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Rena L. Scott

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Arbitration's Gender Parity Problems Persist Despite Gains

Law360 (February 10, 2023) -- Male arbitrators were appointed nine times out of 10 by claimants in arbitration before the International Centre for Settlement of Investment Disputes in 2022, showcasing a stubborn resistance to improving arbitrator diversity despite increasing efforts in recent years.

Rena Scott, Co-Leader of Orrick's Geneva Office, is a member of the “outstanding" International Arbitration Practice Group with “impressive arbitration skills” (Legal 500) who advises companies in highly complex and high-value disputes involving a wide variety of cross-border matters and on major projects.

Rena acts as counsel in arbitrations conducted under all the main institutional arbitration rules (ICC, LCIA, SAC, ICDR), as well as ad hoc rules, in venues around the world. She represents, among other clients, multinational FMCG companies, owners of valuable trademark licenses, companies active in the trade and commodities space, and major construction development project owners (involved in commercial, retail, residential, high rise, low rise, infrastructure, and conventional power and clean power generation energy projects), contractors and sub-contractors, including pursuant to consortia and joint venture agreements. Rena also provides assistance in the development of construction contract terms and conditions, as well as delivery assistance and construction project dispute avoidance assistance to construction development and delivery teams, works closely with Orrick's ESG practice to develop tailored ESG programs, and is regularly invited to speak on issues in the industry, where she has “great knowledge” (client commentary, Global Arbitration Review).

Rena represents clients in all stages of mediation, litigation and arbitration – from pleadings to trial/hearing to appellate matters – and in matters pending in a variety of venues, including before U.S. state and federal court, the English High Court, the British Virgin Islands, and the Isle of Man.

Active in pro bono issues, Rena has advised not-for-profit organizations on various legal aid programs around the world, and in particular in relation to zoning matters relating to important real estate projects, prepared immigration reform practice manuals for U.S. court practice, and carried out impact litigation training programs for CSOs and lawyers working on critical human rights issues in Myanmar.   Rena has also been invited to participate as Faculty for the Foundation for International Arbitration Advocacy (FIAA)'s first learn by doing workshop in Africa where international arbitration practitioners from around the world spent a week in Nairobi, Kenya working with African lawyers from around the continent on improving their witness examination, and opening and closing presentation skills.

Rena is recognized by Legal 500 as a leading International Arbitration practitioner and is a member of the Chartered Institute of Arbitrators, the Society of Construction Law and the Swiss Arbitration Association. Prior to joining Orrick, Rena worked in the Geneva office of an international law firm, and also for other top tier law firms in California.

Rena is a member of Orrick's European Leadership Board. 

  • Some of Rena’s representative matters include the following engagements:

    Energy & Infrastructure/Construction Disputes

    • Advising a major power grid solutions group on the adjudication procedure under The Scheme for Construction Contracts (England and Wales) Regulations 
    • Representing a major power grid solutions group in an ICC arbitration against a civil works contractor concerning multi-million-dollar claims arising out of a Middle East gas power project, (ICC Rules, Swiss law), as well as providing strategic advice on defensive measures available in several international courts (US, France, Switzerland).
    • Representing Spanish energy provider in an ICC arbitration arising out of construction of a solar power plant. (ICC Rules, New York law, Madrid seat).
    • Represented developer of a major financial district in the Middle East on the resolution of valuable arbitration disputes, as well as providing delivery assistance and dispute avoidance assistance. (ICC/SCCA Rules, KSA law, Riyadh seat).
    • Represented developer of a high-rise tower in the Middle East on the preparation of terms and conditions of a high-value ultra luxury fit out contract.
    • Assisted Middle Eastern developer in the assessment of its termination rights as against a contractor engaged to design, construct and complete over 30 parcels at a major financial center pursuant to modified FIDIC Yellow Book agreements, including the preparation of claims before arbitration tribunals and local courts.
    • Obtained significant award for sub-contractor on a major construction dispute, including on claims for variations, prolongation costs, disruption, suspension-related costs, inflation, finance charges, and the wrongful calling of bank guarantees; defeated main contractor knock-on costs claim. (ICC Rules, Qatari law, Qatar seat).
    • Represented one of the world’s leading power plant manufacturers in parallel ICC arbitrations arising out of EPC contracts for two projects in Germany and Poland. Obtained favorable settlements for the client. (ICC Rules. Swiss law, Zurich seat).
    • Achieved a $19 million arbitration settlement for a Saudi Arabian professional engineering firm in an arbitral proceeding arising out of a Memorandum of Understanding between the client and a Spanish engineering, procurement and construction contractor, relating to construction work on major petrochemical projects in Saudi Arabia and disputes arising out of this Memorandum of Understanding. (ICC Rules, Swiss law, Geneva seat).
    Energy & Infrastructure/Construction Claims Management
    • Assisted Middle Eastern developer in the negotiation and full and final resolution through settlement of claims (extension of time and variations) in an asserted value in excess of SAR1.5 billion in relation to MEP works, finishes, landscaping, and other works on a number of parcels at a major development pursuant to works carried out under modified FIDIC Red and Yellow Book agreements.
    • Assisted Middle Eastern developer in the preparation of a no-cost extension of time contract amendment under a modified FIDIC Red Book agreement for the construction of a major attraction at a financial center.
    • Assisted Middle Eastern developer in the negotiation of a final account in relation to electrical power substation and associated civil works pursuant to a modified FIDIC Yellow Book agreement.
    • Assisted Middle Eastern developer in the negotiation of a final account for additional design services (master plan validation, urban and landscape detail design) pursuant to a bespoke design services agreement.
    • Assisted Middle Eastern developer in the negotiation of a final account for masterplan validation participation and infrastructure detailed design services pursuant to a bespoke design services agreement.
    • Assisted Middle Eastern developer in the presentation of termination final accounts in relation to contractor works under modified FIDIC DBO and Yellow book agreements where the contractor claims were pending before Saudi courts in liquidation proceedings.
    • Assisted Contractor and Owner (developer) in the  final resolution through settlement of claims (extension of time and variation) in an asserted value in excess of SAR 457 million in relation to internal roads, utilities, infrastructure and services work carried out under a modified FIDIC Red Book agreement.
    • Assisted Middle Eastern developer in the evaluation of a district cooling contractor’s extension of time and additional cost claims and developer's own claim for liquidated damages (pursuant to a modified FIDIC DBO Gold Book agreement) through a collaborative claim resolution process.
    • Assisted Contractor and Owner, pursuant to a collaborative claim resolution process, that sought to resolve Contractor’s extension of time and additional cost claims relating to certain car parks and pursuant to a modified FIDIC Yellow Book agreement.
    • Assisted Contractor and Owner, pursuant to a collaborative claim resolution process, in the preparation of a determination of contractor claims for extensions of time and additional costs, including determinations on liquated damages, relating to contractor’s substructure and steel erections enabling works package pursuant to a modified FIDIC Red Book contract.
    • Assisted Contractor and Owner, pursuant to a collaborative claim resolution process, that included the assessment of contractor claims relating to a waste collection system at a major development in Saudi Arabia carried out under a modified FIDIC DBO Gold Book agreement.
    • Assisted Middle Eastern developer in the analysis of claims and preparation of arbitration demands i in relation to overpayment claims for works on a number of contract packages relating to construction of key parcels at a major development (FIDIC Yellow Book) and on certain major road works (including travellators, tunnels and land bridges (FIDIC Red Book)).  
    • Assisted Middle Eastern developer in responding to over 30 contractor claims arising out of the COVID-19 pandemic. 
    Joint Venture Agreements/Distribution Agreements/Supply Agreements/Commercial Disputes
    • Representing owner of valuable trademark licenses in arbitral proceedings concerning the termination of a distribution agreement and for an award of damages. (ICC Rules, Swiss law, Geneva seat).
    • Represented a joint venture party in a dispute arising out of a joint venture for the development and production of a copper mine in an eastern European country. The dispute concerned allegations that the joint venture contracts were frustrated because of a change in English law. (LCIA Rules, English law, London seat).
    • Represented a multinational beverage corporation in pre-arbitration negotiations against an international sports governing institution regarding a long-term product supply contract governed by Swiss law. The claim involved certain fundamental changes to the long-term product supply contract proposed by the counterparty. (Swiss Rules, Swiss law, London seat).
    • Represented owner of valuable trademark licenses in arbitral proceedings resulting in the termination of a joint venture agreement and for an award of damages (and interest) in excess of USD 22 million arising out of joint-venture partner's failure to adopt owner's decided pricing strategy; successfully defended owner against counterclaims valued in excess of USD 400 million; successfully defended against respondent's attempt to have the Tribunal interpret their own award. (ICC Rules, Mexican law, Paris seat).
    • Defeated a request for worldwide freezing orders seeking to freeze upwards of £91 million in assets of a Dubai-based client, and a request for permission to join the client and other companies to the English court action where claims in excess of £250 million are at issue.

    Commodities Trade Financing Disputes

    • Represented an international banking group in arbitration proceedings involving the bank’s commodity trade financing business arising out of a financing arrangement for goods stored in Bulgaria and alleging claims for breach of contract and fraud against a specialized inspection company. (ICC Rules, Swiss law, Paris seat).

    Accountants' Liability/Financial Services Litigation

    • Defended a major accounting firm in various partnership disputes concerning alleged duty to indemnify its former partners for legal expenses incurred in defending civil and criminal tax shelters proceedings. Obtained favorable settlements for the client.
    • Defended a major accounting firm in a securities class action lawsuit involving allegations of mortgage banking fraud. Obtained a favorable settlement for the client.
    Investigations
    • Assisted leading public technology innovator (Swiss HQ) in the conduct of internal whistleblower investigation, including preparation of advice to company Board of Directors.