Partner, Washington DC
1900 K Street NW
Washington, DC 20006-1108

TEL: 202.496.7523
FAX: 202.496.7756
EMAIL: agreen@mckennalong.com

PROFILE

With 33 years of experience, Allen Green has engaged in extensive litigation and counseling on a wide range of international matters. He represents clients in international arbitration and court litigation, focusing on those involving governmental parties. Allen counsels and represents clients before federal agencies concerning the U.S. government's regulation of exports, including, in particular, the Foreign Corrupt Practices Act (“FCPA”), U.S. export controls, and trade embargoes. He has testified before the Congress on FCPA amendments.  He has worked on all aspects of international government contracting over the years, including foreign military sales, direct “FMF” sales and US AID contracts and regulations. Mr. Green currently heads the firm's International Practice Group.

Representative Matters

• On behalf of U.S. plaintiff/appellant, established jurisdiction in the United States over a foreign entity in an international arbitration award enforcement action under the New York Convention. Faced with a novel issue involving both international arbitration law and Constitutional due process, the Third Circuit adopted a key aspect of the McKenna litigation team's argument on appeal. The Third Circuit reversed the district court and held that "the desire to have portability of arbitral awards" influences a U.S. district court's analysis of personal jurisdiction. The case involved an arbitration award valued at well over $100 million. See Telcordia Tech, Inc. v. Telkom SA Ltd, 458 F.3d 172 (3d Cir. 2006), cert. denied, __ S. Ct. __, No. 06-663, 2007 WL 506053 (U.S. Feb. 20, 2007).

• International Court of Arbitration (ICC) administered arbitration involving a dispute between client, international commercial services provider, and foreign government.  Favorable resolution in matter involving several hundred million euros.

• Represented multinational company in International Centre for Dispute Resolution (ICDR) arbitration of a claim by a foreign consultant against the multinational company.  Resolved favorably.

• Represented a multinational company in U.S. federal court matter involving defamatory statements and interference with business opportunities throughout Europe and the United States.  Secured reversal and remand of the case.  See Jankovic v. International Crisis Group, 494 F.3d 1080 (D.C. Cir. 2007).

• International Chamber of Commerce arbitration involving three consolidated cases, arising under teaming and related agreements between U.S. and European companies, with hearings in London, which resulted in a substantial award on the merits for our client, the claimant.

• Arbitration under ICC rules and Belgian law between a U.S. company and a NATO agency, which resulted in a substantial award on behalf of our client, the U.S. company.

• Arbitration under the United Nations Commission on International Law ("UNCITRAL") rules between a U.S. company, our client, and a Mideast government which resulted in a substantial award on the merits. After the losing party successfully challenged the award in its courts, we obtained a confirmation of the award from a U.S. federal district court, despite its being overturned in the foreign court, and received payment in full. This was a widely-reported case of first impression interpreting the application of the New York Convention in the United States. Chromalloy Aeroservices v. The Arab Republic of Egypt, 939 F. Supp. 907, 913 (D.D.C. 1996).

• Arbitration administered by CEPANI, the Belgian international arbitration institute, between a U.S. buyer, our client, and a German seller, arising under disputes involving post-closing date balance sheet audits. Recovered substantial awards on the merits for our client.

• Representation of a Central Bank in Europe in International Centre for Settlement of Investment Disputes (“ICSID”) arbitration. A claim was brought against the Central Bank, our client, by a “foreign” investor. The ICSID tribunal completely rejected claimant’s case.

• Arbitration administered by Cairo Centre for International Arbitration, in Cairo, between U.S. client and Egyptian government, pursuant to Egyptian law. Settled after institution of proceedings and before final hearings on merits with significant payment to client.

• Counsel for U.S. companies in many U.S. State Department and Commerce Department voluntary disclosures, internal investigations, and government initiated investigations relating to U.S. export controls.

• Represented numerous defense companies in proceedings before and negotiations with Defense Security Cooperation Agency.

• Counsel in first major Justice Department criminal investigation and settlement of Direct Commercial Contract FMF - financial fraud allegations.

• Counsel for U.S. company in first FCPA trial to be dismissed by court prior to going to the jury.

• As long-term General Counsel for American League for Exports and Security Assistance, worked on many Foreign Military Sales (FMS) and Foreign Military Financing (FMF) issues with industry-wide applications.

• Served on an American Arbitration Association panel of experts to evaluate capabilities of neutral arbitrators.