Transnational Litigation

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European Court of Human Rights Rules on the Positive Obligations of Convention States in the Face of the Climate Crisis – Key Takeaways

The Climate Change Cases are the first of their kind decided by the Court and constitute a significant legal development requiring considered analysis and reflection.

Client Alert | April 16, 2024

Benchmark Litigation Names Andrea Smith US Environmental Litigator of the Year 2024

Benchmark Litigation named New York partner Andrea Smith as Environmental - Litigator of the Year at its 15th annual US awards ceremony, recognizing “the country's most distinguished litigators and their firms for their work over the past 12 months.”

Firm News | March 14, 2024

Top 10 Issues in Arbitration Clauses – Singapore and Hong Kong

As commercial transactions become more complex, arbitration agreements deserve attention and scrutiny by parties, because they can greatly influence how a dispute could unfold.

Client Alert | February 8, 2024

UK to Update Arbitration Act and Join Hague Convention on Recognition and Enforcement of Foreign Judgments

The U.K. will update its Arbitration Act and join the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, two steps that will further strengthen its position as a leading center for the resolution of cross-border commercial disputes.

Client Alert | December 5, 2023

Abu Dhabi Global Market Court of Appeal Deepens ADGM’s Wholesale Adoption of English Law

A decision by the Abu Dhabi Global Market (ADGM) Court of Appeal has deepened the ADGM’s wholesale adoption of English law, and has also distinguished the approaches of the ADGM and the Dubai International Financial Center to English law.

Client Alert | November 29, 2023

UK Supreme Court Rules That Many Litigation Funding Agreements Are Unenforceable in England & Wales

In a greatly anticipated judgment of the UK’s Supreme Court, a 4-1 majority has ruled that litigation funding agreements, under which the funder’s remuneration is calculated by reference to a share of the damages ultimately recovered, fall within the statutory definition of damages-based agreements.

Client Alert | August 2, 2023

EU Strengthens Cross-Border Access to E-Evidence in Criminal Proceedings

The European Union is strengthening cross-border access to electronic evidence in criminal proceedings.

Client Alert | August 1, 2023

Perlette Jura and Marcellus McRae Named Among Los Angeles’ 2023 Top Litigators & Trial Attorneys

The Los Angeles Business Journal named Los Angeles partners Perlette Jura and Marcellus McRae among its 2023 Leaders of Influence: Litigators & Trial Attorneys, a list “of the very best litigators and trial attorneys in the region."

Firm News | August 1, 2023

Supreme Court Holds That U.S. Trademark Infringement Claims Must Be Based On Domestic Use In Commerce

The Supreme Court held that trademark infringement claims under the Lanham Act apply only where the claimed infringing “use in commerce” occurs in the United States. Our lawyers discuss this case.

Client Alert | June 29, 2023

Supreme Court Holds That Foreign Plaintiffs Can Pursue Civil RICO Claims If They Suffered An Injury That Arose In The United States

Our lawyers discuss a U.S. Supreme Court decision which rejected a bright-line rule that would have precluded foreign plaintiffs from pursuing civil RICO claims, and instead held that foreign plaintiffs can satisfy civil RICO’s domestic-injury requirement if their injuries arose in the United States.

Client Alert | June 22, 2023

UK and Australian Courts Confirm No Sovereign Immunity from Recognition of ICSID Arbitral Awards Against Sovereign States

Our lawyers discuss rulings in UK and Australia courts on the enforcement of arbitral awards against sovereign States.

Client Alert | May 31, 2023

Russia in the European Court of Human Rights – Recent Decisions May Impact Rights of Investors

Our lawyers provide a summary of two decisions issued by the European Court of Human Rights in cases concerning Russia's actions in Ukraine and Georgia, which are alleged to be violations of the European Convention on Human Rights.

Client Alert | May 30, 2023

Child and Forced Labor Risks Global Task Force

Gibson Dunn has established a Child and Forced Labor Risks Global Task Force to help our clients prevent illegal child and forced labor, evaluate their supply chains, and respond to investigations and litigation.

Client Alert | May 17, 2023

Candice Choh and Perlette Jura Named Among Los Angeles’ 2023 Most Influential Women Attorneys

The Los Angeles Business Journal recognized Los Angeles partners Candice Choh and Perlette Jura in its 2023 Women Of Influence: Attorneys list, which honors “the LA area’s most influential women legal professionals” for their “exceptional legal skill and achievement across the full spectrum of responsibility, exemplary leadership as evidenced by the highest professional and ethical standards, and for contributions to the Los Angeles community at large.”

Firm News | April 17, 2023

Adoption of a New Global Biodiversity Framework – Key Takeaways for Global Organizations and Financial Firms

Gibson Dunn lawyers discuss a new agreement at the United Nations Biodiversity Conference that will guide global action on nature.

Client Alert | January 6, 2023

Energy Charter Treaty – Recent Developments

Our lawyers provide an update on recent announcements by several European Union Member States of their intention to withdraw from the Energy Charter Treaty.

Client Alert | December 5, 2022

ESG ratings: key considerations for stakeholders

London partner Susy Bullock and associate Jonathan Cockfield are the authors of "ESG ratings: key considerations for stakeholders" published by Financier Worldwide in its October 2022 issue. 

Article | September 29, 2022

A Major Leap Towards Reciprocity in the Enforcement of Judgments Between the English and Dubai Courts

In a major development on 13 September 2022, the UAE Ministry of Justice called upon the Dubai Courts to enforce judgments of the English Courts in the UAE going forward, based on principles of reciprocity.

Client Alert | September 15, 2022

Germany Amends Implementing Act to the Hague Evidence Convention, No Longer Forbidding Pre-Trial Discovery of Documents

A recent amendment to Germany’s Implementing Act to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters may allow for pre-trial discovery if certain conditions are met. Previously, German courts receiving a request for pre-trial discovery from a common-law jurisdiction would not execute this request – regardless of its content or origin.

Client Alert | June 24, 2022

Supreme Court Holds That Parties To Private Foreign Or International Arbitrations Cannot Seek Discovery Assistance From U.S. Courts

On June 13, 2022, the Supreme Court held 9-0 that parties to private arbitrations abroad may not seek the assistance of federal courts in gathering evidence for use in those arbitrations.

Client Alert | June 13, 2022

Russia’s Suppression of the Media Violates Its International Law Obligations

Our lawyers discuss how Russia’s restrictions on the media violate its international human rights obligations, and also may breach obligations it owes foreign investors under investment treaties to which it is party.

Client Alert | March 24, 2022

Webcast: The World Reacts to the Crisis in Ukraine: A Deep Dive on the New Export Controls

The United States and the European Union have issued or announced new export controls targeting Russia, Belarus, and the Russia-backed separatist regions of Ukraine known as the Donetsk People’s Republic and the Luhansk People’s Republic. Hear from experts about these developments and how companies should proactively assess their exposure to the export controls measures being discussed.

Webcasts | March 22, 2022

Update on UN Roadmap for a New Global Plastics Treaty

On 2 March 2022, Heads of State, Environment Ministers, and representatives from 175 countries endorsed a resolution at the United Nations Environment Assembly in Nairobi to negotiate an international legally binding agreement to “end plastic pollution” by the end of 2024.

Client Alert | March 21, 2022

The United States Becomes the Sixth Signatory to the 2019 Hague Judgments Convention on the Recognition and Enforcement of Foreign Judgments

On 2 March 2022, the United States signed the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (also known as the “Hague Judgments Convention.”)  The Hague Judgments Convention seeks to enhance access to justice and facilitate international trade and investment by encouraging the free flow of judgments across national borders.

Client Alert | March 18, 2022

Which Law Governs the Arbitration Agreement? UK Supreme Court Refuses to Enforce a Paris-Seated Award Already Upheld by the French Courts

Where a contract specifies its governing law, but is silent as to the governing law of the arbitration agreement, the question arises as to which law governs the arbitration agreement – the governing law of the contract, or the law of the seat?

Client Alert | February 18, 2022

The Latest Chapter of the Intra-EU Investment Arbitration Saga: What It Entails for the Protection of Intra-EU Investments and Enforcement of Intra-EU Arbitral Awards

Since 6 March 2018, the EU institutions have been sending EU investors a clear message regarding the protection of their investments within the EU under so-called ‘intra-EU’ bilateral investment treaties, as well as now the Energy Charter Treaty.

Client Alert | February 4, 2022

Webcast: The Rise of International Class and Collective Actions

Class actions have gradually taken root outside the US in recent years. We highlight common pitfalls and early advocacy problems that defendants typically face in these new regimes and provide an overview in which direction international class actions will develop in the years to come.

Webcasts | January 13, 2022

Two Who’s Who Legal 2021 Guides Recognize Five Gibson Dunn Partners

Five Gibson Dunn partners were recognized in Who’s Who Legal 2021 Environment and Who’s Who Legal 2021 Government guides.

Firm News | September 30, 2021

Intra-EU Arbitration Under the ECT Is Incompatible with EU Law According to the CJEU in Republic of Moldova v Komstroy

On 2 September 2021, the Court of Justice of the European Union issued its ruling in Republic of Moldova v Komstroy concluding that, as a matter of EU law, Article 26 of the Energy Charter Treaty is not applicable to “intra-EU” disputes (that is, disputes between an investor of an EU Member State on the one hand, and an EU Member State on the other.)

Client Alert | September 7, 2021

Enforcement of Arbitral Awards against a Sovereign State: UK Supreme Court Reinstates the Service Requirements in General Dynamics v Libya

On 25 June 2021, the UK Supreme Court rendered its judgment in General Dynamics United Kingdom Limited v The State of Libya. This much anticipated decision provides important guidance concerning the interaction of State immunity principles with the rules applicable to the service of enforcement proceedings on States.

Client Alert | June 29, 2021

Supreme Court Limits Extraterritorial Reach Of The Alien Tort Statute

On June 17, 2021, the Supreme Court held 8-1 that plaintiffs suing domestic corporations for aiding and abetting international law violations overseas had failed to allege a sufficient domestic nexus for the conduct to support liability under the Alien Tort Statute.

Client Alert | June 17, 2021

DIFC Court of Appeal Rules That Riyadh Convention Is Not a Part of DIFC Law and Clarifies the Implementation of International Agreements

The DIFC Court of Appeal in Lahelalahela V Lameezlameez [2020] DIFC CA 007 found that the Riyadh Convention is not a part of DIFC Law, and in any event provides a non-exclusive service regime.

Client Alert | June 1, 2021

Procedural Implications for Cross-Border Litigation: A Post-Brexit Briefing Note

The end of the Brexit transition period has resulted in a number of significant changes to the applicable cross-border procedural rules which litigators and those responsible for drafting commercial contracts will need to have in mind. This note provides a high level overview of the key developments.

Client Alert | January 29, 2021

Supreme Court Holds That Amendments To The Foreign Sovereign Immunities Act Retroactively Authorized Punitive Damages Against Foreign State Sponsors Of Terrorism

On May 18, 2020, the Supreme Court held 8-0 that the Foreign Sovereign Immunities Act (FSIA) amendments of 2008 authorize punitive damages in suits against foreign states based on conduct predating the amendments. 

Client Alert | May 18, 2020

The Termination of Intra-EU Bilateral Investment Treaties and the Impact on Foreign Investment Protection in Europe

On 5 May 2020, twenty-three European Union Member States signed an agreement purporting to terminate approximately 130 intra-EU bilateral investment treaties or “BITs”.

Client Alert | May 13, 2020

Charles Falconer Appointed to UK Shadow Cabinet

Lord Charles Falconer has been appointed as Shadow Attorney General by Keir Starmer, leader of the UK Labour Party. In British parliamentary practice, the Official Opposition Shadow Cabinet consists of senior members of the opposition party who scrutinise their corresponding government ministers, develop alternative policies, and hold the government to account for its actions and responses.

Firm News | April 7, 2020

Calif. Low Carbon Fuel Standard Price Cap Is A Trade-Off

Los Angeles partner Abbey Hudson and associates Dione Garlick and Caroline Monroy are the authors of "Calif. Low Carbon Fuel Standard Price Cap Is A Trade-Off," [PDF] published by Law360 on February 7, 2020.

Publications | February 10, 2020

Anne Champion and Randy Mastro Named Litigators of the Week

The Am Law Litigation Daily named New York partners Anne Champion and Randy Mastro as its Litigators of the Week [PDF] for successfully persuading a district judge that a foreign arbitration award against Chevron was a sham.

Firm News | October 1, 2019

Five Partners Named Among Top Women in Litigation

Benchmark Litigation named Perlette Jura, Andrea Neuman, Elizabeth Papez, Deborah Stein and Meryl Young to its 2019 list of the Top 250 Women in Litigation, which recognizes America’s leading female trial lawyers.

Firm News | August 15, 2019

U.S. Court of Appeals Allows Specific Personal Jurisdiction Over German Web-Services Firm With No Physical U.S. Presence

On September 13, 2018, the U.S. Court of Appeals for the First Circuit handed down an important personal-jurisdiction ruling in the age of e-commerce.

Client Alert | September 24, 2018

SFO Successfully Defends Challenge over the Territorial Scope of Compulsory Document Requests

Last week the High Court in London handed down its decision following a challenge by KBR, Inc. against the issuing of compulsory document requests that required the production of documents held by the company outside of the UK.

Client Alert | September 11, 2018

Supreme Court Says That Patent Holders May Recover Lost Foreign Profits Resulting From Patent Infringement In The United States

WesternGeco LLC v. ION Geophysical Corp., No. 16-1011 Decided June 22, 2018 Today, the Supreme Court held 7-2 that federal law permits a patent holder to recover damages for overseas losses from a defendant that infringes its patent by shipping components of a patented invention from the United States to be assembled abroad.

Client Alert | June 22, 2018

Supreme Court Holds That Foreign Corporations Cannot Be Sued Under The Alien Tort Statute

Jesner v. Arab Bank, PLC, No. 16-499 Decided April 24, 2018 Today, the Supreme Court held 5-4 that a foreign corporation may not be sued under the Alien Tort Statute.

Client Alert | April 24, 2018

Delaware Supreme Court Holds That Forum Non Conveniens Dismissals Do Not Require An Alternative Available Forum

On March 22, 2018, in a 4-1 opinion, the Delaware Supreme Court held that where defendants have demonstrated that litigating in Delaware would result in an overwhelming hardship to defendants, Delaware courts may dismiss suits under the doctrine of forum non conveniens even if no alternative forum is available.

Client Alert | March 22, 2018

Intra-EU Investment Treaties: Is It Time to Restructure Your Investment?

Yesterday, the Court of Justice of the European Union (CJEU) issued its much awaited ruling on the compatibility of intra-EU bilateral investment treaties (BITs) with EU law, in Achmea B.V.

Client Alert | March 7, 2018

The DIFC Court’s First Ever Judgment on State Immunity Is a Welcome Sign for Investors

The DIFC Court recently issued its first ever decision on sovereign immunity. Neither the UAE nor the DIFC has any legislation expressly conferring sovereign immunity upon foreign states.

Client Alert | October 3, 2017

Trump Administration Rescinds Deferred Action for Childhood Arrivals (DACA) Program

On September 5, 2017, the Trump Administration announced the termination of the Deferred Action for Childhood Arrivals program ("DACA").  Attorney General Jeff Sessions announced the Administration's decision in remarks delivered on Tuesday morning.  Acting Secretary of Homeland Security Elaine Duke subsequently issued a memorandum formally rescinding the program, after which the White House issued a separate statement explaining President Trump's decision.

Client Alert | September 5, 2017

Update on Immigration Executive Order

Gibson Dunn previously issued several client alerts regarding President Trump's January 27, 2017 and March 6, 2017 Executive Orders restricting entry into the United States for individuals from certain nations and making other immigration-related policy changes.

Client Alert | June 29, 2017

United States Supreme Court Limits Power of State Courts to Exercise Specific Personal Jurisdiction over Defendants

On June 19, 2017, the Supreme Court of the United States further clarified the scope of state courts' power to exercise personal jurisdiction over defendants, holding that state courts do not have specific personal jurisdiction unless there is "an 'affiliation between the forum and the underlying controversy, principally, an activity or an occurrence that takes place in the forum State.'" Bristol-Myers Squibb Co.

Client Alert | June 19, 2017

Webcast: Are We Speaking the Same Language? Privilege Issues in Cross-Border Litigation, Investigations and International Arbitration

​For multinational companies, navigating the attorney-client privilege and work product protections in the cross-border context can be tricky. This webcast will attempt to bring clarity to how courts and arbitral tribunals address issues of attorney-client privilege and work product in the transnational context.

Webcasts | May 16, 2017