International Arbitration

Overview

AGG’s attorneys have acted as counsel or arbitrators in international arbitrations administered by most of the world’s major international arbitral institutions, including the International Chamber of Commerce (“ICC”), the International Centre for Dispute Resolution (“ICDR”), JAMS International, and the Stockholm Chamber. They have also acted in numerous ad hoc proceedings governed by the UNCITRAL Rules and in “med/arb” procedures.

We are experienced in litigation ancillary to international arbitration proceedings, including:

  • The recognition and enforcement of foreign arbitral awards under the New York and Panama Conventions
  • Obtaining interim relief during the pendency of international arbitration proceedings
  • Obtaining evidence for use in international arbitration proceedings, including experience with 28 U.S.C. § 1782
  • Actions to compel, stay, or enjoin arbitration

Language Proficiency

AGG supports its clients with multilingual legal professionals, including proficiency in Dutch, French, German, Gujarati, Hebrew, Hindi, Italian, Korean, Mandarin, Polish, Portuguese, Romanian, Russian, and Spanish.

Experience

  • Service as an arbitrator in cases administered by the International Centre for Dispute Resolution (“ICDR”), the International Chamber of Commerce (“ICC”), the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (“MKAS”), the American Arbitration Association (“AAA”), the American Health Lawyers Association (“AHLA”) Dispute Resolution Service, and other institutions, as well as numerous ad hoc proceedings, including cases governed by the UNCITRAL Rules.
  • Successfully represented an Indian software company in international arbitration proceedings seated in Helsinki, Finland, under the UNCITRAL Rules for international arbitration. The tribunal granted AGG’s client all the relief it requested, including interest and attorneys’ fees.
  • Obtained a complete defense award on behalf of a U.S. food distributor in an arbitration seated in Paris, France, and administered by the ICC. AGG’s client also recovered its attorneys’ fees against the claimant (a Belgian chocolate manufacturer).
  • Represented an insurer in a coverage dispute arising from the turnkey sale of an oil refinery to a Chinese enterprise. The arbitration award (rendered under the ICDR Rules) not only upheld the coverage denial, but also included attorneys’ fees.
  • Lead counsel for Austrian client in successful application in federal district court under international discovery statute (28 U.S. C. § 1782) to obtain critical financial documents from U.S. affiliates of complex worldwide group of Austrian manufacturing company affiliates. The documents were for use in a series of proceedings in the Republic of Austria, including disputes related to share ownership. AGG’s business litigation attorneys worked with its cross-border and German language teams to develop the winning approach, in which the court granted AGG’s application, as well as a subsequent heavily contested motion to compel.
  • Obtained an interim award on behalf of a Chinese company from an emergency arbitrator appointed under Article 37 of the ICDR Rules. The award enjoined the disposition of property by the respondent and successfully resolved a multimillion-dollar controversy between an international manufacturer and an American distributor.
  • Represented a Ukrainian energy supply company in award recognition proceedings against the Republic of Moldova arising out of the breach of Moldova’s obligations under the Energy Charter Treaty.
  • Counsel for Chinese-owned business entities in complex international ownership, intellectual property, and unfair competition proceeding under the JAMS Arbitration Rules, including preparation of direct and cross-examination of Chinese-language witnesses and principals.
  • Represented an U.S. global logistics company in a JAMS International arbitration proceeding involving a dispute over outstanding fees and termination of its relationship with its Ecuadorian affiliate. The matter was resolved by a consent award granting substantially all the relief sought by our client.
  • Successfully represented a Spanish global travel technology company in award recognition proceedings against an Indian-owned software company. AGG collected attorneys’ fees from the opposing party.
  • Successfully represented a Russian company in proceedings under the New York Convention in Seattle, Washington, to obtain the recognition and enforcement of an arbitration award rendered by the Moscow-based International Commercial Arbitration Court (“MKAS”). AGG also collected the resulting judgment, notwithstanding bankruptcy filing by the respondent that was prompted by the enforcement order.
  • Defended multinational accounting firm in arbitration before the German Arbitration Institute (“DIS”) through final hearing, resulting in favorable award to client on all of claimant’s claims.
  • Served as lead arbitration counsel for a global chemical company in an international arbitration before the International Chamber of Commerce (“ICC”) against a major chemical company based in South Korea. The arbitration claim involved the laws of the Republic of Korea and was brought by the client for large-scale damages due to a breach of contract. Other key issues in dispute involved misuse of technology and terms of the technical license agreement.
  • Represented a top Korean shipbuilding company in an arbitration before the London Court of International Arbitration (“LCIA”) against a ship buyer in a dispute pertaining to a large-scale vessel construction project and delivery. LCIA arbitration involved claims against a purchaser, delivery delay issues, shipbuilding quality standards, commercial damages due to breach of shipbuilding contracts, and interim relief pursuant to the pertinent rules of international arbitration.
  • Served as lead counsel for a major Swiss energy and power plant manufacturer in obtaining favorable judgment for a breach of complex joint venture project. The international arbitration was heard before the Korean Commercial Arbitration Board (“KCAB”) and involved large scale damages arising from construction of gas turbines for an energy supplier. Obtained the full amount of the damages claim for the client and participated as lead arbitration counsel throughout the arbitration proceedings. Issues in arbitration involved force majeure, nonacceptance of delivery, cancellation of contracts, and nonpayment by buyer in breach of main contract.
  • Successfully represented a South Korean top 10 global conglomerate in a large-scale international arbitration before the International Chamber of Commerce (“ICC”), involving a multinational conglomerate and two overseas corporate consortium members resulting from a large-scale sale of a financial services company. Issues involving interpretation of terms of consortium and obligations of consortium members in the sale and purchase of financial corporation. Given the multiple contracts and complexity of issues involved, this arbitration was also cited as one of the largest contract disputes heard before the ICC.
  • Successfully represented a top South Korean automobile manufacturer as arbitration counsel in an international arbitration before the International Chamber of Commerce (“ICC”). Won full amount of claimed damages for client, involving issues arising from breach of joint venture agreement, damages due to nonfulfillment of regulatory approvals and financial obligations, misappropriation, piercing the corporate veil, and failure to build factory facilities for an automobile plant in Brazil.
  • Obtained favorable judgment as lead counsel in ad hoc international arbitration involving the State of Texas’ arbitration statutes. Defended as lead counsel a global biotech corporation in breach of joint venture partnership and technology license agreement against one of the major global stem cell development corporations. Secured favorable arbitral award for client by recovering full intellectual property ownership of client’s core biomedical technology and obtaining new favorable technology license terms.
  • Represented one of the world’s largest shipbuilding companies as lead counsel in a Singapore International Arbitration Centre (“SIAC”) international arbitration involving issues of joint venture partnership terms, quality of coal supply, and coal mine development. Key issues in dispute involved the obligations of joint venture parties in providing regulatory support and governmental approvals for a coal mining project, and necessary infrastructure to carry out terms of the main contract. Obtained final award for the full amount of damage claims for client. This SIAC arbitration was seated in Singapore under Indonesian laws and involved technical and legal experts in Indonesian laws.
  • Successfully represented a top five global shipbuilding company in international arbitration before the London Court of International Arbitration (“LCIA”) for breach of shipbuilding contracts involving the manufacture of commercial vessels. Issues involved compliance with shipbuilding contract requirements, proper invocation of termination clauses, and issues pertaining to technology licenses applied in the building of vessels. Resolved matters relating to the financing of the construction of vessels and worked with ship financing experts to arbitrate all aspects of a shipbuilding project, including negotiation of ship finance agreements, financing mechanisms, and details of shipbuilding agreements based on industry standards.
  • Served as lead arbitration counsel for a global chemical company in an international arbitration before the International Chamber of Commerce (“ICC”) against a major chemical company based in South Korea. The arbitration claim involved the laws of the Republic of Korea and was brought by the client for large-scale damages due to a breach of contract. Other key issues in dispute involved misuse of technology and terms of the technical license agreement.
  • Represented a top Korean shipbuilding company in an arbitration before the London Court of International Arbitration (“LCIA”) against a ship buyer in a dispute pertaining to a large-scale vessel construction project and delivery. LCIA arbitration involved claims against a purchaser, delivery delay issues, shipbuilding quality standards, commercial damages due to breach of shipbuilding contracts, and interim relief pursuant to the pertinent rules of international arbitration.
  • Represented a global steel company in an international arbitration before the Hong Kong International Arbitration Centre (“HKIAC”), involving a major contract dispute against a Chinese supplier of steel parts under the HKIAC Rules of International Arbitration. Arbitration arose from noncompliance with payment obligations and assertions of product quality. Obtained damages for the client in issues involving breach of contract, failure to deliver, interpretation of quality standards under main contract, and interpretation of industry standards on steel quality and acceptance of delivery terms.
    Client Successes

    Recognition

    Our  attorneys are recognized as leading international arbitration practitioners in The Best Lawyers in America® — a listing based on peer feedback by other leading practitioners in the field — and The International Who’s Who of Commercial Arbitration, published by the Global Arbitration Review.

     

    We have served in leadership positions in the field, including:

     

    • Founding president of the Atlanta International Arbitration Society (“AtlAS”)
    • Chair of the International Law Section of the American Bar Association (“ABA”)
    • Member of the U.S. Secretary of State’s Advisory Committee on International Law, a select group of 20 leading international law professors, practitioners, and policymakers who provide advice to the State Department on significant international law issues
    • Member of the seven-member Executive Committee of the American Society of International Law (“ASIL”)
    • Member of the U.S. State Department’s Working Group on the Recognition and Enforcement of Foreign Judgments
    • Private sector advisor on U.S. State Department delegations to The Hague on the practical operation of The Hague Evidence and Service Conventions and negotiations on a treaty to govern parallel proceedings
    • Fellow of the Chartered Institute of Arbitrators

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