INTERNATIONAL DISPUTE RESOLUTION: DESCRIPTION

International Commercial Arbitration

As the number of the international commercial disputes grows, more and more companies are turning to arbitration as a means to resolve the differences.  International commercial arbitration allows parties to settle their disputes by using one or more arbitrators instead of courts.  These arbitral awards tend to be recognized by most foreign courts, and the decisions are usually binding.  International commercial arbitration allows companies to avoid possible long, complicated and expensive trials in foreign courts with potentially unenforceable decisions.  Arbitration also provides a level of confidentiality which is not found in litigation.

We have extensive international commercial arbitration experience before all major arbitral institutions, such as the International Chamber of Commerce's International Court of Arbitration; the London Court of International Arbitration (LCIA); the International Centre for the Settlement of Investment Disputes (ICSID); the American Arbitration Association (international rules); the Inter-American Commercial Arbitration Commission; regional centers such as CEPANI in Brussels and Latin American institutions.  We have managed many ad hoc arbitrations under the United Nations Commission on International Trade Law (UNCITRAL) rules.  Our lawyers regularly counsel international companies on the appropriate language for arbitration clauses in their contracts.

Representative Matters

• Administered arbitration by CEPANI between a U.S. buyer and a German seller, arising under disputes involving post-closing date balance sheet audits. Recovered substantial awards on the merits.
• Administered arbitration 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.
• Administered 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.
• Administered International Chamber of Commerce arbitration between a U.S. client and a French company arising under defense industry development agreements and contracts. Successfully defended large claims on merits.
• Administered ad hoc arbitration between a U.S. company and a NATO agency, which resulted in a substantial award on behalf of the client.
• Administered ad hoc arbitration representing a U.S. software company against claims brought by an Argentinean company alleging wrongful termination of a business partner agreement in Latin America and involving both U.S. and Argentinean law.  Confidential settlement.
• Successfully obtained ad hoc arbitration award on behalf of a Finnish contractor in a dispute with a structural steel subcontractor on an industrial construction project and successfully represented the Finnish contractor in subsequent state court proceedings seeking enforcement of arbitration award. 
• Represented a Central Bank in Europe in ICSID arbitration. A claim was brought against the Central Bank by a “foreign” investor. The ICSID tribunal completely rejected claimant’s case.
• Represented an Eastern European Central Bank in a proceeding before ICSID brought by a U.S. claimant.
• Represented a U.S. company involved in an International Chamber of Commerce matter in Greece against a governmental entity. 

International Litigation

Disputes in today’s global business environment often involve, in the absence of binding arbitration agreements, national court litigation in foreign courts and multiple national court litigation.  The lawyers of our International Litigation practice group have substantial experience in all stages of international dispute resolution, including claims formation, negotiation strategies, representation before U.S. and foreign regulatory agencies, and litigation of international disputes in foreign and U.S. courts.  We provide value-added management in foreign court litigation by working with clients’ local counsel and our established network of worldwide counsel to obtain the client’s goals in a seamless, cost-effective fashion. 

We have extensive experience in actions under the New York Convention for the enforcement of foreign arbitral awards in the United States and in other countries.  New York Convention enforcement cases are unique in terms of the substantive law and procedure, and require particular capabilities and experience.  By way of example, we represented a U.S. company enforcing an Egyptian arbitration under the UNCITRAL rules in the U.S. courts which resulted in the first award ever enforced in the U.S. despite being set aside in the court of the foreign situs (Chromalloy Aeroservices v. The Arab Republic of Egypt).  We represented another U.S. company in a recent significant favorable decision in the Third Circuit. 

In addition, attorneys in our Brussels office represent multi-national companies in several competent regulatory and trade cases that are currently pending before the European Court of Justice, the Court of First Instance and the EFTA (European Free Trade Association) Court.  To date, our office has established a reputation as a leading office in regulatory negotiation and litigation in the area of chemicals, pesticides, biocides and cosmetics.

Representative Matters

• Represented a Fortune 500 company, 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 MLA 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).
• Successfully represented client in an arbitration under the UNCITRAL rules between an American company 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.  See Chromalloy Aeroservices v. The Arab Republic of Egypt, 939 F. Supp. 907, 913 (D.D.C. 1996).
• Represented a Serbian businessman in defamation case brought against a major think-tank, stemming from false statements linking him and his companies, among other things, to illegal weapons trade, money laundering, and the notorious war criminal, Slobodan Milosevic.  Recently secured victory at the U.S. Court of Appeals for the D.C. Circuit remanding the case for trial.
• Managed litigation in a U.A.E. court involving a dispute over a joint venture.
• Acted as counsel for U.S. companies in State Department voluntary disclosures, internal investigations and government initiated investigations.
• Represented numerous defense companies in proceedings before and negotiations with Defense Security Cooperation Agency.
• Acted as lead counsel in first major Justice Department criminal investigation and settlement of Direct Commercial Contract financed with FMF funds - financial fraud allegations.
• Worked on numerous Foreign Military Sales (FMS) and Foreign Military Financing (FMF) issues with industry-wide applications as long-term General Counsel for American League for Exports and Security Assistance.

International Mediation

Mediation is a private, informal process that allows the intervention of an impartial third party in a dispute.  The mediator assists the disputants in reaching their own mutual agreement concerning their differences, rather than recommending a settlement.  Mediation offers many of the same benefits as arbitration (e.g., confidentiality, flexibility), but may be even quicker and cost-efficient.  Moreover, it may increase satisfaction with the outcome since, by definition, both parties will have agreed to it.  This may, in turn, better preserve an existing business relationship.

As the trend of using mediation has grown, most international dispute resolution institutions have developed and revised their rules to include the option of mediation.  Our attorneys are experienced in all aspects of mediation and how each of the organizations incorporates it into their rules.  By working closely with members of our International Commercial Arbitration practice, we can provide our clients with a full-range of international dispute resolution options, allowing them to choose the best choice for each matter that arises.