Over the past two years, Squire Sanders has represented clients in some of the world’s most significant international arbitrations, according to the Arbitration Scorecard published by The American Lawyer.
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International Dispute Resolution
Disputes involving multiple countries and legal systems present complex challenges, which require a deep understanding and practical experience with the applicable rules and practices of multiple jurisdictions. Squire Sanders’ international dispute resolution (IDR) team is skilled at applying creative and efficient solutions to these challenges. With 37 offices reaching across 18 countries, Squire Sanders is one of a small number of legal practices able to serve the IDR needs of clients on a truly global basis.
We have long-established practice groups throughout the Americas, Europe and Asia immersed in the dispute resolution practices specific to each region. We are respected as formidable litigators and trial lawyers, as well as leaders in alternative dispute resolution (ADR). Our award-winning practice sets itself apart by finding innovative and practical solutions and employing strategic techniques including early case evaluation; screening for appropriate dispute resolution procedures; billing and status-reporting flexibility; and a range of technology tools, combined with professionalism and commercial awareness.
Our lawyers are highly experienced in all forms of dispute resolution including:
- Adjudication
- Advocacy
- Arbitration
- Dispute prevention
- Expert determination
- Litigation
- Mediation
We anticipate our clients' risk exposure, provide consultation on structuring contract remedies and instinctively see the problems posed by particular disputes in the context of the client's broader business interests.
Trained in multiple jurisdictions, we work daily as members of diverse multinational teams. Our IDR practice includes practitioners experienced in complex and high-value claims, as well as routine cases. Additionally, we are leaders in bilateral investment treaty arbitration, the most important frontier of international law. We have participated in high-profile treaty cases including those involving banking and monetary regulation, the petroleum industry, electrical generation and gold mining. We are also preeminent in representing buyers in the negotiation and arbitration of natural gas price reviews (gas re-openers).
Common Provisions in International Arbitration Agreements – A Key Issues Checklist
Most, if not all, international conventions and national arbitration laws require an arbitration agreement be in writing to be valid. The following checklist, offered in several languages, reviews the key issues you should be aware of when preparing international arbitration agreements.
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Representative Experience
- Representing the Republic of El Salvador, through a government instrumentality, in a US$250 million dispute arising from a hydrothermal energy concession in an ICC arbitration.
- Representing a BVI company in a US$29 million dispute (the subject of an ICC arbitration) with its joint venture partner in relation to the funding of the development of an oil field in Kazakhstan.
- Representing Russian investors in the gold mining industry in an investment arbitration relating to the imposition of a windfall profit tax by the Government of Mongolia.
- Defending proceedings commenced by a media group over the rights to international golf events.
- Obtaining dismissal based on abuse of process at the jurisdictional phase of a case accusing our client, the Czech Republic, of violating its bilateral investment treaty (BIT) with Israel, a first for an investment treaty case. The matter was heard in Paris under International Centre for Settlement of Investment Disputes (ICSID) rules. The damage amount at issue was more than US$100 million.
- Representing a money-center bank as assignee of a US$33 million loan that had been made to a Malaysia-based energy company by a Malaysia-based bank. Both the borrower and the bank had become insolvent, and the loan was assigned to our client in the liquidation proceedings ordered by the Malaysia banking authorities, which involved assets located in Nigeria, Hong Kong, Kenya, the Philippines and the Dominican Republic. At the time of the default a 155 MW power barge, part of the collateral for the loan, was anchored off the Dominican Republic. We represented the loan assignee in connection with litigation proceedings and negotiations in the Dominican Republic that ultimately led to the barge's sale to a third party for US$14.5 million, nearly half of the outstanding debt.
- Advising on substantial and complex multimillion pound claims arising out of the failure of Lehman Brothers.
- Advising a major US-based medical device company on borderline product authorization issues in the medical device field and related representations to the UK MHRA.
- Handling professional negligence claims against investment advisors and an investment manager, concerning a £5.8 million loss caused by the incorrect implementation of currency hedges against a £54 million investment in foreign currency bonds.
- Representing a Canada-based investor group before ICSID in a dispute against Hungary alleging breaches of the Canada-Hungary BIT. The arbitrator awarded approximately US$84 million in damages to the claimants, for whom we acted as co-counsel.
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The 4th edition GAR 100, a guide to the top 100 international arbitration law firms, listed Squire Sanders among its top 30 and wrote, "A recent merger with UK firm Hammonds has added manpower in London, Paris, New York and Hong Kong. Von Mehren told GAR in a recent interview that the practice now has more than 80 international disputes lawyers in Asia, Europe, the Middle East and the Americas."
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