International Arbitration

  • December 13, 2023

    Biofuel Co. Secures €3.4M Award In Dutch Biogas Plant Fight

    A Dutch arbitration tribunal has ordered Blue Sphere Brabant BV to hand waste treatment company Anaergia an interim payment of €3.4 million ($4.2 million) in their dispute related to the construction of a biogas plant in the Netherlands.

  • December 13, 2023

    Mozambique Says President's Docs Not Needed For Fair Trial

    The right of an Abu Dhabi shipbuilder to a fair trial has not been compromised by the absence of evidence from the president of Mozambique on the $2 billion "tuna bonds" scandal, the country's lawyers told a London court on Wednesday.

  • December 13, 2023

    Vale Denies Liability In BHP's £36B Dam Disaster Case

    Mining giant Vale has told a London court it will not be liable to pay any "contribution" toward BHP's potential exposure to £36 billion ($45 billion) in damages following the collapse of a Brazilian dam, because the disaster was triggered by unprecedented earthquakes.

  • December 12, 2023

    Trina Says 9th Circ. Can Review Remand Order In $100M Suit

    Trina Solar's attorney urged the Ninth Circuit on Tuesday to find the court has jurisdiction over Trina's appeal of an order sending a $100 million breach of contract suit against the company to state court, saying the lower court's merits-based decision opens it to appellate review.

  • December 12, 2023

    Carnival Wrongful Death Suit Sent Back To State Court

    A Florida federal judge has rejected Carnival Corp.'s request for arbitration in a wrongful death suit filed by the family of a former worker for the cruise line, instead granting the family's bid to send the case back to Texas state court.

  • December 12, 2023

    Russia Seeks To Toss Yukos Capital's $5B Arbitration Award

    A $5 billion arbitration award against Russia must be dismissed because the country never ratified the treaty under which the arbitration was enforced, the Russian Federation told a D.C. federal court.

  • December 12, 2023

    Real Estate Co. Asks 2nd Circ. To Confirm $185M Award Order

    An SL Green Realty Corp. unit has asked the Second Circuit to confirm a lower court order requiring Chinese conglomerate HNA Group International to turn over its interest in HNA North America in partial satisfaction of a $185 million judgment against the conglomerate.

  • December 12, 2023

    House Committee Seeks To 'Reset' US-China Relationship

    The House Select Committee on China released a comprehensive strategy Tuesday to "reset" the U.S.-Chinese economic relationship and even the playing field with the country, including a recommendation that the U.S. end permanent normal trade relations.

  • December 12, 2023

    Vale Bids To Pull Dam Collapse Suit Into Brazilian Arbitration

    Brazilian mining business Vale SA urged a London judge on Tuesday to block BHP Group's attempt to share its £36 billion ($45.2 billion) potential exposure to damages from a collapsed dam, saying the dispute must be resolved in arbitration.

  • December 12, 2023

    Raptors Bite Back At Knicks Data Theft Case, Mull Countersuit

    The Toronto Raptors want a Manhattan federal judge to dismiss a data-theft suit by the New York Knicks, saying the Knicks have already conceded that the parties are contractually bound to arbitration and raising the prospect of a countersuit for defamation.

  • December 11, 2023

    Swiss Trader Favored In Venezuelan Chemical Bartering Fight

    A London court has largely affirmed an arbitral award ordering a Curaçao company to pay up after receiving more than $3.2 million worth of an industrial chemical from a Swiss trading house, rejecting arguments that the tribunal lacked jurisdiction because underlying agreements involved a bartering deal.

  • December 11, 2023

    DC Magistrate Judge Rejects Recusal Bid In Smartmatic Case

    A D.C. federal magistrate judge won't recuse herself from Smartmatic's defamation suit against One America News Network, denying the far-right channel's bid to remove her from the case for briefly representing Venezuela and its president, Nicolás Maduro, during her time as a Venable LLP attorney in 2019.

  • December 11, 2023

    GOP Lawmakers Urge Raimondo To Nix Vietnam Review

    Three Republican senators on Monday urged the head of the U.S. Department of Commerce to suspend the agency's review of Vietnam's nonmarket economy status, claiming the process is being rushed toward a reversal that could hurt American companies.

  • December 11, 2023

    Gibson Dunn Names European Attorney As AI Co-Chair

    Gibson Dunn & Crutcher LLP announced Monday that London- and Paris-based partner Robert Spano was named co-chair of the firm's artificial intelligence group, working alongside the three California attorneys already serving in the role.

  • December 11, 2023

    Justices Turn Away Yacht Sale Arbitration Case

    The U.S. Supreme Court on Monday declined to resolve whether an arbitral award can be vacated under federal arbitration law if it orders illegal activity, in a case that stems from a yacht sale that went awry.

  • December 08, 2023

    Venezuela Says Immediate Appeal Needed In Citgo Cases

    Venezuela is pressing a federal judge to allow it to immediately appeal his ruling putting seven creditors closer to taking part in an auction of Citgo's indirect parent company next year, arguing that the legality of one of the largest forced sales in Delaware history is on the line.

  • December 08, 2023

    Trade Court Says Fish Import Case Belongs In District Court

    The U.S. Court of International Trade ruled that it can't hear a Texas importer's allegations that the U.S. illegally blocked fish harvested off Antarctica, finding that claims against the international body regulating those waters belong in district court.

  • December 08, 2023

    Tristan Gets Ch. 15 Recognition In Bid To Collect Kazakh Debt

    A New York bankruptcy court said Friday that it would grant Chapter 15 recognition to a debt restructuring underway in the British Virgin Islands by Tristan Oil Ltd., as part of the company's attempts to collect on a $555 million arbitration award from Kazakhstan's government.

  • December 08, 2023

    DC Circ. Affirms $618M Arbitration Award Against Venezuela

    The D.C. Circuit on Friday rejected efforts by Venezuela's interim government to overturn a more than $618 million arbitration award issued against the country, which had argued that an international tribunal wrongly excluded the Guaidó government from participating in the proceedings.

  • December 07, 2023

    Hitachi Must Arbitrate Transfer Claims In $384M Award Fight

    A New York federal judge Wednesday ordered a Hitachi unit to arbitrate its claim accusing the founder of construction equipment rental company Acme Business Holdco LLC of fraudulently transferring away some $57 million, as the pair battle over $384 million in outstanding loans.

  • December 07, 2023

    Russians Charged With Hacking US, UK Intelligence Officials

    Two men who work for the Russian Federal Security Service have been charged in California federal court with hacking email accounts belonging to current and former U.S. and United Kingdom intelligence officials, defense contractors, researchers and journalists, and leaking some of the information to the press ahead of the 2019 U.K. elections.

  • December 07, 2023

    Tai Says E-Commerce Pivot Avoided 'Policy Suicide'

    The U.S. trade chief defended pulling support for long-held U.S. policy positions on digital trade during an appearance at the Aspen Security Forum on Thursday, arguing that recent technological developments made backing old proposals "massive malpractice" or "policy suicide."

  • December 07, 2023

    Binance Seeks To Arbitrate Fraud Oversight Investor Suit

    Binance has moved to compel arbitration of a proposed class action accusing the world's largest crypto exchange platform of turning a blind eye to potential money laundering and terrorist financing on its platform, arguing the plaintiffs' claims fall within the arbitration terms of a clause they expressly agreed to.

  • December 07, 2023

    Fla. Fairfield Inn Must Arbitrate Hurricane Damage Fight

    A Florida federal judge ordered the owner of a Fairfield Inn in Tampa to arbitrate its hurricane damage dispute in New York with its insurers, saying the property owner's argument that arbitration unfairly favored insurers was irrelevant since the dispute involved a foreign underwriter.

  • December 06, 2023

    Confirmation Of Arbitration Awards Against Lima Nears

    A highway contractor's pursuit of roughly $190 million in arbitration awards against Lima closed in on victory on Wednesday, but a D.C. federal judge first wants attorneys for the Peruvian capital to explain the municipality's criminal complaint against three arbitrators weighing the latest chapter in the toll road dispute.

Expert Analysis

  • Senate Hearing Highlights Antitrust Hazards In PGA-LIV Deal

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    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.

  • What Venezuelan Gold Fight Means For UK One Voice Doctrine

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    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.

  • What's Causing EU-US Impasse On Steel And Aluminum

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    The EU and the U.S. have made limited progress in negotiating for a Global Arrangement on Sustainable Steel and Aluminum, and they face high obstacles to meeting the fast-approaching October deadline, say attorneys at Akin.

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • How Conflict Management Can Prevent Arbitration Disputes

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    Recent International Chamber of Commerce guidance highlights that thinking beyond traditional arbitration and litigation can deliver huge benefits for businesses, which should be proactive in utilizing mediation, evaluations and expert determinations to expedite resolution and reduce costs, says Jennifer Haywood at Serle Court.

  • Rare UK Ruling Offers Clarity On Business-To-Consumer Arb.

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    In an unusual ruling, the High Court recently refused to enforce a foreign-seated arbitration award in Payward v. Chechetkin — as doing so would be contrary to public policy — which is an important reminder for businesses to tailor dispute resolution provisions to the needs of specific consumers, say Charlie Morgan and Elizabeth Kantor at Herbert Smith.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • China Boosts Arb. Reform With 'Interim Measures' Change

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    While China may face challenges in competing with other preferred arbitral venues, its recent development in the delivery of interim measures serves as the initial stage of arbitration enforcement reform, says Minda Huang at Kobre & Kim.

  • The Supreme Court Is At War With Itself On Extraterritoriality

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    The U.S. Supreme Court recently issued two conflicting pronouncements about the presumption against extraterritoriality without acknowledging the tensions between these decisions, which leaves lower courts, practitioners and potential defendants in the dark, says Jonah Knobler at Patterson Belknap.

  • Level Up Lawyers' Business Development With Gamification

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    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

  • Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

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    In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

  • 5 Ways Firms Can Rethink Office Design In A Hybrid World

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    As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

  • Opinion

    Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • RICO Ruling Makes US More Attractive Foreign Creditor Forum

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    The U.S. Supreme Court's decision in Yegiazaryan v. Smagin, allowing a foreign plaintiff to use the Racketeer Influenced and Corrupt Organizations Act to enforce a foreign arbitral award, will make judgment creditors more likely to seek out U.S. courts to remedy efforts to frustrate the enforcement of international arbitration awards, say attorneys at Paul Hastings.

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