International Arbitration

  • July 03, 2024

    Baker McKenzie's Nick Kennedy On Enforcing Arbitral Awards

    Baker McKenzie partner Nicholas O. Kennedy recently obtained a settlement in a hard-fought case to enforce a $92 million arbitral award in a Russian real estate dispute. Law360 recently sat down with Kennedy to discuss the case that gave him the opportunity to make his first-ever arguments before the U.S. Supreme Court, eventually convincing the justices to allow using U.S. racketeering law to enforce foreign arbitral awards.

  • July 03, 2024

    Ukraine Bank Slams Stay Request In $1.1B Suit Against Russia

    A Ukrainian bank is challenging the Russian Federation's bid to stay litigation to enforce a $1.1 billion arbitral award against the Kremlin pending efforts to annul the award in France, saying Russia's argument involves a string of contingencies that a D.C. federal judge should not entertain.

  • July 03, 2024

    Markel Drops Suit Over Law Firm's Malpractice Coverage

    A Markel unit told a New York federal court it is dropping its suit against Harris Sliwoski LLP over coverage for malpractice claims lodged against the Seattle-based firm by Haiti after a $31 million judgment entered against the Caribbean country.

  • July 03, 2024

    2nd Circ. Overturns Enforcement Of $2B In Venezuelan Bonds

    The Second Circuit on Wednesday overturned the enforcement of nearly $2 billion in defaulted bonds issued by Venezuela's state-owned oil company, following a ruling from New York's highest court that Venezuelan law, not New York law, governs the validity of the bonds.

  • July 02, 2024

    Stock Photo Co. Says $250M Privacy Suit Must Be Arbitrated

    Canadian stock photography and video provider iStockPhoto LP has urged a California federal court to send to arbitration a $250 million proposed class action accusing it of violating privacy laws by revealing subscribers' video viewing and downloading behavior on Facebook.

  • July 02, 2024

    Even If There's A Better Reading, Follow Arbitrator, 9th Circ. Says

    The Ninth Circuit has affirmed an arbitration award requiring two venture capital funds to dissolve in a suit alleging the funds' general partners breached their fiduciary duty, saying "even if there is a better interpretation, the arbitrator's interpretation controls, 'however good, bad, or ugly.'"

  • July 02, 2024

    Samsung Doesn't Owe $4M In Arbitration Fees, 7th Circ. Says

    The Seventh Circuit has ruled that Samsung need not pay $4 million in individual arbitration fees for 35,000 consumers claiming the electronics giant illegally collected their biometric data, saying Monday that under their purchase agreement terms the consumers could have advanced the fees if they wanted their claims arbitrated.

  • July 02, 2024

    Gov. Says Ky. Tower's Sale Didn't Cancel Ties To Laundering

    Prosecutors and a pair of Miami businessmen have traded briefs over preserving the government's case in Florida federal court to seize $9.1 million from the sale of a Louisville, Kentucky, tower over alleged ties to a Ukrainian money laundering operation.

  • July 02, 2024

    Quinn Emanuel Expands Asia Offerings With Singapore Office

    Quinn Emanuel Urquhart & Sullivan LLP has expanded its international offerings by opening a new office location in Singapore, the firm said Tuesday.

  • July 02, 2024

    Dentons Adds Ex-Seyfarth Int'l Disputes Co-Chair In DC

    Dentons has hired the former co-chair of Seyfarth Shaw LLP's international disputes resolution group, who joins the firm's Washington, D.C., office to help clients on engineering, construction and development project matters, the firm announced Tuesday.

  • July 01, 2024

    Guatemala Says $31M Award Can't Be Enforced In U.S.

    Guatemala told a D.C. federal court on Friday that litigation filed by a construction and engineering firm to enforce $31 million in arbitral awards against it must be tossed, saying the underlying arbitration and dispute are entirely Guatemalan in nature.

  • July 01, 2024

    No Resolution In Sight For Trade Pact Auto Rules Dispute

    The U.S. automotive industry is weighed down by a trade dispute over treaty requirements to source locally manufactured parts and uncertainty regarding how the rules will apply to electric vehicles, the Office of the U.S. Trade Representative said in a report Monday.

  • July 01, 2024

    German Co. Says Burford Fight Can Be Litigated

    A company suing the German arm of law firm Hausfeld LLP for allegedly trying to circumvent a German ban on contingency fees in certain antitrust litigation is arguing that its discovery request to litigation funder Burford Capital for use in the Hausfeld litigation doesn't belong in arbitration in London.

  • June 28, 2024

    Chevron's End Is Just The Start For Energized Agency Foes

    By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.

  • June 28, 2024

    In Chevron Case, Justices Trade One Unknown For Another

    The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.

  • June 28, 2024

    Knicks-Raptors Clash Belongs In Arbitration, Judge Rules

    The dispute between the New York Knicks and Toronto Raptors over an employee jumping from one franchise to another belongs in arbitration before the NBA commissioner, a Manhattan federal judge ruled on Friday, calling the Knicks' efforts to keep it in court instead "an airball.''

  • June 28, 2024

    Colombia Fends Off Real Estate Project Seizure Claim

    Colombia has claimed an "unprecedented" victory in an arbitration initiated by a group of U.S. investors seeking hundreds of millions of dollars after their real estate development project was seized over allegations that the project had connections with illegal activity.

  • June 28, 2024

    Shearman Veteran To Step Down After 47 Years

    Allen Overy Shearman Sterling of counsel Henry Weisburg, an international arbitration specialist and veteran of Shearman & Sterling LLP for nearly five decades, will be stepping back from the firm on Monday in a move that he says will enable him to accept appointments as an arbitrator with fewer conflicts.

  • June 28, 2024

    Bank Shareholders Win $800K In Venezuelan Takeover Suit

    Shareholders in a small Miami bank won an $800,000 award Thursday after a federal jury found two of the five board members accused of working for the Venezuelan government liable for the bank's financial difficulties.

  • June 27, 2024

    DOJ Defends Transport Monopoly Charges In Antitrust Case

    Federal prosecutors have opposed an accused conspirator's bid to dismiss charges against him in an antitrust case claiming he's one of a dozen individuals who monopolized cross-border sales of used vehicles and other goods from the U.S. to Central America through violence.

  • June 27, 2024

    Texas Co. Says Mexican Utility's Award Should Stay Private

    An Austin-based infrastructure company has urged a Texas federal court to toss litigation filed by Mexico's state-owned electric company as the power utility looks to publicize an arbitration award between them over a natural gas supply contract, saying the award should remain under wraps.

  • June 27, 2024

    4th Circ. Dismisses Chinese Currency Issues In $3.6M Award

    The Fourth Circuit on Thursday shut down an argument that enforcing a $3.6 million Hong Kong arbitral award would violate U.S. public policy by allowing the winning party to skirt Chinese currency controls, in a dispute stemming from the organization of a real estate development firm.

  • June 26, 2024

    Construction Co. Targets Insurer Over $12.3M Arbitral Award

    A unit of Spanish infrastructure giant Ferrovial SA is urging a federal court to order Hudson Specialty Insurance Co. to pay a $12.3 million arbitral award that relates to a $1.35 billion project to construct sections of a central Texas highway that boast the nation's highest speed limit.

  • June 26, 2024

    Subway Franchisor Must Keep Paying Co. During Arbitration

    A New York federal judge has granted a development company's petition to confirm an arbitrator's order requiring the Subway sandwich chain's Canadian franchisor to continue making payments on their pact while they arbitrate a contractual dispute.

  • June 26, 2024

    Consultancy Broadstone Warns Insurers Of Geopolitical Risks

    Insurers could risk a reduction in business, higher claims frequency, and investment and operational losses due to the world's major geopolitical upheavals, a consultancy warned Wednesday.

Expert Analysis

  • 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.

  • 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.

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