International Arbitration

  • January 16, 2024

    Energy Co. Wants Arbitrator To Face Breach of Contract Suit

    A Colorado oil and gas company has asked a federal judge to reconsider tossing its lawsuit accusing the American Arbitration Association of improperly terminating a claim the company filed against its investors, saying the AAA cannot claim it is immune from suit.

  • January 16, 2024

    2nd Circ. Wary Of Nixing Award In Telecom Shareholder Fight

    The Second Circuit on Tuesday appeared disinclined to vacate an arbitral award ordering the sale of a Latin American telecommunications tower operator, with one judge telling an attorney for several of the company's shareholders that it sounds like they have "buyer's remorse" about the arbitration.

  • January 16, 2024

    Verizon Can't Hang Up On Costa Rican Firm's Bid For $94M

    A New York federal judge is telling Verizon to pay up in its long-running dispute with a Costa Rican printing company, granting the printing company summary judgment and ordering the telecommunications giant to pay a $51 million judgment from 2008 with interest and indexing.

  • January 16, 2024

    Diddy Settles Racism Claims Against Liquor Giant Diageo

    British spirits maker Diageo announced Tuesday that it reached a settlement with Sean "Diddy" Combs in which the rapper and music producer agreed to dismiss his racial discrimination suit in New York state court, which claimed the company treated him and his brands "worse than others because he is Black."

  • January 12, 2024

    Insurers Win Appeal Over Transfer Of Contract Rights

    A London appeals court ruled on Friday that a Japanese insurance company can bring a claim over the delayed delivery of aircraft under a contract it was not originally party to, finding that rights reassignments "by operation of law" are not the same as those made "by any party."

  • January 12, 2024

    Amazon Wants Atty Sanctioned In Chinese Seller Award Case

    Amazon has targeted a Manhattan lawyer for sanctions for her alleged history of using "frivolous" legal arguments to try to send back to state court litigation to vacate arbitral awards involving Chinese sellers, all while allegedly knowing those motions have no legal basis.

  • January 12, 2024

    High Court To Weigh Letting Judges Toss Arbitration Cases

    The U.S. Supreme Court agreed on Friday to decide whether trial courts may choose to stay or dismiss a case when they refer it to arbitration, granting two circuit court judges' call to consider a question they said has split the 10 circuit courts that have weighed in. 

  • January 11, 2024

    CBP Says Forced Labor Profits Possible On Barred Imports

    U.S. House lawmakers expressed concern on Thursday that blocking the imports of goods that use the forced labor of Uyghurs in China does not bar importers from re-exporting these items and continuing to profit off them.

  • January 11, 2024

    Asset Manager Says PDVSA Can't Escape Fraud Suit

    Asset manager VR Capital is urging a New York federal court not to toss its lawsuit accusing Venezuela's state-owned oil company of fraud in connection with its issuance of nearly $2 billion worth of senior secured notes, saying PDVSA can't avoid liability by blaming its prior leadership.

  • January 11, 2024

    US Says Ukrainian Money Laundering Suit Should Proceed

    The Biden administration has asked a Florida federal judge not to toss its civil lawsuit to seize funds purportedly connected to a Ukrainian money laundering scheme, arguing it's "simply wrong" for the accused to say there's no connection between property subject to forfeiture and the alleged scheme.

  • January 11, 2024

    Stephenson Harwood Adds 2 Partners In Hong Kong Office

    Stephenson Harwood has added two new partners to the law firm's Hong Kong office, saying it has strengthened its greater China commercial litigation practice as well as its Asia-Pacific mergers and acquisitions practice with the addition of the two lawyers.

  • January 11, 2024

    CMS Hires Clifford Chance Disputes Pro In Dubai

    CMS has appointed James Abbott, a Clifford Chance lawyer, as partner at its Dubai office, a move it believes will strengthen its practice in the Middle East.

  • January 10, 2024

    NY Court Mulls How To Define Validity In Sovereign Debt Case

    New York's highest court on Wednesday expressed discomfort with creating a broad test for determining the enforceability of sovereign debt that is arguably invalid under a country's domestic law, in a case that centers on the enforcement of nearly $2 billion in defaulted Venezuelan bonds.

  • January 10, 2024

    Al Habtoor Hits Lebanon With $1B Dispute As War Fears Loom

    Al Habtoor Group said Wednesday it had filed a dispute notice against Lebanon, claiming the country's breaches of its bilateral investment treaty with the United Arab Emirates amount to approximately $1 billion involving luxury hotels branded under Hilton Hotels & Resorts and other ventures.

  • January 10, 2024

    2nd Circ. Says Bank Account Fee Fight Can't Go To Arbitration

    The Second Circuit on Wednesday affirmed a lower court's ruling denying arbitration in a suit accusing Popular Community Bank of charging improper overdraft fees, saying the suing customer did not receive a clear enough notice that he was bound by the arbitration provision at issue.

  • January 10, 2024

    Ariz. Judge Tosses $200M Suit Targeting Burford Capital

    A federal judge on Tuesday tossed a $200 million lawsuit accusing Burford Capital of sending an Arizona property developer into financial ruin, saying she has no power to wade into a dispute over whether the London forum where a related arbitration took place was truly neutral.

  • January 10, 2024

    Ex-FBI Field Boss Asks Judge Not To Extend 4-Year Sentence

    A former FBI field office boss who pled guilty to failing to disclose payments he received from a former Albanian intelligence officer said a Washington, D.C., federal judge should not add prison time on top of his more than four-year sentence in a separate case charging him with assisting a Russian oligarch.

  • January 09, 2024

    Lloyd's Loan Fight Over Ex-MLB Pitcher Sent To Arbitration

    A California federal judge ruled Tuesday that a $3.16 million dispute between loan service provider RockFence Baseball LLC and Lloyd's of London underwriters must go to arbitration over certain questions related to the coverage of a former Minnesota Twins pitcher.

  • January 09, 2024

    9th Circ. Says Spanish Museum May Keep Nazi-Looted Art

    The Ninth Circuit unanimously held Tuesday that a Spanish museum is not obligated to return a painting that was stolen from a Jewish family by the Nazis, a finding that one member of the panel admitted went against her "moral compass."

  • January 09, 2024

    Amyris Fights Claims In Cannabis IP Row By Defining 'Under'

    Biotechnology company Amyris Inc. said Tuesday the word "under" in a contract between it and cannabinoid manufacturer Lavvan supports its effort to quash two claims Lavvan has filed against the debtor, telling a Delaware bankruptcy judge the plain meaning of the preposition bars the claims from going forward.

  • January 09, 2024

    DC Circ. Seeks US Input On Foreign Award Question

    The D.C. Circuit is asking the U.S. Department of Justice to weigh in on an ongoing battle over whether courts can enforce roughly $390 million of arbitral awards issued to European investors following the reduction of Spanish renewable energy subsidies.

  • January 09, 2024

    Clooney Foundation Names Veteran Attys As Co-CEOs

    The Clooney Foundation for Justice, a nonprofit founded by George and Amal Clooney to provide legal support for victims of human rights violations, announced on Tuesday the names of its new executive team for the start of 2024, with two attorneys sharing key leadership responsibilities. 

  • January 09, 2024

    Quebec Cannabis Co. Wants $1.7M In Arbitration Fees Axed

    A cannabis company in Quebec, Canada, that bought assets from North Carolina-based Sugarleaf Labs LLC is suing the seller, saying an arbitrator disregarded New York law by awarding nearly $1.7 million in fees and costs despite the seller losing the bulk of his claims in arbitration.

  • January 09, 2024

    EB-5 Visa Fraud Suit To Stay In Florida State Court

    Two men accused of defrauding millions of dollars from green card hopefuls through a visa program for foreign investors will have to fight allegations in Florida state court after a Florida federal judge refused to send their case to arbitration.

  • January 09, 2024

    Signature Signs Up Arbitration Pro From Dechert In Paris

    Signature Litigation LLP has bolstered its growing arbitration practice in Paris with a veteran partner from Dechert LLP whose expertise ranges from energy to telecommunications.

Expert Analysis

  • 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.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • UN Code Likely To Promote Good Arbitration Practices

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    The arbitrator code of conduct recently adopted by the United Nations Commission on International Trade Law should help reinforce standards of good practice and improve public perception of investor-state dispute settlement, though its effectiveness may be limited by the code's voluntary nature, say attorneys at Jenner & Block.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

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