International Arbitration

GLOBAL REACH

Davis Polk’s global arbitration practice includes lawyers across North America, Europe and Asia. With our worldwide platform, we provide seamless advice to clients and are equipped to handle international disputes under the laws of any country.

EXCEPTIONAL CLIENT FOCUS

Our integrated team of world-class litigators has in-depth:

  • Commercial understanding of the relevant industry sector;
  • Knowledge of the law applicable to the dispute;
  • Experience with the arbitral process; and
  • Technical (nonlegal) knowledge.

We are highly skilled in using the unique features of arbitration to successfully achieve the business goals of clients.

DEPTH OF PRACTICE

We routinely handle cross-border commercial disputes in connection with joint ventures, corporate transactions or IP rights, suitability claims against brokerage firms, as well as investor-state disputes, including claims of expropriations.

EXPERIENCE IN KEY LOCATIONS

Our litigators advise clients under all major arbitration rules and are experienced in a vast range of venues, including the:

  • International Chamber of Commerce (“ICC”)
  • American Arbitration Association (“AAA”) and its International Centre for Dispute Resolution (“ICDR”)
  • London Court of International Arbitration (“LCIA”)
  • United Nations Commission on International Trade Law (“UNCITRAL”)
  • French Arbitration Committee (“CFA”)
  • International Centre for Settlement of Investment Disputes (“ICSID”)
  • Singapore International Arbitration Centre (“SIAC”)
  • Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”)
  • Hong Kong International Arbitration Centre (“HKIAC”)
  • China International Economic and Trade Arbitration Commission (“CIETAC”)

We pride ourselves on working with clients to design the most effective, intelligent approach to the resolution of a matter.

NORTH AMERICA

  • Corsair Capital in an ICDR arbitration with over $350 million at stake against a former business partner arising out of a complex Indian banking transaction. The transaction was also the subject of substantial related litigation and regulatory inquiries in India and of expedited litigation in Mauritius.
  • A privately held corporation which owns and operates telecommunications companies throughout the world, in an arbitration against a minority shareholder with respect to a dispute arising from their refusal to provide additional capital in response to a capital call.
  • An investment adviser in an ICDR arbitration against an Indian power company over the default and acceleration of a promissory note given in connection with the adviser’s sale of a coal refining company.  
  • A global power company in a multi-week international ICC arbitration related to the engineering and construction of a power plant in the Netherlands. The dispute was governed by both Texas and Dutch law.
  • A national law firm in an arbitration proceeding involving malpractice claims totaling hundreds of millions of dollars.
  • A U.S. real estate investment and development company in an AAA arbitration proceeding in New York against a former partner.
  • A major television network in AAA arbitration in connection with the dissolution of a joint venture to produce programming.
  • Bank of America, N.A. regarding a dispute with its former landlord, Solow Building Co. The arbitrator decided all issues in Bank of America’s favor, awarding the bank the full amount of its claim while denying every one of the landlord’s counterclaims.
  • J.R. McDermott, a Texas-based oil and gas company, in ICC arbitration in London against Maritime Industrial Services, an oil company based in the United Arab Emirates, arising out of the company’s merger with Offshore Pipeline, a Texas-based oil company.
  • Major financial institution in NYSE arbitration related to research analyst claims, including a unanimous decision in an arbitration involving a claimant attempting to hold our clients jointly and severally liable for $164 million based on alleged losses resulting from the claimant’s investments in a once high-flying Internet stock.
  • First Wind, an alternative energy company, in AAA arbitration against Clipper Windpower, a wind turbine manufacturer.
  • A California-based real estate investing firm in connection with claims asserted by a former executive regarding the terms of his employment arrangement. The dispute spanned multiple tribunals, including a New York-based arbitration and litigation in both the California trial and appellate courts.
  • T-Mobile in putative class actions alleging a price-fixing conspiracy with the other national wireless carriers in connection with  common short code (“CSCs”) text services. The court granted defendants’ motion to compel individual arbitration and stayed the action pending arbitration. 
  • Kidder, Peabody in its NASD arbitration with Joseph Jett relating to alleged fraud by Jett in the trading of government securities derivatives.
  • A New York-based investment bank in a FINRA arbitration involving allegations of fraud, negligence and unauthorized trading practices by a former employee.
  • A U.S. company involved in a $2 billion arbitration in New York regarding the interpretation of agreements involving exposure to asbestos liabilities.
  • A major private equity fund sponsor in a breach of fiduciary duty claim brought by a former manager of and investor in a fund. Our client prevailed on all of the claims asserted after an eight-day AAA trial.
  • Several global pharmaceutical companies in arbitration regarding various product licensing agreements.

LATIN AMERICA

  • A privately held corporation which owns and operates telecommunications companies throughout the world, in an arbitration against a minority shareholder with respect to a dispute arising from their refusal to provide additional capital in response to a capital call.
  • An Argentinean joint venture in an ICC arbitration in London brought by a major multinational energy company. We secured an important victory for our client, at issue in the arbitration was one of several long-term natural resource supply contracts between the multinational energy company and our client.
  • Citicorp in an arbitration proceeding concerning the prepayment to Citibank Mexico by the Instituto para la Protección al Ahorro Bancario, a government agency that oversees the Mexican banking system, of a promissory note in favor of Confia, S.A., a pension fund administrator in El Salvador.
  • J.P. Morgan in a lawsuit filed by Dorigol, a Latin-American client of J.P. Morgan's private bank, against J.P. Morgan, Morgan Guaranty and an individual broker alleging that, through fraud and misrepresentations, defendants induced it to invest in high-risk emerging market securities and complex option transactions and to recklessly leverage its portfolio.
  • A leading brewer, based in Argentina, in an ICC arbitration arising out of a proposed merger between our client and a Brazilian brewer.
  • A Spanish gaming company in an ICC arbitration relating to a dispute over a consulting services agreement for services provided to its South and Central American operations.

EUROPE

  • Kempinski, a Swiss luxury hospitality group, in ICC arbitration in Paris relating to the termination of a long-term operating agreement entered into by Kempinski and the Moroccan owner of a luxury hotel in Marrakech.
  • Quinsa, a beverage bottler based in Luxembourg, in ICC arbitration arising from a merger.
  • A Spanish gaming company in an ICC arbitration relating to a dispute over a consulting services agreement for services provided to its South and Central American operations.
  • A Spanish telecommunications company in an ICC arbitration relating to the sale of one of its subsidiaries to a U.S. investor.
  • J.R. McDermott, a Texas-based oil and gas company, in ICC arbitration in London against Maritime Industrial Services, an oil company based in the United Arab Emirates, arising out of the company’s merger with Offshore Pipeline, a Texas-based oil company.
  • A global power company in a multi-week international ICC arbitration related to the engineering and construction of a power plant in the Netherlands. The dispute was governed by both Texas and Dutch law.
  • Several global pharmaceutical companies in arbitration regarding various product licensing agreements.
  • An Argentinean joint venture in an ICC arbitration in London brought by a major multinational energy company. We secured an important victory for our client, at issue in the arbitration was one of several long-term natural resource supply contracts between the multinational energy company and our client.
  • Ford in an international arbitration with FIAT, the Italian automobile manufacturer, regarding Ford’s sale of its tractor and farm businesses to FIAT.

ASIA

  • Corsair Capital in an ICDR arbitration with over $350 million at stake against a former business partner arising out of a complex Indian banking transaction. The transaction was also the subject of substantial related litigation and regulatory inquiries in India and of expedited litigation in Mauritius.
  • A natural resources company in arbitration with the government of the Republic of Indonesia in connection with mining contracts.
  • J.R. McDermott, a Texas-based oil and gas company, in ICC arbitration in London against Maritime Industrial Services, an oil company based in the United Arab Emirates, arising out of the company’s merger with Offshore Pipeline, a Texas-based oil company.
  • A private equity consortium in a SIAC arbitration in Singapore against the India-based promoters of a joint venture company holding energy infrastructure assets in India.
  • A Taiwanese corporation in an arbitration dispute with an international investor.
  • A PRC lender in CIETAC arbitration proceedings to recover a loan provided for the acquisition of  a controlling stake in a Hong King listed company.

AFRICA

  • The founder of La Cinquième Saison, a Tunisian company,in ICC arbitration in Paris related to the termination of an industrial partnership in Tunisia entered into between La Cinquième Saison and the Spanish group SanLucar.
  • Corsair Capital in an ICDR arbitration with over $350 million at stake against a former business partner arising out of a complex Indian banking transaction. The transaction was also the subject of substantial related litigation and regulatory inquiries in India and of expedited litigation in Mauritius.
  • Comilog, a Gabonese subsidiary of French mining company Eramet, in an action brought by Sacinter S.A. to obtain payment of an earn-out on the sale of shares in a Gabonese company.