International Arbitration
Orrick, Herrington & Sutcliffe LLP represents clients from around the world in alternative dispute resolution mechanisms, such as mediation, conciliation, minitrials and arbitrations.
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, Milan, Moscow, Hong Kong and Tokyo.
Orrick lawyers have familiarity with all of the leading arbitration institutions, such as the International Chamber of Commerce ("ICC"), the London Court of International Arbitration ("LCIA"), the American Arbitration Association ("AAA"), the International Centre for Settlement of Investment Disputes ("ICSID"), the China International Economic and Trade Arbitration Commission ("CIETAC"), the International Commercial Arbitration Court ("ICAC") at the Chamber of Commerce and Industry of the Russian Federation, and the Hong Kong International Arbitration Centre. In particular, William 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 on "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.
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. Orrick has been recognized for its litigation capabilities; and in fact, the firm, was recently profiled in The American Lawyer's "Litigation Department of the Year" survey, which focuses on the leading litigation practices in the United States ("A Distinguished Dozen," January 2006).
The in-depth experience of our lawyers and their highly responsive attitude to the needs of Orrick's clients have been widely acknowledged. By way of example, Orrick's dispute resolution practice was recommended in PLC Which Lawyer? Yearbook 2004 and a number of our lawyers are recognized as leaders in international arbitration in publications such as Chambers Global: The World's Leading Lawyers 2004; The Euromoney Guide to the World’s Leading Experts in International Arbitration; and The International Who's Who of Commercial Arbitrators. Orrick's arbitration capability has been particularly competitive in Russia and China. Orrick lawyers also have served as arbitrators in numerous international arbitration proceedings.
In addition to our experience as counsel and as arbitrators in 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 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.
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 across a range of industries, including:
Construction
- A construction consortium in an AAA arbitration among the consortium and the owner of a turnkey chemical plant in Brazil;
- an ICC arbitration regarding a $250 million construction claim surrounding an oil terminal in the Baltic States;
several Russian companies in arbitration proceedings held in Zurich arising out of construction contracts;
- a U.K. construction company in a number of arbitration matters relating to defective work and involving sub-contractors, architects and employers, among other parties;
- an Italian construction company in an ICC arbitration against a Spanish energy company in a $20 million dispute arising out of a subcontract for the construction of a power plant situated in Puerto Rico;
- a French cables supplier in an ICC arbitration with an English company in a dispute arising out of a subcontract for the construction of the Channel Tunnel;
- a French construction company in an ICC arbitration against a German company in a dispute arising out of a subcontract for the construction of a power plant in France;
- an Italian construction company in an ICC arbitration against the Republic of Chad in a dispute arising out of the construction of a road;
- a French construction company in an ICC arbitration against the Republic of Burkina Faso in a dispute arising out of the construction of a road;
- a Moroccan construction company in an ICC arbitration against a Japanese company in a dispute arising out of the payment for supplemental works;
- an ICC arbitration involving Belgian and Monégasque companies in a dispute related to the construction of a real estate/hotel complex; and
- the owner of a waste-coal-fired power plant in an AAA arbitration against the EPC contractor for design and construction defects.
Energy, Oil and Gas
- A Dutch co-owner of one of the largest oil refineries in Germany in an ICC arbitration involving the issue of a forced buyout and claims for losses arising from oil trading in connection with refinery activities;
- a European energy company in an LCIA arbitration proceeding against a Russian company in a $50 million dispute over option rights in the shares of the Russian company's subsidiary, which held a Russian oil extraction license;
- a major U.S. energy company in a LCIA arbitration regarding a $30 million dispute concerning a lucrative coal supply contract and derivatives trading;
- a major oil company in a Stockholm arbitration involving a refinery joint venture;
- a major oil company in an ICAC arbitration in Moscow in a dispute related to the export of oil from Russia;
- a mid-sized industrial conglomerate in a private arbitration arising out of its purchase of a drilling operation in Algeria;
- a state-owned electricity utility in a successful challenge to the jurisdiction of the arbitrators in an LCIA arbitration claim for $30 million against a multinational oil company arising under a long-term gas supply agreement;
- an ICC arbitration involving U.S. and Dutch companies in a dispute related to the sale of a petroleum pump business;
- a state power utility from a Central American country in an UNCITRAL arbitration against an American investor in a $60 million dispute over the interpretation of contractual provisions determining the costs for the transmission of electricity to be reimbursed by the state power utility; and
- a French company in an ICC arbitration against a Georgian consortium in a dispute related to a drilling project in Georgia.
Insurance
- A major insurance company in a $500 million dispute before the Arbitration Institute of the Stockholm Chamber of Commerce (the "SCC") regarding the validity of numerous reinsurance contracts;
- certain affiliates of a U.K.-based insurance company in a matter seated in New York drawing upon the AIDA Reinsurance and Insurance Arbitration Society arbitration rules as guidance regarding the rescission of reinsurance contracts based on material representations made by a group of U.S.-based insurance companies; and
- a major pharmaceutical manufacturer in an arbitration against a Bermuda-based insurance company brought under the Bermuda Arbitration Act in a coverage dispute arising out of an underlying mass tort involving a contraceptive product.
Manufacturing and Distribution
- An English water supplier in both an AAA and a JAMS dispute involving the design and construction of water treatment facilities in the United States;
- a Japanese automotive manufacturer in an arbitration under the auspices of the Japan Commercial Arbitration Association with one of its largest distributors over the termination of a chemical patent and know-how agreement;
- a Spanish distributor in a breach of contract matter initiated by a Russian car manufacturer in an ICAC arbitration in Moscow;
- an American corporation in an arbitration conducted under the auspices of the SCC against a Russian company for the breach of a contract relating to the sale of pharmaceutical products;
- a U.S. airline in a private arbitration against a German manufacturer of jet engines regarding engineering responsibility for repairs to several jet engines that failed in flight; and
- a U.S. manufacturer of office products in an ICC arbitration with its Chilean distributor over various alleged breaches of an exclusive distribution agreement.
Securities, Banking and Finance
- A Canadian chemicals company in an AAA arbitration with its seat in New York in the defense of a breach of contract claim for the sale of certain chemicals following a force majeure at one of its petrochemical manufacturing facilities;
- a venture capital company in an LCIA arbitration regarding a $25 million banking and financial dispute involving Kuwaiti banking practices;
- the limited partners of a Singapore financial group in an AAA arbitration regarding a "no-fault divorce" in a private equity limited partnership;
- a Dutch investment company in an ICSID arbitration against the Tunisian Republic in a dispute derived from the expropriation of a foreign investment in a Tunisian privatized bank. The arbitration was commenced on the basis of a bilateral investment treaty between the Netherlands and Tunisia; and
- a U.S.-based holding company in an ICC arbitration with its seat in Paris regarding an ownership and leasehold rights dispute with a European-based bank and certain of its affiliates.
Telecommunications and Information Technology
- An English Internet concern in an LCIA arbitrated dispute with its American shareholders;
- a French media and telecommunications conglomerate in two arbitrations under the auspices of the Vienna International Arbitral Centre and an arbitration under the LCIA Rules regarding its investment in Poland;
- a French telecommunications provider in an AAA arbitration with a U.S. utility in a dispute over rights in a joint venture in the United States;
- an international computer company in a breach of contract case in an ICAC arbitration in Moscow;
- a Scandinavian telecommunications company in an SCC arbitration against a Russian broker;
- a Taiwanese computer and telecommunications equipment manufacturer in the successful defense of an AAA dispute regarding claims that it violated certain exclusivity provisions under a manufacturing agreement;
- a telecommunications company based in Belize and a privately held media and telecom company based in the U.S. Virgin Islands in an investor/state arbitration seated in Canada before a special UNCITRAL arbitral tribunal arising out of a breach of a share purchase agreement among the parties;
- two international telecommunications companies in several arbitrations under AAA rules and state mandated procedures involving network design and costs;
- a South Korean biometrics company that develops fingerprint recognition devices in an AAA arbitration involving a number of issues, including breach of fiduciary duty, embezzlement, accounting fraud claims, patent, copyright, trade secret, false advertising and business tort counterclaims;
- a French media group in an ad hoc French/Italian arbitration in Geneva with an Italian media group in a dispute in relation with the termination of a joint venture;
- a Belgian media company in an ICC arbitration against a French company regarding a joint venture in Poland; and
a French telecommunication company in an ICC arbitration against a Swiss company in a dispute arising out of the lease of a satellite link.
Shipping, Transport and Maritime
- A designer and manufacturer of yachts in an ICC arbitration seated in Geneva regarding a warranty claim dispute brought by a marketing and communications firm;
- an Eastern European ship building company in an LCIA arbitration with a Greek ship management company over liability to pay a joint venture loan;
- a leading container shipping company based in France and its subsidiary in an LCIA arbitration involving the alleged breach of contract for a joint venture in Singapore for the development and operation of a container terminal; and
- numerous disputes before the London Maritime Arbitrators Association arising under charterparties and ship sale and purchase agreements, including joint venture disputes.
Orrick also is recognized as one of the leading authorities on issues concerning the enforcement of employment arbitration agreements. Orrick lawyers have represented the Securities Industry Association before the U.S. Supreme Court and other courts in such matters, and have spoken and written widely on these topics.
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