International Arbitration and Litigation

Overview

“Baker & Hostetler LLP is ‘first rate’, according to one client, ‘the practice works well as part of an international team on cross-border cases.’”

– Legal 500 2018

BakerHostetler provides international arbitration, litigation and alternative dispute resolution representation for multinational companies, sovereign state governments, international organizations and private investors. We serve as advocates and arbitrators in complex commercial, investor-state and public international law disputes before major international arbitration institutions and courts worldwide. We also act as trial counsel in federal and state courts across the United States, particularly in proceedings to enforce or set aside arbitral awards or in Section 1782 discovery actions related to foreign arbitral and court proceedings.

Several of our partners are world-renowned leaders of the international arbitration bar and are regularly appointed as arbitrators in significant commercial or investment treaty arbitrations.

The team, comprising more than 30 lawyers, regularly represents clients before major arbitration forums, including the ICC, AAA/ICDR, ICSID, LCIA, PCA, DIS, NAI, WIPO, WTO, CPR and UNCITRAL. We currently serve as counsel to clients in proceedings in 28 countries.

As a testament to our global asset recovery practice, BakerHostetler has to date recovered more than $12.84 billion of an estimated $17.5 billion in principal stolen by Bernard Madoff in his infamous decades-long Ponzi scheme. BakerHostetler is court-appointed counsel to the Securities Investor Protection Act (SIPA) Trustee Irving H. Picard for the liquidation of Bernard L. Madoff Investment Securities LLC.

Our team has developed a number of regional and industry-specific specialties. We have both arbitrated and litigated throughout Latin America in commercial and investor-state disputes. We defended the Republic of Peru in $10 billion in lawsuits worldwide for defaults on its foreign commercial debt. We have also enforced and blocked enforcement of $70 million and $100 million awards in Argentina and Honduras. We have successfully prosecuted claims against West African companies and nationals, and collected awards in “traditionally unfriendly” jurisdictions. In three recent cases, we collected $14 million, $5 million and $3 million from a Nigerian rig owner, a ship charterer and a ship mortgage holder, respectively. We have arbitrated extensively in the energy, financial and securities, and construction industries.

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As a large national law firm with more than 900 attorneys, we are able to tap into our vast resources to handle a wide variety of international disputes, including the following:

  • Our white collar defense attorneys represent clients in U.S. and state courts in connection with the Foreign Corrupt Practices Act (FCPA), assets forfeitures, money laundering, extraditions, and asset tracing. Click here for more information on our FCPA practice.
  • Our antitrust lawyers routinely assist clients around the world in civil, grand jury, and criminal investigations, and multidistrict involving cartels, unfair competition, and other antitrust disputes. Click here for more information on our Antitrust practice.
  • Our tax lawyers are internationally recognized for their experience defending clients in connection with off-shore tax investigations and litigation. Click here for more information on our International Tax practice.
  • Our government relations team routinely helps clients resolve transnational disputes related to public contracts awarded by U.S. and foreign governments. Click here for more information on our Government Contracts practice.
  • Along with a worldwide network of affiliates, our intellectual property attorneys have considerable global experience handling international disputes involving patents, trademarks, trade dress, copyrights, domain names, and cybersquatting. Click here for more information on our Intellectual Property practice

Select Experience

  • Defended Ford Motor Company from a $42 million fine levied for trade with component manufacturing plants in Mexico.
  • Represented United States Polo Association in an ICC arbitration with Ralph Lauren Corporation, in which the ICC denied Ralph Lauren an exclusive right to use and control “.polo” as a suffix in Internet domain names.
  • Represent several tobacco company clients in the first year of a multi-year dispute allocating payments among 22 states under the Tobacco Litigation Master Settlement Agreement of 1998.
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Professionals

Name Title Office Email
Partner Washington, D.C.
Partner New York
Of Counsel Washington, D.C.
Partner New York
Partner Houston
Partner Washington, D.C.
Partner Houston
Partner Philadelphia
Partner Orlando
Associate New York
Associate New York
Partner Chicago
Partner New York
Associate New York
Counsel Washington, D.C.
Partner Washington, D.C.
Associate Washington, D.C.
Counsel Washington, D.C.
Associate New York
Associate New York
Partner Houston
Partner Cleveland
Associate New York
Partner Cleveland
Partner Washington, D.C.
Partner New York
Staff Attorney Washington, D.C.
Partner Washington, D.C.
Associate Houston
Associate New York
Partner Chicago
Partner New York

Experience

Litigation
  • Worldwide defense counsel for the Republic of Peru in 55 lawsuits across five countries to recover $10 billion in defaulted sovereign commercial debt. Our attorneys developed novel legal theories where none existed, establishing a framework for how sovereign defaults are litigated in U.S. courts.
  • Defended Ford Motor Company from a $42 million fine levied for trade with component manufacturing plants in Mexico.
  • Defeated $37 million fraud and breach of fiduciary duty claims by Brunei’s sovereign wealth fund and Bruneian prince.
Arbitration
  • Represent a German subsidiary of a major U.S.-based manufacturer in an ICC arbitration with Brazilian energy developers to pay for and take delivery of equipment for use in the construction of an electric power generation station.
  • Represented United States Polo Association in an ICC arbitration with Ralph Lauren Corporation, in which the ICC denied Ralph Lauren an exclusive right to use and control “.polo” as a suffix in Internet domain names.
  • Represent several tobacco company clients in the first year of a multi-year dispute allocating payments among 22 states under the Tobacco Litigation Master Settlement Agreement of 1998.
  • Chaired an ICDR tribunal in a dispute between a Swedish conglomerate and a U.S. private equity fund regarding inventory in a sold subsidiary.
  • Chaired an ICDR tribunal in a dispute between a U.S. defense contractor and its Slovak sales agent over commissions arising from a system sold to the Slovak Ministry of Defense.
  • Represented a leading prepaid network company in contractual disputes with an international financial services company over distribution rights for branded pre-paid gift and debit cards. We implemented a strategy seeking emergency interim and permanent injunctive relief under the AAA arbitration rules to protect our client’s exclusive rights, which enabled our client to secure a highly favorable settlement of all disputes.

Recognition

  • Chambers USA: Litigation: General Commercial
    • Ohio (2007 to 2018)
      • Band 2
    • Recognized Practitioner in Florida (2014 to 2018)
  • Recognized as one of the top law firms for client service, we were named to the 2018 BTI Client Service 30 for the fourth consecutive year.
  • The Legal 500 United States: Dispute Resolution - International Arbitration, Tier 4 (2018)
  • The Legal 500 United States: Dispute Resolution - International Litigation, Tier 3 (2018)
  • U.S. News - Best Lawyers "Best Law Firms" (2016)
    • Arbitration
      • Metro Chicago, Tier 1
      • Metro Cincinnati, Tier 1
    • International Arbitration - Commercial
      • National Tier 3
      • Metro Washington, D.C., Tier 3
    • International Arbitration - Governmental
      • National Tier 3
      • Metro Washington, D.C., Tier 3
    • Mediation
      • Metro Chicago, Tier 1
      • Metro Cincinnati, Tier 1
  • The Best Lawyers in America© (2016)
    • 4 lawyers named in Arbitration
    • 1 lawyer named in International Arbitration - Commercial
    • 1 lawyer named in International Arbitration - Governmental
    • 2 lawyers named in Mediation

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