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International Arbitration
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April 18, 2025
SC School District's Embezzlement Suit Sent To Arbitration
A South Carolina school district must arbitrate the arbitrability of its claims that its insurer conspired with its former chief financial officer to steal tens of millions of dollars from the district by issuing unnecessary and expensive insurance policies, a federal court ordered.
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April 17, 2025
Cuban Island Owner Wants $36M In Helms-Burton Case
A Cuban-American man who says he is the rightful heir to an island off the coast of Cuba that was seized by the Communist government asked a Miami jury on Thursday for an award of more than $36 million against Expedia, which the man claims illegally trafficked in the stolen property by offering reservations for resorts on the island through its website.
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April 17, 2025
UK Says NY Convention Doesn't Kill Sovereign Immunity
Ratifying the New York Convention isn't enough to strip away a state's right to plead sovereign immunity in a later dispute over a contract that might be subject to the convention's rules, a London court has ruled.
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April 17, 2025
Naftogaz Wins Enforcement Of $5B Russia Award In France
A French court has signed off on a bid by Ukraine's state-owned oil and gas company to enforce a $5 billion arbitral award it won against Russia after the Kremlin seized its Crimean assets, the company said on Thursday.
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April 17, 2025
Tribal Members Fight Bid To Transfer Canadian Tariff Dispute
Four members of Montana's Blackfeet Nation are fighting a motion by the federal government to transfer their bid to block several Trump administration orders and proclamations imposing tariffs on Canadian goods, arguing there's no legal basis for the move to the U.S. Court of International Trade.
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April 17, 2025
Natural Gas Co. Loses Challenge To $233M Arbitration Award
A Nigerian liquefied natural gas producer has lost its fight to escape having to indemnify a fellow Nigerian fossil fuel business for a $233 million arbitration award, with a London appeals court rejecting its case that the indemnity was unenforceable.
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April 16, 2025
Poland Says EC Decision Backs Nonpayment Of $55M Award
Poland has told a D.C. federal court that a recent decision from Europe's executive body barring Spain from paying a more than 鈧100 million ($113.6 million at the current exchange rate) arbitral award shows Poland has a valid argument in opposing payment of a $55 million award to a Cypriot commodities trader.
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April 16, 2025
Fla. Court Urged To Deny Panama's Bid To Enforce $5M Award
A Miami businessman and his company urged a Florida federal court to deny Panama's bid to enforce a $4.8 million arbitral award over construction agreements, saying the court hasn't heard the whole story on the money he says he's owed and how a post-award settlement was breached by government officials.
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April 16, 2025
Exxon Urges Justices To Resolve Seized Cuba Property Claim
Exxon Mobil Corp. asked the U.S. Supreme Court to scrutinize a ruling frustrating its attempts to collect damages from Cuban property confiscated decades ago, arguing the Trump and Biden administrations' opposing stances on such lawsuits present a chance for the court to settle the political debate.
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April 16, 2025
Reed Smith Wins Stay Order In Eletson Shipping Feud
For now, Reed Smith will not be compelled to turn over a client file to the new owners of reorganized international shipping group Eletson, following a temporary stay issued by the Second Circuit amid the BigLaw firm's fight to continue representing the company's prebankruptcy shareholders.
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April 16, 2025
Haynes Boone Launches Arbitration Rules Comparison Tool
Haynes Boone has launched its own tool for businesses, legal professionals and arbitrators to compare arbitration rules across different jurisdictions globally.
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April 15, 2025
2nd Circ. Nixes Insurer's Arbitration Bid in Constellation Suit
The Second Circuit聽on Tuesday affirmed that Allied World National Assurance Co. can't force a dispute over coverage for negligence claims asserted against directors and officers of medical accounting conglomerate Constellation Healthcare Technologies Inc. into arbitration.
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April 15, 2025
La. Parish Still Wants 5th Circ. To Remand Insurance Case
A Louisiana parish has again urged the Fifth Circuit to send its dispute over coverage for property damage caused by a pair of hurricanes back to district court, saying "everyone agrees" that the lower court made a procedural misstep that was subsequently wrongly appealed.
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April 15, 2025
ICC And Legal Tech Co. Opus 2 Release Arbitration Software
The International Chamber of Commerce, which houses the International Court of Arbitration, launched its new case management system ICC Case Connect in collaboration with legal tech company Opus 2.
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April 14, 2025
Expedia Defends Cuban Island Bookings In Helms-Burton Trial
The former manager of Expedia's Cuba group took the stand Monday to defend the travel company's actions offering reservations for resorts on an island off the coast of Cuba that a Cuban-American man says was stolen from his family by Fidel Castro's government, telling jurors the company worked to comply with constantly changing regulations related to travel to Cuba.
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April 14, 2025
Arbitrator Services Co. Adds Chilean-Russian Panelist
Arbitrator support services company Arbitra International said it has added a Chilean-Russian lawyer to its global membership list of dispute panelists, saying her focus on Latin America and Russia-related matters will add to its growth in those two regions where it is seeing increased demand.
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April 14, 2025
Musk's X Sued Over Wash. Worker Severance Pay, Bonuses
About 150 former Twitter workers in Washington have sued X Corp., saying that since Elon Musk took over and slashed its workforce, the social media platform has illegally refused to engage in arbitration over claims from laid-off workers who say they have been stiffed on promised severance pay and bonuses.
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April 14, 2025
Tesla's Arbitration Win Upended In Ex-Exec's Defamation Case
A Ninth Circuit panel on Monday said a lower court judge wrongly confirmed a zero-dollar arbitration award in favor of Tesla and Elon Musk that dismissed a former Tesla engineer's defamation claims, saying the federal court didn't have jurisdiction because no money was awarded.
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April 14, 2025
Arbitrators Expect Further AI Adoption, Despite Hesitancy
A majority of international arbitrators and counsel in a recent study said they expect to use artificial intelligence for search, data analytics and document review more frequently over the next five years, according to an annual report from White & Case LLP, though there is "strong resistance" to its use for tasks necessitating judgment as well as hesitancy over transparency, bias and training involved.
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April 11, 2025
Coinbase 'Mining Pools' Scam Case Heads To Arbitration
Cryptocurrency exchange Coinbase and its subsidiary Toshi Holdings Ltd. are moving ahead with arbitration of a Virginia man's claims that he saw $50,000 drained from his Coinbase wallet by means of a "malicious smart contract" that appeared to be a liquidity mining pool.
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April 11, 2025
Construction Firm Pushes For $31M Award Against Guatemala
A construction and engineering firm has argued a magistrate judge correctly recommended enforcement of $31 million in arbitral awards against Guatemala in D.C. federal court, saying the court is the appropriate forum for the case.
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April 11, 2025
Trust Co. Can Email Docs In $149M Ukraine Award Dispute
A Manhattan federal judge has granted Madison Pacific Trust Ltd.'s request to let it serve a petition for the enforcement of a $149 million arbitral award against the founders of a Ukrainian grain exporter via email, finding that their physical whereabouts are unknown.
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April 11, 2025
Carlton Fields Class Action Ace Jumps To Stinson In Tampa
Stinson LLP has expanded its class action capabilities in Tampa, Florida, with a new partner from Carlton Fields.
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April 10, 2025
Bakery Sellers Seek $2M Award From Buyer After Deal Sours
Three companies have hit a bakery investment firm with a lawsuit over its sale of a string of Koffee Kup bakeries in Northeastern states, saying in a Connecticut federal court brief that they are due $2 million under an arbitration award.
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April 10, 2025
NSO Hack Needed Apple's Calif. Servers, Foreign Journos Say
Counsel for a group of El Salvador-based journalists urged the Ninth Circuit on Thursday to revive a lawsuit accusing Israeli spyware maker NSO Group of hacking their iPhones, saying the case belongs in California federal court because the alleged attacks relied on Apple's servers within the Golden State.
Expert Analysis
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes 鈥 from summary judgment standards to notice pleadings 鈥 which has, in turn, affected individuals鈥 substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy 鈥 a strategic board game set in pre-World War I Europe 鈥 are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals 鈥 and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that鈥檚 so powerful about artificial intelligence is also what鈥檚 most scary about it 鈥 its ability to detect patterns may curtail young attorneys鈥 chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners 鈥 though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional 鈥渢rusted adviser鈥 paradigm from which most firms operate is no longer sufficient 鈥 they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Decoding Arbitral Disputes: Spanish Assets At Risk Abroad
The recent seizure of a portion of London Luton Airport after an English High Court ruling is the latest installment in a long-running saga over Spain鈥檚 failure to honor arbitration awards, highlighting the complexities involved when state-owned enterprises become entangled in disputes stemming from their government's actions, says Josep Galvez at 4-5 Gray's Inn Square Chambers.
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Testing The Limits Of English Courts' Pro-Arbitration Stance
Although the Court of Appeal recently upheld a $64 million arbitration award in Eternity Sky v. Zhang, the judgment offers rare insight into when the English courts鈥 general inclination to enforce arbitral awards may be outweighed by competing policy interests such as consumer rights, say Declan Gallivan and Peter Morton at K&L Gates.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling
The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.