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International Arbitration
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July 01, 2025
The Sharpest Dissents From The Supreme Court Term
The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.
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July 01, 2025
Justices Face Busy Summer After Nixing Universal Injunctions
The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
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June 30, 2025
Battery-Maker Says Award Against Tesla Must Be Enforced
Matthews International Corp. has asked a California federal court to enforce an arbitral award against Tesla Inc. that guarantees the global battery maker's right to sell its dry battery electrode equipment to parties other than the electric car giant.
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June 30, 2025
UK Supreme Court Denies Russia Immunity In $63B Yukos Case
Russia has been denied permission to challenge an appellate court ruling in Britain dismissing its attempt to use state immunity to block former investors in Yukos Oil Co. from enforcing more than $63 billion in arbitral awards they won nearly 11 years ago, the investors said Monday.
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June 30, 2025
Supreme Court Passes On FSIA Terrorism Exception Dispute
The U.S. Supreme Court refused Monday to revive litigation filed by victims of nonlethal terrorist attacks seeking to hold Iran and Syria accountable as alleged state sponsors of terrorism, nixing a petition that sought clarity on the Foreign Sovereign Immunities Act's terrorism exception.
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June 30, 2025
Supreme Court Seeks US Input On $440M Cruise Line Case
The U.S. Supreme Court said Monday it wanted the U.S.'s perspective as it considers a petition seeking the reversal of a split Eleventh Circuit decision overturning a $440 million judgment against several cruise companies for allegedly "trafficking" in property seized by the Cuban government.
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June 27, 2025
Borrower Loses Bid To Void $19M Loan Repayment Award
A California federal judge has declined to grant a borrower's request to escape an arbitral award ordering him to repay a $19 million loan from a Chinese businesswoman, ruling he should have instead raised his argument before the arbitrators.
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June 27, 2025
Telecom Co. Says Justices' Opinion Blocks India Argument
Deutsche Telekom AG has asked the D.C. Circuit to reconsider India's argument about its right to due process following a recent U.S. Supreme Court decision about personal jurisdiction and the Foreign Sovereign Immunities Act, saying another high court decision directly answers the country's question.
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June 27, 2025
Off The Bench: Tatis Says Loan 'Predatory,' Tennis Player Suit
In this week's Off The Bench, a Major League Baseball star wants out of a "predatory" loan from a future earnings investment company, a group of migrant workers keep alive their suit accusing companies that helped develop World Cup facilities in Qatar of exploitation and abuse, and the tennis Grand Slam tournaments may be in the crosshairs of players suing the sport's hierarchy.
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June 27, 2025
UK Joins Arbitration Appeals Alternative Amid WTO Paralysis
The U.K. has officially joined a World Trade Organization-led contingency plan designed to keep the door open for appeals in international trade disputes, despite the continued dormancy of the WTO Appellate Body.
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June 26, 2025
Peru Seeks Info For Criminal Cases Tied To Toll Road Row
Peru asked a New York federal judge to allow discovery on a Brookfield unit and major North American banks to aid criminal proceedings involving an allegedly corrupt toll road contract at the heart of $200 million worth of arbitral awards the South American country's capital city has been unable to shake.
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June 26, 2025
Hedge Fund's 'End Run' On Citgo Auction Rejected In NY
A New York federal judge on Wednesday explained his reasoning for shutting down litigation last month filed by affiliates of hedge fund Gramercy seeking to collect nearly $1 billion owed by Venezuela's state-owned oil company, criticizing the affiliates for their "lack of diligence."
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June 26, 2025
Italian Winery Claims $53M Loss From Importer's Interference
The Italian maker of Kris wine is suing its former importer in California federal court on claims that it asserted exclusive rights to the brand and sabotaged new deals after their agreement was terminated, saying the U.S. company breached an arbitration award and caused more than $53 million in damages.
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June 26, 2025
'50 Cent' Liquor Biz Can Target Ex-Boss's Home In Ch. 7
A Connecticut bankruptcy judge ruled that famous rapper Curtis "50 Cent" Jackson's liquor company Sire Spirits LLC can enforce its lien on its former brand manager Mitchell Green's home in Westport to get some recovery for a $7 million fraud judgment against him, even as Green goes through Chapter 7 proceedings.
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June 25, 2025
2nd Circ. Blocks Reed Smith Doc Turnover Order In Eletson Row
The Second Circuit on Wednesday granted Reed Smith LLP's emergency motion to stay a Manhattan federal judge's order to turn over client files amid a conflict over the legitimate ownership of international shipping company Eletson, which is in a dispute with competitor Levona.
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June 25, 2025
PetroSaudi Slams Liquidators' Bid To Pause $380M Award Suit
A PetroSaudi unit pursuing enforcement of a $380 million arbitral award has asked a California federal judge to deny a request by the company's liquidators to pause a federal government suit targeting the award over its alleged connection to funds embezzled from Malaysia.
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June 25, 2025
Tennis Players Ponder Adding Grand Slams To Antitrust Suit
A group of professional tennis players accusing the organizers of the sport's largest competitive events of running an illegal "cartel" is considering adding the operators of the four Grand Slam tournaments as defendants in a proposed antitrust class action, but told a New York federal judge it will wait for further talks with them before deciding.
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June 24, 2025
Cargo Explosion Prompts $32M Va. Suit Amid London Claim
A freight operator has asked a Virginia federal court to let it seize approximately $32 million in maritime property as it pursues arbitration in London for that same amount of damages after its coal cargo exploded while aboard a vessel headed to China last November.
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June 24, 2025
Swiss Shipping Co. Can't Dodge Default In Cargo Dispute
A D.C. Circuit panel on Tuesday upheld the Federal Maritime Commission's default judgment against MSC Mediterranean Shipping Co. SA stemming from a pandemic-era cargo space dispute with a Pennsylvania-based shipper.
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June 24, 2025
Gazprom Must Pay $1.37B In Naftogaz Contract Fight
Ukraine's state-owned oil and gas company has claimed victory in a $1.37 billion arbitration against Gazprom after the Russian state-owned energy giant allegedly failed to pay for natural gas transit services.
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June 24, 2025
Co. Slams 'Overheated' Reed Smith Brief In Shipping Row
Reed Smith should not be allowed to halt court proceedings amid its effort to hold onto a client file sought by postbankruptcy owners of Eletson Holdings Inc., a reorganized international shipping company, amid its ongoing dispute with Levona Holdings Ltd., according to briefs both sides filed before the Second Circuit.
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June 23, 2025
Guatemala Fights $38M Award Enforcement In US Court
Guatemala has asked a D.C. federal court to toss litigation seeking to enforce a nearly $38 million arbitral award issued to a construction and engineering firm in the parties' dispute over highway construction contracts, saying the case has no connection to the United States.
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June 23, 2025
Lima Can't Get $200M Award Enforcement Paused
A D.C. federal judge refused the Peruvian city of Lima's bid to pause enforcement of some $200 million in arbitral awards issued to a highway contractor during an ongoing appeal, saying Friday that the city's mayor has stated publicly that he has no intention of ever paying up.
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June 23, 2025
US Says $1B Keystone XL Pipeline Claim Must Be Axed
The U.S. has urged an international tribunal to nix a $1.14 billion claim brought by a publicly owned marketing firm for Alberta's crude oil industry over the cancellation of the Keystone XL pipeline, repeating arguments that the panel lacks jurisdiction to consider the dispute.
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June 23, 2025
Milbank Atty Opens NYC Disputes Firm With 2 Past Colleagues
A former Milbank LLP partner known for his work on high-profile international arbitrations announced Friday that he has teamed up with two former colleagues to launch a disputes boutique in New York City that he hopes will fill the gaps often left by how BigLaw decides which matters to take on.
Expert Analysis
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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A Deep Dive Into Singapore's New Int'l Arbitration Rules
The latest revisions to the Singapore International Arbitration Centre's rules, effective as of Jan. 1, contain numerous innovative and industry-leading updates, including new rules on coordinated and emergency procedures, and third-party funding, say attorneys at WilmerHale.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
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Navigating Arbitration Confidentiality Challenges In Age Of AI
Artificial intelligence is already significantly involved in various aspects of arbitration and posing challenges for maintaining confidentiality, but relatively quickly implementable practices can be utilized as safeguards as AI tools continue to be integrated, says David Coher at CoherADR.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.