Education
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Harvard Law School, J.D., 1978
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Oberlin College, with honors, Phi Beta Kappa
Bar Admissions
Clerkships
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Hon. Frank J. Battisti, Chief Judge,
U.S. District Court for the Northern District of Ohio,
1978
- 1979
Court Admissions
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U.S. Supreme Court
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U.S. Court of Appeals for the Federal Circuit
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U.S. Court of Appeals for the 6th Circuit
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U.S. Court of International Trade
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D.C. Circuit Court of Appeals
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D.C. District Court
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Ohio Northern District Court
Awards and Honors
- Former Chair, ABA Section of International Law
- Chambers USA, Recognized as “extremely accomplished” and a “Notable Practitioner”
- Recognized as “pre-eminent commercial arbitration expert in the world” by Euromoney’s “Guide to the World’s Leading Expert in Commercial Arbitration"
- International Who’s Who of Commercial Arbitration
- Arbitration Chapter, International Who’s Who of Business Lawyers
- Recognized as Star in Washington, D.C., by Benchmark: Litigation Guide to America’s Leading Litigation Firms and Attorneys (5th Ed.)
- Chambers Global, Band 1 for “International Trade: FCPA Experts”
- Chambers Global, Band 2 for “International Trade: Export Controls and Economic Sanctions”
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Ken Reisenfeld chairs Patton Boggs’ International Arbitration Practice and plays a key role in the Firm’s international trade, sovereign representation, energy sector, defense, technology and national security practices.
Since graduating from Harvard Law School in 1978, Mr. Reisenfeld has represented leading U.S. and foreign corporations and governmental entities in the arbitration of complex international commercial, pharmaceutical, technology, investment, construction, energy, M&A, franchise and public international law disputes before tribunals throughout the world, including the International Chamber of Commerce Court of Arbitration, the London Court of International Arbitration, the American Arbitration Association’s International Centre for Dispute Resolution, the World Bank-affiliated International Centre for Settlement of Investment Disputes, the Iran-United States Claims Tribunal, the Netherlands Arbitration Institute, the Chinese International Economic and Trade Arbitration Commission and in state-to-state ad hoc proceedings. Mr. Reisenfeld serves on the panel rosters for a number of arbitral institutions and he has been appointed to serve as panel chairman, sole arbitrator and wing arbitrator in arbitrations. He also was appointed by the U.S. Trade Representative to serve on Binational Panels under NAFTA and the U.S.-Canada Free Trade Agreement.
In addition to his extensive international arbitration experience, Mr. Reisenfeld has for over 30 years represented leading technology, energy sector, defense industry and manufacturing sector clients in compliance investigations, enforcement actions and international disputes relating to international trade and investment regulations, such as export controls, economic sanctions and embargoes, Exon-Florio reviews, antiboycott laws, U.S. Foreign Corrupt Practices Act and international corruption issues.
Mr. Reisenfeld, a former Chair of the American Bar Association’s 20,000-member Section of International Law, has represented the ABA on the decision-making Council of the International Bar Association and has served on the U.S. Department of State’s Advisory Committee on Public International Law, the Executive Committee of the Institute for Transnational Arbitration and as Senior Adviser to the ABA’s International Arbitration Committee, which he previously chaired. A co-author of the ABA/AAA Code of Ethics for Arbitrators (2004), Mr. Reisenfeld is often called upon to participate on professional boards and arbitration institution panels that draft the rules for resolving disputes through international arbitration. He presently serves on the IBA’s Task Force on Counsel Ethics in International Arbitration and the Advisory Board of the ITA.
Before joining Patton Boggs, Mr. Reisenfeld was a partner at King & Spalding. He previously led the International Arbitration Practice Group at Haynes and Boone, and founded that firm’s Washington, DC office. Prior to joining private practice in 1981, Mr. Reisenfeld was a judicial law clerk to U.S. District Court Chief Judge Frank J. Battisti and served in the office of the U.S. Attorney Generals at the U.S. Department of Justice, where he assisted in the creation of the Iran-United States Claims Tribunal.
Representative International Arbitration and Litigation Experience
Sovereign Entities and Investment Treaty Claims
- On behalf of a British company, currently pursuing both an ICSID investment claim and a commercial arbitration case sited in Dublin, Ireland, seeking over $500 million in damages against a South Asian governmental entity.
- On behalf of a U.S. Company, currently seeking recognition and enforcement in U.S. and Honduran Courts of a $50+ million UNCITRAL award issued by a arbitration tribunal in Honduras against a body of the Republic of Honduras.
- Represented the Overseas Private Investment Corporation (“OPIC”), a U.S. Government agency, in an unprecedented state-to-state investment arbitration proceeding against the Government of India stemming from the Indian Government’s expropriation of the $3 billion dollar Dabhol power plant which resulted in a settlement whereby India paid OPIC one-hundred percent of its claims and paved the way for quarterly Deputy Secretary-level talks between the two governments.
- Advised a U.S. government entity with respect to potential investment claims against the Bolivarian Republic of Venezuela.
- Defended the Republic of France under the Foreign Sovereign Immunities Act against an unsuccessful attempt in U.S. District Court to attach the Embassy’s bank account in Washington, D.C.
- Represented large U.S. companies, such as Time, Inc., ITT and Reynolds Metals, Inc., in a number of significant expropriation claims before the Iran-U.S. Claims Tribunal, including claims exceeding $200 million.
Complex Commercial Disputes
- Represented a major North American transportation company in an ICC arbitration against DaimlerChrysler Rail Systems GmbH (Adtranz) and Bombardier Transportation GmbH, involving misrepresentations made during the acquisition of a substantial European business; successfully used the arbitration process and a related mediation to conclude an amicable commercial settlement between the parties.
- Successfully defended Outback Steakhouse, a global food and beverage company, in Argentine and U.S. courts against recognition and enforcement of a $100 million ICC arbitration award.
- Represented Mitsui Mining and Smelting Corporation, a large Japanese mining, transportation and distribution company, and its subsidiaries in trade, commercial, construction and investment disputes in United States and foreign courts and before international arbitral tribunals.
- Successfully defended Jet Airways, the second largest Indian airline, in U.S. courts and obtained summary judgment dismissal on grounds of failure of service of process and jurisdiction.
- Represented a large Dutch equipment manufacturer in a breach of contract action against its U.S. distributor in arbitration proceedings before the Netherlands Arbitration Institute, resulting in a multi-million dollar judgment against the U.S. distributor.
Energy Sector Disputes
- Assisted foreign counsel in a significant ICC arbitration involving breach of contract and construction claims brought by a foreign joint venture against a state-owned oil company relating to construction of a $1.5 billion petroleum refinery and pipeline in Mexico.
- Developed a long-term strategy for a major E&P company in an effort to avoid expropriation of its energy assets in Latin America.
Technology/Pharmaceutical/Intellectual Property Disputes
- Successfully defended a medical device technology leader against “bet-the-company” patent infringement and royalty claims in an arbitration case before the German Arbitration Institute (DIS).
- Successfully defended a global pharmaceutical company in a $50 million licensing dispute arbitrated under the rules of the World Intellectual Property Organization (WIPO).
- Represented a global brand-name franchisor in an international arbitration against a franchisee involving contract and intellectual property claims totaling in excess of $170 million.
- Defended a large German technology manufacturing company by quashing service of process and obtaining dismissal of Florida state case claiming breach of warranty and fraud and seeking millions of dollars in compensatory and punitive damages.
- Defended a large German technology company -- a subsidiary of Daimler AG -- in state and federal court litigation over a technology development and marketing agreement and obtained full dismissal of all claims.
Service as an Arbitrator
- Served as an arbitrator in NAFTA, Chapter 19 proceedings (“In the Matter of Fresh Cut Flowers from Mexico” and “In the Matter of Pure Magnesium From Canada”) and as chairman, sole arbitrator and wing arbitrator in various commercial, contract, construction and investment disputes.
Professional Affiliations:
Professional Affiliations
- U.S. Secretary of State’s Advisory Committee on International Law (served two terms)
- Former Member, Executive Committee, Institute for Transnational Arbitration, Center for American and International Law
- American Bar Association
- Former Chair, ABA Section of International Law
- ABA Taskforce on Draft Disclosure Guidelines for Arbitrators
- ABA Task Force on the ABA/AAA Code of Ethics for Commercial Arbitrators
- Former Chair, ABA International Commercial Arbitration Committee
- International Bar Association
- Former Councilor representing the American Bar Association
- IBA Task Force on Counsel Ethics in International Arbitration
- IBA International Commercial Arbitration Committee
- International Law Institute, Advisory Committee on ADR
- OFAC Group
- Arbitration Panel Rosters and Appointments for a number of international arbitration institutions
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