International Arbitration

  • 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.

  • January 08, 2024

    Arbitrator In $14.9B Malaysia Case Found Guilty Of Contempt

    Embattled arbitrator Gonzalo Stampa has been convicted in Spain for contempt of court for his role in ordering Malaysia to pay $14.9 billion to the heirs of the last sultan of Sulu following a dispute stemming from a 19th century land deal, according to a Monday announcement.

  • January 08, 2024

    Kuwaiti Construction Firm Says KBR Award Deserves Scrutiny

    A Kuwaiti construction company urged the Fourth Circuit to overturn a ruling that it owes more than $8 million to Kellogg Brown & Root International, saying a lower court never considered whether a tribunal ignored or rewrote terms in the disputed contract.

  • January 08, 2024

    Walgreens, Humana Cut $360M Deal Ending Crowell Fight

    Walgreens has agreed to pay Humana $360 million after suing in D.C. federal court to challenge Humana's $642 million arbitration win in a drug overcharge fight, an award that Walgreens blamed on the alleged misconduct of its former counsel at Crowell & Moring LLP

  • January 08, 2024

    Atty Accused Of Filing Fake News Must Pay Chevron $250K

    An attorney representing Saudi oil heirs against Chevron Corp. must pay a quarter-million dollars in sanctions for manufacturing a news article in an attempt to sway the Ninth Circuit, a California federal judge determined, denying the lawyer's request for a hearing.

  • January 08, 2024

    Feds Seek 30 Mos. For Ex-FBI Field Boss For Foreign Payouts

    Prosecutors have asked a Washington, D.C., federal judge to sentence a former FBI field office supervisor to at least 30 months in prison for accepting payments from a foreign businessman, citing his "egregious violations of the public trust."

  • January 08, 2024

    Justices Again Deny Review Of Steel Nat'l Security Duties

    The U.S. Supreme Court on Monday tossed the sixth petition challenging national security tariffs on steel and aluminum, maintaining its unbroken streak of letting Federal Circuit decisions affirming the program stand.

  • January 08, 2024

    Justices Won't Take Up Venezuela Debt Challenge

    The U.S. Supreme Court declined on Monday to review a Third Circuit ruling affirming that Venezuela's state-owned oil company is liable for the country's massive debts, clearing a potential complication to one of the largest forced sales in Delaware history slated to take place later this year.

  • January 08, 2024

    Justices Reject Saipan Casino Arbitration Case

    The U.S. Supreme Court on Monday opted not to consider whether an arbitration clause that tasks arbitrators with determining their own jurisdiction can be negated by a carveout, leaving in place a Ninth Circuit decision denying arbitration in a regulatory dispute over a Saipan casino.

  • January 05, 2024

    Russian-Owned Bank Nationalized By Ukraine Seeks $1B

    A Luxembourg-based banking group, which is partially owned by a Russian oligarch, has filed a more than $1 billion claim against Ukraine in the International Centre for Settlement of Investment Disputes in an attempt to recoup the loss it allegedly incurred when Ukraine took control of a bank it owned.

  • January 05, 2024

    $5M Hurricane Damage Claim Must Be Arbitrated, Court Told

    A collection of New Orleans-area property owners must arbitrate their more than $5.1 million Hurricane Ida damage dispute, a group of insurers and underwriters told a Louisiana federal court.

  • January 05, 2024

    Jump Trading Beats Claims Stablecoin Wasn't Stable, For Now

    A California federal judge has refused to send to arbitration a putative class action alleging cryptocurrency company Jump Trading duped investors to fund Terraform's stablecoins, which lost more than 90% of their value within weeks, but he tossed the complaint, with leave to amend, for failing to sufficiently allege securities fraud.

  • January 05, 2024

    Industry Org. Backs Lloyd's, Other Insurers In Arbitration Row

    The Wholesale and Specialty Insurance Association has asked the Second Circuit to let it support a group of surplus lines insurers who claim a New York federal judge erred by not compelling into arbitration a Louisiana property owner who sued the insurers over unpaid claims stemming from Hurricane Ida.

  • January 04, 2024

    Israel Genocide Case May Illustrate New Int'l Law Trend

    A new case filed by South Africa asking the International Court of Justice to find that Israel is committing genocide in the Gaza Strip may mark the beginning of a new trend that could help increase accountability for countries accused of violating international law.

  • January 04, 2024

    Sonder Tries To Pause $90M Suit Over Houston Leases

    Short-term rental company Sonder Canada has urged a Texas federal judge to halt litigation while the company is in arbitration with several Houston landlords who say they are owed $90 million in back rent.

  • January 04, 2024

    Amazon Prevails In Account Row With Chinese Seller

    A New York federal judge declined to undo an arbitral award that favored Amazon and was issued after the e-commerce giant booted a Chinese third-party seller from its platform and froze some $50,000 in sales proceeds for soliciting favorable reviews in violation of Amazon's policies.

  • January 03, 2024

    Galderma Labs Seeks OK Of Award Over Botox-Like Treatment

    Galderma Laboratories has asked a Texas federal court to enforce an arbitral award in its trade secrets dispute with Ipsen Biopharm over an application seeking U.S. government approval of a Botox-like treatment, saying the parties are bound by an International Chamber of Commerce arbitration.

  • January 03, 2024

    World Court To Consider Israel Genocide Case Next Week

    The International Court of Justice will hold public hearings next week in South Africa's case accusing Israel of genocide for its actions in the Gaza Strip, a proceeding that an Israeli government official has derided as "absurd blood libel."

Expert Analysis

  • Defense Practice Pointers In Venezuela Bribe Case Dismissal

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    A Texas federal court’s recent dismissal of charges in U.S. v. Murta — one of over two dozen prosecutions targeting bribes paid to a Venezuelan state-owned oil company — highlights the complicated issues presented by cross-border investigations, and provides lessons for defense counsel representing foreign clients in U.S. prosecutions, say attorneys at Steptoe & Johnson.

  • Strategies For Enforcing Arbitral Awards Against Sovereigns

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    When a large project or investment in a foreign country is unexpectedly expropriated by a new government, companies often prevail in arbitration — but if the sovereign refuses to pay up, collecting the arbitral award may require persistence, creativity, and a mixture of hard and soft approaches, say Gabe Bluestone and Jeff Newton at OmniBridgeway.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Opinion

    OFAC Designation Prosecutions Are Constitutionally Suspect

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    Criminal prosecutions based on the Office of Foreign Assets Control’s sanctions-related listing decisions — made with nearly unfettered discretion through an opaque process — present several constitutional issues, so it is imperative that courts recognize additional rights of review, say Solomon Shinerock and Annika Conrad at Lewis Baach.

  • 9th Circ. Ruling Shows Int'l Arbitration Jurisdictional Snags

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    While the Ninth Circuit sidestepped the thorny and undecided constitutional question of whether a foreign state is a person for the purposes of a due process analysis, its Devas v. Antrix opinion provides important guidance to parties seeking to enforce an arbitration award against a foreign sovereign in the U.S., say attorneys at Wiley.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • Contract Disputes Recap: Nonmonetary Claims, Timeliness

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    Bret Marfut and Stephanie Magnell at Seyfarth look at recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims that shed light on the jurisdictional contours of the Contract Disputes Act and provide useful guidance on timely filings and jurisdiction over nonmonetary claims.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    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.

  • How US Investment Regulation May Shift Under Biden Order

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    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.

  • Where Biden's Outbound Investment Effort May Be Headed

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    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.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    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.

  • In-Office Engagement Is Essential To Associate Development

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    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.

  • Trends Emerge In High Court's Criminal Law Decisions

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    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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