International Arbitration

  • February 21, 2024

    Boies Schiller Hires White & Case Int'l Arbitration Atty In DC

    Boies Schiller Flexner LLP announced Wednesday that it has added a longtime White & Case LLP partner to its international arbitration group in Washington, D.C.

  • February 21, 2024

    International Trade Group Of The Year: White & Case LLP

    White & Case LLP successfully countered anti-dumping duties on lemon juice imports from Brazil for agriculture giant Louis Dreyfus Co. Sucos, scored a rare suspension agreement to halt the U.S. government's anti-dumping and countervailing duty investigations into imports of white grape juice concentrate from Argentina, and it helped Mercedez-Benz escape political instability in Russia, earning the firm a spot among Law360's 2023 International Trade Groups of the Year.

  • February 21, 2024

    Judge Threatens Ex-Trump Aide With Contempt Over Records

    A D.C. federal judge threatened to hold a Trump-era White House aide in contempt for his continuing failure to turn over all the records covered by the Presidential Records Act to the U.S. government.

  • February 20, 2024

    US Small Businesses Have Most To Lose From Digital Duties

    The possible demise of an international moratorium on tariffs for digital products, including software and media downloads, could cut into small businesses' profits and create compliance burdens for the companies that survive.

  • February 20, 2024

    Dutch Court Rejects Russia's Appeal Of $50B Yukos Awards

    Russia on Tuesday lost its last-ditch appeal to overturn $50 billion in arbitral awards issued a decade ago to former shareholders of Yukos Oil Co., once the country's largest oil company, after it was seized by the Kremlin amid allegations of allegedly phony tax debts.

  • February 20, 2024

    WTO Says Revised Duties On Spanish Olives Still Out Of Line

    The World Trade Organization called on the U.S. to fix revised countervailing duties on Spanish olives, ruling Tuesday that the duties are still not in compliance with its 2021 decision rejecting the investigation that resulted in the tariffs.

  • February 20, 2024

    Ex-BigLaw Atty Avoids Prison For Ch. 11 Lies

    A former BigLaw partner on Tuesday was spared any prison time for lying to a New York bankruptcy court in his 2022 personal Chapter 11 case, in an attempt to shield his assets from creditors.

  • February 20, 2024

    No Coverage For Firm In Haiti Malpractice Suit, Insurer Says

    An insurance company has asked a Washington federal court to declare it does not have to cover a Seattle law firm facing a $31 million New York federal malpractice case stemming from its representation of a Haitian agency in a petroleum contract arbitration, arguing the firm breached the insurance agreement by lying on its application.

  • February 20, 2024

    Justices Won't Weigh Nonsignatory Arbitration Issue

    The U.S. Supreme Court won't take up an oil and gas company's bid to clear up whether a nonsignatory to an arbitration agreement may play the arbitration card, the justices said Tuesday.

  • February 20, 2024

    Validity Of $2B Venezuelan Bonds Remains Unresolved In NY

    New York's highest court on Tuesday cleared a path for Venezuela's state-owned oil company to argue that nearly $2 billion in defaulted bonds are invalid under its domestic law, saying the validity question can now be answered by the federal courts.

  • February 16, 2024

    'No Respect': 2nd Circ. Judge Chides Dissatisfied Arb. Users

    A Chinese cinema magnate's argument that he was inadequately notified of an arbitration that led to a $457 million penalty had a Second Circuit judge invoking the 1972 classic film "The Godfather" on Friday, as he criticized parties who only come to court to complain after the fact.

  • February 16, 2024

    Trade Dispute Reform Draft Emphasizes Mediation

    A draft agreement for overhauling the World Trade Organization's dispute settlement process circulated Friday proposes a new emphasis on the institution's alternatives to the formal litigation process that the U.S. has criticized as exclusionary and inefficient.

  • February 16, 2024

    Canada Liable Under NAFTA For Axed LNG Project, Co. Says

    A U.S. company that invested at least $120 million in a since-thwarted liquefied natural gas project maintained that Canada is liable for $1 billion in damages for breaches of the North American Free Trade Agreement, and that the International Centre for Settlement of Investment Disputes has jurisdiction over its claims.

  • February 16, 2024

    EU Launches First In-Depth Foreign Subsidy Probe

    The European Commission is launching an investigation into whether state assistance gave a Chinese train manufacturer a leg up in its bid for a Bulgarian government contract, the authority's first investigation under the European Union's new foreign subsidies regulation.

  • February 16, 2024

    Ex-FBI Field Boss Gets 28 Months For Foreign Payouts

    A former FBI field office supervisor was sentenced Friday to 28 months in prison for failing to disclose a $225,000 payment that he received from a former Albanian intelligence official while overseeing counterintelligence matters at the bureau.

  • February 16, 2024

    International Arbitration Group Of The Year: King & Spalding

    King & Spalding LLP won a $16 billion victory against the Republic of Argentina for former shareholders of YPF SA in what the firm said is the largest U.S. judgment ever against a sovereign nation — and one of the largest U.S. judgments ever — landing it among Law360's 2023 International Arbitration Groups of the Year.

  • February 15, 2024

    Del. Judge Won't Reorder Priority Scheme For Citgo Auction

    A Delaware federal judge on Thursday denied a bid from certain creditors of Venezuela for a "more equitable" distribution of proceeds from an auction for control of the U.S. oil giant Citgo slated for later this year, ruling that their motion came too late.

  • February 15, 2024

    Anti-Doping Agency Sends Nigeria, Venezuela To Arbitration

    The World Anti-Doping Agency has asked the Court of Arbitration for Sport to arbitrate accusations that Nigeria and Venezuela's anti-doping agencies are not complying with the agency's rules, saying the two nations have lost their privileges in global sporting events for the time being.

  • February 15, 2024

    Biz Groups Urge Feds To Back WTO's Block On Digital Duties

    Major U.S. trade and business groups, including the U.S. Chamber of Commerce and the National Foreign Trade Council, urged U.S. officials to back the World Trade Organization's suspension of tariffs on electronic transmissions ahead of a renewal vote later this month.

  • February 15, 2024

    State Dept. Offers $5M For Info On 'BlackCat' Ransomware Group

    The State Department is offering millions for information on the "BlackCat" ransomware, claiming that the AlphV cybercrime group has compromised over 1,000 entities globally.

  • February 15, 2024

    International Arbitration Group Of The Year: Gibson Dunn

    Gibson Dunn & Crutcher LLP aided hip-hop mogul Jay-Z in navigating closely watched arbitration hearings and related litigation as he sparred with liquor giant Bacardi over the multibillion-dollar valuation of their joint cognac venture, earning the law firm a spot among Law360's 2023 International Arbitration Groups of the Year.

  • February 14, 2024

    DC Circ. Won't Rush Russia Appeal In $50B Award Case

    The D.C. Circuit will not fast-track its review of Russia's claim for sovereign immunity against arbitration enforcement litigation brought by former majority shareholders of the defunct Yukos Oil Co., which obtained $50 billion in arbitral awards against Moscow.

  • February 14, 2024

    Zimbabwe Says It Didn't Waive Immunity In $440M Award Feud

    A D.C. federal judge improperly leaned on Second Circuit precedent in ruling that Zimbabwe can't escape the enforcement of two arbitration awards stemming from the southern African country's controversial land reform program, Zimbabwe told the D.C. Circuit.

  • February 14, 2024

    Spain Says €23.5M Award To Japanese Co. Can't Be OK'd

    Spain is urging a D.C. federal court to nix a Japanese investor's petition to enforce a €23.5 million ($25.2 million) arbitral award it won after Madrid dialed back economic incentives for renewable energy projects, arguing that doing so would force the country to violate European Union law.

  • February 14, 2024

    Dem Lawmakers Back Biden's Pause On Digital Trade Policy

    Dozens of Democratic lawmakers praised the Biden administration's decision to step back from earlier endorsements of international norms for digital trade, saying in a letter to the White House that its caution respects Congress' role in regulating Big Tech.

Expert Analysis

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Lessons On Arbitration Carveouts From Diddy-Diageo Suit

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    After Sean "Diddy" Combs brought a racial discrimination suit in New York state court against Diageo, the company has been unable to compel arbitration under its distribution agreement with Combs, underscoring the importance of narrowly tailoring arbitration carveouts for injunctive relief, says Rosanne Felicello at Felicello Law.

  • What Panama Canal Award Ruling Means For Int'l Arbitration

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    As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • Taking A Walk Down Mandamus Lane After 2nd Circ. Ruling

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    The Second Circuit’s recent decision to deny a writ of mandamus, filed by a law firm after a lower court barred it from representing a Salvadoran oil company, adds to the nuanced and sometimes conflicting mandamus case law that requires careful research before litigants seek appellate review, says Michael Soyfer at Quinn Emanuel.

  • Considerations And Calculations For DOJ Clawback Program

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    The U.S. Department of Justice’s clawback pilot program announced earlier this year presents numerous questions for businesses, and both hypothetical and recent real-world examples capture how companies’ cost-benefit analyses about whether to claw back compensation in exchange for penalty reductions may differ, say Yogesh Bahl and Jonathan Hecht at Resolution Economics.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • A Case For The Green Investment Regime Under The ECT

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    The EU and U.K.'s potential plans to exit the Energy Charter Treaty, which has been criticized as protecting fossil fuel investments to the detriment of energy transition, ignore the significant strides taken to modernize the treaty and its ability to promote investment in cleaner energy forms, say Amy Frey and Simon Maynard at King & Spalding.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • UK Mozambique Ruling Will Have Int'l Ramifications

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    The recent U.K. Supreme Court judgment in Mozambique v. Privinvest considered for the first time stay proceedings under the Arbitration Act, offering guidance on whether claims are a "matter" within the scope of an arbitration clause, which could become a point of reference for foreign courts in the future, say lawyers at Herbert Smith.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

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