Representative Matters as Arbitrator:

  • SIAC arbitration: Co-arbitrator in a dispute between parties from China, Aruba and the U.S. and also the Government of the Lao People’s Democratic Republic relating to the settlement of prior arbitrations

  • ICDR arbitration: Co-arbitrator in a dispute between parties from Hong Kong and Brazil relating to an exclusive marketing agreement

  • ICC arbitration: President of Tribunal in a dispute between parties from Israel and China relating to a shareholders agreement

  • Ad hoc arbitration: Presiding arbitrator in a dispute under the UNCITRAL Arbitration Rules between parties from Japan and Taiwan relating to a patent license agreement

  • ICC arbitration: Co-arbitrator in a dispute between parties from the U.S. and Spain relating to an asset purchase agreement

  • AAA arbitration: Co-arbitrator in a dispute between parties from the U.S. relating to a product development agreement

  • ICC arbitration: Chair of Tribunal in a dispute between parties from South Korea and the U.S. arising from an asset purchase agreement

  • ICC arbitration: Chair of Tribunal in a dispute between parties from Mexico and China arising from a commodity sale contract

  • ICDR arbitration: Chair of Tribunal in a dispute between parties from India and U.S. relating to a services agreement

  • ICC arbitration: Co-arbitrator in a dispute between parties from Venezuela, U.S., Canada and Germany relating to a construction project

Representative Matters as Counsel in International Arbitration Disputes:

Construction Disputes

  • Ad hoc and ICC arbitrations:  Represented a U.S. hotel builder and operator in two parallel arbitrations relating to delays and cost overruns in the construction of an international hotel project in Panama.  The ad hoc arbitration (which was ordered by the Panama Supreme Court) applied Panama law to the claims, and the ICC arbitration applied Maryland law. 

  • KLRCA arbitrations:  Represented a U.S. hotel builder and operator in seven related  arbitrations based on seven contracts with an Indian company for the construction and operation of a luxury hotel in New Delhi, India.  The dispute included the question of whether the arbitrations could be consolidated.  The contracts were governed by Indian law. 

  • AAA arbitrations:  Represented the U.S. subsidiary of a Japanese construction company in multiple construction disputes arising from commercial and industrial projects in the United States.  These disputes were based on construction contracts governed by the law of various states of the United States.

Corporate Transaction Disputes

  • Ad hoc arbitration:  Represented a U.S. purchaser of assets in a purchase price adjustment arbitration before an accounting expert. 

  • Ad hoc arbitrations:  Represented a German life sciences company in the acquisition of another life sciences company in the United States and in the arbitrations that followed relating to tax and regulatory issues under the transaction agreements governed by New York law.

  • ICC arbitration:  Represented the Italian and Netherlands purchasers of shares in a Mexican company in claims against the Mexican seller of the shares and its affiliates for breach of representations and warranties in the share purchase agreement and for fraud based on Mexican law.   

  • ICDR arbitration:  Represented the Chilean seller of a business in a dispute with the Argentine purchaser relating to representations and warranties in the sales agreement governed by Chilean law.

Distribution Disputes

  • ICC arbitration:  Represented a U.S. food and beverage company in a dispute with a German manufacturer and distributor arising from the termination of the parties’ cooperation agreement governed by Swiss law.

  • ICC arbitration:  Represented the U.S. distributor of bicycle products in a dispute with the French manufacturer arising from the termination of the distribution agreement governed by New York law.

Energy/Oil and Gas Disputes

  • Ad hoc arbitration:  Represented the BVI/Chinese owners/operators of an oil project in Africa in a dispute with a U.S. party relating to the meaning and scope of a net profits interest.  The arbitration involved a two-week hearing conducted using a remote hearing platform. 

  • LCIA arbitrations:  Represented a Mexican government-owned electricity producer in two LCIA arbitrations with U.S. parties relating to the operation of a natural gas pipeline system.  

  • ICC arbitrations:  Represented four Singaporean EPC contractors in four separate arbitrations (administered together) against four Dutch parties alleging breaches of the four EPC contracts governed by New York law.  These contracts provided for the construction and sale of oil drilling rigs for use in Brazil. 

  • ICC and LCIA arbitrations:  Represented a Caribbean national oil company in two arbitrations relating to a failed joint venture to construct and operate a gas-to-liquids project. Both arbitrations resulted in awards that were confirmed by a federal court in New York.

  • ICC arbitrations:  Represented a Qatari LNG producer in a series of contract sales price review disputes under long-term LNG supply contracts with purchasers in Europe and in the resulting arbitrations. 

  • ICC arbitrations:  Represented a Korean national oil company in two arbitrations arising from disputes concerning a joint venture to explore for oil in Siberia.

Financial Institutions Disputes

  • ICC arbitration:  Represented a subsidiary of a U.S. global financial institution and a German global financial institution in an arbitration with a South American sovereign for breach of contract governed by New York law arising from the failure of a local South American bank.  The award was confirmed by a federal court in New York.

  • ICC arbitration:  Represented a subsidiary of a U.S. global financial institution in an ICC arbitration against a South American sovereign in which the sovereign alleged intentional misconduct by the foreign shareholders and directors of a local South American bank based on an agreement governed by New York law.  The award was confirmed by a federal court in New York.

Investment Treaty Disputes

  • ICSID arbitration:  ICSID Case No. ARB/07/6, Tza Yap Shum v. Republic of Peru.  Represented the Government of Peru in the first dispute commenced by a Chinese investor under the China-Peru bilateral investment treaty. 

Patent Licensing Disputes

  • AAA/ICDR arbitration:  Represented an Asian telecommunications equipment manufacturer in an arbitration with a Swedish telecommunications equipment manufacturer regarding the FRAND terms of a license for a patent portfolio of standard essential patents governed by New York law.

  • AAA/ICDR arbitration:  Represented an Asian telecommunications equipment manufacturer in an arbitration with a U.S. licensor of patents involving claims of fraud in the inducement and breach of contract with respect to a patent license agreement governed by New York law.

Sale of Goods Disputes

  • ICC arbitration:  Represented a Chinese manufacturer of electronic products in an arbitration with a U.S. purchaser regarding alleged product defects based on a contract governed by New York law. 

  • ICC arbitration:  Represented a Brazilian purchaser of turbines in a dispute with the U.S. manufacturer based on a New York law governed contract. 

  • AAA arbitration:  Represented a Japanese manufacturer of testing equipment in a dispute with a U.S. purchaser regarding the quality of the equipment (and in parallel litigation). 

Shareholder Disputes

  • ICC arbitration:  Represented a Netherlands shareholder and its Italian parent company in a dispute with the other shareholders of a Brazilian holding company under a shareholders agreement governed by Brazilian law relating to control of a major Brazilian telecommunications provider.   

  • ICC arbitration:  Represented a Thai shareholder in a dispute with the majority shareholder of a mobile telecommunications company under a shareholders agreement governed by Thai law.

Transportation Disputes

  • ICDR arbitration:  Represented Bulgarian and Latvian companies in a dispute regarding the transportation of food products to Afghanistan.   

 Lawsuits against Arbitral Institutions and/or Arbitrators:  

  • Counsel for the ICC International Court of Arbitration in a lawsuit brought by a Mexican party seeking to prevent a sole arbitrator in a Mexico City seated arbitration from rendering an award. 

  • Counsel for the ICC International Court of Arbitration and sole arbitrator in a lawsuit to recover damages brought by the losing party to an ICC arbitration. The judicial decision was reported:  Landmark Ventures, Inc. v. Cohen, 2014 WL 6784397 (S.D.N.Y. 2014). 

  • Counsel for the ICC International Court of Arbitration in a lawsuit brought by a party to an ICC arbitration challenging the ICC Court’s Rule 6(2) determination as to the prima facie existence of an agreement to arbitrate.  The judicial decision was reported:  Global Gold Mining, LLC v. Robinson, 533 F. Supp.2d 442 (S.D.N.Y 2008). 

Representative Matters as Counsel in Arbitration Award Enforcement Proceedings:

  • Counsel in three separate arbitral award enforcement proceedings brought in federal court in Washington, D.C. against the Government of Belize. All of these proceedings resulted in the confirmation of the arbitration awards.  Those decisions were then affirmed on appeal to the U.S. Court of Appeals for the D.C. Circuit and petitions for certiorari to the U.S. Supreme Court were denied. 

Representative Litigation Cases involving International Disputes:

  • Counsel for a U.S. financial institution in cases filed in state and federal court in New York arising from the failure of Latin American financial institution. 

  • Counsel for a U.S. financial institution in a dispute pending in federal court in New York arising from an alleged breach of a joint venture agreement governed by New York law relating to a project in Mexico. .

  • Counsel for a U.S. oil and gas company in a lawsuit alleging human rights violations arising from the construction of a natural gas pipeline in Myanmar.

  • Counsel for a European satellite operator in a lawsuit alleging contract and tort claims under U.S. law.

  • Counsel for a foreign minority shareholder in a Cuban telecommunications company in resisting a writ of attachment obtained to enforce a judgment owed by the Government of Cuba. 

  • Counsel for a Japanese construction company in a lawsuit filed in the U.S. alleging contract, tort and statutory claims relating to the development of a resort in Malaysia.