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International Arbitration
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June 04, 2024
Russian Bank Threatens Ukraine With Expropriation Claim
A Russian bank that operates mainly on the Crimean Peninsula on Monday began the process of filing an arbitration claim against Ukraine, accusing the smaller country of sending it into financial ruin by allegedly nationalizing its assets.
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June 04, 2024
S. Korea Claims Victory In Chinese Investor's $1.47B Dispute
South Korea's Ministry of Justice has announced that an international tribunal threw out all claims asserted by a Chinese real estate investor in a treaty case over a South Korean bank's forced sale of his shares in a local real estate company he founded.
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June 04, 2024
Mexican Co. Asks Justices To Resolve Foreign Service Q's
A Mexican film distributor is asking the U.S. Supreme Court to resolve a technical question relating to service of process on foreign parties, as it fights a Ninth Circuit decision enforcing an arbitral award favoring a Los Angeles-based film production company over a 2020 movie that starred Jessica Chastain.
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June 03, 2024
Burford Tries To Send Dispute With German Co. To Arbitration
Burford Capital is urging a Delaware court to force a German entity to arbitrate their dispute stemming from a funding agreement for litigation against truck manufacturers that were targeted by European regulators for fixing their prices for more than a decade in the early 2000s.
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June 03, 2024
Some Racketeering Claims In $92M Award Suit Can Proceed
A Monaco bank and a Luxembourg lawyer and trust administrator must face racketeering claims accusing them of helping to hide the fortune of a Russian businessman who's on the hook for a $92 million arbitral award, a California federal judge ruled on Friday.
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June 03, 2024
Burford-Sysco Plaintiff Swap Stays Nixed In Price-Fixing Case
A Minnesota federal judge refused Monday to let a unit of legal investment firm Burford Capital substitute for Sysco Corp. as plaintiff in sprawling price-fixing lawsuits against pork and beef producers, agreeing with a magistrate judge's conclusions that allowing a litigation funder to dictate antitrust settlements "could have a detrimental impact."
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May 31, 2024
Nord Stream 2 Says EU Pipeline Regs Violate Int'l Law
The Russian majority-owned company behind the development of a politically sensitive natural gas pipeline from Russia to Germany has resumed its efforts to convince an international tribunal that the European Union's "sole objective" in amending regulations for the natural gas market was to complicate the pipeline project.
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May 31, 2024
US, Mexico Reach Truce On Steel Factory Labor Violations
A steel manufacturer in Mexico has agreed to pay a monetary settlement to workers it dismissed in retaliation for their union organizing activity after the United States asked the Mexican government to review the matter, the Office of the U.S. Trade Representative said.
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May 31, 2024
Russia Says Arbitrators Don't Get Final Word In $50B Suit
Russia has asked the D.C. Circuit to revive its sovereign immunity claim in litigation seeking to enforce $50 billion in arbitral awards against it, arguing it never said arbitrators could have the final word on whether it agreed to arbitrate with former Yukos Oil Co. shareholders.
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May 31, 2024
Venezuela Can't DQ Special Master As Citgo Auction Looms
Venezuela has again fallen short in its efforts to disqualify the special master overseeing the auction of Citgo's parent company to satisfy billions of dollars worth of the country's debt, after a Delaware judge ruled on Friday afternoon that its motivations behind the motion are "suspect."
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May 31, 2024
A Potential Tipping Point For Transgender Athlete Litigation
After heated policy debates in statehouses and academic institutions, the discourse over participation of transgender athletes in college and amateur sports has spilled into the nation's courts, with a flurry of recent suits and rulings suggesting the judiciary will have its hands full for years to come.
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May 30, 2024
Ex-Citgo Execs Jailed In Venezuela For 5 Years File $400M Suit
Two brothers who both served as Citgo vice presidents filed a $400 million suit in Texas on Thursday accusing their former employer of conspiring with Venezuela's authoritarian government to falsely convict them of financial crimes, resulting in their wrongful imprisonment of nearly five years.
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May 30, 2024
Curaçao Expropriation Suit Tossed Over Sovereign Immunity
A D.C. federal judge on Thursday tossed an Iranian American women's rights activist's $110 million suit accusing Curaçao's banking regulator of unlawfully seizing her stake in a $700 million investment company, saying the regulator has sovereign immunity and that, in any case, no expropriation had taken place.
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May 30, 2024
Swedish Appeals Court Sets Aside €10.6M Italy Award
An appeals court in Sweden has this week set aside a €10.6 million ($11.48 million) arbitral award issued to a Dutch renewable energy firm after Italy dialed back economic incentives for the renewable energy industry, saying the award violates European Union law.
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May 30, 2024
Venezuelan Oil Co. Looks To Slip Asset Seizure Suit
An Oklahoma-based oil drilling company insisted Thursday that the D.C. federal court has jurisdiction to decide claims that the company's Venezuelan subsidiary was illegally expropriated without compensation as Venezuela's state-owned oil company looks to slip the long-running suit.
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May 30, 2024
'South Park'-Quoting Judge Says CEO Can't 'Blame Canada'
In a ruling drawing on the show about four foul-mouthed boys from Colorado, a Pennsylvania federal judge said a CEO who sued his former company could not blame Canada for an unfavorable arbitration ruling in a case where he claimed he was wrongly fired from his post.
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May 30, 2024
Russia Looks To Pause Ukrainian Bank's $1.1B Award Suit
Russia has asked a D.C. federal court to pause a case initiated by one of Ukraine's largest banks to enforce a $1.1 billion arbitral award against the Kremlin, saying it has renewed its efforts to annul the award before the French courts.
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May 30, 2024
King & Spalding Adds Litigation Co-Lead From V&E
King & Spalding LLP has hired Vinson & Elkins LLP's former commercial litigation group co-lead to join the firm in New York as a partner, the firm announced Thursday.
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May 29, 2024
Malaysia Plans Suits Over $14.9B Award To Sulu Claimants
Units of Malaysia's national natural gas company are planning to file litigation in Europe against claimants awarded $14.9 billion and their litigation funder following a high-stakes arbitration with the Southeast Asian country over a 19th-century land deal, according to newly filed documents in New York.
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May 29, 2024
Russian Subway Franchisee Can't Tank Arbitral Awards
A Manhattan federal judge said he won't let a Russian Subway franchise owner win its contract dispute with the sandwich giant, instead granting the fast-food chain's petition to confirm two arbitral awards while denying the franchisee's bid to vacate them.
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May 29, 2024
White & Case Hires DOJ Russian Sanctions Prosecutor
White & Case LLP has hired a veteran U.S. Department of Justice attorney who helped oversee an interagency task force that prosecuted violations of economic sanctions and restrictions placed on Russia following its invasion of Ukraine, the firm said Wednesday.
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May 29, 2024
Anheuser-Busch, Tilray Fight Beer Sale Injunction Bid
Anheuser-Busch InBev and Tilray Brands Inc. want a New York federal court to deny an injunction to a distributor alleging they are interfering with its contract to exclusively export craft beers, saying the contract is unenforceable and the potential harm is only speculative.
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May 28, 2024
Iraq Says $120M Pier Award Enforcement Suit Must Be Nixed
Iraq is fighting a D.C. federal court's default judgment enforcing a nearly $120 million arbitral award issued to a Cypriot engineering firm following a dispute over a massive €204 million ($221.6 million) project relating to a port facility that, once completed, will be among the world's largest.
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May 28, 2024
Chevron Confident As Hess Shareholders Approve $53B Deal
Hess Corp. said Tuesday it has received the necessary stockholder approvals to close its $53 billion sale to Chevron Corp., as Chevron separately expressed confidence that it will prevail in an ongoing dispute with Exxon Mobil Corp. and wrap up the regulatory process soon.
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May 28, 2024
Insurers, Charter School Assoc. Dismiss Ida Damage Row
A New Orleans-area charter school system and its insurers have agreed to dismiss their dispute over coverage for the system's Hurricane Ida damage claims, the parties told a Louisiana federal court Tuesday, saying "all claims and causes of action brought forth in the above captioned matter have been compromised."
Expert Analysis
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RSA Insurance Ruling Clarifies Definition Of 'Insured Loss'
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.
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Best Practices For Cos. Navigating US-China Investigations
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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Tips For Litigating Against Pro Se Parties In Complex Disputes
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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3 Cases Show Tensions Between Arbitration And Insolvency
The intersection of international arbitration and insolvency may influence the formulation of litigation strategy on a global scale, and several recent cases illustrate the need for counsel to understand how courts are varying in their approaches, say attorneys at Skadden.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Lessons On Arbitration Carveouts From Diddy-Diageo Suit
After Sean "Diddy" Combs brought a racial discrimination suit in New York state court against Diageo, the company has been unable to compel arbitration under its distribution agreement with Combs, underscoring the importance of narrowly tailoring arbitration carveouts for injunctive relief, says Rosanne Felicello at Felicello Law.
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What Panama Canal Award Ruling Means For Int'l Arbitration
As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Taking A Walk Down Mandamus Lane After 2nd Circ. Ruling
The Second Circuit’s recent decision to deny a writ of mandamus, filed by a law firm after a lower court barred it from representing a Salvadoran oil company, adds to the nuanced and sometimes conflicting mandamus case law that requires careful research before litigants seek appellate review, says Michael Soyfer at Quinn Emanuel.
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Considerations And Calculations For DOJ Clawback Program
The U.S. Department of Justice’s clawback pilot program announced earlier this year presents numerous questions for businesses, and both hypothetical and recent real-world examples capture how companies’ cost-benefit analyses about whether to claw back compensation in exchange for penalty reductions may differ, say Yogesh Bahl and Jonathan Hecht at Resolution Economics.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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A Case For The Green Investment Regime Under The ECT
The EU and U.K.'s potential plans to exit the Energy Charter Treaty, which has been criticized as protecting fossil fuel investments to the detriment of energy transition, ignore the significant strides taken to modernize the treaty and its ability to promote investment in cleaner energy forms, say Amy Frey and Simon Maynard at King & Spalding.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.