, 2024
Fla. Bank Shareholders Lose Bid To Stop Recapitalization Deal
A Florida federal judge has denied a post-trial bid by Eastern National Bank NA shareholders to halt a recapitalization deal and stop the bank's board from implementing an equity compensation plan following claims that the bank didn't have proper authorization from the U.S. government to implement the plan.
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August 07, 2024
Rising Star: King & Spalding's Agnès Bizard
Agnès Bizard of King & Spalding LLP successfully convinced the Paris Court of Appeal that an arbitral tribunal erred in concluding it could not hear a $4 billion investment arbitration against Uruguay over an iron ore mining project, earning Bizard a spot among the international arbitration law practitioners under age 40 honored by Law360 as Rising Stars.
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August 06, 2024
Iraqi Kurdish Gov't Looks To Nix $490M Debt Suit
The Kurdistan Regional Government of Iraq urged a New York court Monday to toss litigation to enforce a $490 million judgment issued in a dispute over a loan to a Kurdish mobile phone operator, saying an international arbitration tribunal has confirmed that the debt no longer exists.
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August 06, 2024
DC Circ. Rules Russia Is Immune From Suit Over Jewish Texts
The D.C. Circuit ruled Tuesday that the federal court never had jurisdiction over a Jewish group's decades-old allegations that Russia is illegally holding on to its long-lost sacred texts, finding that the country has sovereign immunity and voiding nearly $200 million in fines levied against Russia.
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August 06, 2024
Norwegian Telecom Co. Hits Chile With Claim At ICSID
A Norwegian telecommunications investment firm has made good on its threat to hit Chile with an investor-state claim at the International Centre for Settlement of Investment Disputes over actions the country allegedly took to jeopardize a high-speed telecom project.
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August 06, 2024
Rising Star: Jones Day's Claire Pauly
Claire Pauly of Jones Day acted as lead counsel in a preliminary phase of a construction company's arbitration against a major French energy producer, convincing an international tribunal to toss the bulk of the billion-dollar claim and earning her a spot among the international arbitration attorneys under age 40 honored by Law360 as Rising Stars.
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August 05, 2024
Nondisclosure Led To 'Apparent Bias' In Nigeria Oil Case
A London court has ordered a tribunal to reconsider an arbitral award issued in a $2 billion case over a funding deal for Nigerian oil fields, ruling that a since-replaced arbitrator had wrongly failed to reveal the total extent of her relationship with Freshfields Bruckhaus Deringer LLP.
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August 05, 2024
Ivory Coast Can't Enforce $12M Award In Fla., Oil Co. Says
A Nigerian oil company sued by the Ivory Coast to enforce a $12 million arbitration award over a distribution joint venture has told a Florida federal court that the lawsuit must be dropped, saying the oil company has no ties to the Sunshine State.
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August 05, 2024
McCarthy Tétrault Can't Prove Need For Partner Redundancy
A disputes partner at McCarthy Tétrault LLP has won his redundancy claim against the firm after it failed to convince an employment tribunal that it had to let him go because of diminishing arbitration and litigation work in its London office.
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August 05, 2024
Rising Star: Gibson Dunn's Charline Yim
Gibson Dunn & Crutcher LLP's Charline Yim helped rapper Jay-Z's SCLiquor LLC settle its dispute with Bacardi over the value of their joint cognac venture, earning her a spot among the international arbitration law practitioners under age 40 honored by Law360 as Rising Stars.
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August 02, 2024
Judge Won't Enforce $330M In Defaulted Venezuelan Bonds
A New York federal judge on Thursday declined to enforce some $330 million in defaulted bonds issued by Venezuela's state-owned oil company, relying on a rarely invoked state ban on champerty that prohibits claims brought by entities that acquire a debt solely to pursue enforcement litigation.
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August 02, 2024
S. Korea Loses Bid To Set Aside $48.5M Hedge Fund Award
A London court has upheld a $48.5 million arbitral award favoring hedge fund Elliott Associates LP against South Korea in a dispute over a government bribery scandal that allegedly underpinned the $8 billion merger of two Samsung affiliates in 2015.
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August 02, 2024
8th Circ. Says Mining Co. Can't Escape Peruvians' Claims
The Eighth Circuit refused to overturn a ruling greenlighting litigation filed by more than 1,400 Peruvian nationals against U.S. billionaire Ira Rennert and his holding company The Renco Group seeking to hold them liable for alleged lead poisoning tied to a smelting and refining complex in rural Peru.
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August 02, 2024
Akin Debuts AI Law & Regulation Info Tracker
Global BigLaw firm Akin Gump Strauss Hauer & Feld LLP launched a tracker to help monitor changing policies related to artificial intelligence in various fields including intellectual property, data privacy, health and national security.
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August 02, 2024
Off The Bench: NFL Reversal, Drone Spying, UFC Deal Tossed
In this week's Off The Bench, a bombshell ruling wipes out a $4.7 billion antitrust verdict against the NFL, Canada takes it on the chin for Olympic drone spying, and a nine-figure settlement to address UFC wage suppression is rejected.
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August 02, 2024
CORRECTED: Delay Sought In Citgo Auction
A Delaware federal judge has appeared open to postponing to October an auction for Citgo Petroleum Corp.'s parent company, a proceeding aimed at satisfying billions of dollars in Venezuelan debt. Correction: A previous version of this article mischaracterized the nature of Judge Stark's order. The error has been corrected.
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August 01, 2024
Midyear Report: 4 International Arbitration Cases To Watch
The latter half of 2024 is shaping up to be a busy one in international arbitration, as practitioners await decisions on the enforceability of intra-European Union arbitral awards in the U.S. and on whether Russia must face efforts to enforce $50 billion in arbitral awards against it, along with the culmination of a nearly decadelong fight to enforce a $1.2 billion arbitral award against Venezuela and ongoing efforts to enforce a massive $15 billion award against Malaysia.
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August 01, 2024
Air Canada Seeks To Confirm $25.6M Award Against Venezuela
Air Canada has asked a D.C. federal judge to enforce an arbitration award against Venezuela now valued at $25.6 million based on a dispute over its operations in Caracas, saying a tribunal favored its claims in 2021, but the country has failed to pay the airline ever since.
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August 01, 2024
3rd Circ. Affirms Nix Of Discovery Ask On GM In Brazil Case
A Delaware federal court didn't abuse its discretion by declining to begin discovery on General Motors to aid ongoing litigation in Brazil for a group that is entitled to receive dozens of car dealerships' tax credits from the early 1990s, the Third Circuit found.
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July 31, 2024
Ghanaian Oil Co. Hit With Sanctions In Discovery Fight
A Texas federal judge has slapped sanctions against an African energy company after finding that it lied in Ghanaian court about a discovery dispute related to a case in Ghana, saying attorney fees and costs are appropriate in relation to several proceedings.
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July 31, 2024
DC Circ. Revives Insurer's Bid To Enforce Argentina Awards
The D.C. Circuit has revived an insurance company's efforts to enforce arbitral awards it won against Argentina in a decades-old dispute over tens of millions of dollars due under reinsurance contracts, ordering a lower court to more closely consider two exceptions to sovereign immunity.
Expert Analysis
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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Ecuador Ruling Marks Significant Step For Arbitral Certainty
The Constitutional Court of Ecuador's recent holding that a foreign arbitral award did not require homologation before local enforcement is a positive step toward fostering greater certainty in international business dispute resolution in the region, say Luis Perez and Ildefonso Mas at Akerman.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Contractual Drafting Takeaways From Force Majeure Ruling
Lawyers at Cleary discuss the U.K. Supreme Court's recent judgment RTI v. MUR Shipping and its important implications, including how the court approached the apparent tension between certainty and commercial pragmatism, and considerations for the drafting of force majeure clauses going forward.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Decoding Arbitral Disputes: Spanish Judicial Oversight
The recent conviction of arbitrator Gonzalo Stampa underscores the critical importance of judicial authority in the realm of international arbitration in Spain, and emphasizes that arbitrators must respect the procedural frameworks established by Spanish national courts, says Josep Galvez at 4-5 Gray’s Inn.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Foreign Discovery Insights 2 Years After ZF Automotive
Although an Arizona federal court decision last month demonstrates that Section 1782 discovery may still be available to foreign arbitral parties, the scope of such discovery has narrowed greatly since the U.S. Supreme Court's 2022 decision in ZF Automotive, and there are a few potential trends for practitioners to follow, say attorneys at Venable.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Tracking China's Push To Invalidate Foreign Patents
China’s increasing use of courts and administrative panels to nullify patents in strategically important industries, such as technology, pharmaceuticals and rare-earth minerals, raises serious concerns about the intellectual property rights of foreign businesses operating there, say Rajat Rana and Manuel Valderrama at Selendy Gay.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.