International business often entails increased risks, and handling the issues that arise between business partners can be particularly challenging. International arbitration is swiftly becoming the method of choice for resolving cross-border business disputes, because of its efficiency and economy, its confidentiality and the relative ease of enforcing arbitral awards throughout the world. Thompson Hine represents U.S., foreign and multinational corporations, closely held concerns, NGOs and individual clients in international arbitrations and related court proceedings. Our lawyers have deep experience handling arbitrations seated and heard in the United States, the U.K., Europe, Latin America, East and Southeast Asia, the Middle East, Africa, Bermuda, the Caribbean and other offshore jurisdictions. We act in commercial and investment arbitration proceedings for clients doing business in a wide range of sectors including finance and banking, manufacturing and trade, construction and infrastructure, investment management, life sciences, oil and gas, technology and real estate.
Our team frequently represents clients in arbitration-related court proceedings, including enforcement of arbitration agreements, investigative and discovery efforts, and pre-award injunctions. In addition, we have substantial experience in cross-border asset tracing and seizures, and in the enforcement of awards and judgments, and we deploy those capabilities aggressively, where appropriate, in support of our clients’ interests. We counsel clients on dispute risks in advance of contemplated cross-border transactions, and provide bespoke arbitration and dispute resolution clauses for inclusion in their contracts. Clients also benefit from our experience with innovative dispute funding strategies and our access to sources of third-party dispute funding for matters where such funding is advisable. And, as in all matters involving litigation or other types of disputes, we offer the benefits of our proprietary SmartPaTH™ legal service delivery program, for which we were ranked #1 for Innovation in North America by the Financial Times in 2015.
Our attorneys have acted in arbitrations involving parties, projects and proceedings in jurisdictions around the world, including Australia, the Bahamas, Bahrain, Bermuda, Canada, the Cayman Islands, China, Ecuador, Egypt, Finland, France, Gabon, Hong Kong, Laos, Mexico, Saudi Arabia, Switzerland, Thailand, the United Arab Emirates, the U.K. and the United States. We have conducted ad hoc proceedings as well as proceedings under virtually all of the major arbitration rule sets, including ICC, ICDR, ICSID, CIETAC, HKIAC, JAMS International, LCIA and UNCITRAL, as well as more “exotic” local rules.
Illustrative examples of our experience include:
- Representing a publicly traded Greek shipping and mining company in a JAMS International arbitration in Bermuda in a dispute with a preferred share investor involving claims of federal securities law violations, breach of contract and fraud.
- Representing the owner/developer of gold and silver mines in Latin America in a $10 million construction contract dispute with the construction engineer and construction manager under the ICDR rules.
- Representing a major international oil company in an ICDR arbitration proceeding arising from a $12 million dispute over payment of Gabonese taxes on African oil operations.
- Representing an offshore petroleum trading concern in an ad hoc arbitration concerning over $100 million in claims against the trading arm of a Central Asian state oil company under the administration of the Cairo Centre for International Commercial Arbitration.
- Representing a U.S. hospitality software company in an ICC arbitration to terminate distribution rights in Australia.
- Representing an international pharmaceutical company in a dispute with a vendor over services provided in connection with U.S. and EU regulatory filings and compliance.
- Representing the owner/developer of an electrical generation and distribution concession in Ecuador as claimant in a contract dispute regarding breach of the sale and development agreement.
- Representing an international NGO in a dispute with a Hungarian foundation regarding a commercial lending arrangement aimed at providing low-interest financing to disadvantaged segments of the population.
- Representing a Finnish equipment supplier and EPC contractor in arbitration proceedings and subsequent litigation initiated by a steel fabrication subcontractor in California.
- Representing a Shari’a-compliant investment management firm in an investment dispute with a U.S. counterparty, and in related litigation and onshore enforcement proceedings.
- Representing the founder and CEO of an international luxury brand company in an ICDR arbitration proceeding involving a dispute over his ownership of and departure from the company.
- Representing a Thai claimant in an UNCITRAL project finance dispute with a Southeast Asian sovereign counterparty.
- Representing a state-owned telecommunications company in an ICC arbitration proceeding regarding a dispute over installation of a country-wide wireless telephone system.
- Representing a major Emirati bank in a commercial dispute under the auspices of the LCIA.
- Representing an international NGO in an ICC arbitration proceeding against a foreign sovereign in connection with a dispute over payments due for inbound investments used in rebuilding education infrastructure.
- Representing a Canadian-Chinese manufacturing agency in an ICDR arbitration against a U.S. counterparty.
- Representing a Swiss-based multinational mining concern regarding LCIA proceedings over development rights to West African mineral reserves and subsequent related U.S. RICO litigation.
- Representing a Chinese client regarding investigatory efforts and U.S. discovery efforts in connection with a trade dispute under the rules of the Hong Kong International Arbitration Centre.
- Representing a Saudi-based offshore investment management firm in arbitrations concerning breach of contractual confidentiality and non-disparagement provisions.
- Representing an offshore investment manager in connection with indemnification claims under ICDR rules and administration.
- Representing an Indian pharmaceutical company in an ICC arbitration concerning breach of stock purchase and distribution agreements.
- Representing a U.S. company in an arbitration against a Taiwanese electronics manufacturer in connection with breach of contract and tortious interference claims.
- Representing a Canadian pharmaceutical company in a proceeding against a U.S. pharma company involving claims of breach of contract relating to milestone payments and best efforts to develop and sell a product.
- Representing a foreign government against a U.S. contractor in connection with claims for breach of contract and fraud.
- Representing an international pharmaceutical company in an ICC proceeding arising from a dispute concerning the purchase and sale of a pharmaceutical distribution company/network in Russia.