Examples of International Arbitration Experience as Counsel
Matters Involving Foreign States or their Instrumentalities
Defended a global engineering, procurement, and construction company and certain of its affiliates (“EPC Contractor”) in an ICC arbitration initiated by a government-affiliated Brazilian power company to recover up to $250 million in damages resulting from the catastrophic failure of 469 MW combined-cycle power-generation facility built by the EPC Contractor in Paraná, Brazil.
Represented U.S. energy company (the “Buyer”) in a major UNCITRAL arbitration in London that arose when a North African state-owned energy company (the “Supplier”) stopped delivering liquefied natural gas (LNG) under the parties’ long- term contracts. The parties asserted numerous claims against one another under English law, with the LNG Supplier seeking US$2.65 billion in damages due to the Buyer’s alleged breach of its obligation to develop a U.S. market for the Supplier’s LNG, while the Buyer sought over US$50 million for the Supplier’s failure to meet its LNG shipping obligations. After nearly six years of arbitration and several separate multi-week hearings, the tribunal issued an award rejecting the Supplier’s damages claim and granting the Buyer most of its requested damages.
Represented major U.S. defense company in its successful defense of an ICC arbitration brought by the Republic of Korea to recover approximately US$45 million for alleged breach of contract, fraud, and unjust enrichment in connection with a contract to supply military aircraft. After evidentiary hearings in Seoul and Hong Kong, the tribunal cleared the U.S. defense company of any wrongdoing and awarded it a substantial portion of its attorneys' fees and costs.
Advised a major oil company as a leading member of a “Red Team” in preparing for the final hearing in a multi-year investment treaty arbitration in which it sought to recover substantial damages against a host country for its role in facilitating the issuance and attempted enforcement of a fraudulent $9.5 billion judgment against an in-country affiliate.
Represented U.S. energy company in resolving disputes with Pertamina, the Indonesian state-owned energy company, arising from Pertamina's failure to meet its U.S. dollar-denominated payment obligations for geothermal energy in the aftermath of the Asian financial crisis and the devaluation of the Indonesian Rupiah.
Advised U.S. investor in its dispute with the Republic of Honduras under CAFTA and the U.S./Honduran BIT over the government’s treatment of the investor’s sizeable investment in the country’s electricity sector.
Advised major U.S. oil company on its rights and potential remedies under a bilateral investment treaty and several production sharing contracts with a Southeast Asian State in relation to adverse conduct by a State-owned entity and a local government.
Represented oil industry construction and services firm in separate arbitrations before the Iran-U.S. Claims Tribunal in the Hague against the Government of Iran and the National Iranian Oil Company for expropriation of property and breach of state contract. After favorable rulings on key threshold issues, the cases settled with substantial payments to our client.
Successfully advised a major German engineering conglomerate in defeating an emergency application under the ICC Rules seeking to halt the construction of a $4.5 billion hydroelectric plant in West Africa and to transfer management of the project to a company led by the daughter of the country’s former president.
Other International Commercial Arbitrations
Represented major pharmaceutical company seeking to recover over $120 million in an HKIAC arbitration on claims under Hong Kong law that a Taiwanese biotech company and its Chinese affiliate, whose senior officers and consultant were criminally convicted in the United States for misappropriation of another pharmaceutical company's trade secrets, had fraudulently induced the client’s investment.
Represented ICANN in an Independent Review Process (IRP) under the ICDR Rules and ICANN’s Supplementary Rules and Bylaws, relating to its alleged misconduct in administering an ICANN auction and awarding the .WEB top-level domain to the winning bidder for $135 million. The runner up initiated the IRP demanding that the winning bid be disqualified and that ICANN be ordered to award .WEB to it. After proceeding through multiple phases and an evidentiary hearing held virtually during the COVID-19 pandemic, the IRP panel issued a Final Declaration rejecting the claimant’s demands for relief.
Represented a leading Engineering Procurement and Construction ("EPC") contractor in an ICC arbitration against the Chinese owner of a $2 billion mining project in the Peruvian Andes over defective work and overbilling claims in excess of $140 million.
Represented Thai affiliates of U.S. oil company in UNCITRAL arbitration and related Thai court proceedings in defeating claims brought by their Thai workforce supplier seeking over $120 million in damages arising from its termination.
Represented international engineering and construction firm in an SIAC arbitration in Singapore arising from claims alleging defective engineering and procurement services to a mining project in Vietnam, with English and Australian law applying.
Acted for a major oil and gas company in an UNCITRAL arbitration against its joint venture partner for wrongfully diverting well over $150 million of revenue over many years from the parties' LNG business in Trinidad to an affiliate performing services for the joint venture.
Represented a Saudi Arabian company in defeating claims by its U.S. partner in a joint venture to provide leak-detection services and equipment to the Saudi Arabian Oil Company. The arbitration, which was subject to the LCIA Rules and governed by Saudi law, culminated in an evidentiary hearing in London and a favorable award, including the recovery of much of the client’s attorneys’ fees and costs.
Represented major wine and spirits company in obtaining a favorable award for substantial damages in an ICC arbitration against a leading Mexican tequila producer for its alleged fraud in its performance of the parties' cost-plus tequila supply agreement.
Represented wine and spirits company in an ICC arbitration in San Francisco against a West African trading company seeking to recover $40 million in damages arising from the termination of the trader’s distribution contract for Africa and the Middle East.
Represented Japanese trading company and its local affiliate in emergency proceedings under the ICC rules to block termination of Chilean distribution contract with Japanese automaker.
Represented Japanese manufacturer of watercraft engines in ICC arbitration in New York and parallel Mexican litigation against its exclusive distributor in Mexico.
Acted for a leading solar panel manufacturer in an ICC arbitration involving claims by its Taiwanese joint venture partner that their allocation of markets for the sale of the JV’s panels was unlawful and thus invalid under the antitrust laws of those markets.
Represented a California almond producer, processor, and distributor in an ICC arbitration in Paris against the German manufacturer of a cutting-edge industrial pasteurization system that failed to work as claimed by the manufacturer’s agent.
Represented respondents, a major oil company and its affiliate, in an ICDR arbitration in London concerning disputes governed by English law and arising from the affiliate's sale of assets in Nigeria to a close friend of the country’s then President rather than the claimant. After an evidentiary hearing in Madrid, Spain, the tribunal issued an award in respondents favor dismissing the claimant's claims.
Represented a major U.S. food/beverage company in an ICC arbitration brought by a French franchisor to nullify the franchise agreement that authorized the client's multibillion dollar Yoplait yogurt business in the United States. The arbitration, which was governed by French law and venued in New York, was favorably resolved when the client acquired the franchisor in a nearly $2 billion transaction.
Represented U.S. investor-controlled Mexican trust in an ICC arbitration involving a dispute between joint venture partners that derailed their US$250 million resort development project in Baja California, Mexico. The liability phase of the arbitration concluded with an award in the client's favor. After an evidentiary hearing on quantum in New York, the parties entered into a confidential settlement agreement that allowed the client to take the project forward alone.
Represented a prominent Japanese manufacturer of marine equipment in an ICC arbitration against a U.S. company for its repudiation of a long-term agreement for the supply of critical, explosion-proof components for a state-of-the-art ballast-water treatment system. After the arbitration was well underway, the U.S. supplier agreed to pay substantial sums in settlement of the dispute.
Represented U.S. chemical company in an ICDR arbitration arising from its acquisition of a substantial interest in a Taiwanese chemical manufacturing joint venture and the Taiwanese party’s put option to sell its remaining stake in the joint venture to our client for $100 million and the latter’s side agreement requiring a third party to buy the Taiwanese parent’s interest if it exercised the put. When the Taiwanese parent exercised the put, the third party refused to fulfill its obligation to purchase the shares, which resulted in a three-party arbitration under the put option and side agreement. After two separate evidentiary hearings, the U.S. chemical company obtained a net award in its favor, including an award of the lionshare of its attorneys’ fees and costs.
Successfully defended a Silicon Valley medical device company against claims brought against it in an ICC arbitration for its termination of a supplier of radiation equipment components due to defective performance.
Represented a U.S. pharmaceutical company in arbitration in Zurich, Switzerland, under the rules of the German Institute of Arbitration (DIS), in which a German company failed after two evidentiary hearings in Dusseldorf, Germany to terminate the parties’ drug development and license agreement under governing German law.
Represented U.S. chemical company in an ICC arbitration in which its Mexican partner sought indemnification for the joint venture's exposure to criminal and civil antitrust liability in North America and Europe resulting from the client's sales activities on behalf of the joint venture. After extensive briefing and a hearing on the client's application for summary disposition, the tribunal issued a partial award dismissing all but two of the claimants' 15 claims, including those seeking nearly all of its damages. The case quickly settled without any payment from the client.
Represented leading Japanese trading company in an ICC arbitration in Los Angeles, California arising from the parties' license and distribution agreements. After extensive evidentiary hearings, the tribunal issued a final award in the trading company’s favor, dismissing claimant's trade secret and related claims seeking approximately US$40 million in damages and awarding the trading company a broad injunction and more than US$8 million in damages, attorneys' fees, and costs on its counterclaims for copyright infringement and breach of contract. Enforcement proceedings in U.S. court resulted in a favorable settlement.
Represented Asian affiliate of U.S. entertainment company in an ICC arbitration against a Taiwanese distributor that was seeking, in the arbitration and in related judicial and regulatory proceedings in Taiwan, to establish its wrongful termination and entitlement to damages of nearly $25 million. After the client obtained an expedited partial award determining that it had lawfully terminated the parties' distribution agreement, it favorably settled the arbitration and related proceedings without any payment.
Successfully defended a Japanese manufacturer of industrial air-compressors in an ICC arbitration in Paris, France brought by its French licensor under Japanese law to obtain substantial damages and an injunction that would have closed one of the company's main businesses.
Represented a leading Japanese steel company in an arbitration under the International Rules of the American Arbitration Association concerning a US$20 million claim for breach of a contract to supply manufactured items to the Japanese market. The matter settled favorably on the eve of the hearing.
Represented a Japanese chemical company in federal court litigation and related arbitration before the Japan Commercial Arbitration Association in Osaka, concerning a patent-license dispute with a U.S. company. The Japanese company was ultimately successful in enforcing its patent rights, obtaining both a court enforced consent decree against future use of the patented technology and the payment of substantial back royalties.
Represented a U.S. mining equipment manufacturer in ICC arbitration in which the Australian respondent asserted antitrust counterclaims seeking nearly US$2 billion in damages. The client defeated those counterclaims in their entirety and received an award of its costs and attorneys' fees.
Represented Japanese manufacturing company and its U.S. and English affiliates in first arbitration under the WIPO Arbitration Rules against an Israeli corporation concerning claims and counterclaims over the validity and infringement of numerous patents which together sought over $400 million in damages.
Represented U.S. commodities trader in two ad hoc arbitrations in Stockholm against a Russian state-owned entity involving a series of claims under a uranium-supply contract. The client prevailed on all claims in both arbitrations, establishing its entitlement to purchase optional quantities of enriched uranium at contract prices well below the market prices demanded by the seller, thereby eliminating a US$1 billion exposure.
Acted for a French manufacturer in a major ICC arbitration involving various disputes with an American subcontractor on a US$4.5 billion military procurement program, including the subcontractor's claim for a US$114 million equitable adjustment in the fixed contract price. After completing multiple phases in the arbitration and a two-week evidentiary hearing in Washington D.C., the French manufacturer defeated that claim and obtained a substantial award in its favor.
Successfully defended the U.S. subsidiary of a Korean conglomerate in an arbitration in Kuala Lumpur brought by a Malaysian company for breach of contract under English law.
Represented English computer company in an ICC arbitration involving a dispute under a contract for the development of network computers.
Defeated application for interim measures in ICC arbitration seeking to oust wind-farm developer from its role as balance-of-plant subcontractor through purported exercise of the general contractor’s step-in rights under New York Law.