International Arbitration

  • February 27, 2024

    5th Circ. Holds To Its Undoing Of $200M Ship Explosion Award

    A German shipping company has failed to persuade the Fifth Circuit to reconsider undoing a federal district court's decision to enforce a $200 million arbitral award the company secured in London after a 2012 explosion killed three crew members and caused extensive damage on one of its vessels.

  • February 27, 2024

    Vape Supplier Asks 9th Circ. To Toss $892K Award

    A vape company that supplies products for use with cannabis is asking the Ninth Circuit to overturn a district court decision affirming an $892,000 arbitration award against it in a distributor's contract dispute, saying the district court ignored evidence of fraud.

  • February 26, 2024

    Russia Says $5B Naftogaz Award Can't Be Enforced

    Russia urged a D.C. federal court to toss litigation filed by Ukraine's state-owned oil and gas company to enforce a $5 billion arbitral award the company won after its Crimean assets were seized, arguing the court lacks jurisdiction since the underlying investments are in Ukraine.

  • February 26, 2024

    KBR Urges 4th Circ. To OK $8M Award Against Kuwaiti Co.

    A global engineering corporation has asked the Fourth Circuit not to overturn a lower court decision enforcing an approximately $8 million arbitral award against a Kuwaiti construction company after a dispute over Iraqi wartime contracts, saying nothing warrants upending the award.

  • February 26, 2024

    Olympic Skaters Appeal After Russia Stripped Of Gold

    Four appeals have been launched before the Court of Arbitration for Sport after a finding last month that Russian Olympic figure skater Kamila Valieva's violation of Russian anti-doping rules resulted in the U.S. scoring a retroactive team figure skating gold medal for the 2022 Olympics.

  • February 24, 2024

    Up Next At High Court: Social Media Laws & Bump Stocks

    The U.S. Supreme Court will hear oral arguments related to three big-ticket cases this week in a pair of First Amendment challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on their viewpoints and a dispute over the federal government's authority to ban bump stocks.

  • February 23, 2024

    Russia Assets Seen As Key To Tipping The Scales For Ukraine

    The 500-plus sanctions the U.S. added against Russia and its enablers Friday will continue to make the Kremlin's war more costly, but experts say the key to a real sea change in Ukraine is giving it Russia's seized assets abroad.

  • February 23, 2024

    La. Hotel Owner Must Arbitrate Hurricane Ida Damage Claims

    A Louisiana federal judge has ordered the owner of an extended-stay hotel near New Orleans to go to arbitration with a group of insurers over coverage for damage caused by Hurricane Ida, finding that the policy under dispute contains a valid arbitral clause.

  • February 23, 2024

    Balloon Co. Blew Up Appeal Of Fraud Verdict, 1st Circ. Says

    A bid from the owner of a defunct balloon company to set aside an already-reduced jury award won't fly, the First Circuit has concluded, finding that the company's own acknowledgment about transferred funds "dooms their appeal."

  • February 23, 2024

    Russia Loses Appeal Of Olympics Suspension, Funding Ban

    The Court of Arbitration for Sport on Friday dismissed Russia's bid to reverse the International Olympic Committee's decision to strip its official status after it attempted to absorb Ukrainian sports organizations following the 2022 invasion of the country. 

  • February 22, 2024

    10th Circ. Won't Enforce $2.3M Award In Shipping Feud

    The Tenth Circuit has shut down a shipowner's bid to enforce a $2.3 million arbitral award against a charterer's founder following a dispute over a stymied Venezuelan oil shipping deal, rejecting arguments that the shipowner could hold the founder liable as his company's alter ego.

  • February 22, 2024

    Aviation Services Co. Seeks OK Of $5M Niger Award

    An aviation company incorporated in Luxembourg has asked a D.C. federal court to confirm a final arbitral award of €4.8 million, approximately $5 million, stemming from the Republic of Niger's expropriation of a ground handling services enterprise in which the company has invested.

  • February 22, 2024

    First-Ever Anti-Doping Act Defendant Sentenced To 3 Months

    A "naturopathic" therapist who distributed performance-enhancing drugs during training for the Tokyo Olympics in 2021 has been sentenced to three months in prison by a New York federal judge, becoming the first-ever defendant to receive time in jail under the Rodchenkov Anti-Doping Act.

  • February 22, 2024

    Biz Group Urges OECD Candidates To Back Digital Duties Ban

    The U.S. Council for International Business laid out its priorities for countries vying to be members of the Organization for Economic Cooperation and Development, looking to garner support for a global moratorium on digital tariffs that is set to expire in a week.

  • February 22, 2024

    Judge Irked By Arbitration Ask Years Into Au Pair Wage Case

    A Massachusetts federal judge on Thursday twice lobbed the phrase "judge shopping" at lawyers for an au pair placement agency that, four years into a proposed collective wage action by former child care workers, now want the case sent to arbitration in Switzerland.

  • February 21, 2024

    Contractor Says Lima Merits Sanctions In $140M Award Row

    A municipal contractor has asked a D.C. federal court to sanction Lima, Peru, for prolonging its efforts to enforce nearly $140 million in arbitral awards it won over a highway contract that went awry, saying the city has unnecessarily prolonged the dispute with two actions.

  • February 21, 2024

    Justices Urged To Turn Away $285M Panama Canal Award Suit

    The operator of the Panama Canal on Tuesday urged the U.S. Supreme Court to turn away a case in which $285 million in arbitral awards are being challenged over an arbitrator's "evident partiality," saying close relationships between arbitrators are so "ubiquitous" in international arbitration that they are unremarkable.

  • February 21, 2024

    ByteDance Can't Yet Arbitrate Ex-Coder's Wrongful Firing Suit

    A California federal judge declined to send a former ByteDance Inc. engineer's wrongful termination suit to arbitration, writing in a ruling made public Tuesday that there are factual disputes over whether he signed employment agreements containing arbitration clauses, saying the matter should be resolved via a jury trial.

  • February 21, 2024

    Boies Schiller Hires White & Case Int'l Arbitration Atty In DC

    Boies Schiller Flexner LLP announced Wednesday that it has added a longtime White & Case LLP partner to its international arbitration group in Washington, D.C.

  • February 21, 2024

    International Trade Group Of The Year: White & Case LLP

    White & Case LLP successfully countered anti-dumping duties on lemon juice imports from Brazil for agriculture giant Louis Dreyfus Co. Sucos, scored a rare suspension agreement to halt the U.S. government's anti-dumping and countervailing duty investigations into imports of white grape juice concentrate from Argentina, and it helped Mercedez-Benz escape political instability in Russia, earning the firm a spot among Law360's 2023 International Trade Groups of the Year.

  • February 21, 2024

    Judge Threatens Ex-Trump Aide With Contempt Over Records

    A D.C. federal judge threatened to hold a Trump-era White House aide in contempt for his continuing failure to turn over all the records covered by the Presidential Records Act to the U.S. government.

  • February 20, 2024

    US Small Businesses Have Most To Lose From Digital Duties

    The possible demise of an international moratorium on tariffs for digital products, including software and media downloads, could cut into small businesses' profits and create compliance burdens for the companies that survive.

  • February 20, 2024

    Dutch Court Rejects Russia's Appeal Of $50B Yukos Awards

    Russia on Tuesday lost its last-ditch appeal to overturn $50 billion in arbitral awards issued a decade ago to former shareholders of Yukos Oil Co., once the country's largest oil company, after it was seized by the Kremlin amid allegations of allegedly phony tax debts.

  • February 20, 2024

    WTO Says Revised Duties On Spanish Olives Still Out Of Line

    The World Trade Organization called on the U.S. to fix revised countervailing duties on Spanish olives, ruling Tuesday that the duties are still not in compliance with its 2021 decision rejecting the investigation that resulted in the tariffs.

  • February 20, 2024

    Ex-BigLaw Atty Avoids Prison For Ch. 11 Lies

    A former BigLaw partner on Tuesday was spared any prison time for lying to a New York bankruptcy court in his 2022 personal Chapter 11 case, in an attempt to shield his assets from creditors.

Expert Analysis

  • It All Comes Down To Choice Of Law In Nazi-Looted Art Case

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    The Ninth Circuit's recent decision in a nearly 20-year ownership battle over a Nazi-looted painting shows the court lacked adequate guidance on how California's choice-of-law rule should be applied to stolen property and that the choice of law — between California or Spain — will likely determine whose claim to the painting prevails, says Kevin Ray at Greenberg Traurig.

  • Opinion

    Plea For A New Int'l Tribunal For Russia's Crime Of Aggression

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    Legal experts worldwide should support the International Bar Association and other organizations calling for a United Nations special criminal tribunal to prosecute Russian leaders for the crime of aggression against Ukraine, or risk standing by as war atrocities and threats to global security increase, says Olga Kostina at Robert F. Kennedy Human Rights.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Tools To Fight Delay From Arbitrability Appeals After Coinbase

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    The U.S. Supreme Court's recent Coinbase v. Bielski decision mentioned a series of procedural tools litigants facing an automatic stay due to a Section 16(a) appeal can use to mitigate resulting harms and costs from the delay, and counsel should weigh the potential benefits and risks of these options, say Glenn Chappell and Spencer Hughes at Tycko & Zavareei.

  • Senate Hearing Highlights Antitrust Hazards In PGA-LIV Deal

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    The U.S. Senate's recent questioning of PGA Tour COO Ron Price on the proposed deal with LIV Golf and its release of a dossier of framework agreements covered a variety of issues that could exacerbate antitrust concerns, including the predatory purchasing theory of competitive harm, free-riding and alternate funding, say attorneys at Perkins Coie.

  • What Venezuelan Gold Fight Means For UK One Voice Doctrine

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    The Court of Appeal's judgment in Deutsche Bank v. Central Bank of Venezuela clarifies the application of the "one voice" doctrine to foreign court judgments, highlighting that the reasoning depends on the recognition or nonrecognition of a head of state or government that is contrary to the U.K. government's position, say lawyers at Latham.

  • What's Causing EU-US Impasse On Steel And Aluminum

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    The EU and the U.S. have made limited progress in negotiating for a Global Arrangement on Sustainable Steel and Aluminum, and they face high obstacles to meeting the fast-approaching October deadline, say attorneys at Akin.

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • How Conflict Management Can Prevent Arbitration Disputes

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    Recent International Chamber of Commerce guidance highlights that thinking beyond traditional arbitration and litigation can deliver huge benefits for businesses, which should be proactive in utilizing mediation, evaluations and expert determinations to expedite resolution and reduce costs, says Jennifer Haywood at Serle Court.

  • Rare UK Ruling Offers Clarity On Business-To-Consumer Arb.

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    In an unusual ruling, the High Court recently refused to enforce a foreign-seated arbitration award in Payward v. Chechetkin — as doing so would be contrary to public policy — which is an important reminder for businesses to tailor dispute resolution provisions to the needs of specific consumers, say Charlie Morgan and Elizabeth Kantor at Herbert Smith.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • China Boosts Arb. Reform With 'Interim Measures' Change

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    While China may face challenges in competing with other preferred arbitral venues, its recent development in the delivery of interim measures serves as the initial stage of arbitration enforcement reform, says Minda Huang at Kobre & Kim.

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