International Arbitration

  • March 08, 2024

    Justices Urged To Take Up 'Who Decides' Arbitration Question

    An international arbitration scholar has urged the U.S. Supreme Court to resolve whether a court or an arbitrator should decide a dispute's proper venue in cases involving nonsignatories to an arbitration agreement, an issue that's arisen in antitrust litigation over National Association of Realtor rules.

  • March 08, 2024

    DC Circ. Throws Out Victims' Claims Over Hamas Attack

    The D.C. Circuit on Friday vacated a lower court judgment regarding a married couple injured by a member of the Hamas militant group in Jerusalem, finding that the attack did not result in an "extrajudicial killing" that would give the court jurisdiction under U.S. law.

  • March 08, 2024

    Off The Bench: Dartmouth Union, Iowa Betting Case Folds

    In this week's Off The Bench, Dartmouth College men's basketball players vote to unionize over the school's objections, a probe into Iowa State University athletes' gambling activities fizzles amid warrantless search allegations, and a Wimbledon champion gets her doping suspension reduced. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.

  • March 08, 2024

    Czech Republic Can Fight Part Of $350M Blood Plasma Award

    A London judge Friday allowed the Czech Republic to pursue some of its challenges to a $350 million award in favor of a blood plasma company, but blocked others in a decades-long complex arbitration dispute.

  • March 07, 2024

    $285M Panama Canal Case Must Be Reviewed, Justices Told

    A contractor enlisted on a multibillion-dollar project to widen the Panama Canal is urging the U.S. Supreme Court not to ignore an "open conflict" among lower courts over the vacatur standard for evident partiality, as the justices get ready to issue a certiorari decision that will likely come later this month.

  • March 07, 2024

    Southern Peaks Awarded $42.5M Over Peruvian Copper Deal

    Peruvian copper producer Southern Peaks Mining LP said it has won a multi-million-dollar arbitral award favoring its management subsidiary due to breaches of a sale and purchase agreement with Singaporean commodity trading company Trafigura Beheer BV over the acquisition of a mine.

  • March 07, 2024

    5th Circ. Affirms Arbitration In Hurricane Coverage Feud

    The Fifth Circuit has ordered the owner of a New Orleans luxury apartment and retail complex to arbitrate a dispute with its domestic surplus lines insurers over coverage for $7 million in hurricane damage, ruling that arbitration is permitted under a carveout in conflicting Louisiana state law.

  • March 07, 2024

    Peru's Telecom Co. Wants $168M Award Suit Tossed

    Peru's state-owned Programa Nacional de Telecomunicaciones has urged a D.C. federal court to set aside an entry of default in litigation to enforce $168 million in arbitral awards issued to a broadband provider, arguing that it has sovereign immunity and wasn't properly served.

  • March 06, 2024

    Exxon Kicks Off Arbitration Over Guyana Offshore Oil Project

    ExxonMobil has initiated arbitration in order to retain its right of first refusal over Hess Corp.'s stake in a lucrative oil block off Guyana's Atlantic coast, an Exxon spokesperson confirmed on Wednesday.

  • March 06, 2024

    Judge Won't Revisit Contempt Order In Gold Mine Control Suit

    A Colorado federal judge refused Tuesday to reconsider or amend his 2022 contempt order sanctioning mineral exploration company DynaResource in a decade-old arbitration dispute over control of a Mexican gold mine, finding that DynaResource's arguments are untimely and "at best" tangentially related to the arbitration award.

  • March 06, 2024

    Don't Get Too Comfy Before Trade Deal Review, Tai Says

    U.S. Trade Representative Katherine Tai on Wednesday cautioned the U.S., Mexico, and Canada not to get "too comfortable" ahead of approaching the first review of the nations' trade accord, saying some discomfort was needed to motivate them towards tackling global trade issues.

  • March 06, 2024

    Sidley Adds 11-Year Wiley Rein Leaders To DC Group

    Sidley Austin LLP has hired two members of Wiley Rein LLP's leadership, one of whom joins to help co-lead its global arbitration, trade and advocacy practice, the firm announced Wednesday.

  • March 06, 2024

    Wimbledon Champ Scores Significant Doping Ban Reduction

    Romanian professional tennis player Simona Halep has secured a victory in her appeal of a doping ban, with the Court of Arbitration for Sport reducing her period of ineligibility from four years to nine months because her violation was found to be unintentional.

  • March 05, 2024

    Chinese Movie Tycoon Slapped With Fees In $500M Award Suit

    A New York federal judge ordered an "impenitent" Chinese cinema magnate on Tuesday to reimburse three investors about $160,000 in attorney fees after he repeatedly ignored discovery orders issued in a case to enforce arbitral awards now worth more than $500 million against him.

  • March 05, 2024

    Oro Negro Bondholders Want Quinn Emanuel Sanctioned

    Bondholders in Mexican oil and gas company Perforadora Oro Negro asked a Florida judge on Tuesday to sanction Quinn Emanuel Urquhart & Sullivan LLP for continuing to represent the company's founders in a $30 million dispute despite a disqualification order.

  • March 05, 2024

    Colombia Fends Off Canadian Co.'s Claims In Mining Dispute

    Attorneys for the Republic of Colombia said Tuesday that the country has defeated an arbitration claim for more than $100 million lodged by a Canadian mining company after the country prohibited mining in the páramos, a rare, high-elevation ecosystem in the Andes.

  • March 05, 2024

    Ex-Russian Minister Renews Bid To Jail Deripaska In UK

    Former Russian minister Vladimir Chernukhin urged an appeals court Tuesday to revive his bid to jail his ex-business associate Oleg Deripaska for contempt of court, arguing an earlier judge was wrong to find than an agreement to preserve assets had not been breached.

  • March 04, 2024

    Panama Skirts $100M Claim Over Biofuel Regulations

    An international tribunal has tossed a $100 million claim accusing Panama of enacting regulatory changes that led to the shuttering of a biofuels company, ruling that a group of Italian investors could not prove they controlled the Panamanian company.

  • March 04, 2024

    EU Eyes Strategy For Exiting 'Outdated' Energy Treaty

    The European Commission has asked its 27 member states not to stand in the way of proposed reforms to a contested cross-border agreement that protects fossil fuel investments, saying the European Union's approval of the reforms would hasten the EU's departure from the pact.

  • March 04, 2024

    5th Circ. Says Hurricane Coverage Battle Must Be Arbitrated

    A Louisiana property owner and its eight domestic insurers must arbitrate the owner's claims that they mishandled and delayed paying its Hurricane Laura property damage claim in bad faith, the Fifth Circuit ruled Monday, reversing a district court's decision that found an arbitration provision at issue unenforceable.

  • March 04, 2024

    French Spinal Care Co. Can't Get €4.2M Award Enforced

    A Delaware judge has blocked the enforcement of a €4.2 million ($4.56 million) arbitral award issued in a dispute over failed plans for a French medical equipment company to expand into Colombia, ruling that the company misinterpreted an arbitration clause that referred to a nonexistent arbitral forum.

  • March 04, 2024

    Antibe Therapeutics To Pay Nuance $24M In Licensing Fight

    Canadian company Antibe Therapeutics Inc. said Monday it has lost its dispute in arbitration with Chinese firm Nuance Pharma Ltd. over a licensing deal for an anti-inflammatory drug, saying it has agreed to pay out $24 million as the license agreement is rescinded.

  • March 04, 2024

    Winston & Strawn Taps Jones Day Atty For Leadership Role

    Winston & Strawn LLP announced Monday that it has tapped a longtime partner from Jones Day in Houston to chair its infrastructure and projects global disputes group.

  • March 04, 2024

    Justices Won't Review Concrete Co. Licensing Fight

    The U.S. Supreme Court on Monday turned away a petition arguing that state courts are "eroding" the rule requiring clear evidence that a party agreed to arbitrate a particular dispute, in a case centering on an arbitral award favoring a concrete company in a licensing feud.

  • March 01, 2024

    Ga. Tech Prof Gets Most China-Tied Fraud Charges Tossed

    A Georgia federal judge on Friday overruled a federal magistrate in dismissing nine of 10 criminal charges against a former Georgia Institute of Technology professor who was accused of using his post to help bring foreign nationals into the U.S. to covertly work for Chinese telecommunications firm ZTE.

Expert Analysis

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The State Of UK Litigation Funding After Therium Ruling

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    The recent English High Court decision in Therium v. Bugsby Property has provided a glimmer of hope for litigation funders about how courts will interpret this summer's U.K. Supreme Court ruling that called funding agreements impermissible, suggesting that its adverse effects may be mitigated, says Daniel Williams at DWF Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • 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.

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