International Arbitration

  • 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    EU Eyes Strategy For Exiting 'Outdated' Energy Treaty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a licensing deal for an anti-inflammatory drug, saying it has agreed to pay out $24 million as the license agreement is rescinded.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.

  • March 01, 2024

    Columbia Arbitration Panel Talks Reform, Treaty Challenges

    A lack of expertise that can lead to giving away too much to larger, more powerful nations is just one of the challenges that emerging economies face when negotiating treaties, several government officials said during a wide-ranging panel on investor-state dispute settlement on Friday during the 2024 Columbia Arbitration Day in New York.

  • March 01, 2024

    Honduras Tells World Bank It's Denouncing ICSID Convention

    The World Bank said it has received a notice of denunciation from the Republic of Honduras regarding the financial institution's International Centre for Settlement of Investment Disputes and its treaty ratified by 158 contracting states to uphold and enforce arbitral awards.

  • March 01, 2024

    WTO To Wind Down Block On Digital Trade Tariffs

    World Trade Organization members agreed Friday to maintain a long-running block on tariffs for electronic transmissions for two more years before allowing it to permanently expire, a compromise outcome that is unlikely to satisfy American businesses.

  • March 01, 2024

    Baker Botts Chases Petrochemical Client For $7M Legal Fees

    Baker Botts LLP has taken an Egyptian energy tycoon to court, alleging he owes the firm nearly $7 million in fees for representing two of his petrochemical companies in legal proceedings in a dispute over shares.

  • February 29, 2024

    Judge Nixes Enforcement Of 'Fabricated' $88M Award

    An English judge on Thursday set aside his order enforcing a £70 million ($88.4 million) arbitral award against a Kuwaiti bank after concluding the award was a "fabrication" that included "substantial" passages lifted directly from a 2022 decision issued by the High Court.

  • February 29, 2024

    Worley Pays Ecuador $6M To Resolve Oil Refinery Dispute

    The Ecuador attorney general's office has reported that Worley International Services Inc. fully paid a $6 million award to reimburse the country for fees and costs it incurred in an international arbitration over bribes the engineering firm made to secure oil refinery contracts.

  • February 29, 2024

    Lima Denies Contractor's Call For Sanctions In $140M Row

    Lima has asked a D.C. federal judge to deny a highway contractor's bid for attorney fees as it looks to enforce nearly $140 million in arbitral awards against the Peruvian city, saying the contractor wrongly claims that the city's attempts to vacate the awards are sanctionable.

  • February 29, 2024

    Mexico Must Close Mine To Fix Labor Violations, US Says

    Shuttering a Grupo Mexico-owned mine until management negotiates with workers' lawfully designated labor union is the only way to resolve rights violations at the facility, the United States told an international dispute settlement panel in its closing remarks Wednesday.

  • February 28, 2024

    Skeptical DC Circ. Probes Treaty's Arbitration Applicability

    A D.C. Circuit panel on Wednesday seemed dubious about efforts by Spain and Romania to escape the enforcement of substantial arbitration awards based on the contention that European Union law prohibits arbitration between member states and European investors.

  • February 28, 2024

    'You Gave Away Your Case': Crypto Win Wilts At High Court

    The U.S. Supreme Court on Wednesday leaned toward letting a technical tug-of-war continue in litigation accusing the cryptocurrency platform Coinbase Inc. of running a sketchy sweepstakes, as multiple justices suggested the Ninth Circuit overlooked key issues when it sided with aggrieved consumers.

  • February 28, 2024

    High-Profile Mining Case Shines Spotlight On Cybersecurity

    An alleged hacking incident in a high-profile investor-state arbitration over mining projects in Australia was made public earlier this month, begging the question: With the prevalence of high-stakes disputes being resolved through international arbitration, why is it so rare to hear about such occurrences?

  • February 28, 2024

    Au Pair Agency Can't Arbitrate Wage Claims, Judge Says

    Au pair agency Cultural Care has waived any claimed right to pursue arbitration in a proposed collective wage complaint by extensively litigating the case for several years, including a trip to the First Circuit, a Massachusetts federal judge concluded Wednesday.

  • February 28, 2024

    US Mine Claims 'An Affront' To Nat'l Sovereignty, Mexico Says

    The government of Mexico on Wednesday called on a multinational panel to toss the United States' claims that the collective bargaining rights of workers at a mine in Zacatecas continue to be violated six years after a workers' strike ended.

  • February 28, 2024

    Fortum Files Multibillion-Euro Claim Against Russia

    Finnish energy company Fortum has said it is bringing a multibillion-euro arbitration claim against Russia, saying Moscow's "hostile action" in seizing its power plants in the country in 2023 deprived Fortum of its shareholder rights.

  • February 27, 2024

    La. Comfort Inn Owner Ordered To Arbitrate $2.6M Storm Suit

    A Louisiana federal judge has ordered the owner of a Comfort Inn outside New Orleans to arbitrate a $2.6 million suit against its insurer over coverage for damage from Hurricane Ida, saying its insurance policy compels arbitration.

  • February 27, 2024

    Hogan Lovells Says It Was Barred From Labor Dispute Interviews

    A Hogan Lovells attorney for Mexico's San Martín Mine told Law360 that his team has been shut out of proceedings in the first-ever labor-focused panel dispute under the United States-Mexico-Canada Agreement, centered on alleged collective bargaining violations. 

Expert Analysis

  • 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.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

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