International Dispute Resolution

Experience

Won Multi-Million Dollar ICC International Arbitral Award

Client: Fortune 500 Government Contractor

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.

Won Favorable Monetary Settlement in Ad Hoc International Arbitration

Client: A Major US Defense Contractor

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. 

Successfully Enforced a Multi-Million Dollar International Arbitral Award

Client: Fortune 500 Government Contractor

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.

Defeated Foreign Consultant’s Breach of Contract Claims in ICDR Arbitration

Client: A Major US Government Contractor

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.

International Arbitration Representations of US and Foreign Clients

Client: Multiple 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.

Draft International Dispute Resolution Agreements

Client: Multiple Clients

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

Served as US Counsel Managing Local Counsel in Foreign Court Litigation

Client: Multiple Clients

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.

American Automobile Industry Supplier v. German Automobile Industry Supplier

I served as lead litigation counsel, successfully assisted our client, a European manufacturer and supplier of tooling for the automobile industry, in avoiding suit in the United States. This particular German manufacturer has always tried to keep its operations and management within Germany. It has also sought to avoid the hassle and expense of legal proceedings in foreign venues. In 2007, however, this manufacturer was sued in the United States District Court for the Northern District of Ohio. Some of its tooling was being used there by an American automobile industry supplier. The American company alleged that the tooling was defective, claiming damages in excess of $5 million. With the benefit of the briefing which I authored, the German manufacturer obtained a victory in February 2008 on its initial motion to dismiss. The Court found that the German manufacturer's practices and forms prevent jurisdiction in Ohio. It found "no indication that [the German manufacturer] sought to exploit Ohio markets." The plaintiff failed to establish that [the German manufacturer] purposely availed itself of the benefits and protections of Ohio’s laws.” The Uniform Commercial Code (UCC) and the United Nations Convention on Contracts for the International Sale of Goods (CISG) provided additional support for the Court's decision. The Court thus dismissed all claims for lack of personal jurisdiction.

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, and one that resulted in payment to the client quickly without protracted litigation in India. Because we were cognizant of legal costs and processes throughout the case, the result was a quick recovery for the client, but reached in a cost-effective manner.

Foreign Plaintiff v. U.S. Corporation

I lead a team which successfully assisted a foreign plaintiff in obtaining financial information from U.S. entities for use in a foreign proceeding. To do so, our team obtained a federal court order under 28 U.S.C. § 1782 requiring certain U.S. businesses and banks to provide discovery for use in the foreign proceeding.

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.