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International Arbitration
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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.
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July 31, 2024
Canadian Soccer Team Can't Undo Drone Spying Sanctions
The Court of Arbitration for Sport on Wednesday left in place a six-point deduction for the Canadian women's soccer team at the Paris Olympics following revelations that team officials used drones to surveil the New Zealand team's practice ahead of the opening ceremonies.
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July 31, 2024
Eversheds Sutherland Launches Arbitration Practice In Poland
Eversheds Sutherland has launched an arbitration and complex commercial disputes practice in its Warsaw, Poland, office, bringing over three attorneys previously with Kochanski & Partners to operate it.
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July 30, 2024
Georgia Fends Off Massive Port Project Claim
An international tribunal has rejected a multinational consortium's claim against the Georgian government for nixing a contract to construct a deep-water port on the eastern shore of the Black Sea.
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July 30, 2024
Fla. Court Won't Nix Award In Israeli Sunglasses Fight
A Florida federal judge declined Monday to vacate an arbitral award issued to sunglasses maker Verso Israel LLC in a $3 million dispute with an Israeli pop star accused of undercutting a deal to promote the brand, ruling that the pop star's motion was filed far too late.
Expert Analysis
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Ambiguity Ruling Highlights Deference To Arbitral Process
A New York federal court’s recent ruling in Eletson v. Levona, which remanded an arbitral award for clarification, reflects that the ambiguity exception’s analysis is not static and may be applied even in cases where the award, when issued, was unambiguous, says arbitrator Myrna Barakat Friedman.
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EU Investor-State Dispute Transparency Rules: Key Points
The European Union's recent vote to embrace greater transparency for investor-state arbitration will make managing newly public information more complex for all parties in a dispute — so it is important for stakeholders to understand the risks and opportunities involved, say Philip Hall, Tara Flores and Charles McKeon at Thorndon Partners.
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25 Years Of OECD's Anti-Bribery Convention
Marking its 25th anniversary this year, the Organization for Economic Cooperation and Development's anti-bribery convention has advanced legislative reforms and reshaped corporate conduct in dozens of countries amid the persistent challenges of uneven enforcement and political pressure, say attorneys at Debevoise.
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Decoding Arbitral Disputes: Intra-EU Enforcement Trends
Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed
A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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UK Supreme Court Confirms Limits To Arbitration Act Appeals
Every year, disappointed parties come out of U.K.-seated arbitrations and try to seek redress in the English courts, but the U.K. Supreme Court's recent decision in Sharp v. Viterra serves as a reminder of the strict restrictions on appeals brought under the Arbitration Act, says Mark Handley at Duane Morris.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.