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International Arbitration
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April 22, 2024
Scotiabank Fights To Keep Peru VAT Claim Alive
The Bank of Nova Scotia urged the World Bank's international arbitration institution in recently released documents not to dismiss the arbitration of its value-added tax dispute against Peru, saying the case raises issues of fact.
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April 22, 2024
Justices Skeptical Staying Arbitration Cases Burdens Courts
The U.S. Supreme Court tackled Monday whether courts should stay or dismiss suits headed to arbitration, with some justices appearing skeptical of the argument that tossing the suits burdens courts less than pausing litigation.
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April 19, 2024
Norwegian Investor Wins $101M Award In Shipyard Dispute
A subsidiary of a Norwegian oil services investment company has won an arbitral award of approximately $101 million from the Singapore International Arbitration Centre in its dispute with a shipyard over four drilling rig unit contracts, according to the company.
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April 19, 2024
Nissan's Ex-Chair Owes $6.5M In Defense Costs, Insurer Says
The former chairman of Nissan and other carmakers who fled to Lebanon after Japanese authorities arrested him alleging financial misdeeds must reimburse Sompo Japan Insurance Inc. for the nearly $6.5 million spent defending him against such claims, Sompo told a Delaware federal court Friday.
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April 19, 2024
Insurers Push To Arbitrate Hurricane Damage Case
An arbitrator should decide whether a Louisiana property owner's hurricane damage claims must be arbitrated, a group of surplus lines insurers argued in urging the Second Circuit to reject a New York district court's reliance on the circuit's precedent to find the arbitration clause at issue unenforceable.
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April 19, 2024
Candy Crush Developer Gets Sweet Win In Fraud Suit
A Virginia woman has been ordered to arbitrate her proposed class action accusing the Maltese developer of Candy Crush, the popular smartphone puzzle game, of fraudulently inducing her to drop more than $3,000 on a tournament by misrepresenting her chances of winning thousands of dollars and a trip to London.
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April 18, 2024
Conoco Tells 3rd Circ. It Can Target Citgo For $8.5B Award
ConocoPhillips urged the Third Circuit to nix Venezuela's challenge to a ruling paving the way for the oil company's participation in an auction for control of the U.S. oil giant Citgo to enforce an $8.5 million debt, arguing that the country can't prove that it's been acting in bad faith.
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April 18, 2024
Hedge Fund Says Its $100M Award Over Peru Bonds Is Valid
A hedge fund has asked a D.C. federal judge not to throw out its suit seeking to enforce a $100 million arbitral award it secured over Peru's valuation of old government bonds, saying the country wants to relitigate claims that were already rejected by the arbitrators.
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April 18, 2024
Lebanese Bank To Face Victims' Hezbollah Terrorism Suit
New York's highest court ruled Thursday that an entity that acquires another entity's liabilities and assets inherits its status for purposes of personal jurisdiction even if there is no merger, greenlighting litigation targeting a Lebanese bank over its predecessor's alleged assistance to Hezbollah.
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April 18, 2024
$100M Arbitration Award Restored In Colo. Dispensary Fight
A Colorado appellate panel on Thursday largely reinstated a roughly $100 million arbitration award in a dispute between former business partners in the cannabis dispensary chain Native Roots, finding no basis to conclude the arbitrator was biased.
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April 17, 2024
Award Vacatur Standards Still Murky After High Court Denial
The U.S. Supreme Court's decision late last month declining to review a case that sought clarity on the standard by which parties can challenge awards over an arbitrator's "evident partiality" has left the arbitration community still grasping for guidance on how such challenges should be handled.
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April 17, 2024
Paul Hastings Raids White & Case For 2 More Attys In DC
Just a month after a longtime White & Case LLP practice leader jumped to Paul Hastings LLP for a leadership role, two more attorneys have made that journey to Paul Hastings' Washington, D.C., office.
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April 17, 2024
Gazprom Unit Fights Ruling Blocking Russian UniCredit Claim
A Gazprom joint venture told the U.K. Supreme Court on Wednesday that appeal judges in England did not have jurisdiction to grant an anti-suit injunction blocking its €450 million ($480 million) claim in Russia against UniCredit Bank.
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April 17, 2024
Withers Adds Ex-Debevoise Middle East Arbitration Pro In NY
Withers has hired a former Debevoise & Plimpton LLP counsel as a senior equity partner in its New York office.
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April 16, 2024
Nigeria Looks To High Court Case To Nix OK Of $70M Award
Nigeria has told the D.C. Circuit that the U.S. Supreme Court's recent opinion clarifying the reach of a carveout in federal arbitration law helps to boost its case looking to nix enforcement of a nearly $70 million arbitral award on sovereign immunity grounds.
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April 16, 2024
Businessman Urges Calif. Court To Refuse $4.4M Award
A businessman who signed agreements with a Chinese energy management company on behalf of two different investment funds has told a California federal court that he never received proper notice about an arbitration that resulted in a $4.4 million award against him.
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April 16, 2024
5th Circ. Rejects La. Homeowners' Repeat Hurricane Claim
The Fifth Circuit declined Tuesday to revive a Louisiana couple's proposed class action alleging that their insurer's method of evaluating their Hurricane Ida property damage violated state law, affirming that a previous, related lawsuit the couple filed barred the present claim from coverage.
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April 16, 2024
Smartmatic Settles Election Defamation Suit Against OANN
Electronic voting system company Smartmatic has settled its defamation suit in Washington, D.C., federal court alleging One America News Network peddled conspiracy theories claiming the firm rigged voting machines during the 2020 presidential election, the company said in a statement Tuesday.
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April 16, 2024
Atty Fights $268K Sanction Over Fake Newspaper Filing
A Seattle attorney ordered to pay $268,000 after being accused of filing a fake newspaper called the "The Saudi Sun" as a court exhibit wants the Ninth Circuit to overturn the sanction, arguing that it resulted from judicial misconduct and corruption.
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April 16, 2024
Hill Dickinson Bolsters Disputes Team With New Partner
Hill Dickinson LLP has snapped up a partner from Teacher Stern LLP to join its commercial litigation team, bringing a wealth of dispute resolution and crisis management experience to the table.
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April 15, 2024
Academics Push To Cut Investor Arbitration From Trade Deals
Hundreds of law and economics professors have joined the chorus of calls on the left pressing U.S. President Joe Biden to snip investor-state dispute settlement provisions from existing trade deals, saying the legal mechanism privileges corporate entities over domestic citizens.
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April 15, 2024
Watson Farley Hires 2 Singapore Partners From McDermott
Watson Farley & Williams LLP has tapped two energy lawyers from McDermott Will & Emery LLP to serve as partners in the global law firm's Singapore office, saying they bring broad expertise in advising a range of Asia-Pacific clients on project development in power and renewables.
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April 15, 2024
Naftogaz Urges Court To Uphold $5B Award Against Russia
Ukraine's state-owned oil company has hit back at Russia's bid in D.C. federal court to toss its attempt to enforce a $5 billion arbitral award it won after its Crimean assets were seized following Russia's annexation of the peninsula, saying the court has jurisdiction over the case.
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April 15, 2024
Tyson Can't Have Reinsurance Row In UK, Appeal Court Rules
A London appeals court on Monday dismissed a bid by a Tyson Foods Inc. subsidiary to overturn a ruling that prevented the food giant from bringing proceedings in England in a jurisdictional row involving two reinsurance contracts over fire coverage.
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April 15, 2024
Justices Won't Hear Brokerage's Arbitration Claim In Fees Suit
The U.S. Supreme Court declined on Monday to hear HomeServices of America's argument that certain class members in a lawsuit over real estate agents' commissions should have been compelled to arbitrate their antitrust claims rather than taking them to a jury.
Expert Analysis
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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How US Investment Regulation May Shift Under Biden Order
Attorneys at Ropes & Gray explore potential prohibitions, notification requirements and covered transactions under President Joe Biden's recent executive order, which marks an unprecedented expansion of U.S. regulation of investment activity.
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Where Biden's Outbound Investment Effort May Be Headed
The president’s recent executive order on outbound investment describes prohibited transactions and a notification process, but the U.S. Department of the Treasury’s actions suggest upcoming regulations will leave investors with the risky determination of whether investments are prohibited or require notification, say attorneys at Morgan Lewis.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Trends Emerge In High Court's Criminal Law Decisions
In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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It All Comes Down To Choice Of Law In Nazi-Looted Art Case
The Ninth Circuit's recent decision in a nearly 20-year ownership battle over a Nazi-looted painting shows the court lacked adequate guidance on how California's choice-of-law rule should be applied to stolen property and that the choice of law — between California or Spain — will likely determine whose claim to the painting prevails, says Kevin Ray at Greenberg Traurig.
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Opinion
Plea For A New Int'l Tribunal For Russia's Crime Of Aggression
Legal experts worldwide should support the International Bar Association and other organizations calling for a United Nations special criminal tribunal to prosecute Russian leaders for the crime of aggression against Ukraine, or risk standing by as war atrocities and threats to global security increase, says Olga Kostina at Robert F. Kennedy Human Rights.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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Tools To Fight Delay From Arbitrability Appeals After Coinbase
The U.S. Supreme Court's recent Coinbase v. Bielski decision mentioned a series of procedural tools litigants facing an automatic stay due to a Section 16(a) appeal can use to mitigate resulting harms and costs from the delay, and counsel should weigh the potential benefits and risks of these options, say Glenn Chappell and Spencer Hughes at Tycko & Zavareei.
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Senate Hearing Highlights Antitrust Hazards In PGA-LIV Deal
The U.S. Senate's recent questioning of PGA Tour COO Ron Price on the proposed deal with LIV Golf and its release of a dossier of framework agreements covered a variety of issues that could exacerbate antitrust concerns, including the predatory purchasing theory of competitive harm, free-riding and alternate funding, say attorneys at Perkins Coie.
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What Venezuelan Gold Fight Means For UK One Voice Doctrine
The Court of Appeal's judgment in Deutsche Bank v. Central Bank of Venezuela clarifies the application of the "one voice" doctrine to foreign court judgments, highlighting that the reasoning depends on the recognition or nonrecognition of a head of state or government that is contrary to the U.K. government's position, say lawyers at Latham.