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International Arbitration
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July 25, 2024
US Calls For Labor Scrutiny At Mexican Components Plant
The Office of the U.S. Trade Representative announced a new request Thursday calling on Mexican authorities to investigate claims that workers at a components manufacturing plant were fired for protected activities and blocked from joining outside unions.
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July 25, 2024
Reed Smith's Rebeca Mosquera Takes Reins At ArbitralWomen
Reed Smith LLP attorney Rebeca Mosquera was elected earlier this month as the new president of ArbitralWomen, a position she told Law360 is "not only a great honor, but a huge responsibility."
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July 25, 2024
DP World Wins OK Of $194M Award Against Djibouti
A D.C. federal judge entered a $194.3 million judgment against the Republic of Djibouti, enforcing an arbitration award secured by a Dubai-based port terminal operator in a long-running legal battle over an international container terminal in the East African country.
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July 25, 2024
Mass. Court Revives Malpractice Suit Over Late Arbitration
Massachusetts' intermediate-level appellate court on Thursday revived a legal malpractice suit against a pair of attorneys who allegedly waited too long to file an arbitration on their client's behalf, finding that a lower court was wrong to grant the lawyers a pretrial win.
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July 24, 2024
Former Dentons Litigator Returns To Practice Indigenous Law
A former litigator at global law firm Dentons has returned to practice in its Montreal office following five years working as an in-house counsel at electrical utility Hydro-Quebec, saying he will focus on energy, natural resources, mining and Indigenous law matters.
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July 24, 2024
Real Estate Buyer Says Developer Can't Arbitrate His Claims
A Miami-based venture capitalist has told a New York federal judge that real estate firm Desarrolladora La Ribera can't simultaneously invoke and reject arbitration clauses in a defamation suit against him and another homebuyer in a luxury Four Seasons-branded development in Los Cabos, Mexico.
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July 24, 2024
Int'l Firm Garrigues Merges With Full-Service Mexican Firm
International legal and tax services firm Garrigues will create one of the largest law firms in Mexico by integrating a full-service Mexican firm into the group by the end of 2024, both firms announced.
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July 24, 2024
Navajo Coal Co. Appeals FINRA Arbitration Order In $11M Fight
A Navajo coal-mining company has wasted no time in appealing a Pennsylvania federal judge's order refusing to grant the tribe-owned business's bid to halt arbitration proceedings against a private equity firm in an $11 million dispute over their financing agreement.
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July 24, 2024
Cuban Bank Denies Transferring €72M Debt To Offshore Fund
Cuba's former central bank told an English appeals court Wednesday that an offshore fund cannot sue it over €72 million ($78.2 million) of unpaid sovereign debt, because it did not consent to the assignment of the debt to the fund.
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July 23, 2024
Hogan Lovells Wants Afghanistan Atty Fee Award Enforced
Hogan Lovells US LLP has asked a New York federal court to enforce a more than $1.2 million award it secured against Afghanistan in arbitration over fees it says it's owed for the firm's work representing the country in various legal matters, including litigation over the 9/11 terrorist attacks.
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July 23, 2024
Optum Can Arbitrate Calif. Healthcare Provider's Antitrust Suit
A California federal judge Tuesday ordered certain Emanate Health entities who signed hospital services and physician agreements with Optum to arbitrate their antitrust suit accusing it of monopolizing a primary care physician market, finding the agreements encompass rules that say issues of arbitrability will be referred to an arbitrator.
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July 23, 2024
Senate Dems Roll Out Bill To Codify Chevron Deference
Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.
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July 23, 2024
Disney Cruise Can't Pause Suit As It Awaits Arbitration Ruling
A Florida federal judge won't let Disney Cruise Line postpone filing a required case management report until after the court rules on the company's pending motion to compel arbitration in a case over an ex-employee who was fired for testing positive for marijuana use.
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July 22, 2024
House Dems Urge Tai To End Investor-State Dispute Deals
House Democrats are urging the U.S. Trade Representative to nix a mechanism allowing foreign investors to challenge government policies outside Western Hemisphere countries' judicial systems, saying corporations have used it as "ransom" to gain more industry-friendly results.
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July 22, 2024
Dispute Paused For Arbitration In $51M NOLA Airport Case
A Louisiana federal judge has stayed litigation initiated by a group of insurance companies in a $51 million dispute stemming from alleged design defects in a $1 billion terminal project at the Louis Armstrong New Orleans International Airport, saying claims against the insured companies will be decided in arbitration.
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July 22, 2024
Royalty Co. Wins Bid To Confirm Award Against Utopia Music
A New York federal judge has granted a petition by the former owners of artist royalties company Lyric Financial LLC to confirm an arbitral award against Lyric's buyers, Utopia Music Holdings (US) Inc. and its Swiss parent, Utopia Music AG.
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July 19, 2024
2nd Circ. Rejects Webuild Discovery Bid In Panama Arbitration
The Second Circuit on Friday affirmed a Manhattan federal judge's order that quashed a subpoena from Italian builder Webuild SPA to engineering firm WSP USA for use in an arbitration related to an expansion of the Panama Canal.
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July 19, 2024
Zimbabwe Can't Dodge $50M Mining Award, DC Circ. Told
Zimbabwe can't leverage sovereign immunity to get out of paying a $50 million arbitration award over a soured joint mining venture, two Mauritian mining companies told the D.C. Circuit, saying that a trial court judge was right to permit their enforcement suit to move forward.
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July 18, 2024
Ukraine Businessman Looks To Arbitrate $1B Gramercy Suit
A Ukrainian businessman is urging a Wyoming federal court to force Gramercy Funds Management to arbitrate in London its racketeering lawsuit accusing him of fraudulently transferring more than a billion dollars from his agricultural business, a debtor of the Connecticut-based hedge fund.
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July 18, 2024
Oil Co. Can't Get Contract Breach Claim Revived
A Colorado federal judge on Thursday declined to revive an oil and gas company's lawsuit accusing the American Arbitration Association of improperly terminating a claim the company filed against its investors for nonpayment of arbitration costs, ruling it agreed to the AAA's "rather capacious" rules.
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July 18, 2024
Ukraine Co. Says $208M Russia Award Should Be OK'd
A Ukrainian electric utility has again asked a D.C. federal court to enforce a nearly $208 million arbitral award it won after the Kremlin seized its Crimean assets, saying that an international tribunal seated in The Hague already rejected Moscow's jurisdictional arguments.
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July 18, 2024
Au Pair Co. Can't Arbitrate Wage Claims, 1st Circ. Told
A group of former au pairs who say they were underpaid for their work has urged the First Circuit to affirm that Cultural Care can't force them into arbitration in Switzerland, calling the agency's position a delay tactic with no merit.
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July 17, 2024
Clorox Spain Seeks OK Of $109M Award Against Venezuela
Clorox Spain SL wants a D.C. federal judge to enforce a $109 million arbitration award it secured against Venezuela after a tribunal found that the country "progressively expropriated" the company's investment.
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July 17, 2024
Kazakhstan Agrees To End Fight Over $506M Award
A decade-long fight between Kazakhstan and Moldovan oil and gas investors who won a half-billion-dollar arbitral award against the country has come to a close, with the parties inking a binding framework to resolve their dispute.
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July 17, 2024
Amlin Ducks Liability Over $47M Award On 'Pay First' Clause
A London court has ruled that MS Amlin Marine NV does not have to pay out to a company it insured, as that business has not yet paid a $47 million arbitration award it owes in damages over a vessel that grounded in the Solomon Islands.
Expert Analysis
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Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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Decoding UK Case Law On Anti-Suit Injunctions
The English High Court's forthcoming decision on an anti-suit injunction filed in Augusta Energy v. Top Oil last month will provide useful guidance on application grounds for practitioners, but, pending that ruling, other recent decisions offer key considerations when making or resisting claims when there is an exclusive jurisdiction clause in the contract, says Abigail Healey at Quillon Law.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Exploring The Foreign Discovery Trend In Delaware
Despite a U.S. Supreme Court decision limiting the use of Section 1782, recent trends from a Delaware federal court suggest that Delaware remains an appealing forum for such foreign discovery requests, says Florentina Field at Abrams & Bayliss.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer
An English court's recent decision in Border Timbers v. Zimbabwe, finding that state immunity was irrelevant to registering an arbitration award, emphasizes the U.K.'s reputation as a creditor-friendly destination for award enforcement, say Jon Felce and Tulsi Bhatia at Cooke Young.
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Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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3 Strategies For Aggressive Judgment Enforcement
As illustrated by the many creditors of Citgo Petroleum Corp. who may walk away empty-handed — despite the company's court-ordered sale — it is important to start investigating counterparty assets and planning for enforcement even before obtaining a judgment, says Brian Asher at Asher Research.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.