Practice Areas :
Patton Boggs’ International Arbitration Practice offers expertise, veteran experience and a proven track record for resolving complex international commercial, investment and treaty disputes involving sovereign entities or U.S. and foreign corporations. With more than three dozen arbitration practitioners operating out of eight of the firm’s nine offices, we provide a results-oriented, teamwork-driven, culturally-sensitive and inter-disciplinary approach to the resolution of international disputes through structured negotiations, mediations and arbitrations.
Breadth of Experience. Our arbitration partners have represented clients in cases before or serve as arbitrators of tribunals around the world, including the International Chamber of Commerce International Court of Arbitration (ICC); London Court of International Arbitration (LCIA); American Arbitration Association’s International Centre for Dispute Resolution (ICDR); World Bank-affiliated International Centre for Settlement of Investment Disputes (ICSID); Permanent Court of Arbitration (PCA); World Intellectual Property Organization (WIPO); Chinese International Economic and Trade Arbitration Commission (CIETAC); Netherlands Arbitration Institute (NAI); German Arbitration Institute (DIS); Arbitration Institute of the Stockholm Chamber of Commerce (SCC); Dubai International Arbitration Centre (DIAC); Abu Dhabi Commercial Arbitration Centre; Chartered Institute of Arbitrators; and the Iran-U.S. Claims Tribunal, among others.
Sovereign Representation, Public International Law and Investment Treaty Claims. Building upon our firm’s long history of sovereign representation and taking advantage of our team of former U.S. Ambassadors and senior government officials, we have the capacity and proven record of representing sovereigns, sovereign-controlled entities and sovereign wealth funds in investor-state and state-to-state arbitrations and federal court litigation involving commercial, trade, public international law, Bilateral Investment Treaty and Foreign Sovereign Immunities Act issues. Our attorneys also frequently successfully represent U.S. and foreign companies advancing expropriation, national treatment, most favored nation (MFN) treatment, and minimum standard of treatment claims against sovereign entities before international tribunals and in U.S. courts.
Industry-Focused Commercial Arbitration. Partnering with our colleagues with substantive industry-specific expertise, our international arbitration practitioners have substantial experience litigating international arbitration cases involving leading oil and gas, technology, pharmaceutical, franchising, infrastructure, construction, transportation, project finance, financial services, and M&A clients.
Global Practice, Local Cultural Sensitivities. Because Patton Boggs has been active in international transactions and disputes for nearly five decades, we enjoy solid working relationships with established local counsel in most strategic markets of the world and are sensitive to the cultural and business nuances of each country and region, enabling us to navigate adeptly the complexities of international arbitrations, whether a dispute arises under a common law or civil law regime.
Broad Range of Dispute Resolution Services Including Risk Management. We help clients manage the risks of international disputes by undertaking litigation risk audits, counseling on risk prevention, and guiding clients in structuring deals to take advantage of investment treaty (BIT, ICSID and ECT) protections and to adopt carefully drafted dispute resolution clauses for their contracts. When a dispute arises, we work closely with in-house counsel to undertake an early case assessment and implement a cost-effective dispute resolution strategy, which may include escalating alternative dispute resolution mechanisms.
Ancillary Court Actions. We regularly represent clients in ancillary proceedings in the U.S. courts and around the world relating to international arbitrations, often involving motions to compel arbitration or recognition and enforcement of arbitral awards. In addition, we have substantial experience with pre-arbitration attachment of assets and post-award execution. We often partner with leading asset recovery investigation consultants to achieve maximum success.
Leading Practitioners. Our clients’ success is enhanced by the stature and professional activities of our arbitration practitioners. Our practice group includes lawyers who serve as arbitrators for leading arbitral institutions and are top rated by industry publications, including Chambers USA, Chambers Global, International Who’s Who and Euromoney. Our lawyers are often called upon to chair or speak at major international arbitration conferences around the world. We also have been actively involved in the development of the rules governing the global arbitral community through leadership of the American and International Bar Associations. For example, the chair of the firm’s International Arbitration Practice, Kenneth B. Reisenfeld, who is a former chair of the ABA Section of International Law and Councilor of the IBA, assisted in the creation of the Iran-United States Claims Tribunal and co-authored the AAA/ABA Code of Ethics for Arbitrators (2004), which governs hundreds of thousands of arbitrations each year.
Representative Matters of Our Partners
Disputes Involving Sovereign Entities or Investment Treaty Claims
- On behalf of a British company, we are 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, we are 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 Dabhol power plant, resulting in a settlement whereby India paid OPIC 100 percent of its claims and paved the way for quarterly Deputy Secretary-level talks between the two governments.
- On behalf of the military of a major foreign power, secured dismissal of litigation that attempted to bypass mandatory arbitration of disputes under a defense procurement contract. We also arbitrated the underlying dispute, and litigated cutting edge issues involving enforcement of the award under the New York Convention.
- On behalf of an oil company, obtained a significant award in a Stockholm Chamber of Commerce proceeding against the Republic of Kazakhstan involving claims of expropriation under the U.S.- Kazakhstan bilateral investment treaty and claims of breach of a production sharing agreement.
- On behalf of the Government of Dubai, defeated U.S. enforcement of a $25 million non-New York Convention award that had been nullified by a Dubai court. Department of Civil Aviation of the Government of Dubai v. International Bechtel Company, Ltd., 360 F. Supp. 2d 136 (D.D.C. 2005).
- Led a successful effort to identify, freeze and recover substantial assets of the Government of Qatar from former government officials, including international coordination in multiple jurisdictions, coordination with parallel criminal prosecutions, and a worldwide forensic accounting project in support of the successful settlement of the dispute.
- Represented Fortune 100 companies in a number of significant successful expropriation claims before the Iran-U.S. Claims Tribunal, including claims exceeding $200 million.
- Successfully defended a Western European country 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.
International Construction and Infrastructure Disputes
- Pursuing multiple Arabian Gulf-based infrastructure disputes before arbitral tribunals or in mediations, including those involving claims exceeding $500 million.
- Advise New Doha International Airport on multiple claims and dispute-related matters involving contractors and consultants.
- Conducted a successful mediation before the Qatar Chamber of Commerce and Industry in relation to a subcontractor dispute arising out of the project management contract for the 15th Asian Games – Doha 2006.
- Provided counsel, advice and dispute resolution services for a government authority in connection with one of the largest dredging/reclamation projects in the Middle East including successfully resolving a reclamation dispute on a critical project involving a joint venture of the largest dredging companies in the world.
- Advise developers, contractors, and design engineers with respect to several office building and luxury apartment projects.
- Advised a foreign contractor on construction law issues – including damages and penalties, contract variations and change orders, liquidated damages, insurance and subcontractor performance – in connection with disputes over construction contracts of approximately $500 million.
- Advised several Qatari and international clients in assessing construction and commercial claims in Qatar and Oman, and resolving disputes successfully and amicably.
Energy Sector Disputes
- On behalf of a large multinational energy company, obtained significant awards and pre-award settlements in matters before the Stockholm Chamber of Commerce and the London Court of International Arbitration involving investments in Russia and the former Soviet states.
- 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.
- Obtained unusual mandatory injunctive relief from an ICDR arbitration panel in a significant dispute involving an oil and gas concession in Jordan.
- 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).
• 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.
Complex Commercial Disputes
- 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 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.
- Represented Mitsui Mining and Smelting Corporation, a large Japanese mining, transportation and applied materials company, in trade, commercial, construction and investment disputes in United States and foreign courts and before an international arbitration panel.
- Represented global brand-name franchisor in a $170 million ICC arbitration involving contract and intellectual property claims against a franchisee.
- 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.
Trade Compliance Disputes
- Represented U.S. and foreign companies in a number of international arbitrations raising corruption, export controls, economic sanctions and anti-boycott law claims or defenses.