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International Arbitration
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November 26, 2024
Bulgarian Co. Says Fight Over $7M Can't Go To Arbitration
A Bulgarian contractor has asked an Illinois federal court not to pause a local bank's litigation seeking to determine the proper owner of $7 million it's holding in escrow related to a dispute over a natural gas construction project, saying a parallel arbitration proceeding is irrelevant.
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November 26, 2024
2nd Circ. Nixes VR Capital Venezuela Fraud Suit
EDITING/Q --- The Second Circuit has refused to revive 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 Tuesday that the asset manager hadn't adequately pled its case.
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November 26, 2024
New Orleans Property Owner Revives Bid To Nix Arbitration
A New Orleans property owner has again urged a Louisiana federal judge to overturn his order forcing it to arbitrate a $7 million Hurricane Ida damage claim with 11 insurers for a block of luxury apartments and retail shops, pointing to a recent ruling by the state's top court.
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November 25, 2024
Uber Negligence Case Can Be Arbitrated, NY High Court Says
New York's highest court affirmed on Monday that a woman who was struck by a car upon exiting an Uber in Brooklyn must pursue her negligence claims in arbitration, after a divided panel upheld the rideshare company's "clickwrap" arbitration agreement.
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November 25, 2024
Greenberg Traurig Grows In Middle East With 2 From Clyde
Greenberg Traurig LLP said Monday that it is expanding its coverage in the Middle East with the addition of an international arbitration and litigation lawyer as well as a corporate lawyer with expertise in mergers and acquisitions, who were both hired away from Clyde & Co. LLP.
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November 25, 2024
Bugsby Denied Arbitration In Olympia Case Funding Battle
A real estate sponsor failed in its bid to arbitrate a dispute stemming from its attempt to buy London's Olympia Exhibition Center, when a London judge ruled Monday that its argument "falls far short."
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November 25, 2024
Justices Turn Away $10M Tanker Seizure Suit
The U.S. Supreme Court said Monday it will not review a petition asking it to resolve if courts are bound by "hard-and-fast" rules limiting their inquiry into whether a property can be seized to enforce a maritime debt, an issue the petitioner argued affected "fundamental principles of admiralty law."
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November 25, 2024
Justices Nix Petition Over $17M Bolívar Artifacts
The U.S. Supreme Court has turned away a Florida man's petition looking to revive his efforts to enforce a $17 million judgment against Venezuela, after he says the country lured him into turning over a collection of materials once belonging to South American Gen. Simón Bolívar.
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November 25, 2024
Justices Turn Away Suit Over Data Extraction Award
The U.S. Supreme Court declined on Monday to take up a petition asking it to resolve whether a court or an arbitrator should decide the preclusive effect of a prior judgment, in a case stemming from a soured data extraction services contract involving a mortgage industry data analytics firm.
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November 22, 2024
Disputes Firm Gaillard Banifatemi Heads To Cairo, Abu Dhabi
International arbitration firm Gaillard Banifatemi Shelbaya Disputes has opened offices in Cairo and Abu Dhabi, saying the firm will deepen its roots in the Middle East and North Africa following its 2021 founding by eight former Shearman & Sterling LLP arbitration partners.
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November 22, 2024
Jordanian Investor Promises Major Arbitration Against Egypt
A Jordanian investor in a partially Egyptian state-owned petroleum storage and ship refueling company said Friday he plans to make good on a notice of dispute he served on Egypt earlier this year, asserting he soon will seek several hundred millions of dollars in an international arbitration claim.
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November 22, 2024
Bulgaria Looks To Nix $61M Renewable Energy Award Suit
Bulgaria is urging a D.C. federal court to nix litigation filed by Maltese investor ACF Renewable Energy Ltd. to enforce a €61 million ($63.54 million) arbitral award it won following a dispute over a nixed tariff program, arguing that it never agreed to arbitrate with ACF.
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November 22, 2024
Malaysia Looks To Shore Up Counterattack Over $14.9B Award
Units of Malaysia's national energy company have kicked off new litigation in Delaware and New York, seeking additional information as they look to fight back against a massive $14.9 billion arbitral award issued in a territorial dispute stemming from a 19th-century land deal.
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November 21, 2024
Special Master Ordered To Turn Over Citgo Pact To Venezuela
A Delaware federal judge has ordered his court-appointed special master to give Venezuela an unredacted version of a stock purchase agreement in the upcoming auction of oil giant Citgo's parent company, ruling the document must be made available to the public as well as the republic.
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November 21, 2024
US Strikes At Last Of Russia's Major Non-Sanctioned Banks
The United States has now sanctioned all of Russia's major banks after freezing the assets of Gazprombank and its six foreign subsidiaries on Thursday for channeling military equipment purchases for Russia's ongoing war on Ukraine.
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November 21, 2024
Chinese Co. Says It Didn't Agree To Class Arb. In $100M Claim
An e-commerce company known as the Amazon of China is urging a New York federal court to nix an arbitral award allowing class arbitration of claims that the company grossly shortchanged minority shareholders when it went private in 2016, saying it never agreed to such a proceeding.
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November 21, 2024
Hogan Lovells Hires Disputes Pro From Dentons In Germany
Hogan Lovells has recruited a specialist in commercial and construction disputes from Dentons in Germany as it looks to expand its coverage of contentious matters, including in the area of environmental, social and governance.
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November 20, 2024
Musk, Ramaswamy Say High Court Rulings OK Federal Cuts
Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.
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November 20, 2024
Azerbaijan Files Energy Charter Treaty Claim Against Armenia
The government of Azerbaijan said it has filed new legal papers in its arbitration against the Republic of Armenia under the Energy Charter Treaty, claiming it seeks financial damages for Armenia's unlawful exploitation of Azerbaijan's renewable energy projects and sites.
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November 20, 2024
Canadian Court Revives Award In $7M Coffee Franchise Fight
An appeals court in Ontario has revived a CA$10 million ($7.1 million) arbitral award issued in a franchising dispute stemming from the expansion of an Israeli coffee bar chain into Canada, rejecting a lower court's conclusion that the arbitrator had breached his duty of disclosure.
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November 20, 2024
Cross-Border Sales Were Unlawful Monopoly, Feds Say
Prosecutors have urged a Texas federal judge to deny a dismissal bid from two people accused of using violence to monopolize cross-border sales of used cars, saying the individuals were not operating the lawful clerical service they claimed to be running.
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November 20, 2024
La. City Must Arbitrate Hurricane Ida Claims, Insurers Say
A group of foreign and domestic insurers pushed back against a New Orleans suburb's bid to vacate an order granting arbitration in a coverage dispute over Hurricane Ida damage, telling a Louisiana federal court that the city waived any arguments opposing arbitration.
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November 19, 2024
Finnish Sports Co. Fights NHL Agent's Bid To Ax $1.2M Suit
A Finnish sports talent corporation has slammed an NHL agent's bid in Massachusetts federal court to toss its lawsuit over $1.2 million in arbitration awards, saying he has systemically used shell companies to dodge collection of the judgments against him.
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November 19, 2024
Argentina Must Face $54M Sewage Award Suit, Judge Says
Argentina must face Webuild's lawsuit to enforce a more than $54 million arbitral award it won more than a decade ago in a dispute over a water and sewage service concession, after a Washington, D.C., federal judge rejected the country's argument that the Italian construction giant had missed a crucial deadline.
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November 19, 2024
Oil Refiner Not Obligated To Arbitrate Oil Sands Project Claims
A Canadian appeals court has determined that an Alberta oil refiner is not obligated to arbitrate its claims against subcontractors in a dispute that arose from allegedly defective steam generator modules intended for a steam-assisted gravity drainage oil sands project northeast of Fort McMurray, Alberta.
Expert Analysis
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Key Points From New Maritime Oil Price Cap Advisory
The Price Cap Coalition's updated advisory regarding the maritime oil industry's compliance with the Russian oil price cap highlights the role of governmental authorities, additional areas warranting due diligence and the need for training programs, say attorneys at Miller & Chevalier.
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Takeaways From Final Regulations For China Investment Ban
The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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When Investigating An Adversary, Be Wary Of Forged Records
Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Decoding Arbitral Disputes: State Immunity And ICSID Awards
In a landmark decision in cases involving Spain and Zimbabwe, the English Court of Appeal grappled with the intersection of state immunity and the enforcement of arbitration awards, setting a precedent for future disputes involving sovereign entities in the U.K, says Josep Galvez at 4-5 Gray's Inn.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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2nd Circ. Halkbank Ruling Shifts Foreign Immunity Landscape
Following the Second Circuit’s recent common law immunity ruling in U.S. v. Halkbank, foreign state-owned banks, wealth funds and other entities now must seriously consider the risk of criminal liability for commercial activity that violates U.S. laws, say attorneys at Debevoise.
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The Int'l Arbitration Diversity Landscape By The Numbers
Attorneys at Crowell & Moring explore the current statistical demographic data of the international arbitral community, highlight recent diversity initiatives and present strategies for fostering diversity in arbitration.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.