Kenneth B. Reisenfeld

Partner

Washington, D.C.
T +1.202.861.1545
F +1.202.861.1783

"[Ken] is a seasoned lawyer with great knowledge of the law and fantastic legal abilities." Another commentator praised his “strong analytical mind” [and] “elegant judicious manner.” 

— Chambers Global 2022

Overview

Ken Reisenfeld is the global leader of BakerHostetler’s Investor-State Arbitration team. A Chambers and Legal 500-ranked lawyer, he is among the world’s leading advocates and arbitrators in cross-border contract, commercial, licensing and investment treaty disputes. Over the past 40 years, Ken has successfully represented global companies or sovereign-controlled entities before the most prominent international and regional arbitration centers around the world (e.g., ICSID, LCIA, ICC, ICDR, CPR, DIS, HKIAC, SIAC, QICCA, NAI) and in significant ad hoc tribunals (e.g., UNCITRAL and PCA), including in investor-state and state-to-state arbitrations. He also regularly serves as an advocate or an arbitrator in complex commercial disputes with an emphasis on technology, telecommunications, pharmaceutical, IP licensing, M&A, oil and gas, renewable energy, mining, international distribution and construction/infrastructure arbitrations.

Following his service at the U.S. Department of Justice assisting the U.S. Attorney General, Ken spent years at a prior firm litigating expropriation claims before the Iran-U.S. Claims Tribunal and other investment treaty cases before ICSID. Ken has developed exceptional experience representing sovereign government entities and multinational companies in investment disputes governed by contract, investment treaties or public international law. Clients regularly rate Ken exceptional not only for his strong advocacy skills and balanced decision-making as an arbitrator, but also for his far-sighted, cost-efficient strategies and thorough preparation.

Ken is recognized as a leading advocate and arbitrator by peer-reviewed publications, including Chambers Global, Chambers USA, Legal 500, International Who’s Who of Commercial Arbitration, Super Lawyers and Euromoney’s Guide to the World’s Leading Experts in Commercial Arbitration, among others. From 2012 to the present, Chambers has ranked him as a top practitioner in international arbitration, noting Ken’s “high acclaim from market commentators,” and “praise [for his] very creative and well-thought-out approaches” to cases, as well as his “extensive experience in acting as counsel and arbitrator in a range of commercial and investment treaty arbitrations.” Chambers USA (2012). Chambers recently reported: “[Ken] is a seasoned lawyer with great knowledge of the law and fantastic legal abilities,” and another commentator praised his “strong analytical mind” [and] “elegant judicious manner.” Chambers Global 2022.

A former Chair of the American Bar Association’s 25,000-member International Law Section and its International Arbitration Committee, Ken regularly conducts seminars and training sessions for in-house and government counsel, and speaks at conferences around the world on international dispute resolution topics. He also is often called upon to draft or revise ethical and procedural standards for advocacy before international tribunals, such as the American Bar Association/American Arbitration Association Code of Ethics for Arbitrators in Commercial Disputes (2004), the International Bar Association (IBA) International Principles on Conduct for the Legal Profession (2011), the IBA Guidelines on Party Representation in International Arbitration (2013) and the Rules for Administered Arbitration of International Disputes (2019) and Fast Track Rules (2020) promulgated by the CPR International Institute for Conflict Prevention & Resolution.

Select Experience

Sovereign Entities, Investor-State, and Investment Treaty Claims
  • Represent a U.S. investor in an ICSID case against the Republic of Peru claiming damages and costs exceeding $80 million USD for Peru’s interferences and ultimate destruction of an investment in a hydroelectric generation plant project. Following a two-week hearing and post-hearing submissions, the case is awaiting a decision by the high-profile three-member Tribunal.
Complex Contract and Commercial Disputes
  • Represent a prominent U.S. manufacturer in an insurance coverage Bermuda Forms arbitration sited in London and governed by New York law.
Technology Licensing/Telecom/Pharmaceutical/Intellectual Property Disputes
  • Successfully represented China Telecom (Americas), one of the largest telecommunications service providers in the world, in a contract dispute against Cogent Communications, one of the largest Internet Service Providers. Following a four-day civil trial before Virginia's Fairfax Circuit Court, the Court issued judgment for our client.
Energy Sector Disputes
  • Assisted foreign counsel in a significant ICC arbitration involving breach of contract, engineering and construction claims brought by a multinational joint venture against a state-owned oil company relating to the construction of a $1.5 billion petroleum refinery and pipeline in Mexico.
Infrastructure Project/Construction/Engineering Disputes
  • Negotiated various construction and engineering service agreements (FIDIC and non-FIDIC) relating to significant projects in Asia and the Middle East and often including alternative dispute resolution provisions (e.g., senior executive negotiation, mediation, expert determination or dispute review boards) in addition to final and binding arbitration.
Service as an Arbitrator
  • Served as sole arbitrator in an ICDR arbitration involving alleged breaches of global logistics and supply chain management support for the construction of a solar thermal booster project in Australia.
Judicial Enforcement of Arbitral Awards
  • Defended Outback Steakhouse, a global food and beverage franchise company, in Argentine and U.S. courts against recognition and enforcement of a $100 million ICC arbitration award that purportedly had been obtained by an Argentine franchisee against Outback Steakhouse. Award was set aside.
More »

Experience

Sovereign Entities, Investor-State, and Investment Treaty Claims
  • Represent a U.S. investor in an ICSID case against the Republic of Peru claiming damages and costs exceeding $80 million USD for Peru’s interferences and ultimate destruction of an investment in a hydroelectric generation plant project. Following a two-week hearing and post-hearing submissions, the case is awaiting a decision by the high-profile three-member Tribunal.
  • Successfully defended a Peruvian renewable energy operations company in an arbitration brought by the Peruvian government Ministry of Energy and Mines before the Lima Chamber of Commerce. Upon our client’s motion to dismiss on jurisdictional grounds and following a bifurcated hearing, the case was rejected on grounds of lack of jurisdiction.
  • Represents a significant European financial institution and its owners in a prospective International Centre for Settlement of Investment Disputes (ICSID) arbitration in respect to discriminatory measures adopted by bank regulatory authorities, public prosecutors and courts against the bank in violation of protections afforded investors under the applicable Bilateral Investment Treaty.
  • Represented an Isle of Man company in a significant commercial and breach of fiduciary duty arbitration case seeking more than $500 million from a South Asian government. The case was seated in London, England, and governed by the English Arbitration Act 1996 along with the arbitration rules of the Chartered Institute of Arbitrators. A related bilateral investment treaty claim under ICSID rules was also pursued.
  • Served as special outside arbitration counsel for the U.S. government and the Overseas Private Investment Corporation (OPIC), a U.S. government agency, in an unprecedented state-to-state investment arbitration proceeding against the Government of India stemming from the Indian government's expropriation of the $3 billion Dabhol power plant, which ultimately led to a settlement whereby India paid OPIC 100 percent of its claims and paved the way for quarterly high-level talks between the two governments.
  • Advised a U.S. government entity with respect to potential investment claims against the Bolivarian Republic of Venezuela.
  • On behalf of sovereign entities, negotiated the international dispute resolution agreements for long-term, large-scale investment and project agreements for ports, mines and transportation projects.
  • Represented the Republic of Indonesia in one of the longest-running arbitration and nullification cases in ICSID history relating to an alleged expropriation of hotel properties.
  • Represented a mining company in its ICSID investment treaty claims against a West African country for expropriation of its properties and interests.
  • Defended the Republic of France under the Foreign Sovereign Immunities Act against an unsuccessful attempt in U.S. District Court to attach the Embassy's bank account in Washington, D.C.
  • Represented several large U.S. companies in the successful pursuit of significant expropriation claims before the Iran-U.S. Claims Tribunal, including claims exceeding $200 million.
Complex Contract and Commercial Disputes
  • Represent a prominent U.S. manufacturer in an insurance coverage Bermuda Forms arbitration sited in London and governed by New York law.
  • Served as an arbitrator in a significant International Centre for Dispute Resolution (ICDR) case raising financial accounting, misrepresentation and warranty issues arising from the purchase and sale of the aviation operations of a major European manufacturer.
  • Served as chair of an ICDR arbitration panel involving industry leaders relating to alleged breaches of construction and engineering services contracts for a nuclear power plant. 
  • Represented a major North American transportation company in an ICC arbitration against DaimlerChrysler Rail Systems GmbH (Adtranz) and Bombardier Transportation GmbH, involving misrepresentations made during the acquisition of a substantial European business. Used the arbitration process and a related mediation to conclude an amicable commercial settlement between the parties.
  • Represented Mitsui Mining and Smelting Corporation, a large Japanese mining and transportation company, and its subsidiaries in trade, commercial, construction and investment disputes in U.S. and foreign courts and before international arbitral tribunals.
  • Defended Jet Airways, the second-largest Indian airline, in U.S. courts and obtained summary judgment dismissal on grounds of failure of service of process and jurisdiction.
  • Represented a large Dutch equipment manufacturer in a breach of contract action against its U.S. distributor in arbitration proceedings before the Netherlands Arbitration Institute, resulting in a multimillion-dollar judgment against the U.S. distributor.
Technology Licensing/Telecom/Pharmaceutical/Intellectual Property Disputes
  • Successfully represented China Telecom (Americas), one of the largest telecommunications service providers in the world, in a contract dispute against Cogent Communications, one of the largest Internet Service Providers. Following a four-day civil trial before Virginia's Fairfax Circuit Court, the Court issued judgment for our client.
  • Represented China Telecom (Americas) in a contract dispute against multiple U.S. and Hong Kong-based defendants before the U.S. District Court for the Eastern District of Virginia (EDVA), resulting in a default judgment in favor of our client.
  • Served as an arbitrator in a significant ICDR arbitration between a U.S. licensor and a leading Asian telecommunications manufacturer of 2G and 3G handsets relating to alleged breaches of patent licensing agreements, including their royalty and audit provisions.
  • Represented an insurance company in an insurance coverage arbitration brought by a pharmaceutical company under the English Arbitration Act 1996 before an arbitration panel seated in London, England.
  • Represented a leading telecommunications content provider in a generic domain name challenge before the Internet Corporation for Assigned Names and Numbers (ICANN) that was resolved by an expert proceeding under ICC Rules.
  • Represented a leading Chinese telecommunications company in a JAMS arbitration brought by a Japanese telecommunications company relating to the cancellation of a long-term backhaul agreement.
  • Defended a medical device technology leader against bet-the-company patent infringement and royalty claims in arbitration before the German Institution of Arbitration (DIS). 
  • Represented a global pharmaceutical company in a $50 million licensing dispute arbitrated under the rules of the World Intellectual Property Organization (WIPO).
  • Represented a global brand name franchisor in an international arbitration against a franchisee involving contract and intellectual property claims totaling in excess of $170 million.
  • Defended a large German technology manufacturing company by quashing service of process and obtaining the dismissal of a Florida state case claiming breach of warranty and fraud and seeking millions of dollars in compensatory and punitive damages.
  • Defended a large German technology company (a subsidiary of Daimler AG) in state and federal court litigation over a technology development and marketing agreement. Obtained full dismissal of all claims.
Energy Sector Disputes
  • Assisted foreign counsel in a significant ICC arbitration involving breach of contract, engineering and construction claims brought by a multinational joint venture against a state-owned oil company relating to the construction of a $1.5 billion petroleum refinery and pipeline in Mexico.
  • Developed a long-term strategy for a major E&P company in an effort to avoid expropriation of its energy assets in Latin America.
Infrastructure Project/Construction/Engineering Disputes
  • Negotiated various construction and engineering service agreements (FIDIC and non-FIDIC) relating to significant projects in Asia and the Middle East and often including alternative dispute resolution provisions (e.g., senior executive negotiation, mediation, expert determination or dispute review boards) in addition to final and binding arbitration.
  • On behalf of a leading Japanese supplier of mining equipment and engineering know-how, defended against claims for breach of contract and delay damages relating to the design, engineering and installation of smelting equipment on large-scale mining projects in Asia, Australia and Latin America.
  • Represented a leading European engineering service provider in a defense against ICC arbitration claims arising from the construction of an oil refinery and pipeline.
Service as an Arbitrator
  • Served as sole arbitrator in an ICDR arbitration involving alleged breaches of global logistics and supply chain management support for the construction of a solar thermal booster project in Australia.
  • Served as an arbitrator in an ICDR arbitration involving alleged breaches of patent licensing agreements relating to 2G and 3G mobile communications technology.
  • Appointed by parties to serve as sole arbitrator in an ICDR arbitration located in New York relating to claims and counterclaims between a drug developer and a contract research organization relating to a global Phase III clinical trial for a cancer treatment therapy.
  • Appointed by one party to serve in an ICC arbitration in London relating to the construction of a power project in Afghanistan.
  • Served as an arbitrator in an ICDR arbitration arising from alleged breaches of a stock purchase agreement involving the sale of an aviation subsidiary of a European manufacturer.
  • Served as chair in an ICDR arbitration involving commercial and engineering services disputes arising from alleged contractual breaches relating to the construction and operation of a nuclear power plant.
  • Served as arbitrator for In the Matter of Fresh Cut Flowers from Mexico, NAFTA, Chapter 19 Binational Review, Secretariat File No. USA-Mex-1995-1904-05 (Decision: Dec. 16, 1996).  
  • Served as arbitrator for In the Matter of Pure Magnesium From Canada (Anti-Dumping Determination), Article 1904 Binational Panel Review Under the United States-Canada Free Trade Agreement, Secretariat File No. 1992-1904-04 (Decision: October 6, 1993).
  • Served as chairman, sole arbitrator and wing arbitrator in various commercial, contract, construction and investment disputes.
Judicial Enforcement of Arbitral Awards
  • Defended Outback Steakhouse, a global food and beverage franchise company, in Argentine and U.S. courts against recognition and enforcement of a $100 million ICC arbitration award that purportedly had been obtained by an Argentine franchisee against Outback Steakhouse. Award was set aside.
  • Represented a U.S. company seeking recognition and enforcement in U.S. and Honduran Courts of a United Nations Committee on International Trade Law (UNCITRAL) award in excess of $60 million against the Republic of Honduras.

Recognitions and Memberships

Recognitions

  • Chambers Global
    • International Arbitration: Arbitrators (USA) (2022 to 2023) - Band 3
    • International Arbitration: Counsel (USA) (2022 to 2023) - Band 6
    • International Arbitration (USA) (2012 to 2015)
  • Chambers USA
    • Nationwide International Arbitration: Arbitrators
      • Band 3 (2020 to 2022)
    • Nationwide International Arbitration: Counsel
      • Band 6 (2021 to 2022)
  • International Arbitration (2012 to 2014)
  • Washington, D.C. “Super Lawyer” (2014 to 2020)
  • The Legal 500 United States (2017 to 2022)
    • Recommended in Dispute Resolution - International Arbitration
  • Euromoney: “Guide to the World’s Leading Experts in Commercial Arbitration”
  • Legal Bisnow: “The John Wayne of Arbitration” (2010)
  • International Who’s Who of Commercial Arbitration
  • International Who’s Who of Business Lawyers
  • Benchmark: Litigation Guide to America’s Leading Litigation Firms and Attorneys (6th ed.): Litigation Star for International Arbitration
  • InterContinental Finance Magazine
    • Legal Excellence Award (2011)
    • Law Firm of the Year – Arbitration, Commercial Litigation, and Dispute Resolution

Memberships

  • AAA-ICDR International Advisory Group Related to Cases with State and State-Related Entities
  • American Bar Association
    • Member of Board of Directors, ABA Rule of Law Initiative (Chaired by Justice Stephen G. Breyer)
    • Section of International Law
      • Former Chair of the 25,000 member Section of International Law
      • Appointed Member of Council
    • Liaison, London Court of International Arbitration
    • American Bar Foundation: Elected Fellow
    • Standing Committee on Law and National Security (former)
    • International Commercial Arbitration Committee
      • Senior Advisor
      • Former Chair
    • Taskforce on the ABA/AAA Code of Ethics for Commercial Arbitrators
  • International Bar Association
    • Former Councilor representing the ABA
    • Taskforce on Party Representation in International Arbitration
    • International Arbitration Committee
    • Bar Issues Commission and Policy Committee (2006 to 2011)
  • Washington Arbitration Week (WAW) Advisory Board (2023)
  • Institute for Transnational Arbitration, Center for American and International Law
    • Advisory Board
    • Executive Committee 
      • Co-Chair of Annual Workshop (2009)
  • OFAC Group
  • U.S. Secretary of State’s Advisory Committee on International Law (served two terms)
  • International Centre for Dispute Resolution (ICDR/AAA)
    • State Parties Advisory Group
  • CPR International Institute for Conflict Prevention and Resolution
    • International Arbitration Committee
  • Silicon Valley Arbitration and Mediation Center
  • London Court of International Arbitration
    • North American Users Council

Prior Positions

  • Squire Patton Boggs: Partner and Head of International Arbitration Practice at Legacy Patton Boggs (2010 to 2015)
  • King & Spalding: Partner (2008 to 2010)
  • Haynes and Boone: Partner and Head of International Arbitration Practice (1994 to 2008)
  • White & Case (1981 to 1984)
  • U.S. Department of Justice, Attorney General’s Office (1979 to 1981)
  • Law Clerk for the Honorable Frank J. Battisti, Chief Judge, U.S. District Court for the Northern District of Ohio (1978 to 1979) 

Admissions

  • U.S. Supreme Court
  • U.S. Court of Federal Claims
  • U.S. Court of International Trade
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, Northern District of Ohio
  • District of Columbia

Education

  • J.D., Harvard Law School, 1978
  • B.A., Oberlin College, with honors, Phi Beta Kappa