International Arbitration and Litigation Selected Representations
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Venues of Arbitration
American Arbitration Association (AAA/ICDR)
Represented European containerized shipping company in a series of separate international arbitrations arising out of its $800 million acquisition of U.S. shipping company. The proceedings included:
- A $100 million post-acquisition dispute involving a purchase price adjustment.
- A arbitration with respect to allocation between purchaser and seller of in excess of $100 million of liabilities for over four hundred individual actions in various countries around the world including India, Greece, Italy and Honduras.
- A multimillion dollar dispute involving equipment acquired pursuant to asset purchase agreement.
- A post-acquisition dispute involving millions of dollars of payroll taxes in several countries including Korea, Thailand and Taiwan.
- A dispute before involving millions of dollars of Russian, Honduran, and English tax liabilities.
- Defended two Korean electronics companies in claim by Taiwanese company involving disputed ownership of LCD module invention for computer applications.
- Represented a third-world distributor against a foreign manufacturer for a breach of an equipment distribution agreement.
- Defended a Danish company against claims of nonpayment in arbitration in New York relating to multiple disputes involving an information technology agreement.
- Defended an El Salvadoran telecommunications company against a breach of contract claim brought by a competing Salvadoran telecommunications company. The proceedings are being conducted solely in Spanish.
- Represented an Asian distributor in a claim against a North American manufacturer for wrongful termination of distributorship agreement.
- Defended a European company in a breach of contract claim involving the supply of equipment for steel plant.
- Defended a Latin American Telecommunications Company in a breach of contract claim.
- Defended a Swedish manufacturer of specialty metals and tools against a claim for breach of license agreement.
- Amco Asia v. Republic of Indonesia (ICSID). Lead counsel to investors in four arbitrations before four separate tribunals, including two annulment proceedings, in which U.S. and Hong Kong investors recovered compensation for wrongful termination of a hotel investment in Jakarta. These are probably the most written about and cited cases in ICSID history.
- Asian Agricultural Products v. Sri Lanka (ICSID). Lead counsel to Government defending $9 million claim by investor arising from destruction of shrimp company during counter-insurgency operation. This was the first ICSID case decided under a bilateral investment treaty. This was a victory for our client Sri Lanka as the Tribunal limited damages to about $500,000.
- Mihaly v. Sri Lanka (ICSID). Lead counsel to Government defending claim under bilateral investment treaty for wrongful termination of a power generation project. This was the first ICSID case to address whether pre-investment expenditure constitutes investment under the ICSID Convention. This was a victory as the case was dismissed on jurisdictional grounds.
- Middle East Cement v. Egypt (ICSID). Claim by a Greek company under a bilateral investment treaty concerning Egypt’s alleged expropriation of claimant’s interests in a cement distribution enterprise in Egypt and Egypt’s alleged failure to ensure the re-exportation of claimant’s assets, one of our attorneys, who also is a Professor of International Law at Georgetown University Law Center, served as arbitrator in the claim.
- Wena Hotels v. Egypt (ICSID). Claim by an English company against Egypt for alleged expropriation of, and failure to protect, the claimant’s hotel investments in Luxor and Cairo, in violation of the UK- Egypt Agreement for the Promotion and Protection of Investments. One of our attorneys served as arbitrator in the case.
- ELSI Case (USA v. Italy) (International Court of Justice). One of our attorneys, and also a Professor of Law and International Organization at Columbia Law School, served as counsel and advocate for the United States in this claim under the US/Italy Treaty of Friendship and Commerce on behalf of US investors for compensation for Italy’s alleged interference with the management and control of ELSI, impairment of investment rights and interests, and failure to provide protection and security.
- Himpura Energy et al. v. PLN & Republic of Indonesia (UNCITRAL). A series of arbitrations under Indonesian law, first against Indonesia’s state-owned electric utility for breach of two geothermal energy supply contracts, then against the Government itself for the utility’s failure to pay arbitration awards against it. Claimants were awarded $575 million. One of our attorneys testified as claimants’ Indonesian law expert in each of the arbitrations.
- Karaha Bodas v. Pertamina (UNCITRAL). Claim under Indonesian law against Indonesia’s state-owned oil company for wrongful cancellation of a geothermal project, in which claimant was awarded $261 million. One of our attorneys testified as claimant’s Indonesian law expert in the arbitration and, subsequently, in various enforcement proceedings around the world.
- Loewen Group v. United States (UNCITRAL). Claim under NAFTA by a Canadian company involved in the death care industry for damages allegedly resulting from a jury verdict against the company in a Mississippi state court. In this case one of our attorneys acted as a consultant on the case to the claimant.
- Methanex Corp v. United States (UNCITRAL). Claim by a Canadian marketer and distributor of methanol, an ingredient used to manufacture the gasoline additive MTBE. The claimant alleges that a California ban on the use or sale of MTBE in California amounts to an expropriation of part of its methanol investment in the United States in violation to Chapter 11 of NAFTA. It seeks damages of $1 billion. In this case one of our attorneys is currently acting as a consultant on the case to the claimant.
- Phillips Petroleum v. Iran (Iran- US Claims Tribunal). Claim by American oil company seeking damages for expropriation of an oil exploration joint venture that held a 99-year lease covering a portion of Iran’s richest oil fields. Our attorneys obtained a successful result in the arbitration, and the parties settled for $93 million before the arbitral award became final.
- Foremost- McKesson v. Iran (Iran- US Claims Tribunal). Claim by an American investor that founded the largest privately owned dairy company in Iran. Agencies of the Government of Iran became owners of a majority of the dairy company’s stock, took control of the board of directors, and cut off the payment of dividends, technical assistance fees, equipment rentals, and other obligations to the only American shareholder in the dairy company. Iran was held liable for the dividends and contractual obligations, but the larger claim for a creeping expropriation of the investment was held to fall outside the Tribunal’s jurisdiction. The case was continued in US federal court and is still being litigated.
International Chamber of Commerce (ICC)
- Represented client in series of ICC arbitrations in Germany and London concerning joint venture wind farm projects between Canadian, Japanese and Danish companies.
- Defended Canadian biotech firm against claims of breach of contract, fraud and misappropriation of trade secrets related to treatment for Alzheimer’s disease.
- Represented an auto manufacturer with respect to a claim against a third-world automobile distributor.
- Represented an international service company in a management dispute with a foreign circus.
- Represented foreign shareholders in a joint venture dispute involving the development of a cement plant.
- Represented a claimant in a dispute with an independent power producer involving the development of a third-world power plant.
- Prosecuted claim for breach of a procurement services agreement against a Brazilian telecommunications company.
- Defended a boiler manufacturer in a claim for the alleged breach of a licensing agreement and the misappropriation of trade secrets.
- Defended the seller of an aircraft maintenance business in a claim for the breach of an acquisition agreement.
- Represented a US company in a claim for breach of contract and insufficient delivery of materials and services against a Dutch subcontractor with respect to a $100 million investment in Poland.
- Defended a manufacturer in four separate arbitration proceedings relating to contracts involving the manufacture and maintenance of equipment in Iran. The Swiss Supreme Court upheld a decision favorable to our client.
- Defended a glass manufacturer alleged to have engaged in anti-competitive conduct, in an arbitration concerning complex business antitrust claims, business torts and a broad exercise in arbitration discovery in England, Argentina, Australia and New Zealand.
- Defended a client with a portfolio of biotechnology and life science patents and licenses concerning various claims related to its worldwide licensed technology.
- Acted for a power company in a dispute involving wholesale energy trading.
- Defended a Latin American Telecommunications Company in a breach of contract claim relating to cellular telephone service.
- Acted on behalf of a claimant for nonpayment of invoices relating to competitive bidding events.
London Court of International Arbitration (LCIA)
- Defended a major UK- based soft drink manufacturer regarding an alleged violation of a non-compete clause.
- Represented a Czech shipping company in a dispute with a Dutch shipping company concerning sums payable under a contract for the sale of a fleet of vessels (located across the world) and whether one party had repudiated the contract.
- Represented a Venezuelan common carrier defending claims for breach of a long-term transportation agreement.
United Nations Commission on International Trade Law (UNCITRAL)
- Represented Caribbean based companies in a dispute regarding promissory notes and put options relating to the construction of the contract regarding the affairs of a bank in Central Europe, and the effect of regulatory activity in that jurisdiction.
- Represented American investors in a dispute over the terms of a complex stock transaction in Russia, and the impact of Russian regulatory activity on that stock transaction.
- Represented a U.S. manufacturer of specialty vehicles in a claim for lost future profits after its Italian customer received a prototype and proceeded to build its own vehicles.
- Obtained a $93 million award on agreed terms following an arbitration against Iran for expropriation of a long-term concession agreement.
- Obtained a substantial arbitral award for a U.S. engineering company for fees owed for the construction of a dam in Iran and successfully defended against counterclaims for alleged engineering defects.
- Obtained a substantial arbitral award for a U.S. consulting engineering company for fees owed on several large construction projects in Iran and defended against numerous counterclaims for alleged design defects.
- Obtained a substantial settlement on agreed terms for a U.S. manufacturer that licensed its technology to an Iranian company.
- Obtained a substantial arbitral award for a U.S. aerospace company for breaches of contracts to deliver goods, and for repair services, performed for an Iranian aircraft company.
- Represented a U.S. shareholder in an action for unpaid dividends, equipment rental fees and license fees in an action against an Iranian dairy.
- Acted for provider of satellite-based internet services in claim for breach of network services contract.
Netherlands Arbitration Institute (NAI)
- Prosecuted claim arising from failure of U.S. private equity funds to consummate purchase from Swedish multinational corporation of manufacturing subsidiaries in Italy, Japan and the U.S.
Society of Maritime Arbitrators (SMA)
- Represented a Venezuelan common carrier defending claims for breach of a long term transportation agreement.
- Represented shipping company in arbitration arising out of grounding of vessel in Capetown, South Africa.
Stockholm Chamber of Commerce (SCC)
- Represented an international service company in a management dispute with a foreign circus.
- Defended international insurers with regard to a substantial insurance claim relating to the causes of the failure of the equipment in a new mine in Australia.
- Participated in several different arbitrations under different German arbitral rules including an ad hoc arbitration representing a U.S. company against German counterparts.
- Defense of international insurers in connection with $25 million claim on policy of efficacy insurance relating to construction of waste paper recycling plant.
- Represented English insurers in arbitration of insurance coverage disputes concerning ethanol plant. Contractual arbitration in Toronto, Ontario under Ontario arbitration procedures.
- Represented leading international reinsurer in connection with $100 million claim by U.S. corporation regarding the interpretation of insurance policies, with related class action litigation in the U.S.
- Represented leading international reinsurer against Lloyds’s syndicate concerning long term cover.