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International Arbitration
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January 01, 2025
3 International Arbitration Trends To Watch in 2025
As we transition into 2025, experts in international arbitration say they are looking out for how three trends will influence the practice area: a likely increasing number of disputes under the new administration of President-elect Donald Trump, new cities trying to get into the dispute resolution business and artificial intelligence continuing to impact arbitration in (hopefully) beneficial ways.
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January 01, 2025
5 International Arbitration Cases To Watch In 2025
The U.S. Supreme Court and the D.C. Circuit are set to decide cases in 2025 that could have a wide effect on how courts interpret the Foreign Sovereign Immunities Act and could provide a pathway for investor-state claimants to enforce awards against European countries. The Federal Circuit, meanwhile, is adjudicating a case that could have important effects in the arbitration and intellectual property fields. Here are five cases to watch over the next year.
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December 20, 2024
Fla. Judge Orders Ky. Tower Sale Laundering Case To Proceed
A Florida federal judge denied a request by two Miami businessmen to toss a civil forfeiture lawsuit brought by the U.S. government in an attempt to seize $9.1 million from the sale of a Kentucky office tower with alleged links to a Ukrainian money laundering scheme.
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December 20, 2024
Trade Panel Strikes Down Mexico's Curbs On Biotech Corn
Mexico's 2023 restrictions on the use of genetically modified corn to make tortillas and animal feed violated the country's trade accord with the U.S., a dispute settlement panel ruled Friday, finding that the policy was not based on sound science.
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December 20, 2024
DC Circ. Backs Dismissal Of Energy Co.'s $1.1B Angola Suit
The D.C. Circuit refused Friday to revive an energy company's lawsuit against Angola over $1.1 billion worth of nixed power plant contracts, agreeing with courts in New York that the dispute must be litigated in the African country.
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December 20, 2024
11th Circ. Won't Reconsider Nixing $440M Cuba Dock Claim
The Eleventh Circuit said it won't take a second look at its decision upending a $440 million judgment against four cruise lines that were accused of participating in prohibited tourism in Cuba by way of utilizing a dock that once belonged to a U.S.-based company.
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December 20, 2024
Halliburton Tells High Court That Age Bias Battle Can't Go On
Halliburton told the U.S. Supreme Court that an ex-worker is attempting to create a "back door" to challenge an arbitration award that resolved his age bias suit, urging the justices to join the Tenth Circuit in finding that the case had run its course.
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December 19, 2024
Fla. Judge OKs $12M Award In Nigerian Oil Fight
A Florida judge Wednesday allowed Côte d'Ivoire's state-owned energy company to enforce an $11 million arbitral award it won following a troubled joint venture to acquire and manage some of Chevron's West African downstream assets, largely rejecting Nigeria-based MRS Holdings Ltd.'s jurisdictional objections.
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December 19, 2024
US Co.'s Claim Over Canada Coal Phaseout Nixed
Westmoreland Coal Co. has lost its investor-state claim against Canada after lawmakers in Alberta opted to fast-track a planned coal phaseout, Ottawa has confirmed.
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December 19, 2024
The Biggest UK Supreme Court Decisions Of 2024
The U.K. Supreme Court in 2024 has looked into the enforcement of arbitration agreements, put an end to brand owners collecting broad trademark monopolies, galvanized climate activism and stressed the importance of solicitor-client costs agreements.
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December 18, 2024
1st-Ever Arb. Antitrust Casino Class Certified In Shuffler Suit
Scientific Games' successor Light & Wonder Inc. must battle arbitration from customers accusing the gambling company of monopolizing the automatic card shuffler market using fraudulently obtained patents, after an arbitrator said there's no need to individually assess the arbitration provisions of all roughly 112 class members.
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December 18, 2024
China Co. Asks Justices To Review E-Commerce Jurisdiction
China-based e-commerce company Zembrka has asked the U.S. Supreme Court to review a Second Circuit opinion that found proof of an online transaction in a particular state is enough to establish personal jurisdiction, regardless of whether the product ships or is refunded.
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December 18, 2024
Insurers Say Arbitration Is Proper In $7M Ida Damage Suit
A group of international and domestic insurers asked a Louisiana federal judge to keep in place an order to arbitrate a $7 million Hurricane Ida damage claim, disputing a property owner's argument that state law has a say in the matter.
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December 18, 2024
EU Court Rejects Latest Challenge To Portugal's Tax Clawback
A European court rejected a Brazilian-based company's challenge Wednesday to a European Commission ruling that Portugal must claw back tax breaks provided to companies with no local economic activity because that ran counter to commission-approved policies.
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December 18, 2024
Mobile Game Co. Can Arbitrate False Advertising Claims
A Manhattan federal judge said mobile game maker Papaya Gaming can arbitrate claims it misleadingly represents that users can compete with other live people, ruling that the terms of use contained valid arbitration clauses.
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December 17, 2024
Distributor Seeks OK Of $131M Venezuela Award
A Hong Kong goods distributor has kicked off litigation in Delaware looking to enforce a $131 million arbitral award against a subsidiary of Venezuela's state-owned oil company, stating in its petition that it wants to target the country's interest in the oil giant Citgo.
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December 17, 2024
Google-Apple Collusion Plaintiff Asks 9th Circ. To Revive Suit
A California crane operator training school asked the Ninth Circuit on Monday to revive its case accusing Google of paying Apple to refrain from developing its own search engine in light of a recent Washington, D.C., federal judge's decision that Google monopolizes the search market.
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December 17, 2024
Renewable Energy Investor Asks Court To OK €42M Award
A Luxembourg-based renewable energy investment firm on Tuesday urged a District of Columbia federal judge to confirm a €41.8 million ($43.9 million) arbitration award over Spain's abandoned energy economic incentives after the D.C. Circuit recently said such awards can be enforced.
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December 17, 2024
Yukos Capital Opposes Stay In $5B Russia Award Suit
The financing arm of Yukos Oil Co. urged a D.C. federal court on Monday not to pause its lawsuit looking to enforce a $5 billion arbitral award against Russia while litigation involving similar issues plays out, saying the Kremlin is needlessly dragging its feet.
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December 17, 2024
Plex Wrongly Refused To Arbitrate Privacy Claims, Suit Says
A Plex subscriber is claiming the streaming service violated its terms of service by refusing to arbitrate claims that it was breaching federal and state privacy laws.
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December 16, 2024
Lender Takes Aim At $2B Commisimpex Awards
A New York state court has issued a temporary restraining order over some $2 billion in arbitral awards still owed by the Republic of the Congo to Commissions Import-Export SA following a decades-old feud over unpaid public works contracts, citing a request from a lender.
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December 16, 2024
Ecuador Banana Co. Prez Ordered To Jail Over $6.9M Award
A Miami federal judge issued an arrest order for the president of an Ecuadorian banana company that ignored court orders to turn over financial information at the request of Chiquita Brands International, which is trying to enforce a $6.9 million arbitration award.
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December 16, 2024
Knicks Blame Raptors Arbitration Delay On Silver 'Conflict'
The New York Knicks reiterated their claim that National Basketball Association commissioner Adam Silver is biased against the franchise and incapable of arbitrating their data-theft dispute with the Toronto Raptors, accusing Silver of a "clear conflict of interest.''
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December 16, 2024
High Court Bar's Future: Latham's Roman Martinez
Roman Martinez of Latham & Watkins LLP approaches oral arguments before the U.S. Supreme Court as if they were just another dinner with family or friends — people he's argued with since he was a kid.
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December 16, 2024
Freshfields IA Pro Goes Solo With NY Practice
A nearly decade-long Freshfields attorney in New York and Madrid has launched a solo practice offering independent counsel and arbitrator services, harnessing her experience working on more than 25 commercial and investment disputes.
Expert Analysis
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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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.