We help clients resolve their international disputes effectively and efficiently, whether through international arbitration or cross-border litigation. We also help clients enforce and collect on their international arbitral awards and foreign court judgments.
International Commercial Arbitration
International commercial arbitrations differ from domestic arbitrations: they are governed by different rules and standards of ethical conduct. We represent clients before major arbitral institutions, including the International Chamber of Commerce’s International Court of Arbitration (ICC), the International Centre for Dispute Resolution (ICDR) of the American Arbitration Association (AAA), the London Court of International Arbitration (LCIA) and other regional institutions, e.g., Organization for the Harmonization of Business Law in Africa (OHADA). We are experienced managing ad hoc or non-administered arbitrations under UNCITRAL and other rules of arbitration.
Investor-State Arbitrations are arbitrations in which investors may seek redress from a foreign government of a country in which they have invested under applicable international investment treaties for claims of discrimination, repudiation of a contract, and/or actual or constructive expropriation of their investment without due process of law and appropriate compensation. We have experience representing clients in investor-state disputes in various fora including the ICC, the International Centre for Settlement of Investment Disputes of the World Bank (ICSID), and the Permanent Court of Arbitration in the Hague (PCA).
International Arbitral Award Enforcement and Foreign Court Judgment Enforcement
Beyond advocating the merits of international disputes, we enforce international arbitral awards under the New York Convention pursuant to the Federal Arbitration Act (FAA) in the U.S. and abroad, collaborating with local counsel pursuant to other countries’ implementing statutes. We also obtain recognition of and enforce foreign-court money judgments in U.S. courts pursuant to applicable state statutes.
We represent clients in cross-border litigation in U.S. courts and abroad and are experienced with the complexities that arise in litigation of international disputes in U.S. courts, such as challenges of establishing or disputing personal jurisdiction and proper service abroad generally and under the Hague Convention on the Service of Process; foreign sovereign immunity; counterparty asset identification; and forum selection issues in cases where the absence of a binding arbitration agreement has resulted in parties pursuing litigation in different countries. We also provide value-added management of foreign court litigation working with clients’ local counsel or our established network of worldwide counsel to achieve the client’s objectives in a seamless and cost-effective manner.
In addition, we help manage the risk of doing business internationally by counseling our clients before a dispute has arisen or before arbitration or litigation has commenced. Our attorneys draft effective dispute resolution agreements tailored to the transaction and the client’s business objectives. If a dispute arises, we assist in claim or defense formation and provide strategic advice and case assessment, including assessing the likelihood of collecting on a favorable arbitral award or court judgment. We engage in pre-arbitral negotiations, seek or defend against actions in national courts to compel or stay arbitration, and seek interim relief in national courts.