Akin Gump Strauss Hauer & Feld LLP’s international arbitration practice operates from offices in Abu Dhabi, Geneva, London, Moscow and the United States, handling commercial and treaty arbitrations globally. Our international arbitration clients include governments, banks and national and multinational corporations. Click here for representative matters.

International Commercial Arbitration

In international deals, issues of enforcement, confidentiality and a desire for a non-national forum often mean that arbitration is the best choice for dispute resolution. However, the arbitration agreement should be tailored to take into account both the particular features of the deal and possible problems with the arbitral process. For example, special care is needed with chains of contracts if a single process is wanted for resolution of related disputes.

Akin Gump’s international arbitration team gives practical, commercial advice on selection and structuring of dispute resolution mechanisms.

Our primary aim is to assist our clients avoid disputes. However, where that is not possible, our lawyers are able to apply deep experience handling complex, high-value international disputes and a strong track record of successful commercial outcomes. The experience of our lawyers includes—

• arbitrations involving the automotive, construction, defense, financial services, IT, mining, oil and gas, pharmaceuticals and power generation sectors
• arbitrations with seats in numerous jurisdictions worldwide, including Geneva, London, Mexico City, Moscow, Paris, Stockholm, and throughout the United States
• arbitrations under numerous institutional rules, including AAA/ICDR International Rules, ICAC, ICC, LCIA, SCC and UNCITRAL
• handling cases under any common law or civil system, working with appropriate local firms where necessary.

Treaty and Investment Arbitration

Political risk is an important issue in international investment, particularly in emerging markets. We advise clients on how to structure investments to optimize political risk protection under existing bilateral and multilateral investment treaties between states. These treaties typically establish obligations on host countries in respect of matters such as fair and equitable treatment, discrimination and expropriation. If any such obligation is breached, then the investor may have a right to pursue an arbitration claim for relief directly against the state itself.

The prospect of such a treaty claim can be a powerful tool for an investor to achieve resolution of an investment dispute, but the consequences need to be properly understood. For example, what are the implications to the investor for further business in the defaulting country? Will the remedy be merely recovery of incurred cost or damages for lost profit?

Our lawyers have handled treaty arbitrations under ICSID, UNCITRAL and SCC rules relating to disputes in North America, Latin America, Eastern Europe and Asia. We guide our clients through the issues with practical, commercial advice. Our renowned policy practice in Washington, D.C. (the home of ICSID) and the strength of our emerging markets practice make Akin Gump particularly well-placed to advise in this area. We have acted for both governments and investors in high-profile and highly political disputes involving sums sometimes exceeding $1 billion.

Representative Matters

The following examples are representative of the experience of the lawyers in our international arbitration practice—

AAA/ICDR

• represented numerous arbitration cases on behalf of banks and motion picture producers involving motion picture distribution disputes with international distributors under, variously, the AAA/ICDR International Rules and the American Film Marketing Association’s International Arbitration Rules
• represented a major Russian oil company in a putative securities fraud class arbitration commenced by a major U.S. university under AAA class arbitration and international rules and involving application of Russian and U.S. law
• represented a major athletic footwear company in connection with vacating an ICDR award in favor of its South American partner
• led the defense of an energy company in AAA arbitration in Dallas involving oil drilling rights in France asserting breach of joint venture agreement and an Area of Mutual Interest clause
• represented a Korean company in AAA arbitration against a U.S. technology company.

ICAC

• represented one of the world’s largest mining companies in arbitration proceedings before the Moscow International Commercial Arbitration Court, winning awards of approximately $200 million
• represented one of the largest Russian oil companies in an ICAC arbitration in connection with its claim against a Belgium company for breach of contract and damages
• represented a multinational consumer products company in an ICAC arbitration with a Russian company regarding the breach of a product supply contract
• represented a major international hotels group in an ICAC arbitration brought by a Russian telecommunications company for breach of contract and damages.

ICC

• lead counsel for a major independent energy company in proceedings to enforce ICC awards against the government of a northwest Asian country, a non-signatory to an arbitration agreement between our client and the government-owned oil and gas company
• represented a major supplier of automobile and heavy vehicle axles in an ICC arbitration in London in claims brought by a licensee asserting torts and breaches of license. We asserted, among others, EC competition and U.S. antitrust law defenses. The case settled successfully for our client on the eve of two-week hearings on liability alone.
• defended a major French industrial company in London in an ICC arbitration alleging breach of contract with a U.S. company
• represented a major Spanish satellite TV provider in an ICC arbitration involving a licensing dispute against one of the world’s largest entertainment companies
• represented a major Swedish construction company in an ICC arbitration in Geneva, applying Argentine law, brought by an Argentine company regarding an investment in Argentina.

LCIA

• represented a major Russian bank in $75 million LCIA arbitration proceeding in London against a Central Asian bank in respect of guarantee obligations
• represented a Canadian state government in defending an LCIA arbitration filed by the United States alleging a breach of the settlement agreement in a trade dispute with the United States
• represented a Middle Eastern company in $30 million LCIA arbitration proceedings in London concerning alleged breaches of contract
• represented an international energy company in LCIA arbitration proceedings in London concerning alleged breaches of a joint operating agreement
• represented a Russian oil company in an LCIA arbitration with a U.S. company involving an investment dispute.

SCC

• represented a former Soviet republic in a dispute in the Stockholm International Arbitration Court
• defended the government of a Central Asian republic in an arbitration in Stockholm relating to complex petroleum development and investment contracts
• represented a major Russian exporter against a trade services company in multiple arbitrations in Moscow and Stockholm.

UNCITRAL

• represented a US oil company in an UNCITRAL arbitration in Mexico City against a Latin American State concerning oil exploration licenses
• represented a global trucking and logistics company in an UNCITRAL arbitration, governed by Mexican law, with its business partner in Mexico
• defended a French defense contractor in an international arbitration under UNCITRAL and other rules
• represented a professional services firm in an UNCITRAL arbitration in London against a ministry of the Russian Federation in respect of substantial unpaid fees. The tribunal awarded the full sum claimed.

TREATY AND INVESTMENT ARBITRATION

• acted for a major Russian energy company in relation to BIT arbitration proceedings against a European state concerning failure to accord fair and equitable treatment, discrimination and expropriation of a $1 billion inward investment
• represented certain Latin American government entities in connection with the first ever arbitration under chapter 11 of the NAFTA Treaty involving alleged expropriation of investment
• represented the Muslim-Croat Federation of Bosnia and Herzegovina in an arbitration over the control of the city of Brčko under the Dayton Peace Accords
• represented a major food processing company in an ICSID arbitration under NAFTA against the government of Mexico. Our client received a damages award in excess of $36 million, the largest chapter 11 NAFTA damages award since NAFTA took effect.
• represented a UK investment house in an UNCITRAL arbitration in Paris against a Latin American state entity concerning allegations of expropriation, breach of international law and breach of contract. The tribunal awarded the investor damages of $50 million.
• represented a large Russian investment company in connection with an expropriation by the Ukraine government of a hotel property in an UNCITRAL arbitration.