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Representative Experience |
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| We handle all aspects of this field, with an unusually diverse range of subject matters. Although our ability to speak of specific arbitrations is limited by confidentiality obligations, the following is a representative sample of the practice's recent international arbitration experience.
- Automobile Manufacturer Arbitration. We represent a major automobile manufacturer in an ICC arbitration against the company to which it outsourced production of a new model vehicle. The vehicle’s sales did not meet expectations, and the parties dispute responsibility for that failure and the allocation of loss. A hearing is scheduled in London in August 2009.
- Airlines Reservation System Arbitration. We represent a major airline in an ICC arbitration against its reservations system provider. The dispute concerns the level of functionality the provider owes under an Information Technology services agreement.
- NAFTA Violations Arbitration. We represented a manufacturer in an investor-state arbitration against Mexico. Our client claims that Mexico adopted tax and import measures that violated several provisions of NAFTA by favoring domestic suppliers of sugar over similarly situated foreign suppliers of high fructose corn syrup, thereby driving the high fructose corn syrup suppliers, including our client, out of the Mexican market for five years. Our client is seeking substantial damages for the cash flows of which it was deprived by the Mexican measures. The final hearing concluded in October 2007 before a panel of three arbitrators at the International Centre for Settlement of Investment Disputes in Washington, DC. A decision is pending.
- Hong Kong Construction Arbitration. We represented our clients in a five-week-long arbitration hearing at the Hong Kong International Arbitration Centre involving complex claims related to extensions of time, loss and expense, and allegations that time had been set at-large. The arbitration was decided significantly in favor of our clients and the contractor's subsequent appeal was dismissed. Enforcement proceedings led to substantial recovery of a HK$150 million claim.
- Spanish Medical Products Distributor and Manufacturer Arbitration. We represented a Spanish medical products distributor in an arbitration against a US medical products manufacturer before the London Court of International Arbitration. Our client claimed that the manufacturer breached the exclusivity provisions of the parties' distribution agreement. After a hearing in London, a panel of three European arbitrators found that the respondent had breached the agreement and awarded our client substantial damages as well as attorneys' fees and costs.
- Aircraft Industry Manufacturer Arbitration. We represented a German IT systems provider in an arbitration with a Scandinavian aircraft engine testing company. The latter had ordered a technologically novel testing system developed by our client. When the system failed to meet specified benchmarks and the project fell substantially behind schedule, the testing company canceled the contract and filed arbitration claims against our client under the ICC Rules. We prepared a defense that placed responsibility on the claimant for the delays. In particular, we showed that the claimant failed to provide our client with stable user requirements, proper engine and facility interface data, and reliable engine test procedures and acceptance criteria. After a two-week arbitration hearing in Amsterdam, the tribunal ruled in favor of our client by rejecting the testing company's claims in full.
- Investor-State Arbitration Mining Equipment Arbitration. We represented an EU mining equipment manufacturer in an investor-state dispute against a Middle Eastern country. The claim was based on violations of the bilateral investment treaty between the Middle Eastern country and the EU country and was arbitrated at the International Centre for the Settlement of Investment Disputes. The claim arose out of a contract between the manufacturer and a Middle Eastern state-owned company for the design, installation, and testing of a longwall mining system. The case settled on terms favorable to our client.
- Investor-State Oil and Gas Arbitrations. We represented the government of Turkmenistan and several state-owned oil and gas entities in three arbitrations initiated by a group of Argentine oil companies before the ICC. The arbitrations arose out of two oil and gas joint ventures between the group and Turkmenistan’s state-owned entities. Principal issues included jurisdiction over non-party governmental entities, counterclaims for breaches by claimants and the quantum and appropriate methodology for addressing claimants' demand for more than US$3.5 billion in damages for stranded gas in Central Asia.
- Jordanian Chemical Production Arbitration. We represented a Jordanian owner in a chemical production EPC contract involving ICC arbitration proceedings governed by Jordanian law, with a seat in Amman, with the claim and counterclaim involved exceeding US$400 million. The project at issue suffered from major delays, claims for extensions of time, and change orders totaling more than US$100million. Our client defeated all claims brought against it and prevailed on its counterclaim, obtaining a multi-million dollar interim award.
- Thai Construction Arbitration. We represent a consortium of contractors, including a UK utility company, against the Bangkok Metropolitan Administration with respect to a dispute involving the design and construction of a wastewater network and treatment plant.
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