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International Arbitration
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July 22, 2025
WTO Finds China's Anti-Suit Injunctions Violate TRIPS
China's use of anti-suit injunctions in patent litigation violates an international intellectual property agreement, according to arbitrators at the World Trade Organization.
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July 22, 2025
UN 'Toolkit' Aims To Help Countries Avoid Investor Disputes
The United Nations Commission on International Trade Law on Monday adopted a "toolkit" aimed at helping governments prevent and mitigate foreign investment disputes by setting out examples of strategies and measures used by countries that have previously kept such disputes at bay.
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July 21, 2025
Mining Co. Says Congo Lithium Deal Violates Arbitration Order
Australian mining company AVZ Minerals Ltd. said Monday that a deal struck late last week between the Democratic Republic of the Congo and California-based KoBold Metals to develop part of a lucrative lithium mining project violates an order issued in its pending arbitration against the country.
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July 21, 2025
Software Co.'s Ex-CEO Claims Fraud 'Infects' $9M Award
The founder and former chairman of a software investment company has asked a New York federal judge to set aside an order enforcing a $9 million arbitral award against him, claiming a Pakistani court ruled the company engaged in a fraudulent scheme that infected the entire arbitration.
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July 21, 2025
Guinea Tells DC Circ. $22M Award Can't Be Enforced
The Republic of Guinea has urged the D.C. Circuit not to revive a consulting company's bid to enforce a $22 million arbitration award, saying a lower court correctly found that it was unclear whether the country agreed to arbitrate the dispute in the first place.
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July 21, 2025
Danish Furniture-Maker Looks To Arbitrate $25M Fraud Suit
Luxury furniture-maker BoConcept has urged a federal court to order two businessmen who purchased franchise rights for three of its Southern California stores to arbitrate their $25 million fraud claim in Denmark.
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July 21, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, a major settlement between Meta Platforms Inc. and its investors reached on the proverbial courthouse steps during day two of a trial ended an $8 billion-plus suit accusing the company's directors and officers of breaching privacy regulations and corporate fiduciary duties tied to allegations dating to the Cambridge Analytica scandal more than a decade ago.
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July 21, 2025
Reed Smith's Doc Block Motion 'Hyperbolic,' 2nd Circ. Told
Reed Smith LLP cannot block the new owners of reorganized Greece-based international shipping company Eletson from viewing files already in its possession, the company has told the Second Circuit, arguing the law firm's emergency motion to stop the new owners from accessing the files was intentionally timed to head off anticipated district court rulings.
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July 28, 2025
Disputes Pro Joins Lewis Silkin From Rosenblatt
A Rosenblatt Law Ltd. commercial litigation expert with extensive experience in the banking sector has jumped to Lewis Silkin LLP as a partner in its London dispute resolution practice.
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July 18, 2025
Law360 Names 2025's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.
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July 18, 2025
ArbitralWomen President Takes Up In-House Role At Aramco
The president of ArbitralWomen, an organization focused on increasing diversity in international arbitration, said she has accepted a new position as senior counsel at Aramco, the national oil company of Saudi Arabia.
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July 18, 2025
4th Circ. Remands Insurance Award Feud Over FAA Confusion
In a published decision that refers to the Federal Arbitration Act as "not a triumph of legislative draftsmanship," the Fourth Circuit on Friday overturned the enforcement of an arbitral award favoring health insurance service providers that is being challenged over an arbitrator's alleged conflict of interest.
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July 18, 2025
Off The Bench: Latest NASCAR Win, Trans Athlete Fights Ban
In this week's Off The Bench, Michael Jordan's racing team fails to bounce back right away from a tough defeat in its battle with NASCAR, a transgender woman fights a last-minute expulsion from a college women's track and field event, and a football player sees his window to playing an extra college season slammed shut by the NCAA and the Seventh Circuit.
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July 18, 2025
Taxation With Representation: Wachtell, Slaughter And May
In this week's Taxation With Representation, Blackstone pours billions into data centers and related infrastructure, Waters Corp. and Becton Dickinson look to form a new life sciences powerhouse, Reckitt sells 70% of its Essential Home business to private equity firm Advent, and Chevron completes its acquisition of Hess following a favorable arbitral award.
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July 18, 2025
Chevron Beats Exxon Challenge, Completes $53B Hess Deal
Chevron said Friday that it has completed its $53 billion acquisition of Hess following a favorable arbitral award, resolving a dispute with rival oil majors over Hess' stake in a lucrative Guyana oil block that had threatened to derail the megadeal.
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July 17, 2025
Thrivent Challenges SEC Over FINRA Arbitration Rules
Financial services giant Thrivent has filed a petition in the D.C. Circuit Court of Appeals seeking to force the U.S. Securities and Exchange Commission to review three rules adopted by the Financial Industry Regulatory Authority that give the agency exclusive jurisdiction over arbitration disputes between brokers and their customers.
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July 17, 2025
Russia Claims Immunity In $34M Crimea Award Suit
Russia is pressing the D.C. Circuit to overturn what it calls an "unprecedented" decision greenlighting litigation to enforce a more than $34 million arbitral award issued to Ukrainian gas companies that operated in Crimea, saying Wednesday that its sovereign immunity defense wasn't adequately weighed.
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July 17, 2025
EU Sends Hungary To Court Of Justice Over ECT Stance
The European Commission said it will refer Hungary to the European Union's Court of Justice to address a potential violation of EU law, claiming it has contradicted the union's position on intra-EU arbitrations under the Energy Charter Treaty and refused to abide by the court's case law.
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July 18, 2025
CORRECTED: South Korea Can Challenge $48.5M Award In Samsung Merger Case
Correction: An earlier version of the story misstated the nature of the panel's decision. That has now been corrected.
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July 16, 2025
Internet Co. Can't Win $33M Indonesia Judgment In NY Court
A New York federal judge has tossed litigation initiated by a Jakarta, Indonesia-based internet service provider to enforce a $32.7 million judgment against Indonesia following arbitration over a government contract to implement mobile access centers around the country.
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July 16, 2025
2nd Circ. Backs Argentina In Bondholders' $360M Debt Suit
Argentine debtholders claiming the country owes them more than $360 million in improperly withheld payments lost their case before the Second Circuit on Wednesday, which ruled that the bonds' governing documents prohibited the lawsuits.
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July 16, 2025
Zenith's $130M Tunisia Oilfield Claim Comes Up Short
Canadian oil and gas company Zenith Energy Ltd. said Wednesday that an international tribunal has rejected $130 million in claims brought by its subsidiary against Tunisia regarding a terminated oilfield concession, a result that its CEO called "nothing short of a travesty."
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July 16, 2025
Armenia Ordered To Pay $439K In Real Estate Dispute
A D.C. federal judge has ordered Armenia to pay nearly $439,000 in costs owed to a real estate investor who won annulment in 2023 of an arbitral award nixing his claim against the country for allegedly not doing enough when he was defrauded by a local business partner.
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July 15, 2025
MaxLinear, Silicon Motion Beat Suit Over Failed $3.8B Merger
A California federal judge on Tuesday threw out a proposed class action that accused semiconductor company MaxLinear and chipmaker Silicon Motion of misleading investors about a $3.8 billion merger that fell through, saying Silicon Motion shareholders couldn't sue MaxLinear or prove that Silicon Motion knew about an alleged breach of the merger agreement.
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July 15, 2025
Ga. Judge Sends Online Casino Suit To Arbitration
A Georgia federal judge has dismissed a lawsuit over money lost on casino-style gambling websites like Luckyland Slots and Global Poker, saying the case can't move forward in the Peach State and must go to arbitration instead.Â
Expert Analysis
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Navigating Potential Sources Of Tariff-Related Contract Risk
As the tariff landscape continues to shift, companies must anticipate potential friction points arising out of certain common contractual provisions, prepare to defend against breach claims, and respond to changing circumstances in contractual and treaty-based relationships, say attorneys at Debevoise.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Decoding Arbitral Disputes: Prestige's Jurisprudential Legacy
The U.K. Supreme Court's recent denial of appeal ended Spain's decades-long quest to enforce an €855 million arbitral judgment against a London insurer, throwing into stark relief the increasingly complex relationship between arbitral sovereignty, foreign state immunity and the shifting terrain of post-Brexit private international law, says Josep Galvez at 4-5 Gray's Inn.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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German Ruling Further Restrains Intra-EU Bilateral Arbitration
The German Federal Court of Justice recently issued a notable ruling that pushes the invalidation of intra-European Union bilateral investment treaty arbitration into the realm of stand-alone cost decisions, strengthening the EU's legal framework while increasing uncertainty for investors in the region, say attorneys at Linklaters.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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11th Circ. Ruling Warns Parties To Follow Arbitral Rules
The Eleventh Circuit's recent decision in Merritt Island Woodwerx v. Space Coast is important for companies utilizing arbitration clauses because it clearly demonstrates the court's intent to hold noncompliant parties responsible in federal court — regardless of subsequent efforts to cure, says Ed Mullins at Reed Smith.