International Arbitration and Litigation

Overview

"I was absolutely flabbergasted by his way of combining strategic insight and an immediate and profound understanding of the client’s needs."

– Chambers and Partners, 2013

BakerHostetler provides international arbitration, litigation, and alternative dispute resolution representation for multinationals, sovereign governments, international organizations, and private investors. Our lawyers have served as advocates or neutrals in complex investor-state, public international, human rights, and civil and criminal disputes in virtually every country and before major international arbitration institutions worldwide. Our lawyers also act as counsel in U.S. and state courts across the United States. Several of our partners are listed on the rosters of leading arbitral institutions and are regularly appointed as arbitrators in major commercial or investment treaty arbitrations. We regularly represent clients in complex cross-border business and investment disputes, both civil and criminal, in U.S. and foreign courts and before major arbitration forums, including the ICC, AAA/ICDR, ICSID, LCIA, PCA, DIS, NAI, WIPO, WTO, CPR and UNCITRAL.

BakerHostetler handles disputes involving complex commercial or treaty issues, antitrust, RICO, securities, M&A, public international law, environmental issues, free speech, trade, tax, intellectual property, technology licensing, construction/infrastructure, business crimes, class actions, product liability, financial distribution, franchising, and energy. We also concentrate on disputes involving sovereign government entities in investor-state and state-to-state arbitration and in U.S. courts. We have represented claimants or respondent states in cases involving Angola, Argentina, Austria, Canada, Costa Rica, Croatia, Cyprus, Dubai, England, Ethiopia, France, Honduras, India, Iran, Mexico, Pakistan, Panama, Peru, Russia, Saudi Arabia, Turkey and the United States.

Our International Arbitration and Litigation Team focuses on litigating ancillary and multijurisdictional proceedings in courts and arbitral tribunals around the world, including efforts to compel or enjoin arbitral proceedings; seek discovery pursuant to 28 U.S.C. §1782 related to an ongoing or anticipated non-U.S. arbitral proceeding; seek recognition, enforcement, annulment, set aside, or execution of arbitral awards; and seek assistance of courts and arbitral panels on interim measures and on issues of arbitrability and appointment of arbitrators.

As a testament to our global asset recovery practice, BakerHostetler has to date recovered nearly $11 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, including successfully prosecuting claims against West African companies and nationals and collecting 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 also have enforced and blocked enforcement of $70 million and $100 million awards in Argentina and Honduras.

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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 New York
Partner Washington, D.C.
Partner New York
Of Counsel Washington, D.C.
Partner Houston
Partner Washington, D.C.
Partner Houston
Counsel Philadelphia
Partner Orlando
Associate New York
Associate New York
Partner Chicago
Partner New York
Counsel Washington, D.C.
Partner Washington, D.C.
Counsel Washington, D.C.
Associate New York
Associate New York
Partner New York
Partner Houston
Partner Cleveland
Partner Washington, D.C.
Partner New York
Staff Attorney Washington, D.C.
Partner Washington, D.C.
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.
  • Arbitrator for over 140 hearings for the National Arbitration Forum with respect to domain name cases.

Recognition

  • BTI Client Service 30: BakerHostetler advanced 19 positions to #9 (2016)
  • 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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