International arbitration

A Primer on Investor-State Arbitration

Introduction Per Investopedia, foreign direct investment occurs Foreign direct investment occurs when an individual or a company acquires “an ownership stake in a foreign company or project made by an investor, company, or government from another country. Post-pandemic, foreign direct investment is again on a growth track, and as with other trending industries or growth

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Harris Bricken’s Litigation Team Defeats Motion to Compel Arbitration

On the heels of this post I wrote last month about the importance of how an arbitration clause is drafted, especially in the international context, I’m happy to report my colleagues recently defeated a motion to compel arbitration based on an incomplete provision. The Arbitration Provision in Question Our client (plaintiff) entered into a contract

Harris Bricken’s Immigration Litigation Team Successfully Resolves Federal Court Case Against U.S. Government

We’re thrilled to share that we recently achieved a favorable settlement with the U.S. Attorney’s Office for the district of Alaska in an Administrative Procedure Act (APA) claim against the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Homeland Security (DHS) for one of my law firm’s employment-based immigration clients. USCIS had

How to succed at mediation

Why Mediation is Effective – and How to Make the Most of It

As a final summary post on this year’s California International Arbitration Week, today we’ll be covering mediation and how to make most of the mediation process. Mediation and settlement was a big focus of the conference. One speaker notably stated he believed every dispute, no matter the industry or dollar value, should settle before going

international arbitration

The Case for International Arbitration

As a secondary summary of what was emphasized during this year’s California International Arbitration Week, today’s post will cover why there seems to be growing consensus that arbitration is the superior choice of all dispute resolution options – and especially in the international context. The arbitration can be tailored to the parties’ specific issues and

arbitration clauses

Arbitration Clauses Can Determine Future Success – Or Failure

I had the pleasure of attending this year’s California International Arbitration Week, which is a great conference that presents and discusses recent trends and lessons learned in the context of international arbitration. While much of the content was geared towards attorneys and how we can better facilitate resolution via arbitration, there were several prominent points

Foreign court judgments United States enforcement

Enforcing Foreign Judgments in United States Courts

A significant part of my law firm’s international litigation practice is helping domestic and foreign clients enforce judgments they’ve successfully obtained. For foreign clients, the American process of judgment enforcement and collection law can be complex and confusing because the process is governed by specific statutory law. 1. The Relevant Vocabulary To begin, here is

United States Writ of Attachment for collecting on a judgment

U.S. Litigation Basics – The Writ of Attachment

A key question any person or company contemplating litigation in the United States needs to ask themselves is whether the potential judgment is worth the cost of getting it. Filing and pursuing a lawsuit in the United States is lengthy and expensive. And though the law provides protections against fraudulent transfers, there is always the

China attorney-client privilege law

U.S. Supreme Court to Decide Important Attorney-Client Privilege Issues

In early January 2023, the United State Supreme Court will hear arguments on a case involving the attorney-client privilege.  The case is In re Grand Jury, No. 21-1397, and the Court’s decision will undoubtedly be of great significance for businesses and their attorneys. At stake in this case is the level of confidentiality given to

arbitration versus litigation

International Litigation Options: The Benefits of A Receivership

Both our domestic and foreign clients understandably wish to avoid full-blown litigation in certain cases, especially when the facts are messy, or the relationships are complicated. One successful option we have guided our clients through is the receivership. This is especially useful in the context of partnerships gone bad – if you have a business