International Arbitration

Overview

Arbitration is the leading method for resolving cross-border commercial disputes, in part because companies naturally fear litigating in a foreign court. Arbitration allows the parties to resolve their dispute in a neutral forum. An international treaty—the U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also known as the “New York Convention”) also makes arbitration awards more readily enforceable across national borders than court judgments.

Our lawyers have acted as counsel or arbitrators in international arbitration proceedings administered by most of the world’s major international arbitral tribunals. They are also experienced in litigation ancillary to international arbitration proceedings, including:

The recognition and enforcement of foreign arbitral awards under the New York Convention;

  • 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; and
  • Actions to compel, stay or enjoin arbitration.

AGG’s attorneys have acted as arbitrators and counsel in international arbitration proceedings administered by the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), and other major international arbitral tribunals. They are also experienced in the enforcement of foreign arbitral awards under the New York Convention.

We routinely speak on international dispute resolution topics at events around the world. Recent engagements include conferences organized by the American Bar Association Section of International Law, the Hague Conference on Private International Law, the ICC International Court of Arbitration, the International Bar Association (IBA), the International Law Association, and foreign bar associations and universities on virtually every continent. A small sampling of the topics recently covered at these events include the following: “Written Evidence in International Arbitration—Where Are We Heading?,” “Dialing 911: Obtaining Interim and Emergency Relief in Support of Arbitration,” “Counsel Ethics in International Arbitration,” “Recent Developments in Choice of Law Clauses in International Contracts and the Case for a New Global Instrument,” “Class Action Arbitration: Why and How To Do It,” “Russians Abroad: The Experience of Russian Parties in Foreign Litigation and Arbitration,’ “Judicial Assistance and Enforcement Proceeding in Cross-border Litigation and Arbitration,” “Litigation Versus Arbitration in International Business Disputes,” “Enforcement of International Arbitration Awards in the United States,” and “Cross-Examination in International Arbitration.”

We support our legal services with multilingual legal professionals, employing attorneys from Russia, Germany, India and attorneys and paralegals fluent in Russian, German, Spanish, Hindi, Gujarati, Ukrainian, Italian, French, Romanian and Yoruba.

AGG is a founding member of the Atlanta International Arbitration Society, and an AGG lawyer serves as the founding president of that organization. Our lawyers have also served as chairs of the American Bar Association’s Section of International Law, on the U.S. Secretary of State’s select Advisory Committee on International Law, and on panels/arbitrator listings maintained by the ICC International Court of Arbitration, the ICDR, the LCIA, and the Vienna International Arbitration Centre (VIAC).

Experience

  • 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 court proceedings in the Republic of Austria, including disputes related to share ownership. AGG’s business litigation lawyers 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 International Centre for Dispute Resolution (ICDR) Rules. The award enjoined the disposition of property by the respondent and effectively terminated the case.

  • Represented an insurer in a coverage dispute arising from the turnkey sale of an oil refinery to a Chinese enterprise. The award not only upheld the coverage denial, but also included attorneys’ fees.

  • 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 a bankruptcy filing by the respondent that was prompted by the enforcement order.

  • Submitted an amicus curiae brief to the Eleventh Circuit advocating for limiting grounds to challenge non-domestic awards to those provided under the New York Convention, which position the Eleventh Circuit adopted in the issued opinion.

  • Successfully represented an Indian software company in international arbitration proceedings seated in Helsinki, Finland under the UNCITRAL (UN Commission on International Trade Law) rules for international arbitration. The tribunal granted AGG’s client all of the relief it requested, including interest and attorney’s fees.

  • Successfully defeated a motion to stay litigation and compel arbitration in the Philippines based on an argument that the arbitration was unenforceable.

  • Obtained a complete defense award on behalf of a U.S. food distributor in an arbitration seated in Paris, France and administered by the International Chamber of Commerce (ICC). AGG’s client also recovered its attorney’s fees against the claimant (a Belgian chocolate manufacturer).

  • International arbitration counsel for Chinese-owned business entities in complex international ownership, intellectual property and unfair competition dispute. Prepared for hearing under expedited scheduling procedure, and conducted week-long arbitration hearing under JAMS Arbitration Rules and Procedures, including preparation of direct and cross-examination of Chinese-language witnesses and principals.

  • Secured recognition in Russia of a $28 million international arbitration award for a U.S. company owned by prominent New York real estate developer.

  • Successfully obtained Article 37 emergency measures of protection before the International Centre for Dispute Resolution, and shortly thereafter, successfully resolved a multimillion dollar controversy between an international manufacturer and an American distributor.

  • Secured dismissal of the proceedings in an arbitration claim brought by a Russian coal producer against a U.S. coal trader in the International Chamber of Commerce arbitration in Geneva, Switzerland.

Recognition

AGG is a founding member of the Atlanta International Arbitration Society, and Glenn Hendrix serves as the founding president of that organization.

 

Our attorneys have served the American Bar Association’s Section of International Law, on the U.S. Secretary of State’s select Advisory Committee on International Law, and on panels/arbitrator listings maintained by the ICC International Court of Arbitration, the ICDR, the LCIA, and the Vienna International Arbitration Centre (VIAC).

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