Representative Arbitrations
(as Lead Counsel)
Omega et al. v. Republic of Panama (ICSID): represented Panama in defense of claims for wrongful cancellation of multiple construction projects and abusive criminal investigation.
Genmab A/S v. Janssen (unadministered; two cases, before separate tribunals): represented claimant inventor/licensor in multiple disputes arising under License Agreement with respect to blockbuster monoclonal antibody cancer drug.
Alghanim v. Alghanim (ICC; Geneva seat): represented claimant in disputed dissolution of multiple billion-dollar investments shared by two Kuwaiti brothers.
Rhine Park Holdings Ltd. v. Sasol Polymers International Investments (PTY) Ltd. et al. (ICC; London seat): represented Sasol entities in defense of claims with respect to sale of polymer distribution business.
Opportunity Fund et al. v. Telecom Italia International N.V. et al. (ICC; Paris seat): represented multiple claimants in dispute regarding control of Brazilian telecom networks following their privatization.
Samsung Engineering America Inc. et al. v. Dow-Mitsui Chlor-Akali LLC (ICDR): represented owner in defense of claims for delay and cost overruns by EPC contractor with respect to the construction of a chlor-alkali manufacturing complex in Texas.
ASA Bioenergy Holding A.G. v. Adriano Giannetti Dedini Ometto et al. (ICC; two cases, heard by same tribunal): dispute arising from sugar complex acquisition agreement; handled all post-award proceedings for successful claimant before a re-constituted tribunal and through Second Circuit affirmance, following discovery coincident with issuance of original awards that the tribunal chair’s law firm had multiple undisclosed conflicts.
Dow Chemical Corporation v. Petrochemical Industries Company (ICC; London seat): represented Dow in claim against Kuwaiti state-owned entity following Kuwait’s cancellation of petrochemical company acquisition agreement (largest known arbitration award and award collection - $2.5 billion - at the time).
Travis Coal Restructured Holdings LLC v. Essar Global Limited (ICC): represented respondent in defense of claim on purchase price guarantee with respect to acquisition of coal mining assets.
Molinos Rio de la Plata S.A. v. Saputo Foods Limited (ICC): represented claimant in action for breach of contract with respect to sale of a consortium of Argentine dairies.
Korean Deposit Insurance Corporation v. Hanwha Corporation and Macquarie Life Limited (ICC; Vancouver seat): represented respondents in opposition to KDIC’s attempted recission of its sale of a majority share of Korea’s largest life insurer to Hanwha and Macquarie.
Argentine Political Risk Insurance cases: handled multiple political risk insurance claims by investors following collapse of Argentine peso.
Chemical Overseas et al v. Republic of Uruguay (ICC): represented Credit Suisse in enforcement of stock purchase agreement triggered by failure of Uruguay’s largest private bank ($108 million award). In second case between same parties, before a different ICC tribunal, represented Credit Suisse in establishing banks did not engage in “intentional misconduct” with respect to ownership and management of Uruguay’s largest private bank.
Ceskoslovenska Obchodni Banka, A.S. (CSOB) v. Slovak Republic (ICSID): represented Slovak Republic in defense of claim arising from failure of Czechoslovak state-owned import-export bank following the “Velvet Divorce.”
Sunlife Assurance Company et al. v. Cragwood Manager LLC (f/k/a Unicover LLC) (ARIAS): represented managing broker as respondent in industry-wide dispute regarding retrocession agreements covering worker-accident policies. Also represented Cragwood in multiple associated arbitrations and court proceedings.
Belco Petroleum v. AIG et al. (AAA): represented Belco in claim against insurers on expropriation policy following Peru’s expropriation of Belco’s offshore oil production platforms; won ($170 million award). Also represented Belco in multiple associated arbitrations and court proceedings.
In re Libyan Producers Agreement (Hunt v. Mobil et al.) (AAA): represented Veba Oil AG in industry-wide dispute following expropriation of oil production by Gaddafi government.
Representative Arbitrations
(as Arbitrator)
Shareholder Representative Services LLC v. Acquiror Company (UNCITRAL; sat as chair): post-closing adjustment dispute (confidential).
Wing Subcontractor v. Airframe Manufacturer: dispute concerning wing supply agreement (confidential).
Law Firm Dissolution (AAA): dispute among partners following law firm dissolution (confidential).
MG v. TIAA-CREF (FINRA): employment dispute.
Representative International Litigation Matters
Enforcement of Arbitration Agreements: Alghanim v. Alghanim, 828 F.Supp.2d 636 (SDNY 2011); Oriental Republic of Uruguay v. Chemical Overseas Holdings, Inc., 2006 US Dist LEXIS 2261 (SDNY 2006); Pharmacia & Upjohn Co. v. Elan Pharmaceuticals, 781 N.Y.S. 95 (AppDiv, 1st Dept 2004).
Enforcement of Arbitration Awards: Ometto v. ASA Bioenergy Holding A.G., 12 Civ. 1328 (JSR) (SDNY Jan. 2, 2013), affirmed, No. 12-4022(L) (2d Cir Jan. 7, 2014); GE Transportation S.p.A. v. Republic of Albania, 693 F.Supp.2d 132 (DDC 2010).
Foreign Sovereign Immunities Act: Capital Trans International, LLC v. International Petroleum Investment Company et al., 2013 WL 557236 (MDFla 2013); Janvey v. Libyan Investment Authority, 2012 US Dist. LEXIS 48000 (NDTx 2012), affirmed, 2012 US App LEXIS 11961 (5th Cir 2012).
International Torts: In re Terrorist Attacks on September 11, 2001, 349 F.Supp.2d 765 (SDNY 2005); 462 F.Supp.2d 561 (SDNY 2006); 471 F.Supp.2d 444 (SDNY 2007).
Forum Non Conveniens: Acosta v. JPMorgan Chase & Co., 2006 US Dist LEXIS 3491 (SDNY), affirmed, 2007 US Apps LEXIS 5635 (2d Cir 2007); Garmendia v. O’Neill, 847 NYS2d 563 (AppDiv, 1st Dept. 2007).
Representative Pro Bono Cases
Colvin v. Syrian Arab Republic, No. 16-1423 (ABJ) (DDC): represented Colvin family in obtaining judgment against Syria for the assassination of reporter Marie Colvin.
Faulkner v. Jones et al., 858 F.Supp. 552 (DSC 1994): represented Shannon Faulkner in successful action to require admission of women to The Citadel.