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International Arbitration
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January 03, 2025
Dechert, Garrigues Attys Move On To Independent Arbitration
Dechert's former head of international arbitration and a longtime Garrigues arbitrator have both announced their departure from their law firms as they plan to establish practices as independent arbitrators in the new year.
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January 03, 2025
Enforcement Of $146M Chilean Hospital Award Sought In Conn.
A Chilean construction company has kicked off new litigation in Connecticut looking to enforce a $146.5 million arbitral award against Italian construction giant Webuild, several months after a Delaware judge nixed the company's initial enforcement suit on jurisdictional grounds.
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January 03, 2025
DC Judge Pauses Enforcement Of $35M Poland Award
Litigation to enforce a $35 million arbitral award against Poland that was issued to a company that was once the country's largest petrochemical and oil product trader will remain on hold until a Swedish appeals court decides whether the award must be set aside under European Union precedent.
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January 02, 2025
Cruise Cos. Say Justices Unlikely To Consider $440M Cuba Case
Four cruise lines have urged the Eleventh Circuit not to pause sending a yearslong dispute back to a lower court after the circuit court overturned a $440 million judgment against them for "trafficking" in property seized by Cuba, saying the U.S. Supreme Court is unlikely to take up the case.
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January 02, 2025
Hogan Lovells Gets $1.25M Afghanistan Award OK'd
Hogan Lovells won enforcement on Thursday of a $1.25 million arbitral award it won against Afghanistan over its representation of the country in various legal matters, an award that the new Taliban-led government has ignored for two years.
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January 02, 2025
Spain Details Imminent High Court Bid In Intra-EU Award Suits
Spain is planning to ask the U.S. Supreme Court to review a D.C. Circuit decision that greenlighted the enforcement of intra-European Union investor-state awards in U.S. federal courts, saying in court filings that the appeal raises serious issues related to foreign sovereign immunity.
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January 02, 2025
Former Sullivan & Cromwell Arbitration Head Goes Solo
A decadelong leader of Sullivan & Cromwell LLP's arbitration practice announced he is going solo on Thursday after nearly four decades with his prior firm.
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January 01, 2025
The Top 5 High Court Cases To Watch This Spring
The U.S. Supreme Court justices will return from the winter holidays to tackle major First Amendment questions and several administrative law disputes — all arising from the Fifth Circuit — that could further change how federal agencies promulgate rules and defend them.
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January 01, 2025
Top International Trade Policy Stories To Watch In 2025
The re-election of Donald Trump has once again put U.S. trade policy center stage, as corporate attorneys brace for the sort of tariff and dealmaking whirlwind that came to define much of Trump's first term.
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January 01, 2025
3 International Arbitration Trends To Watch in 2025
As we transition into 2025, experts in international arbitration say they are looking out for how three trends will influence the practice area: a likely increasing number of disputes under the new administration of President-elect Donald Trump, new cities trying to get into the dispute resolution business and artificial intelligence continuing to impact arbitration in (hopefully) beneficial ways.
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January 01, 2025
5 International Arbitration Cases To Watch In 2025
The U.S. Supreme Court and the D.C. Circuit are set to decide cases in 2025 that could have a wide effect on how courts interpret the Foreign Sovereign Immunities Act and could provide a pathway for investor-state claimants to enforce awards against European countries. The Federal Circuit, meanwhile, is adjudicating a case that could have important effects in the arbitration and intellectual property fields. Here are five cases to watch over the next year.
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December 20, 2024
Fla. Judge Orders Ky. Tower Sale Laundering Case To Proceed
A Florida federal judge denied a request by two Miami businessmen to toss a civil forfeiture lawsuit brought by the U.S. government in an attempt to seize $9.1 million from the sale of a Kentucky office tower with alleged links to a Ukrainian money laundering scheme.
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December 20, 2024
Trade Panel Strikes Down Mexico's Curbs On Biotech Corn
Mexico's 2023 restrictions on the use of genetically modified corn to make tortillas and animal feed violated the country's trade accord with the U.S., a dispute settlement panel ruled Friday, finding that the policy was not based on sound science.
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December 20, 2024
DC Circ. Backs Dismissal Of Energy Co.'s $1.1B Angola Suit
The D.C. Circuit refused Friday to revive an energy company's lawsuit against Angola over $1.1 billion worth of nixed power plant contracts, agreeing with courts in New York that the dispute must be litigated in the African country.
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December 20, 2024
11th Circ. Won't Reconsider Nixing $440M Cuba Dock Claim
The Eleventh Circuit said it won't take a second look at its decision upending a $440 million judgment against four cruise lines that were accused of participating in prohibited tourism in Cuba by way of utilizing a dock that once belonged to a U.S.-based company.
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December 20, 2024
Halliburton Tells High Court That Age Bias Battle Can't Go On
Halliburton told the U.S. Supreme Court that an ex-worker is attempting to create a "back door" to challenge an arbitration award that resolved his age bias suit, urging the justices to join the Tenth Circuit in finding that the case had run its course.
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December 19, 2024
Fla. Judge OKs $12M Award In Nigerian Oil Fight
A Florida judge Wednesday allowed Côte d'Ivoire's state-owned energy company to enforce an $11 million arbitral award it won following a troubled joint venture to acquire and manage some of Chevron's West African downstream assets, largely rejecting Nigeria-based MRS Holdings Ltd.'s jurisdictional objections.
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December 19, 2024
US Co.'s Claim Over Canada Coal Phaseout Nixed
Westmoreland Coal Co. has lost its investor-state claim against Canada after lawmakers in Alberta opted to fast-track a planned coal phaseout, Ottawa has confirmed.
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December 19, 2024
The Biggest UK Supreme Court Decisions Of 2024
The U.K. Supreme Court in 2024 has looked into the enforcement of arbitration agreements, put an end to brand owners collecting broad trademark monopolies, galvanized climate activism and stressed the importance of solicitor-client costs agreements.
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December 18, 2024
1st-Ever Arb. Antitrust Casino Class Certified In Shuffler Suit
Scientific Games' successor Light & Wonder Inc. must battle arbitration from customers accusing the gambling company of monopolizing the automatic card shuffler market using fraudulently obtained patents, after an arbitrator said there's no need to individually assess the arbitration provisions of all roughly 112 class members.
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December 18, 2024
China Co. Asks Justices To Review E-Commerce Jurisdiction
China-based e-commerce company Zembrka has asked the U.S. Supreme Court to review a Second Circuit opinion that found proof of an online transaction in a particular state is enough to establish personal jurisdiction, regardless of whether the product ships or is refunded.
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December 18, 2024
Insurers Say Arbitration Is Proper In $7M Ida Damage Suit
A group of international and domestic insurers asked a Louisiana federal judge to keep in place an order to arbitrate a $7 million Hurricane Ida damage claim, disputing a property owner's argument that state law has a say in the matter.
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December 18, 2024
EU Court Rejects Latest Challenge To Portugal's Tax Clawback
A European court rejected a Brazilian-based company's challenge Wednesday to a European Commission ruling that Portugal must claw back tax breaks provided to companies with no local economic activity because that ran counter to commission-approved policies.
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December 18, 2024
Mobile Game Co. Can Arbitrate False Advertising Claims
A Manhattan federal judge said mobile game maker Papaya Gaming can arbitrate claims it misleadingly represents that users can compete with other live people, ruling that the terms of use contained valid arbitration clauses.
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December 17, 2024
Distributor Seeks OK Of $131M Venezuela Award
A Hong Kong goods distributor has kicked off litigation in Delaware looking to enforce a $131 million arbitral award against a subsidiary of Venezuela's state-owned oil company, stating in its petition that it wants to target the country's interest in the oil giant Citgo.
Expert Analysis
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Decoding Arbitral Disputes: Cross-Border Contract Lessons
A U.K. court's decision this month in Banco De Sabadell v. Cerberus provides critical lessons for practitioners involved in drafting and litigating cross-border investment agreements, and offers crucial insight into how English courts apply foreign law in complex cross-border disputes, says Josep Galvez at 4-5 Gray's Inn.
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Contending With Issues Of Corruption In Int'l Arbitration
A recent survey gauged the international legal community's views on dealing with corruption allegations in arbitration, and the results indicate a clear call for arbitrators to be more proactive and interventionist in order to maintain the integrity of the process, say attorneys at BCLP.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Can Romania Escape Its Arbitral Award Catch-22?
Following a recent European Union General Court decision, Romania faces an apparent stalemate of conflicting norms as the country owes payment under an International Centre for Settlement of Investment Disputes award, but is prohibited by the European Commission from making that payment, say attorneys at Orrick.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Preparing For The New Restrictions On Investment Into China
In light of a new regulatory program governing U.S. investments in China-related technology companies of national security concern, investors should keep several considerations in mind, including the rules' effect on existing and new investments, compliance hurdles, and penalties for noncompliance ahead of the rules' January implementation, say attorneys at Gunderson Dettmer.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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State Immunity Case Highlights UK's Creditor-Friendly Stance
The English Court of Appeal's decision in a conjoined case involving Spain and Zimbabwe, holding that the nations cannot use state immunity to escape arbitral award enforcement, emphasizes the U.K.'s reputation as a creditor-friendly and pro-arbitration jurisdiction, says Jon Felce at Cooke Young.