International Arbitration

  • April 09, 2024

    HK Arbitrator Halts Commercialization Of Leukemia Treatment

    A Cayman Islands pharmaceutical company has announced that an emergency arbitrator in Hong Kong has ordered a Chinese biopharma firm to stop commercializing a treatment for leukemia as the two companies arbitrate a dispute over a terminated license agreement.

  • April 09, 2024

    Hughes Hubbard Hires Int'l Arbitration Co-Chair From A&O

    Hughes Hubbard & Reed LLP has added a former Allen & Overy LLP partner with extensive experience in Latin America to co-chair its international arbitration practice.

  • April 09, 2024

    Climate Inaction Violates Human Rights Law, ECHR Rules

    The European Court of Human Rights found on Tuesday that the Swiss government was at fault over failures to tackle global warming, one of three major decisions on climate change that could affect litigation in the future.

  • April 09, 2024

    Venezuelan Oil Co. Gets $2B Bond Fraud Suit Nixed In NY

    A New York federal judge has nixed VR Capital's lawsuit accusing Venezuela's state-owned oil company of fraud in connection with its issuance of some $2 billion in since-defaulted bonds, ruling that the asset manager couldn't prove that PDVSA had never intended to repay the bonds.

  • April 08, 2024

    Film Producer To Take $5.7M 9th Circ. Award Fight To Justices

    An investor in a failed venture to develop a "revolutionary" chemical-manufacturing technology has said he will ask the U.S. Supreme Court to decide whether a $5.7 million arbitral award issued to the venture's founders was properly enforced by the Ninth Circuit.

  • April 08, 2024

    Texas School District Not Immune In Arbitration Row

    A Texas school district isn't immune from a lawsuit by its insurers seeking to appoint an umpire in a $10 million hurricane damage dispute, a New York federal court ruled Monday, finding the district doesn't meet the standards set under the 11th Amendment.

  • April 08, 2024

    Canada's High Court Enforces Award In Greek Defense Suit

    The Supreme Court of Canada has affirmed the enforcement of an arbitral award in a dispute over a contract between aircraft manufacturer Bombardier Inc. and Greece's Ministry of National Defence, saying a Canadian bank had to refuse payment to the beneficiary of a letter of credit because of fraud.

  • April 08, 2024

    2nd Circ. OKs Turnover Order In HNA $185M Award Feud

    The Second Circuit on Monday affirmed an order forcing a subsidiary of Chinese conglomerate HNA Group to turn over its most valuable North American asset to an SL Green Realty Corp. affiliate owed about $185 million, following a dispute stemming from the affiliate's $148 million investment in a Manhattan skyscraper.

  • April 15, 2024

    Kingsley Napley Debuts Int'l Arbitration Unit With New Partner

    Kingsley Napley LLP has hired a partner from Candey LLP to lead a new international arbitration practice amid rising demand from clients to settle disputes outside traditional courts, the law firm said Monday.

  • April 05, 2024

    Equatorial Guinea Says $8M Award Can't Be Enforced

    Equatorial Guinea is urging the D.C. Circuit to nix enforcement of an $8 million arbitral award issued to a Swiss company that was ousted from a hospital operating contract, saying a lower court should have looked closer at whether the dispute was adjudicated in the proper forum.

  • April 05, 2024

    Miner Faces Mounting Financial Woes After Failed Arbitration

    Nearly a month after losing its $4.4 billion arbitration against Romania over a blocked gold and silver mining project, Canadian mining company Gabriel Resources said Thursday that it's facing a major cash crunch as it continues to weigh its options to try to revive its claims.

  • April 05, 2024

    Fla. Men Admit To Illegally Sending Aircraft Parts To Russia

    Two Florida residents pled guilty this week in Arizona to conspiracy to violate the Export Control Reform Act by illegally exporting controlled aviation technology to Russia.

  • April 05, 2024

    Justices Urged To Mull Hezbollah-Tied Bank's Immunity 'Now'

    U.S. victims of terrorist attacks in Iraq warned the U.S. Supreme Court that forgoing review on whether a defunct Lebanese bank can claim sovereign immunity from allegations the bank funded Hezbollah would have negative implications on disputes involving foreign trade.

  • April 04, 2024

    NY AG Asked To Weigh In On Multiple Sclerosis Drug Fight

    The Federal Circuit is asking New York Attorney General Letitia James to weigh in on a patent dispute over a multiple sclerosis drug after it emerged that Acorda Therapeutics' challenge to an underlying arbitral award raises questions about the constitutionality of New York's voluntary payment doctrine.

  • April 04, 2024

    Steel Talks Absent From Start Of US-EU Trade Ministerial

    Conversations on the first day of the EU-U.S. Trade and Technology Council on Thursday focused on sustainability for both the planet and the transatlantic partnership, but noticeably skirted the pair's foundered effort to reshape the global steel market.

  • April 04, 2024

    Huawei Slated For 2026 Sanctions, IP Theft Trial

    A Brooklyn federal judge on Thursday set the trial of China's Huawei Technologies and affiliates for 2026, over prosecutors' claims that Huawei deceived banks and the U.S. government for years about its business dealings in sanctioned countries and conspired to steal intellectual property from U.S. companies.

  • April 04, 2024

    Judge Axes Experts In Chiquita MDL, With More On The Way

    A Florida federal judge presiding over a long-running multidistrict litigation against Chiquita Brands rejected expert witnesses offered by both Chiquita and plaintiffs who accuse the banana grower of financially supporting a defunct Colombian paramilitary group that allegedly killed their relatives.

  • April 04, 2024

    HK Lender Gets $8M Arbitral Awards Against Fla. Atty OK'd

    A Florida federal court has ruled to confirm and enforce international arbitral awards totaling more than $8 million against a Florida attorney and his longtime client, finding the pair should have opposed the awards favoring a Hong Kong-based lender no more than three months after the case wrapped up in 2019.

  • April 03, 2024

    2nd Circ. Told FIFA Bribery Convictions Rightly Nixed

    A former 21st Century Fox television executive and an Argentine sports marketing company told the Second Circuit that a lower court was right to toss their convictions related to the FIFA corruption scandal, contending that U.S. law does not reach foreign commercial bribery.

  • April 03, 2024

    China, Australia Make Deal To End Wine Duty Spat

    Australia has dropped its World Trade Organization case against China after Beijing agreed to end hefty tariffs on wine imports from Down Under, a notice circulated to the WTO's Dispute Settlement Body confirmed Wednesday.

  • April 03, 2024

    NY High Court Ruling Significance Debated In $2B Note Suit

    VR Capital and Venezuela's state-owned oil company, Petroleos de Venezuela SA, both told a federal court on Tuesday that a ruling from New York's highest court, which cleared a path for PDVSA to argue that nearly $2 billion in defaulted notes are invalid under its domestic law, benefits their case.

  • April 03, 2024

    Anheuser-Busch 'Choking Off' Beer Supply, Distributor Says

    A New York beer distributor accused Anheuser-Busch InBev of slowly cutting off its supply using force that could only be exerted by such a "corporate behemoth," according to a suit filed in Manhattan federal court.

  • April 03, 2024

    Chiquita Says $6.9M Win Being Held Up By Banana Exporter

    Chiquita Brands told a Florida federal court that an Ecuadorian banana exporter deserves to be fined for skirting court orders requiring the exporter to hand over financial information needed to execute a $6.9 million international arbitral award to Chiquita.

  • April 02, 2024

    Receiver Looks To Claw Back $1.2M After LA Ponzi Scheme

    A court-appointed receiver has urged a California court to enforce a $1.2 million arbitral award against two production companies as part of an effort to claw back funds that were the product of a $690 million Ponzi scheme perpetrated by a since-imprisoned Los Angeles actor.

  • April 02, 2024

    Daiichi Gets Award Nixing Seagen Cancer Drug Claims OK'd

    A Washington federal judge has refused to revive U.S. biotech company Seagen Inc.'s claims seeking billions of dollars in damages in a dispute with Japanese drugmaker Daiichi Sankyo Co. Ltd. over cancer drug patents, ruling that an arbitrator who tossed the claims did not disregard the law.

Expert Analysis

  • Examining The Arbitration Clause Landscape Amid Risks

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    Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.

  • Insurance Policy Takeaways From UK Lockdown Loss Ruling

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    An English court's recent decision in Unipolsai v. Covea, determining that insurers' losses from COVID-19 lockdowns were covered by reinsurance, highlights key issues on insurance policy wordings, including how to define a "catastrophe" in the context of the pandemic, says Daniel Healy at Brown Rudnick.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EU Inquiry Offers First Insight Into Foreign Subsidy Law

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    The European Commission's first in-depth investigation under the Foreign Subsidies Regulation into a public procurement process, and subsequent brief on regulatory trends, sheds light on the commission's approach to such cases, as well as jurisdictional, procedural and substantive issues under the regulation, says Matthew Hall at McGuireWoods.

  • Assessing 2 Years Of High Court's Arbitration Waiver Ruling

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    In the two years since the U.S. Supreme Court's decision in Morgan v. Sundance, clarifying that no special rules apply to waiver of arbitration provisions, the ruling has had immediate ramifications in federal courts, but it may take some time for the effects to be felt on other federal issues and in state courts, say attorneys at Norton Rose.

  • In Int'l Arbitration Agreements, Be Clear About Governing Law

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    A trilogy of recent cases in the English High Court and Court of Appeal highlight the importance of parties agreeing to explicit choice of law language at the outset of an arbitration agreement in order to avoid costly legal skirmishes down the road, say lawyers at Faegre Drinker.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • 3 Notification Pitfalls To Avoid With Arbitration Provisions

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    In Lipsett v. Popular Bank, the Second Circuit found that a bank's arbitration provision was unenforceable due to insufficient notice to a customer that he was bound by the agreement, highlighting the importance of adequate communication of arbitration provisions, and customers' options for opting out, say attorneys at Covington.

  • Opinion

    9th Circ. Nazi Art Theft Ruling Is Bad For Repatriation Cases

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    The Ninth Circuit’s recent decision in Cassirer v. Thyssen-Bornemisza Collection Foundation, holding that a Spanish museum doesn't have to return a Nazi-stolen painting to the original Jewish owners, spells trouble for future heirloom repatriation cases, which hinge on similar archaic laws, say Andrea Perez and Josh Sherman at Carrington Coleman.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

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