International Arbitration

  • March 26, 2024

    Clyde & Co. Eyes Case Against Switzerland Over Credit Suisse

    Clyde & Co. LLP said it is currently soliciting claimants for a possible mass claim to be filed against Switzerland a year after the country forced a distressed sale of Credit Suisse to UBS along with a write-down of $17.5 billion of the bank's bonds to zero.

  • March 25, 2024

    Difficult Issues May Blur Choice On Investment Protection

    Contradictory stances toward investment protection within Latin America — including at least one country completely reversing its previous position on the issue — illustrate that while investment arbitration is facing very legitimate criticisms, a country's stance on the issue isn't always black and white.

  • March 25, 2024

    Lender Wins $44M Award In Shanghai Real Estate Feud

    A California federal court has enforced a $44 million arbitral award issued to a British Virgin Islands lender as repayment for a loan to a Chinese entity to finance a Shanghai real estate project, rejecting arguments that the arbitration violated the parties' underlying agreement.

  • March 25, 2024

    McDermott Settles Colombian Refinery Fight With $900M Deal

    A Colombian refinery company that was granted a $1 billion arbitration award against global engineering giant McDermott International Ltd. has resolved its long-standing dispute with an agreement that gives the refinery company a settlement package amounting to about $900 million.

  • March 25, 2024

    Chiquita MDL Parties Urge Fla. Judge To Ax Trial Testimony

    Parties in the multidistrict litigation against Chiquita Brands urged a Florida federal judge Monday to exclude each other's witnesses ahead of the upcoming bellwether trials, saying they were not timely disclosed and have no direct knowledge of the claims in the case.

  • March 25, 2024

    Hemp Co. Needs Atty Or It'll Lose Bid To Upend $3.9M Award

    Cannabis company Neptune Wellness Solutions Inc. must replace its legal counsel, who quit after not getting paid, a federal judge in Manhattan has ordered, warning that failure to do so will result in the dismissal of its bid seeking to dodge a $3.9 million arbitration award.

  • March 25, 2024

    Justices Won't Review 11th Circ. $285M Arbitrator Bias Suit

    The U.S. Supreme Court on Monday declined to review an Eleventh Circuit decision refusing to vacate $285 million in arbitral awards issued to the operator of the Panama Canal, a case that the petitioners said raised questions about the standard by which courts may nix awards over an arbitrator's "evident partiality."

  • March 22, 2024

    Telecom Shareholders Want Tribunal DQ'd Over 'Biased' Blog

    The majority shareholders in a Latin American telecommunications tower operator are urging a New York court to reconsider its bid to disqualify the entire tribunal overseeing an arbitration over an alleged corporate coup, saying a blog run by one of the arbiters shows proof of bias.

  • March 22, 2024

    Google Can Arbitrate Collusion Claims While Apple Beats Suit

    For the second time, a California federal judge has forced into arbitration antitrust claims brought by a Golden State crane operator training school accusing Google of paying off Apple to not develop its own search engine while dismissing the rest of the claims against both tech behemoths.

  • March 22, 2024

    5th Circ. Asked For Do-Over In Hurricane Coverage Feud

    The owners of a New Orleans apartment complex urged the Fifth Circuit to rethink ordering them to arbitrate Hurricane Ida damage claims under New York law, arguing New York's choice-of-law clause would ordinarily be unenforceable under Louisiana law if it weren't couched within the arbitration provision.

  • March 22, 2024

    Ex-Mishcon De Reya Atty Talks Switching To Litigation Finance

    After 20 years in private practice, and a summer holiday in the wake of a mammoth $11 billion arbitration case, former Mishcon de Reya LLP partner Zachary Segal made the switch to a litigation finance firm where the commercial arbitration lawyer is eyeing opportunities in emerging markets.

  • March 22, 2024

    Commerce Lifts Block On Transnational Subsidy Probes

    The U.S. Department of Commerce erased a nearly 40-year-old regulation on Friday so it can impose countervailing duties on subsidies China provides its trade partners, despite opposition from foreign governments that the move would conflict with World Trade Organization obligations.

  • March 22, 2024

    Top Dutch Court Blocks Russia's Last Bid For Vodka TMs

    Former Yukos Oil Co. shareholders said Friday that the Netherlands' top court has thrown out Russia's final bid to stop their seizure of over a dozen renowned Russian vodka trademarks in an effort to enforce $50 billion in arbitral awards.

  • March 21, 2024

    Panama Seeks To Enforce $4.8M Arbitration Award

    Panama urged a Florida federal court on Thursday to enforce a $4.8 million arbitral award against a Miami businessman and his construction firm following a dispute stemming from contracts to build hospitals, a municipal hall, a courthouse and other facilities.

  • March 21, 2024

    Canadian Energy Co. Seeks $140M In Tunisia Arbitrations

    Energy production and development company Zenith Energy Ltd. has announced that it is pursuing several arbitrations against the Republic of Tunisia and its national oil company, saying the claims currently stand at approximately $141 million due to actions taken by the country's Ministry of Hydrocarbons.

  • March 21, 2024

    Sigma Lithium Says It Will Fight LG Energy Arbitration

    Lithium producer Sigma Lithium Corp. said it plans to fight an arbitration initiation by battery-maker LG Energy Solution Ltd. before the American Arbitration Association's International Centre for Dispute Resolution.

  • March 21, 2024

    UpHealth Claims $110M Win In Glocal Control Fight

    Global digital health company UpHealth Inc. says an arbitral panel has awarded it more than $110 million following a dispute that arose out of its subsidiary's acquisition of Glocal Healthcare Systems in 2020 — even as Glocal decried the award as "one-sided and perverse."

  • March 20, 2024

    Russian F1 Driver's EU Sanctions Over Oligarch Father Lifted

    A Formula One racing driver and son of a Russian oligarch has won his fight to lift European Union sanctions, with a court ruling Wednesday there was insufficient evidence to prove that his business interests were benefiting from his fathers' wealth.

  • March 20, 2024

    Ex-Russian Minister Fails To Renew Bid To Jail Deripaska

    The Court of Appeal dismissed on Wednesday an attempt by Vladimir Chernukhin, a former Russian minister, to have his ex-business associate Oleg Deripaska jailed for contempt of court, finding that a judge had been entitled to conclude the case had not met the criminal standard of proof.

  • March 20, 2024

    Russian Exec Argues Jailed Biz Partner Can't Escape Judgment

    A Russian businessman has pressed a California federal court not to vacate a default entered against his former business partner as the businessman attempts to collect an award of more than $92 million, saying it "strains credulity" to believe that his ex-partner couldn't answer the litigation while jailed in France.

  • March 20, 2024

    Int'l Olympic Committee Rips Russia For Politicizing Sports

    The International Olympic Committee has slammed Russia's newly created "Friendship Games" as a cynical ploy to politicize sports, saying that the Russian government's plan to host its own summer and winter games runs contrary to resolutions by the United Nations General Assembly.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    US Chamber's Litigation Funding Concerns Spur 2 State Laws

    Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.

  • March 20, 2024

    Paul Hastings Adds Longtime White & Case Arbitration Pro

    Paul Hastings LLP announced Wednesday that it has recruited the longtime leader of White & Case LLP's Latin America arbitration practice to serve as global co-chair of its international arbitration practice.

  • March 19, 2024

    Healthcare Provider Says Optum Can't Duck Suit Or Arbitrate

    An East San Gabriel Valley nonprofit healthcare system has urged a California federal judge not to toss, or force into arbitration, its antitrust suit accusing Optum Health of lying to patients as part of broader efforts to force the system out of the local primary care physicians market.

Expert Analysis

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Nix Of $11B Award Shows Limits Of Arbitral Process

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    A recent English High Court decision in Nigeria v. Process & Industrial Developments, overturning an arbitration award because it was obtained by fraud, is a reminder that arbitration decisions are ultimately still accountable to the courts, and that the relative simplicity of the arbitration rules is not necessarily always a benefit, say Robin Henry and Abbie Coleman at Collyer Bristow.

  • Int'l Arbitration Doesn't Have To Be Slow And Expensive

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    Anton Maurer at JAMS offers a series of practice points aimed at reducing the cost and delays of international arbitration, such as avoiding overbroad document discovery, without harming the result of the proceedings.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • A Look At Enforcing And Contesting Arbitral Awards In Qatar

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    As Qatar aspires to become a regional investment hub as part of its Qatar Vision 2030, it has committed to modernizing its arbitration practices in accordance with international standards, including updating the process of enforcing and contesting arbitration awards, say attorneys at Crowell & Moring.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Protecting The Arbitral Process In Russia-Related Disputes

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    Four recent High Court and Court of Appeal rulings concerning anti-suit injunction claims illustrate that companies exposed to litigation risk in Russia may need to carefully consider how to best protect their interests and the arbitral process with regard to a Russian counterparty, say lawyers at Linklaters.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • RSA Insurance Ruling Clarifies Definition Of 'Insured Loss'

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    A London appeals court's recent ruling in Royal & Sun Alliance Insurance v. Tughans, that the insurer must provide coverage for a liability that included the law firm's fees, shows that a claim for the recovery of fees paid to a firm can constitute an insured loss, say James Roberts and Sophia Hanif at Clyde & Co.

  • Best Practices For Cos. Navigating US-China Investigations

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    Given recent enforcement trends and the broad jurisdictional reach of U.S. laws, companies with operations in China must enhance their compliance programs in order to balance new corporate enforcement expectations with Chinese data protection and privacy requirements, say attorneys at Paul Hastings.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • 3 Cases Show Tensions Between Arbitration And Insolvency

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    The intersection of international arbitration and insolvency may influence the formulation of litigation strategy on a global scale, and several recent cases illustrate the need for counsel to understand how courts are varying in their approaches, say attorneys at Skadden.

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