International Arbitration

  • September 30, 2024

    DC Circ. NextEra Decision Leaves Door Open For Further Args

    The D.C. Circuit effectively kicked the can down the road in August when it nixed Spain's jurisdictional objections in litigation to enforce some $395 million in arbitral awards while declining to issue a merits decision, setting up an enforcement battle that could turn on the underlying arbitration regime.

  • September 30, 2024

    Webuild Escapes Suit Over $140M Award In Delaware

    Italian construction giant Webuild has skirted a Chilean construction company's bid to enforce a $140 million arbitral award arising from a soured hospital construction project in the Chilean capital of Santiago, after a Delaware federal judge nixed the case on jurisdictional grounds.

  • September 30, 2024

    Reinsurer Loses Appeal Over £69M COVID Catastrophe Claim

    An Italian reinsurer has lost its challenge against French insurer Covéa Insurance PLC's COVID-19 business interruption claim, with a London appellate court on Monday upholding findings that the pandemic met the definition of "catastrophe" used in the policy.

  • September 27, 2024

    Elliot Unit To Pay $7.29B As Citgo Parent Co. Sale Looms

    An affiliate of hedge fund Elliott Investment Management LP has emerged as the successful bidder in an upcoming auction of Citgo's parent company aimed at satisfying billions of dollars in Venezuelan debt, agreeing to pay $7.286 billion to purchase the shares in PDV Holding Inc.

  • September 27, 2024

    Warner Bros. Reneged On 'Harry Potter' Series Deal, Sky Says

    Warner Bros. Discovery has not held up its end of an exclusive rights agreement with Comcast's European subsidiary Sky to co-produce premium content, including a new television series based on the iconic "Harry Potter" novels, according to a lawsuit filed Friday in New York federal court.

  • September 27, 2024

    La. Property Owners Fight Arbitration Of $40M Coverage Row

    Dozens of companies seeking insurance payouts for damage caused by hurricanes Ida and Zeta urged a Louisiana federal court not to push their $40 million suit to arbitration, pointing to a clause in their policy allowing them to bring suit over money owed in any U.S. court.

  • September 26, 2024

    EU Says DC Circ. Must Reconsider $395M Spain Award Suits

    The European Commission has urged the D.C. Circuit to reconsider its decision that U.S. district courts have jurisdiction to enforce about $395 million in arbitral awards issued against European Union member state Spain by private tribunals convened under the Energy Charter Treaty.

  • September 26, 2024

    Spain Can't Escape $26M Award, DC Judge Rules

    A D.C. federal judge on Thursday enforced a €23.5 million ($26.3 million) arbitral award issued against Spain after the country dialed back its renewable energy incentives, rejecting Madrid's argument that the tribunal had infringed the authority of European Union courts.

  • September 26, 2024

    Dominican Airport Co. Says Project Feud Must Be Arbitrated

    The operator of airports in the Dominican Republic has urged a Puerto Rico federal court to compel a food-and-beverage concessionaire to resolve its multimillion-dollar claims against it in arbitration following an ill-fated expansion project at the country's main airport.

  • September 26, 2024

    Tribunal Halts $52.8M German Tax Collection Against Oil Cos.

    German tax authorities shouldn't collect a windfall profits tax totaling at least €47.2 million ($52.8 million) from two oil refineries before the dispute has been litigated, a tribunal of the International Centre for Settlement of Investment Disputes said.

  • September 25, 2024

    Gramercy Tells Del. Court Don't Capitulate To Citgo Bidders

    Hedge fund Gramercy is fighting a bid to halt litigation it filed in Texas and New York to collect on certain Venezuelan debt, telling a Delaware judge that it's just one entity in a sea of Venezuela's creditors pursuing litigation that could impact an upcoming sale of Citgo's parent company.

  • September 25, 2024

    Power Plant Insurers Take GE Arbitration Fight To 11th Circ.

    Insurers for an Algerian power plant that sustained losses from a defective gas turbine told an Eleventh Circuit panel Wednesday that a lower court wrongly forced arbitration, arguing it was not subject to that provision as a third-party beneficiary in a services contract with General Electric.

  • September 25, 2024

    UpHealth Wins Most Of $115M Award In Glocal Merger Dispute

    Bankrupt digital health services company UpHealth can enforce a large part of a $115 million arbitral award against the Indian healthcare services platform Glocal in their feud over an ill-fated merger, an Illinois federal judge has ruled.

  • September 25, 2024

    US Steel Clears One Hurdle In $14B Nippon Steel Deal

    An arbitration board has sided with U.S. Steel amid its union's challenge to a planned $14.9 billion acquisition by Nippon Steel, clearing one hurdle while Nippon continues fighting on another front for approval from the Committee on Foreign Investment in the U.S.  

  • September 25, 2024

    Peru's Telecom Co. Can Fight $168M Awards, Judge Says

    A D.C. federal judge enforced about $168 million in arbitral awards against Peru following a dispute over a broadband infrastructure installation project after the country ignored the litigation for nearly two years, though he agreed to hear arguments from a state-owned entity that's fighting the awards.

  • September 24, 2024

    Ukraine Oil Co. Says Russia Can't Buy Time In $5B Award Suit

    Ukraine's state-owned oil and gas company has asked a D.C. federal court not to pause its lawsuit to enforce a $5 billion arbitral award against Russia while set-aside proceedings in the Netherlands play out, arguing that the Kremlin is just stalling.

  • September 24, 2024

    Appeals Court Finds LNG Project Claims Barred By Arbitration

    An arbitration between a Kinder Morgan affiliate and a U.S. energy company concerning an abandoned gas project foreclosed a later breach of contract case from the U.S. company's Italian parent, a New York appeals court ruled Tuesday.

  • September 24, 2024

    11th Circ. Rejects Atty Fees In Roller-Coaster IP Dispute

    The Eleventh Circuit on Tuesday shot down an attempt by attorneys to collect fees after securing a partial win in an intellectual property dispute related to a roller-coaster project in Dubai.

  • September 24, 2024

    Top Aviation Atty Departs Withers, Lands At Sterlington

    Sterlington PLLC said Sunday that it has hired a former Withers partner who is "widely regarded as the top private aviation attorney globally serving ultra high net worth individuals" to serve as the firm's international vice chair, splitting his time between Asia, the Middle East and the U.S.

  • September 24, 2024

    Burford Bolsters Diversity Program With $150M Injection

    Burford Capital LLC said Tuesday that it has allocated an additional $150 million to a project aimed at fostering diversity in commercial litigation and arbitration in a move to help tackle the persistent problem, particularly in the sector's highest ranks.

  • September 23, 2024

    PDVSA Can't Escape Oklahoma Co.'s Expropriation Suit

    A D.C. federal judge has ruled that Venezuela's state-owned oil company must face an Oklahoma-based petroleum contract drilling company's lawsuit after its drilling rigs in the country were seized at gunpoint more than a decade ago, saying the drilling company had shown its assets were illegally expropriated.

  • September 23, 2024

    3rd Circ. Revives $60M Moroccan Hotel Award Fight

    The Third Circuit has sent a decision over a $60 million arbitral award favoring the Royal Mansour Hotel's current owner back to a lower court for further consideration, saying the company has plausibly argued that it didn't cause the Moroccan establishment to fall into financial ruin.

  • September 23, 2024

    Ex-Adviser Can't Seek Due Process Update, Justices Told

    A Morgan Stanley unit on Friday urged the U.S. Supreme Court not to tackle a purported circuit split over whether "manifest disregard of the law" remains a valid reason for vacating an arbitral award, arguing that a former employee missed his chance to press the argument in the lower courts.

  • September 20, 2024

    5th Circ. Says Tribunal Properly Slashed $10.6M Gas Award

    A lower court improperly vacated an arbitral tribunal's decision slashing some $4 million from a $10.6 million award issued to a Colorado-based exploration company following a dispute over a Cameroonian natural gas project, the Fifth Circuit ruled Thursday in a published opinion.

  • September 20, 2024

    Mexico Will Challenge $37M Deepsea Mining Award

    Mexico will look to annul the $37 million arbitral award issued to a U.S. deep ocean exploration company after its project to develop one of the world's largest seabed phosphate deposits was mothballed, saying the tribunal improperly overlooked its evidence citing environmental concerns.

Expert Analysis

  • 7 Common Myths About Lateral Partner Moves

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    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.

  • 5 Tips For Policyholders Arbitrating R&W Insurance Claims

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    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. 

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    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.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    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.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Mass Arb. Rule Changes May Be A Hindrance For Consumers

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    The American Arbitration Association's recent changes to its mass arbitration supplementary rules and fee schedule, including a shift from filing fees to initiation and per-case fees, may reduce consumers' ability to counteract businesses' mandatory arbitration agreements, say Eduard Korsinsky and Alexander Krot at Levi & Korsinsky.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Decoding UK Case Law On Anti-Suit Injunctions

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    The English High Court's forthcoming decision on an anti-suit injunction filed in Augusta Energy v. Top Oil last month will provide useful guidance on application grounds for practitioners, but, pending that ruling, other recent decisions offer key considerations when making or resisting claims when there is an exclusive jurisdiction clause in the contract, says Abigail Healey at Quillon Law.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Exploring The Foreign Discovery Trend In Delaware

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    Despite a U.S. Supreme Court decision limiting the use of Section 1782, recent trends from a Delaware federal court suggest that Delaware remains an appealing forum for such foreign discovery requests, says Florentina Field at Abrams & Bayliss.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer

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    An English court's recent decision in Border Timbers v. Zimbabwe, finding that state immunity was irrelevant to registering an arbitration award, emphasizes the U.K.'s reputation as a creditor-friendly destination for award enforcement, say Jon Felce and Tulsi Bhatia at Cooke Young.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • 3 Strategies For Aggressive Judgment Enforcement

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    As illustrated by the many creditors of Citgo Petroleum Corp. who may walk away empty-handed — despite the company's court-ordered sale — it is important to start investigating counterparty assets and planning for enforcement even before obtaining a judgment, says Brian Asher at Asher Research.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

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