Mark A. Cymrot

Partner

Washington, D.C.
T 202.861.1677  |  F 202.861.1783
"I was absolutely flabbergasted by his way of combining strategic insight and an immediate and profound understanding of the client's needs."
— Chambers USA 2013

Mark Cymrot is a first chair attorney who handles complex international and commercial arbitration and litigation and is a member of esteemed international arbitration panels. He has published articles on litigation and arbitration issues, such as "Cross-Examination in International Arbitration (Disputes Resolution Journal, 2007), "Barricades at the IMF: Creating a Municipal Bankruptcy Code for Foreign States" (The International Lawyer, 2002), "Reforming the Sovereign Immunities Act" (Working Group of the American Bar Association, 2002), "The Forgotten Rule" (Journal of ABA Litigation Section, 1992), and "Squeezing Silver" (Journal of ABA Litigation Section, 1991).

Mark leads BakerHostetler's International Disputes practice. He is ranked in Chambers USA 2013, The Best Lawyers in America© in International Arbitration—Commercial and Governmental, and Who's Who in America.

Select Experience

Arbitration
  • Served as chair or neutral on arbitration panels in contract disputes between a Japanese company and a Latin government, British and American defense contractors, a major private equity fund and a Swedish trucking company, and a major U.S. defense contractor and its Slovak local representative.
  • Serving as counsel, arbitrated franchise disputes against a major payment card issuer, a shipping dispute for cargo transported between Russia and China, a securities dispute for a market maker against a brokerage firm, and a London reinsurance dispute arising from a plane crash.
Commercial and Financial Lawsuits
  • Served as worldwide lead counsel to the Republic of Peru in $10 billion in lawsuits in eight countries brought by major international banks seeking repayment of sovereign debt and obtained unprecedented decisions regarding the restructuring of sovereign loans.
  • Tried and won a $197 million jury verdict against a Texas billionaire and others for an international conspiracy among major brokerage houses, a Swiss bank, and individual investors to manipulate silver prices.*

* Does not guarantee similar results in comparable matters.

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Experience

Arbitration
  • Served as chair or neutral on arbitration panels in contract disputes between a Japanese company and a Latin government, British and American defense contractors, a major private equity fund and a Swedish trucking company, and a major U.S. defense contractor and its Slovak local representative.
  • Serving as counsel, arbitrated franchise disputes against a major payment card issuer, a shipping dispute for cargo transported between Russia and China, a securities dispute for a market maker against a brokerage firm, and a London reinsurance dispute arising from a plane crash.
  • Represented the Republic of Peru in an ICSID arbitration arising from a claim of denial of justice and a Canadian lumber company in a NAFTA claim against the United States arising from allegedly discriminatory trade restrictions.
  • Litigated challenges to arbitration clauses, appeals of arbitral awards, challenges to the composition of an arbitral tribunal, and enforcement proceedings.
Commercial and Financial Lawsuits
  • Served as worldwide lead counsel to the Republic of Peru in $10 billion in lawsuits in eight countries brought by major international banks seeking repayment of sovereign debt and obtained unprecedented decisions regarding the restructuring of sovereign loans.
  • Tried and won a $197 million jury verdict against a Texas billionaire and others for an international conspiracy among major brokerage houses, a Swiss bank, and individual investors to manipulate silver prices.*
  • Defeated $37 million fraud and breach of fiduciary duty claims and won counterclaims in a jury trial brought by Brunei's sovereign wealth fund and a Bruneian prince.*
  • Defended the Fulton Fish Market Cooperative in a trial seeking to halt the market's historic move from Manhattan to the Bronx.
  • In lawsuits raising sovereign and international organizations' immunities issues, defended the Republic of Peru, the High Representative of Bosnia and Herzegovina, IMF, and World Bank.
  • Recovered more than $11 million from a major U.S. bank that allegedly abetted an embezzlement and $11 million from a major telecommunications company on a fraud claim.*
  • Represented Puerto Rico's largest newspaper in a civil rights lawsuit against the Governor for attempting to suppress free speech and obtained summary judgment in an antitrust suit alleging the newspaper was monopolizing the print market by printing advertising inserts.

* Does not guarantee similar results in comparable matters.

Recognitions

  • Chambers Global: International Arbitration (USA) (2014)Cymrot, Mark A
  • Chambers USA: International Arbitration in the District of Columbia (2013, 2014)
  • The Best Lawyers in America© (2010 to 2015)
    Copyright 2013 by Woodward/White, Inc., of Aiken, SC
    • Washington, D.C.: International Arbitration – Commercial
    • Washington, D.C.: International Arbitration – Governmental
  • Martindale-Hubbell: AV Preeminent
  • Who's Who Legal 100 (Asset Recovery)
  • Who's Who in America
  • Who's Who in American Law
  • Washington, D.C. "Super Lawyer" (1990 to 2014)

Memberships

  • International Centre for Dispute Resolution: Panel of Arbitrators
  • Chartered Institute of Arbitrators
    • Fellow
    • Washington, D.C., Chapter: Chair
  • London Court of International Arbitration
  • American Law Institute: Elected Member
  • American Law Institute's Restatement Fourth, Foreign Relations Law of the United States: Advisor on Sovereign Immunity
  • American Bar Association
    • Working Group: Prepared "Recommendations and Report on the U.S. Foreign Sovereign Immunities Act," a comprehensive appraisal of the statute that provides sole basis for jurisdiction in U.S. courts for lawsuits against governments and state-owned companies.

Services

Prior Positions

  • Justice Department: Special Litigation Counsel (1972 to 1977, 1979 to 1983)
    • Litigated major commercial lawsuits for the U.S. government; resulted in $17 million recovery from a major steel company and $11 million from a major photography equipment company for violations of the False Claims Act.
    • Defended the five bank regulatory agencies from a $330 million claim arising from the nation's then-largest bank failure.
    • Defended claims that arose when an organized crime task force informant misappropriated a $1.75 million certificate of deposit.

Admissions

  • U.S. Supreme Court, 1977
  • U.S. Court of Appeals, Second Circuit, 1996
  • U.S. Court of Appeals, Fourth Circuit, 1974
  • U.S. Court of Appeals, Fifth Circuit, 1980
  • U.S. Court of Appeals, District of Columbia Circuit, 1973
  • New York, 2000
  • District of Columbia, 1973

Education

  • J.D., Columbia University School of Law, 1972
  • B.A., The George Washington University, 1969