International Arbitration

  • December 04, 2023

    Catching Up With Delaware's Chancery Court

    Blockchain gaming, lithium-battery production, nutrition supplements and Activision's $68.7 billion sale to Microsoft — nothing is too big or complicated for Delaware's Chancery Court to put on its agenda. The year is winding down, but things haven't slowed in the nation's top court of equity. Check here for all the latest news from the Chancery Court.

  • December 01, 2023

    La. Judge Won't Nix Arbitration Order In $11M Hurricane Row

    A Louisiana federal judge has denied a bid by attorneys who missed a deadline to rescind his order tossing two defendants and forcing arbitration in a case over more than $11 million in hurricane damage to an apartment complex, ruling that their arguments lack merit anyway.

  • December 01, 2023

    Property Owner Sees Bid To Appeal Bad Faith Finding Nixed

    A Louisiana federal judge denied a property owner's bid to immediately appeal her ruling compelling arbitration of its bad faith claims against its insurers, in a case centering on millions of dollars' worth of property damage caused by Hurricane Ida.

  • December 01, 2023

    TikTok Parent Rips Coder's 'Gamesmanship,' Urges Arbitration

    TikTok's parent company ByteDance urged a California federal judge at a remote hearing Friday to send an engineer's wrongful termination suit accusing it of being the Chinese Communist Party's "propaganda tool" to arbitration, arguing the plaintiff has engaged in "gamesmanship" to avoid that and get to the state court's "bully pulpit."

  • December 01, 2023

    Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

    Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.

  • December 01, 2023

    Former Clerks Say Justice O'Connor Still Worth Emulating

    BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

  • December 01, 2023

    US Sanctions 3 More Tankers For Dodging G7 Oil Price Cap

    The U.S. sanctioned three more oil tankers Friday for shipping Russian oil priced above the G7's price cap, the latest such actions following the blacklisting of five other vessels in recent weeks.

  • December 01, 2023

    4 Decisions For Which Justice O'Connor Will Be Remembered

    Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.

  • December 01, 2023

    EU Cyber Resilience Act Moves Closer To Becoming Law

    The European Council and the European Parliament have reached a political agreement on the Cyber Resilience Act, which will introduce tougher rules for digital goods and services coming into the European Union.

  • December 01, 2023

    Justice O'Connor Shattered Barriers, Built Bridges

    A Southwestern cowgirl who will always be known as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O’Connor inspired those around her with an indomitable work ethic, a deep affection for public service and an innate ability to drive consensus among her colleagues.

  • December 01, 2023

    Sandra Day O'Connor, First Woman On Supreme Court, Dies

    Retired U.S. Supreme Court Justice Sandra Day O'Connor, the court's first female member, died Friday at 93, according to the court. Justice O'Connor's position at the ideological center of the court gave her outsized influence in controversial cases during her 25-year tenure.

  • November 30, 2023

    ICC Disability Guide Shines Spotlight On Oft-Ignored Issue

    The International Chamber of Commerce has issued a guide on disability inclusion in international arbitration, a groundbreaking move that advocates believe will shine a light on an issue that is all too often swept under the rug in the legal profession.

  • November 30, 2023

    32 Sens., Chamber Of Commerce Slam Digital Trade Pivot

    The Biden administration faced renewed criticism regarding its recent pullback from digital trade policy discussions in a pair of letters Thursday voicing complaints from almost three dozen members of Congress and the U.S. Chamber of Commerce.

  • November 30, 2023

    PDVSA Says VR Capital Fraud Suit Must Be Nixed

    PDVSA has urged a New York court to toss litigation filed by asset manager VR Capital accusing the Venezuelan state-owned oil company of fraud in connection with its issuance of nearly $2 billion worth of senior secured notes, calling the suit "misguided."

  • November 30, 2023

    Insurers Say Texas School's Storm Arbitration Belongs In NY

    Insurers for a Texas public school district urged a New York federal judge not to toss their petition asking the court to appoint an umpire in a $10 million hurricane damage dispute, saying the court has jurisdiction over the matter per the parties' arbitration agreement.

  • November 30, 2023

    Chilean Power Co. Hits Ch. 11 In New York With $409M In Debt

    Chilean power company Inversiones Latin America Power Ltda. filed for Chapter 11 protection in New York bankruptcy court Thursday with a plan to restructure roughly $409 million in funded debt.

  • November 29, 2023

    Venezuela Urges High Court To Nix 3rd Circ.'s Debt Ruling

    Venezuela has again asked the U.S. Supreme Court to overturn a Third Circuit decision affirming that the country's state-owned oil company is liable for Caracas' massive debts, saying the lower court misconstrued the Foreign Sovereign Immunities Act and erred in announcing a new alter ego standard.

  • November 29, 2023

    Citgo Parent's Reissue Of Stock Certificate OK'd By Chancery

    Citgo Corp.'s ultimate Venezuelan owner has received a Delaware Court of Chancery green light to post a nominal, $10,000 bond as security for an affiliate's replacement of a cornerstone stock certificate needed to complete a sale of the U.S.-based refiner.

  • November 29, 2023

    Feds Sanction, Seize N. Korea-Linked Crypto Mixer

    Hours after the U.S. Department of the Treasury announced new sanctions Wednesday against Sinbad, a company that anonymizes virtual currency transactions, the site was down, following allegations that it laundered funds for North Korean hackers, drug trafficking and child sex abuse.

  • November 29, 2023

    Former Philadelphia Federal Judge Joins FedArb

    A retired Philadelphia federal judge has joined alternative dispute resolution provider FedArb's panel of arbitrators available for clients seeking a mediator to settle disputes across a wide range of legal issues.

  • November 29, 2023

    Judges Can Impose Compulsory Mediation In Civil Disputes

    A London appellate court ruled Wednesday that judges can order parties to engage in dispute resolution outside of court, finding it would not place an unacceptable restraint on the right to access the court.

  • November 28, 2023

    Daiichi Awarded $46M Fees In Cancer Drug Patent Arbitration

    Japanese drugmaker Daiichi Sankyo Ltd. has scored nearly $46 million in fees and costs in an arbitration initiated by rival Seagen in the companies' patent dispute over cancer drug technology after the arbitrator found that the U.S. biotech company did not file its infringement claims within the six-year statute of limitations.

  • November 28, 2023

    Reed Smith's Former Arbitration Head Will Step Down

    The former leader of Reed Smith's international arbitration practice, José Astigarraga, has announced that he will be retiring from the firm next year to become a full-time arbitrator and mediator, a new chapter in his career that he said was prompted by self-reflection during the pandemic.

  • November 28, 2023

    GE Resolves $1.1B Angola Power Project Fight

    General Electric and an Angola-focused infrastructure company have agreed to end multiple lawsuits in Connecticut and New York related to the American industrial giant's alleged role in the cancellation of contracts for a $1.1 billion power and water project in the southern African country.

  • November 28, 2023

    Recovery Firm's Ukraine Contract Beef Too Old, 1st Circ. Says

    The First Circuit has refused to revive an international asset recovery firm's long-standing dispute with the Ukrainian government over alleged unpaid work the firm did to uncover assets stolen by a former prime minister, saying most of the claims had expired.

Expert Analysis

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The State Of UK Litigation Funding After Therium Ruling

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    The recent English High Court decision in Therium v. Bugsby Property has provided a glimmer of hope for litigation funders about how courts will interpret this summer's U.K. Supreme Court ruling that called funding agreements impermissible, suggesting that its adverse effects may be mitigated, says Daniel Williams at DWF Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Nix Of $11B Award Shows Limits Of Arbitral Process

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    A recent English High Court decision in Nigeria v. Process & Industrial Developments, overturning an arbitration award because it was obtained by fraud, is a reminder that arbitration decisions are ultimately still accountable to the courts, and that the relative simplicity of the arbitration rules is not necessarily always a benefit, say Robin Henry and Abbie Coleman at Collyer Bristow.

  • Int'l Arbitration Doesn't Have To Be Slow And Expensive

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    Anton Maurer at JAMS offers a series of practice points aimed at reducing the cost and delays of international arbitration, such as avoiding overbroad document discovery, without harming the result of the proceedings.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • A Look At Enforcing And Contesting Arbitral Awards In Qatar

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    As Qatar aspires to become a regional investment hub as part of its Qatar Vision 2030, it has committed to modernizing its arbitration practices in accordance with international standards, including updating the process of enforcing and contesting arbitration awards, say attorneys at Crowell & Moring.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

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