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International Arbitration
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March 13, 2024
Hospital Manager Cements $3.5M Gabon Arbitration Award
The Gabonese Republic must pay a $3.5 million arbitration award obtained by an Austrian healthcare management company, a D.C. federal judge ruled after the central African nation failed to appear in court.
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March 13, 2024
Italy Defeats Investor Suit Against Solar Subsidy Reduction
Italy has beaten back a German investment fund's claims that the country's lowered solar energy subsidies breached treaty obligations to ensure a stable investment environment, after an international tribunal ruled that the scale-down was reasonable, foreseeable and in the best interests of the public.
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March 20, 2024
4-5 Gray's Inn Square Hires Spanish Barrister
4-5 Gray's Inn Square has recruited a Spanish barrister-arbitrator with experience in sitting as a judge, positioning the chambers to attract Latin American clients as arbitration concerns in the European Union push investors to look for common-law forums.
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March 12, 2024
Lima Loses Bid To Duck $140M Arb. Awards In Highway Row
A D.C. federal judge on Tuesday refused to overturn $140 million in arbitral awards against the city of Lima, Peru, stemming from its dispute with a highway contractor, ruling that the contractor won those two awards "fair and square."
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March 12, 2024
Treasury Sanctions More Iran-Backed Terrorist Operatives
The U.S. Department of the Treasury on Tuesday unveiled new sanctions against a handful of individuals with ties to the designated terrorist group Al-Ashtar Brigades, singling out "key Iran-based operatives" as well as a financier for the group.
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March 12, 2024
Contractor Seeks Arbitration In $3M Guam Military Base Fight
An electrical contractor has petitioned a Guam federal court to order a California-Japanese joint venture that had hired it for a project to improve U.S. military facilities to arbitrate their dispute related to nearly $3 million in allegedly unpaid costs.
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March 12, 2024
Daiichi Urges Court To OK Arbitrator's Award Against Seagan
Japanese drugmaker Daiichi Sankyo has asked a Seattle federal judge not to toss an arbitral award refusing Seagen Inc.'s claims for billions of dollars in a dispute over cancer drug patents, saying the U.S. biotech company has incorrectly lodged a petition to vacate the award.
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March 12, 2024
La. Property Owners, Insurers Settle $5M Hurricane Ida Fight
Lloyd's of London and other insurers and underwriters have agreed to settle claims by a group of New Orleans-area property owners who allege the insurers wrongly denied more than $5.1 million in claims from Hurricane Ida damage after the insurers demanded the dispute be resolved in arbitration.
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March 11, 2024
Panama Port Fight Belongs In Chancery Court, H.K. Co. Says
A Hong Kong company alleging that its interest in a lucrative port project near the Atlantic entrance to the Panama Canal is being stolen has urged a Delaware federal court to remand its lawsuit back to the Chancery court, saying the suit's removal last month was a delay tactic.
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March 11, 2024
Drivers Drop Uber, Lyft Price-Fix Arbitration Appeal
The three Uber and Lyft drivers who were fighting to keep a suit accusing the ride-hailing companies of colluding to fix fare prices out of arbitration have dropped their appeal, according to a recent filing in a California state appeals court.
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March 11, 2024
Canadian Co. Loses $4.4B Romanian Gold Mining Claim
Canadian mining company Gabriel Resources Ltd. has reported its failure to win a $4.4 billion dispute with Romania over a canceled gold and silver project, saying its claims filed against the government have been thrown out by the World Bank's international arbitration institution.
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March 11, 2024
Pfizer Slams Ex-Compliance Officer's Whistleblower Claims
Pfizer has asked a California federal court to again dismiss the bulk of a discrimination and retaliation lawsuit filed by a former compliance officer for the pharmaceutical giant, arguing his latest suit is "largely a regurgitation of his original complaint."
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March 11, 2024
New Arbitration Firm Has 'Hit Ground Running,' Founders Say
Three international arbitration specialists who worked at Dechert LLP in France before they left to launch a boutique firm said on Monday that the new business has "hit the ground running" since it opened in January.
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March 11, 2024
Woodsford Affiliate Prevails In Fee Feud With SF Firm
An affiliate of British litigation funder Woodsford has secured a $1.8 million arbital award and $1.2 million in interest from a San Francisco law firm following the 2019 settlement of a lawsuit against Google, a Delaware federal judge confirmed Monday.
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March 11, 2024
Steptoe Adds Dentons' Ex-Global Security Chief As Partner
Steptoe LLP has added a security and threat analysis expert who previously served as Dentons' global chief security officer as a partner in Washington, D.C., the firm announced Monday.
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March 11, 2024
Pfizer Defeats French Group's Bid For Vax Docs At 2nd Circ.
The Second Circuit said Monday that Pfizer doesn't need to give a French nonprofit the communications between its CEO and the European Commission's president related to a COVID-19 vaccine development agreement, ruling the materials are irrelevant to a jurisdictional issue in the group's legal challenge to the pact in France.
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March 08, 2024
Justices Urged To Take Up 'Who Decides' Arbitration Question
An international arbitration scholar has urged the U.S. Supreme Court to resolve whether a court or an arbitrator should decide a dispute's proper venue in cases involving nonsignatories to an arbitration agreement, an issue that's arisen in antitrust litigation over National Association of Realtor rules.
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March 08, 2024
DC Circ. Throws Out Victims' Claims Over Hamas Attack
The D.C. Circuit on Friday vacated a lower court judgment regarding a married couple injured by a member of the Hamas militant group in Jerusalem, finding that the attack did not result in an "extrajudicial killing" that would give the court jurisdiction under U.S. law.
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March 08, 2024
Off The Bench: Dartmouth Union, Iowa Betting Case Folds
In this week's Off The Bench, Dartmouth College men's basketball players vote to unionize over the school's objections, a probe into Iowa State University athletes' gambling activities fizzles amid warrantless search allegations, and a Wimbledon champion gets her doping suspension reduced. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.
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March 08, 2024
Czech Republic Can Fight Part Of $350M Blood Plasma Award
A London judge Friday allowed the Czech Republic to pursue some of its challenges to a $350 million award in favor of a blood plasma company, but blocked others in a decades-long complex arbitration dispute.
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March 07, 2024
$285M Panama Canal Case Must Be Reviewed, Justices Told
A contractor enlisted on a multibillion-dollar project to widen the Panama Canal is urging the U.S. Supreme Court not to ignore an "open conflict" among lower courts over the vacatur standard for evident partiality, as the justices get ready to issue a certiorari decision that will likely come later this month.
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March 07, 2024
Southern Peaks Awarded $42.5M Over Peruvian Copper Deal
Peruvian copper producer Southern Peaks Mining LP said it has won a multi-million-dollar arbitral award favoring its management subsidiary due to breaches of a sale and purchase agreement with Singaporean commodity trading company Trafigura Beheer BV over the acquisition of a mine.
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March 07, 2024
5th Circ. Affirms Arbitration In Hurricane Coverage Feud
The Fifth Circuit has ordered the owner of a New Orleans luxury apartment and retail complex to arbitrate a dispute with its domestic surplus lines insurers over coverage for $7 million in hurricane damage, ruling that arbitration is permitted under a carveout in conflicting Louisiana state law.
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March 07, 2024
Peru's Telecom Co. Wants $168M Award Suit Tossed
Peru's state-owned Programa Nacional de Telecomunicaciones has urged a D.C. federal court to set aside an entry of default in litigation to enforce $168 million in arbitral awards issued to a broadband provider, arguing that it has sovereign immunity and wasn't properly served.
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March 06, 2024
Exxon Kicks Off Arbitration Over Guyana Offshore Oil Project
ExxonMobil has initiated arbitration in order to retain its right of first refusal over Hess Corp.'s stake in a lucrative oil block off Guyana's Atlantic coast, an Exxon spokesperson confirmed on Wednesday.
Expert Analysis
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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Alstom Arb. Case Shows 3 Approaches To Corruption Claims
French, English and Swiss courts have provided differing assessments of post-award corruption allegations in the long-running case Alexander Brothers v. Alstom, which is clearly undesirable, and may affect arbitration tactics, says Harriet Chopra at Fladgate.
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5 Insider-Threat Reminders After Recent DOJ Prosecutions
Three recent U.S. Department of Justice actions may well lead to much greater scrutiny of companies in which insiders engage in a variety of corporate misconduct, including conducting or enabling cybercrimes, which will likely fall not just on government contractors, but across industries and geographies, say attorneys at Paul Weiss.
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Applying The Singapore Convention In UK: The Key Questions
While the U.K. government's recent decision to join the Singapore Convention is welcome, the hard work arguably starts now in devising the domestic rules to implement it, which should not be treated as a straightforward exercise, says Jan O'Neill at Herbert Smith.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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10th Circ. Highlights US Court Discretion On Arbitral Awards
The Tenth Circuit's recent decision enforcing an arbitral judgment against a Mexican cement company even after it was annulled in Bolivia could signal an expansion in district courts' discretionary powers over motions to enforce foreign arbitral awards, say Max Chester and Parker White at Foley & Lardner.
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US Security Exception Proposal May Undermine The WTO
A U.S. proposal, floated earlier this month, to clarify that the General Agreement on Tariffs and Trade's essential security exception is wholly self-judging would provide an unfettered ability for a country to avoid any of its World Trade Organization obligations, further destabilizing the WTO and international rule of law, say attorneys at Akin Gump.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Investment Arbitration May Aid Stakeholders In Russian Cos.
Though Russian countermeasures against international sanctions have caused many foreign investors' assets to become trapped in Russia, arbitration mechanisms provide investors with opportunities to recover significant monetary damages for their losses, say Eric Leikin and Photeine Lambridis at Freshfields.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.