Williams & Connolly LLP has represented numerous clients in a wide range of international disputes. We have been recognized as one of the top 10 firms in the United States for International Commercial Litigation in a survey of corporate counsel and peer firms conducted by Euromoney and awarded the top honor as the only leading law firm for dispute resolution in Washington, D.C. by the PLC Global Counsel Dispute Resolution Handbook (2004-2005 edition). Whether in litigation, arbitration, or negotiation, our attorneys bring to international disputes the same traditions of top-notch preparation, strategic thinking, and concern for the client's goals as in the firm's domestic litigation practice.
The firm is frequently retained to represent both foreign and U.S. clients in litigation in foreign countries as well as in litigation spanning two or more national jurisdictions. We manage all aspects of such proceedings to ensure a unified, consistent approach. For example, when a Bermuda company confronted a series of disputes over an investment it made in Chile with co-investors from Chile, Canada, and the United States, we directed litigation strategy in each of the relevant countries with close attention to the legal regimes and customs of each country and careful oversight of how developments in one country would impact strategy in the other countries.
Our attorneys have represented clients involved in disputes all over the world, including:
- Europe - Belgium, Denmark, France, Germany, Greece, Holland, Hungary, Italy, Spain, Switzerland, the United Kingdom, Ukraine, Bulgaria, and the former Yugoslavia
- Asia and the South Pacific Region - China, Indonesia, India, Japan, Philippines, Russia, Taiwan, Thailand, and Australia
- Middle East - Bahrain, Israel, Morocco, Saudi Arabia, and the United Arab Emirates
- Americas - Argentina, Bermuda, Bolivia, Brazil, British Virgin Islands, Canada, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Mexico, Panama, Peru, Uruguay, and Venezuela
- Africa - Congo (Brazzaville and Kinshasa), Madagascar, São Tomé and Principe, and South Africa
The firm's international practice includes representing U.S. and foreign clients in a broad range of international arbitrations. This area of our practice has gained increased prominence as international arbitration has become a preferred means of resolving disputes arising out of international business transactions.
We represent and advise clients at all stages of the arbitral process. We have extensive experience as counsel in arbitrations under the rules of the most important international arbitration institutions, including the International Chamber of Commerce (ICC) and the American Arbitration Association (AAA). We also have served as counsel in ad hoc arbitrations, including under the Rules of the United Nations Commission on International Trade Law (UNCITRAL).
Our practice also includes post-award representation in confirmation, enforcement, and set-aside proceedings in U.S. and foreign courts pursuant to the New York Convention. With years of experience in the international arena, our lawyers have a thorough knowledge of the arbitral process and related judicial proceedings, and we have an outstanding track record of success in representing clients in many different venues.
The firm has represented international arbitration clients in a wide array of industries, including telecommunications, power and energy, logistics, hotel management, oil refining, sports, marketing, and financial services. In the course of these and other representations, we have developed extensive relationships with counsel around the world with whom we work closely to advance our clients' interests. With an international network of contacts, we are able to obtain the assistance of experts and specialists outside the firm whenever necessary to provide effective representation to our clients in particularly complex cases.
Representative international arbitration matters include:
- United States Government Procurement Arbitration - We successfully defended a Kuwaiti logistics company as Respondent in an International Chamber of Commerce arbitration, sited in Washington and applying U.S. law, involving a multi-billion-dollar contract with the U.S. government to provide food and logistics services to military personnel in the Middle East. Hearings were conducted in Washington in November and December 2006, and an Award was issued in May 2007 rejecting the Claimant's claims and granting our client a complete victory.
- Thailand Power Plant Arbitration - We successfully represented a U.S.-based independent power producer in an International Chamber of Commerce arbitration arising out of its sale of a number of power plants in Thailand to a European power company. The matter was governed by New York law, and involved complex issues of Thai accounting and valuation of Thai power off-take agreements. After a two-week hearing, the Tribunal awarded our client as Claimant $4.2 million (virtually the entirety of the damages sought) as well as attorneys' fees and costs, and rejected in its entirety the $50 million counter-claim brought by the Respondent.
- Indian Cellular Communications Arbitration - We successfully represented a Bermuda private equity fund as Claimant in an International Chamber of Commerce arbitration, sited in London and applying Indian law, involving a significant investment in an Indian cellular communications company. Hearings were conducted in London in November 2003, and post-hearing memorials were submitted in early 2004. The Tribunal issued a Partial Award in August 2004 in favor of our client upholding the validity and enforceability of the shareholder and purchase agreements; finding the Respondent Company and its Indian Sponsors liable for multiple breaches of the agreements; setting a Remedies Hearing to determine the quantum of damages and other relief; and awarding the Claimant its attorneys' fees and costs.
- Hotel Management Arbitration - We represented a major hotel management company against owners of 44 hotels on 3 continents in an arbitration under the American Arbitration Associations' International Rules. The arbitration arose from efforts to terminate a one billion dollar hotel management agreement, and involved allegations of fraud, breach of contract, breach of fiduciary duty, and breach of competition and racketeering statutes. The arbitration involved the production of more than 14 million documents and the taking of more than 60 depositions. A six-week arbitral hearing was conducted in New York in the Summer of 2004. The case was then settled to the client's satisfaction.
- Athens Olympics Gymnastics Arbitration - We successfully represented the United States Olympic Committee in a Court of Arbitration for Sport arbitration in an appeal of the gold medal award to Paul Hamm in the men's individual gymnastics all-around event at the 2004 Athens Olympics. We served as lead counsel for all the parties opposing the appeal of a Korean gymnast at a hearing conducted in Lausanne, Switzerland in September 2004. A ruling was issued in October 2004 in favor of the U.S. Olympic Committee denying the appeal and affirming the gold medal award.
- German Refinery Arbitration - We successfully represented a French company in an International Chamber of Commerce arbitration, sited in Montreal with hearings in London and Hamburg, involving a joint venture to own and operate an oil refinery in Wilhelmshaven, Germany. We worked with foreign counsel in proceedings in the national courts of Germany and Canada in defending the favorable arbitration award, including by obtaining expert opinions on issues relating to international arbitration law and procedure and drafting and reviewing pleadings.
- Uruguay Bank Arbitration - We represented the Country of Uruguay and its Central Bank in an International Chamber of Commerce arbitration against three international banks arising from the collapse of Uruguay's Central Bank in 2002. The arbitration, sited in New York City with witnesses from five countries, involved the management of the Central Bank by its outside Board of Directors. The Tribunal held four weeks of hearings in New York City, hearing evidence on issues of international banking and auditing standards, commercial contract interpretation, fraud and constructive fraud, director and officer misconduct, and economics. A decision from the Tribunal is pending.
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