Proskauer has a long history of representing clients in cross-border transactions, and our International Arbitration Group has been integrally involved in ensuring such transactions include effective dispute resolution agreements, as well as in handling the disputes that sometimes unavoidably arise. Increasingly, our clients are submitting their international disputes to arbitration in an effort to avoid the national courts of their counterparts, ensure maximum enforceability of the ultimate decision, expedite the resolution of such disputes, avoid over-expansive discovery, minimize costs and avail themselves of a range of other advantages not found in the courtroom. Our group focuses on achieving practical results that are tailored to our clients’ specific situations and goals.
We handle the full range of commercial disputes, including those involving mergers and acquisitions, investments, distribution contracts, licensing agreements, supply and manufacturing contracts, shareholders’ agreements and joint venture agreements. We work with clients from many different industries and have deep experience representing companies in the pharmaceutical, sports, consumer products, construction, insurance and reinsurance, telecommunications, new media, energy, finance, lodging and gaming, and real estate sectors.
Enhanced by our ability to draw upon the experience of colleagues and contacts who practice in North America, Europe and Latin America, as well as Asia, Africa and the Middle East, we possess fluency in a range of languages and sensitivity to different cultures and jurisdictions that allow us to handle disputes around the world on behalf of clients. Recent arbitrations we have handled involve parties or transactions in the United States, Canada, France, Germany, the United Kingdom, Austria, Belarus, Ireland, Spain, Portugal, Brazil, Argentina, Colombia, various Caribbean nations, Tunisia, Zambia, Yemen, the UAE, Iraq, Turkey, Pakistan and the PRC, including Hong Kong.
We have extensive experience with arbitrations under the most frequently used arbitration rules and in the primary arbitration centers worldwide. We are very active with the International Chamber of Commerce (ICC) and have multiple arbitrations under the ICC Rules pending at any time, with places of arbitration in Paris, London, Geneva, Zurich, Brussels, New York, Miami, Hong Kong and other major locations. Members of our team also regularly serve as arbitrators in ICC arbitrations and thus have additional in-depth knowledge of ICC Rules and procedures, which they have also gained from serving on the ICC Commission on Arbitration, the rule-setting and policy-making body of the ICC.
Our experience also extends to the other main arbitration rules, including in particular those of the American Arbitration Association’s International Centre for Dispute Resolution (ICDR), the London Court of International Arbitration (LCIA), and the Swiss Chambers of Commerce. We are a long-term member of the LCIA and have handled, among other notable matters, the high-profile international arbitration Satyam Computer Services v. Venture Global Engineering under its rules. We also won one of the most famous ICDR arbitrations on behalf of the principal owner of the Florida Marlins professional baseball club.
We also assist our clients before national courts in disputes related to international arbitrations, including actions to enforce arbitration agreements and awards under the UN Convention on Recognition and Enforcement of Foreign Arbitral Awards.
Areas of Focus
Acting as Counsel in International Arbitration Proceedings
Bringing or Defending Actions to Recognize and Enforce International Arbitral Awards
Bringing or Defending Actions to Compel Arbitration
Advising on Whether to Agree to Litigation or Arbitration for a Particular Transaction
Drafting and Reviewing Arbitration Clauses in Cross-Border Agreements
Colgate-Palmolive in two ICC arbitrations in Geneva, under New York law, concerning the termination of its business relationship with one of its North African distributors and local manufacturers. We obtained a complete victory for Colgate on the local partner's claims, with the tribunal finding that the contractual rights he asserted do not exist, that he failed to prove any actionable breach, and exercising its discretion to award Colgate substantial attorneys’ fees and other costs of the arbitration. In the second arbitration, we received a final award enforcing Colgate-Palmolive's right to buy out the joint venture partner at nominal value.
Sanofi-aventis in an expedited arbitration, under Swiss laws and rules, concerning the expiration of distribution and supply agreements for a drug that generates over $100 million in annual revenue in the U.S. alone, obtaining the majority of requested relief
A diversified U.S. holding company in two ICDR arbitrations relating to the same entity. One of the proceedings relates to the specific performance of a share purchase agreement for the sale of all of the shares of a company owning a sub-marine fiber optic cable network. That proceeding is governed by Barbados law, its seat is in Barbados and the language is English. The other proceeding arises out of a majority shareholder’s breaches of a joint venture agreement and is governed by French law, with the place of arbitration in Paris.
Read our International Practice Guide for the latest on developments and issues in international litigation and dispute resolution