Experience
Won Multi-Million Dollar ICC International Arbitral Award
Mr. Bilaniuk represented a Fortune 500 government contractor, collaborating with local counsel, in a multi-year ICC international arbitration against a European government in a breach-of-contract dispute over technology and public safety systems. Mr. Bilaniuk’s client prevailed in an award exceeding $50 million, defeated over $200 million in related set-offs, and secured the reversal of the termination of the contract.
Successfully Defended Investment Arbitration
Francisco Victoria-Andreu successfully represented a Latin American state as Respondent in an investor-state arbitration under UNCITRAL rules arising out of a Bilateral Investment Treaty (BIT). The Tribunal ruled the investor had no investment covered by the BIT and ordered the claimant to pay the costs of the arbitration.
Successfully Enforced a Multi-Million Dollar International Arbitral Award
Mr. Bilaniuk successfully enforced an international arbitral award for a Fortune 500 government contractor in U.S. court against a European government after multiple years of litigation, including a stay of enforcement and briefing on enforcement of an annulled international arbitral award, after the underlying award had been set aside in a European court. He coordinated with counsel in the defendant’s country in the successful appeal to the country’s supreme court to have the arbitral award reinstated. In the end, after defendant’s appeal, the client’s award totaled roughly $60 million.
Won Annulment of a Multi-Million Dollar ICC International Arbitration Award
Francisco Victoria-Andreu successfully defended a state-owned company of a Latin American state in a multi-million ($180 million) ICC international arbitration against a Panamanian company. The dispute arose in the context of a construction and operation of a packaged food factory. Francisco obtained the annulment of the international arbitration award before the French Supreme Court. See CA, Paris, 20 Jan. 2015, Coralsa Corporation Alimentaria S.A. c. Société Ingelco, n. 12/16039.
Won Favorable Monetary Settlement in Ad Hoc International Arbitration
Mr. Bilaniuk represented a U.S. defense company in an ad hoc arbitration against a Middle Eastern government for breach of contract, employing a strategy that resulted in a favorable settlement of the client’s claims.
Won Annulment of a Multi-Million Dollar International Arbitration Award under UNCITRAL Arbitration Rules
Francisco Victoria-Andreu successfully defended a public company of a Latin American state in a multi-year ad-hoc arbitration before a distinguished arbitral panel under UNCITRAL arbitration rules against a British company. The dispute ($1.2 billion) arose in the context of a mining project. Francisco obtained the annulment of the international arbitral award before the French Supreme Court (Cour de Cassation). See Cour d’appel [CA] Paris, pole 1, ch. 1, 25 Mars. 2010, case no. 08/23901 and Cass Civ 1ère, 29 juin 2011, (2011) Bull civ I, no 10-23.321.
Defeated Foreign Consultant’s Breach of Contract Claims in ICDR Arbitration
Mr. Bilaniuk represented a Fortune 500 company in an International Centre for Dispute Resolution (ICDR) Arbitration defeating over $10 million in breach of contract claims brought by a foreign consulting company.
Successfully Defended a Multi-Million Dollar ICC International Arbitration
Francisco Victoria-Andreu successfully defended a state owned company of a Latin American state in a multi-million (€460 million) ICC international arbitration against an Italian company. The dispute arose in the context of a mining project. Claimant’s award was minimized to 0.13 percent of the amount claimed.
International Arbitration Representations of US and Foreign Clients
Mr. Bilaniuk’s international arbitration experience includes a range of disputes with U.S. or foreign clients.
- Represented a Fortune 500 company as claimant in an ICC arbitration against a foreign government over a breach of contract dispute for commercial services that resulted in a favorable settlement.
- Represented a Middle Eastern company in an ICC arbitration against a Forbes Global 2000 European company for breach of contract.
Won Favorable Monetary Settlement in a OHADA International Arbitration
Francisco Victoria-Andreu represented a Seychelles company in an OHADA arbitration (The Organization for the Harmonization of Business Law in Africa) against a public company of an African state. The dispute arose in the context of a project in the telecommunications sector in Africa. Francisco’s legal strategy resulted in a favorable settlement of the client’s claims.
Draft International Dispute Resolution Agreements
Mr. Bilaniuk has drafted scores of international dispute resolution clauses for clients across a range of industries tailored to the contract, the specific situation, and the client’s business objective. Underlying contract values have ranged from tens of thousands of dollars to hundreds of millions of dollars. A few examples follow.
- Master Service Agreement for a major university system outsourcing its information technology services abroad
- Fortune 100 company’s various international contracts
- U.S. information services and cybersecurity company’s joint venture agreement with a Middle Eastern company
- U.S. sports equipment company’s manufacturing agreement with a Chinese company
- European technology company’s agreement with a U.S. representative
Successfully Settled UK International Arbitration
Francisco Victoria-Andreu represented a public company of a Latin American state in an international arbitration under the 1996 Arbitration Act (UK). The legal strategy proposed by Francisco resulted in a favorable settlement for his client before the client had to incur substantial arbitral costs.
Served as US Counsel Managing Local Counsel in Foreign Court Litigation
Mr. Bilaniuk has provided international litigation counsel to clients and managed local counsel in foreign court litigation to achieve the client’s objectives in a seamless and cost-effective manner including:
- Advising a multinational company about contractual claims against an industrial equipment supplier for negligent servicing of plant in Middle East; worked with local counsel in Middle East jurisdiction as they litigated matter in court;
- Managing local co-counsel on behalf of a U.S. government contractor in Middle East court litigation against joint venture partner; prevailed in suit; and
- Advising an insurer about defense strategy in certain negligence lawsuits brought in foreign court in light of risks of foreign court-money judgment recognition in U.S. courts.
International Arbitration
We represented a scrap steel company in International arbitration before the American Arbitration Association concerning alleged breach of several sale contracts by an Indian company. Dinsmore attorneys prepared the case for its final hearing but were able to negotiate a favorable settlement before the client incurred the fees associated with a final hearing.
Local Manufacturer v. Foreign Supplier
I served as lead litigation counsel in 2009 in successfully assisting local equipment manufacturer in establishing personal jurisdiction over a German engine supplier in $15 million dollar dispute over defective engines.
Represented a Brazilian distributor in international dispute resolution proceedings
Rick Porotsky represented a Brazilian importer and distributor in a dispute with a large U.S. manufacturer, which was arbitrated in Sao Paulo Brazil through the International Chamber of Commerce (ICC). Working with Brazilian co-counsel in a bi-lingual proceeding, Mr. Porotsky took the lead role in pre- and post-hearing briefings, opening statements at the arbitral hearing, presentation of economic experts, and cross examination of key English-speaking witnesses.
Represent an Indian family business in international forum selection dispute
Rick Porotsky played a leading role in representing an Indian family business entity in U.S. federal court proceedings brought by a U.S. manufacturer who sought to invoke arbitration to avoid parallel Indian court proceedings. Mr. Porotsky participated in video conference court proceedings, conducting examination of the firm’s client online in Mumbai while also conducting cross examination of opposing witnesses. He also played a leading role in briefing to the federal court to address forum selection, jurisdiction, and Indian law.