International Arbitration & Dispute Resolution

International Arbitration & Litigation

Our lawyers have defended the interests of Orrick's clients not only in arbitration proceedings but also in any parallel judicial proceedings before national courts, which, at times, are commenced in connection with very complex disputes. In addition to our experience as counsel and as arbitrators in dispute resolution mechanisms, such as mediation, conciliation, minitrials and arbitration proceedings, we assist our clients in structuring corporate-wide strategic and cost-efficient arbitration/dispute resolution programs as well as in drafting arbitration clauses for international commercial contracts. Orrick lawyers regularly advise global companies on the drafting of choice of law, choice of forum and arbitration clauses for project finance and energy transactions, joint ventures, technology transfers and various other transactions involving parties from around the world.​

​Orrick lawyers have served as lead counsel in major international arbitrations deriving from commercial and investment disputes. We have handled ad hoc and institutional arbitration proceedings under a wide variety of arbitral rules and governing laws.

​Our lawyers are qualified to practice law in a multitude of jurisdictions with common law and civil law traditions and can handle arbitration matters regardless of the venue, the applicable rules of law or the language. Most of Orrick's arbitration practitioners are located in New York, Washington, D.C., San Francisco, Silicon Valley, London, Paris, Düsseldorf, Frankfurt, Milan, Moscow, Hong Kong and Tokyo.

​Orrick lawyers have familiarity with the leading arbitration institutions, such as the

  • International Chamber of Commerce (ICC)
  • London Court of International Arbitration (LCIA)
  • American Arbitration Association (AAA)
  • International Centre for Settlement of Investment Disputes (ICSID)
  • World Intellectual Property Association (WIPO)
  • China International Economic and Trade Arbitration Commission (CIETAC)
  • International Commercial Arbitration Court (ICAC) at the Chamber of Commerce and Industry of the Russian Federation
  • Hong Kong International Arbitration Centre
  • Japan Commercial Arbitration Association (JCAA)

W. Laurence Craig, a senior counsel in Orrick's Paris office known as the "founding father" of international arbitration, is the co-author of three major ICC publications: "International Chamber of Commerce Arbitration," the "Annotated Guide to the 1998 ICC Arbitration Rules" and the "International Commercial Arbitration: Cases, Materials and Notes on the Resolution of International Business Disputes." Furthermore, Orrick has been a sponsoring member of the CPR International Institute for Conflict Prevention and Resolution since its founding in 1982.

Siegfried H. Elsing, senior partner in the Düsseldorf office, has served as counsel, party-appointed arbitrator, sole arbitrator or chairman in more than 140 arbitrations, including proceedings under the auspices of leading arbitral institutions. In 2011, he was appointed as one of just three Europeans to serve on the newly formed Panel of Conciliators of the Council of the International Centre for Settlement of Investment Disputes (ICSID), which will oversee international investment disputes involving state governments.

Scope of Experience

Orrick represents companies from a wide range of industries, including, among others:

  • Construction
  • Energy, oil and gas
  • Insurance
  • Manufacturing and distribution
  • Securities, banking and finance
  • Telecommunications and information technology
  • Shipping, transport and maritime
  • Metals and mining
  • Military armaments

Orrick lawyers have represented clients in arbitration proceedings in North and South America, Europe, Asia and Africa.  We have experience across a range of industries, including:

  • Construction
  • Energy, Oil and Gas
  • Insurance
  • Manufacturing and Distribution
  • Securities, Banking and Finance
  • Telecommunications and Information Technology
  • Shipping, Transport and Maritime

Some of our lawyers’ more notable recent cases include the following examples: 

Vivendi Universal S.A. Orrick represented Vivendi Universal, the French and worldwide media-to-telecoms conglomerate, in its battle over the Polish telecommunications industry. In 2005, the Vienna Commercial Court ruled in favor of Orrick client and Polish subsidiary of Vivendi, Elektrim Telekomunikacja (Telco), annulling an award by a Viennese arbitral tribunal which held that a transfer of shares in Polska Telefonia Cyfrowa (PTC), the first mobile telecom operator in Poland, from Elektrim (another Polish telecom company) to Telco, was "ineffective," or never happened. Not only does this annulment judgment, which is an exceptional outcome in Austria (where courts rarely set aside international arbitral awards), fully confirm Orrick's long-standing position that this award is unenforceable against Telco and does not affect Telco's ownership right over the PTC shares, but it also will be useful to Telco's efforts to reinstate its PTC appointees.

Telenor ASA.  Orrick has achieved sweeping victories in both arbitration and litigation on behalf of Telenor, a major European telecommunications company, in multi-billion dollar disputes regarding the ownership of mobile carriers in Russia and Ukraine.

Democratic Republic of Congo.  In 2011, Orrick achieved a remarkable victory on behalf of the Democratic Republic of Congo, against a vulture fund in a case of tremendous constitutional importance in Hong Kong. The Court of Final Appeal provisionally held that Hong Kong, as part of China, applies the absolute doctrine of sovereign immunity, and that the DRC had not waived and could not waive its immunity, which was a matter of convention between sovereign states. The case has raised some major legal and constitutional issues but the outcome demonstrates the strength of the Hong Kong judiciary. It was the first time that the Court of Final Appeal had made a reference up to the National People’s Congress Standing Committee for them to interpret the Basic Law.

GazTransport & Technigaz.  Orrick successfully represented GTT in a EUR€250 million dispute regarding a novel technology used to build containment systems of liquid natural gas carriers. An arbitration was conducted under the International Chamber of Commerce Arbitration Rules in London, resulting in an arbitral award dismissing all claims against GTT. The award was challenged in the Commercial Court of the High Court of Justice of London, but a judgment was handed down dismissing the application to set aside the arbitral award.

​Orrick was named to Global Arbitration Review's GAR 30 in 2012.

Asian-MENA Counsel magazine recognized a recent Orrick International Arbitration case as a "Deal of the Year" for 2012.

JUVE Handbook 2012 praises Orrick's "vast experience" in international arbitration, and lists Siegfried H. Elsing as a "Recommended Lawyer."

Orrick was named to Global Arbitration Review's Arbitration 100 in 2011.

Chambers lists W. Laurence Craig and Siegfried H. Elsing as two of the "Most in Demand Arbitrators," and ranks Robert Pé and Andrew Dale for their arbitration work in Hong Kong.

PLC Which Lawyer? endorses five members of our International Arbitration group: W. Laurence Craig, Siegfried H. Elsing, Robert Pé, Jean-Pierre Martel and Laurent Jaeger.

 

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