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Home | BakerHostetler

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The View from the ANA Kids Table [ANA Children’s Advertising Recap]

It’s the Holiday Season, and the NLRB Is the Union-Friendly Gift That Keeps On Giving

Carl Hittinger Comments on Behalf of Client Alon USA Energy in Law360 Article

Preparing for the 2024 Proxy and Annual Reporting Season: Key Issues and Considerations

Following his service at the U.S. Department of Justice assisting the U.S. Attorney General, Ken spent years at a prior firm&nbsp;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&nbsp;and&nbsp;<em>Euromoney’s Guide to the World’s Leading Experts in Commercial Arbitration</em>, 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). Recently, a commentator reported Ken’s “attention to detail is phenomenal and he takes a vested interest to understand our strategy and participate. My motivations are his goals.” Chambers USA (2023)

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 &amp; Resolution.

core/freeform

J.D., Harvard Law School, 1978

B.A., Oberlin College, 

<ul>
<li>Chambers Global
<ul>
<li>International Arbitration: Arbitrators (USA) (2022 to 2023) &#8211; Band 3</li>
<li>International Arbitration: Counsel (USA) (2022 to 2023) &#8211; Band 6</li>
<li>International Arbitration (USA) (2012 to 2015)</li>
</ul>
</li>
<li>Chambers USA
<ul>
<li>Nationwide International Arbitration: Arbitrators
<ul>
<li>Band 3 (2020 to 2023)</li>
</ul>
</li>
<li>Nationwide International Arbitration: Counsel
<ul>
<li>Band 6 (2021 to 2023)</li>
</ul>
</li>
<li>International Arbitration (2012 to 2014)</li>
</ul>
</li>
<li>American Jewish Committee Washington: Judge Learned Hand Award (2023)</li>
<li>Washington, D.C. “Super Lawyer” (2014 to 2020, 2023)</li>
<li>The Legal 500 United States (2017 to 2023)
<ul>
<li><span style="font-style: normal;"><span style="font-weight: normal;">Recommended in Dispute Resolution &#8211; International Arbitration</span></span></li>
</ul>
</li>
<li><em>Euromoney</em>: “Guide to the World’s Leading Experts in Commercial Arbitration”</li>
<li><em>Legal Bisnow</em>: “The John Wayne of Arbitration” (2010)</li>
<li><em>International Who’s Who of Commercial Arbitration</em></li>
<li><em>International Who’s Who of Business Lawyers</em></li>
<li><em>Benchmark: Litigation Guide to America’s Leading Litigation Firms and Attorneys </em>(6th ed.): Litigation Star for International Arbitration</li>
<li><em>InterContinental Finance Magazine</em>
<ul>
<li>Legal Excellence Award (2011)</li>
<li>Law Firm of the Year – Arbitration, Commercial Litigation, and Dispute Resolution</li>
</ul>
</li>
</ul>


Washington, D.C.

BakerHostetler holds firmwide program on Jewish identity, antisemitism

Reisenfeld discusses bifurcation in investment arbitration at Washington Arbitration Week

Ken Reisenfeld receives prestigious AJC Judge Learned Hand award

BakerHostetler Attorneys and Practice Areas Recognized in The Legal 500 2023 Guide

Chambers USA Guide 2023 Honors 147 BakerHostetler Attorneys and Recognizes 64 Practice Areas

Ken Reisenfeld Presents International Corporate Counsel Award at ABA Conference

Ken Reisenfeld Speaks at Tel Aviv Arbitration Week Event

Thirteen BakerHostetler Attorneys, Eight Practice Areas Ranked in 2023 Edition of Chambers Global

Ken Reisenfeld Speaks About Internet Accountability at International Law Weekend

Ken Reisenfeld Takes on Faculty Role at International Arbitrator Training

BakerHostetler Attorneys, Practice Areas Shine in The Legal 500 2022 Guide

Chambers USA Guide 2022 Honors 145 BakerHostetler Attorneys and Recognizes 62 Practice Areas

Eleven BakerHostetler Attorneys, Seven Practice Areas Ranked in 2022 Edition of Chambers Global

BakerHostetler Attorneys, Practice Areas Recognized in The Legal 500 Guide for 2021

Kenneth Reisenfeld a Speaker at Dublin Forum on International Dispute Resolution

Chambers and Partners USA Honors 134 BakerHostetler Attorneys and 55 Practice Areas in 2021 USA Guide

Kenneth B. Reisenfeld Leads Luncheon Conversation with Former U.S. State Department Legal Advisers at ABA’s ILS Annual Meeting

BakerHostetler’s International Arbitration and Litigation Team Expands International Focus with New Leadership

Nine BakerHostetler Attorneys, Three Practice Areas Ranked in 2021 Edition of Chambers Global

Ken Reisenfeld Appointed a Board Member for ABA Rule of Law Initiative

BakerHostetler Attorneys Recognized in The Legal 500 Annual Guide

Ken Reisenfeld a Speaker for Virtual Forum on Investor-State Arbitrations

Chambers and Partners USA Honors 121 Attorneys and 35 Practice Areas in 2020 Guide

Ken Reisenfeld Speaking at Tel-Aviv Arbitration Day

Kenneth Reisenfeld Moderates Corporate Counsel Roundtable at CPR Annual Meeting

150 BakerHostetler Attorneys Named 2016 Super Lawyers; 91 Named Rising Stars

International Arbitration Boot Camp: Protecting the International Project from Catastrophe

International Arbitration and Litigation

Global Capabilities

Litigation

Global Fraud and International Asset Tracing and Recovery

International Arbitration – Energy

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Energy

Energy Litigation

Aerospace and Defense

<h5>Sovereign Entities, Investor-State, and Investment Treaty Claims</h5>
<ul>
<li>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.</li>
<li>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.</li>
<li>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.</li>
<li>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.</li>
<li>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&#8217;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.</li>
<li>Advised a U.S. government entity with respect to potential investment claims against the Bolivarian Republic of Venezuela.</li>
<li>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.</li>
<li>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.</li>
<li>Represented a mining company in its ICSID investment treaty claims against a West African country for expropriation of its properties and interests.</li>
<li>Defended the Republic of France under the Foreign Sovereign Immunities Act against an unsuccessful attempt in U.S. District Court to attach the Embassy&#8217;s bank account in Washington, D.C.</li>
<li>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.</li>
</ul>
<h5>Complex Contract and Commercial Disputes</h5>
<ul>
<li>Represent a prominent U.S. manufacturer in an insurance coverage Bermuda Forms arbitration sited in London and governed by New York law.</li>
<li>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.</li>
<li>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.</li>
<li>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.</li>
<li>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.</li>
<li>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.</li>
<li>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.</li>
</ul>
<h5>Technology Licensing/Telecom/Pharmaceutical/Intellectual Property Disputes</h5>
<ul>
<li>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&#8217;s Fairfax Circuit Court, the Court issued judgment for our client.</li>
<li>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.</li>
<li>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.</li>
<li>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.</li>
<li>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.</li>
<li>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.</li>
<li>Defended a medical device technology leader against bet-the-company patent infringement and royalty claims in arbitration before the German Institution of Arbitration (DIS).</li>
<li>Represented a global pharmaceutical company in a $50 million licensing dispute arbitrated under the rules of the World Intellectual Property Organization (WIPO).</li>
<li>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.</li>
<li>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.</li>
<li>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.</li>
</ul>
<h5>Energy Sector Disputes</h5>
<ul>
<li>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.</li>
<li>Developed a long-term strategy for a major E&amp;P company in an effort to avoid expropriation of its energy assets in Latin America.</li>
</ul>
<h5>Infrastructure Project/Construction/Engineering Disputes</h5>
<ul>
<li>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.</li>
<li>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.</li>
<li>Represented a leading European engineering service provider in a defense against ICC arbitration claims arising from the construction of an oil refinery and pipeline.</li>
</ul>
<h5>Service as an Arbitrator</h5>
<ul>
<li>Appointed by the London Court of International Arbitration (LCIA) to serve on a three-member Tribunal adjudicating eight consolidated arbitration cases arising from investor claims totaling more than £100 million in damages and involving claimants’ investments in a new cryptocurrency blockchain platform. The LCIA case was governed by English law, the UK Arbitration Act and was sited in London.</li>
<li>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.</li>
<li>Served as an arbitrator in an ICDR arbitration involving alleged breaches of patent licensing agreements relating to 2G and 3G mobile communications technology.</li>
<li>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.</li>
<li>Appointed by one party to serve in an ICC arbitration in London relating to the construction of a power project in Afghanistan.</li>
<li>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.</li>
<li>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.</li>
<li>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).</li>
<li>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).</li>
<li>Served as chairman, sole arbitrator and wing arbitrator in various commercial, contract, construction and investment disputes.</li>
</ul>
<h5>Judicial Enforcement of Arbitral Awards</h5>
<ul>
<li>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.</li>
<li>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.</li>
</ul>


Kenneth B. Reisenfeld

Kenneth B. Reisenfeld

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