International Arbitration

  • April 12, 2024

    S. Korea Must Pay Mason $32M In Samsung Merger Fight

    An international tribunal ordered South Korea to pay Mason Capital Management LLC $32 million in a long-running investor-state suit filed by the New York-based hedge fund over the 2015 merger of two Samsung affiliates, according to the South Korea Ministry of Justice.

  • April 12, 2024

    Peru Says Gramercy's $100M Bond Arbitration Bid Too Late

    Peru is hitting back at Connecticut-based hedge fund Gramercy's bid to enforce a $100 million arbitral award that it secured over the country's valuation of old government bonds, telling a D.C. federal court that the investor had failed to bring its challenge within three years of learning of the alleged misconduct as required by a bilateral trade agreement. 

  • April 12, 2024

    GPS Legal Co-Founder In HK Launches New Law Firm

    An international arbitration lawyer and litigator who co-founded Hong Kong law firm Georgiou Payne Stewien has said he has left it to launch his own firm.

  • April 19, 2024

    Morgan Lewis Bolsters Munich Office With Partner Hire

    Morgan Lewis & Bockius LLP has hired the Munich office managing partner of Reed Smith LLP to shepherd its expanding global disputes practice.

  • April 19, 2024

    Lewis Silkin Brings Back Disputes Pro From Hausfeld

    Lewis Silkin LLP has rehired a technology and insolvency expert from Hausfeld LLP in a bid to boost its commercial disputes practice.

  • April 11, 2024

    DC Circ. Mulls Jurisdiction In Fight Over Jewish Texts

    The D.C. Circuit is set to decide whether a D.C. federal court can consider a Jewish group's allegations that Russia is illegally holding onto its long-lost sacred religious texts, after hearing arguments early Thursday in the appeal of a case that's been kicking around the lower court's docket for two decades.

  • April 11, 2024

    Investors Again Seek Asset Freeze To Enforce $60M Awards

    Two Chinese investment firms have again urged a California federal court to impose a worldwide freeze against a renewable energy company's assets as they seek to enforce about $60 million in arbitral awards, saying the company is in increasing financial distress.

  • April 11, 2024

    Ex-Ellenoff Grossman Atty Faces Possible Firing Suit Remand

    A former Ellenoff Grossman & Schole LLP associate's suit saying she was fired for protesting sexual harassment should return to state court, a New York federal judge recommended, saying the federal court can't enforce arbitration pacts invalidated by a 2022 amendment to the Federal Arbitration Act.

  • April 11, 2024

    ECHR Climate Ruling Provides Blueprint For Future Litigation

    A ruling from Europe's top human rights court that countries have obligations to protect their citizens from climate change could serve as a blueprint for other litigation brought by activists seeking to force action from governments and corporations over a warming planet.

  • April 10, 2024

    Full 9th Circ. Asked To Rethink Tanker Seizure Ruling

    Several operators of liquid petroleum gas carrier vessels have petitioned the full Ninth Circuit to rethink a circuit panel ruling that a nearly 800-foot crude oil tanker cannot be seized to enforce approximately $10 million in arbitral awards against a defunct gas shipping company.

  • April 10, 2024

    La. Top Court Asked To Hear Insurance Arbitration Questions

    The Louisiana Supreme Court should examine the enforceability of arbitration clauses in certain insurance contracts as lawsuits seeking coverage for hurricane damage mount, a Louisiana district court said, certifying a series of questions to the state high court after the Fifth Circuit found they were enforceable.

  • April 10, 2024

    Spain To Face Claim Over Nixed Uranium Processing Plant

    Clean energy company Berkeley Energia Ltd. on Wednesday said it has retained Herbert Smith Freehills and the Spanish firm LCS Abogados to file an investor-state claim on its behalf against Spain after the country shut down its bid to construct a uranium processing plant in 2021.

  • April 10, 2024

    An Arbitrator Talks What AI Can't Do — And What It Can

    With artificial intelligence on everyone's mind these days, Law360 sat down with Mariel Dimsey, Hong Kong managing partner at CMS Hasche Sigle Hong Kong LLP, to discuss a recent exercise in which she presided over a tribunal in a moot arbitration with ChatGPT acting as her co-arbitrators. Among the lessons learned, she said, is that human arbitrators are still superior to chatbots in many respects.

  • April 10, 2024

    Spain Can't Nix €28 Million Renewables Award

    Spain lost its bid to annul a €28 million ($30 million) arbitral award issued to German energy giant RWE after an international committee rejected Madrid's argument that the tribunal exceeded its powers by opting not to apply European Union law, according to a now-public decision.

  • April 09, 2024

    Investor Can't Get Approval Of Hong Kong Award In Calif.

    A California judge has thrown out a petition filed by a biotechnology company investor seeking to enforce a Hong Kong arbitral award that found she is the proper owner of the company's shares, saying the case has an insufficient connection to the Golden State.

  • 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.

Expert Analysis

  • 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.

  • 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.

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