International Arbitration & Dispute Resolution

When it comes to doing business in foreign jurisdictions, ensuring that disputes are decided impartially and quickly is key to protecting your business interests. Using arbitration to resolve contractual disputes with foreign companies ensures that your claim is heard by a neutral, sophisticated tribunal and that any award is enforceable around the world.

Whether you need help drafting an arbitration clause that maximizes your advantage if a dispute ever arises or you need a team that has real-world experience arbitrating cases in any jurisdiction, under any national law, and over the most complex legal issues possible, Alston & Bird’s globally focused team of arbitration lawyers provides smart, timely, and cost-efficient legal support.

We have represented clients in some of the largest international commercial arbitrations in the world, including matters where the amount in controversy exceeded US $5 billion. We have handled arbitrations in North and South America, Europe, Asia, and the Middle East in a variety of subject matters ranging from complex commercial disputes (including failed joint ventures, breached distribution agreements, and competition law claims) to intellectual property disputes (including patent ownership disputes, licensing disputes, and royalty payment disputes in the technology, telecommunications, and pharmaceutical industries) to construction and energy matters.

Alston & Bird has arbitrated under the rules of almost every major global arbitral institution, including the International Centre for Settlement of Investment Disputes (ICSID), International Chamber of Commerce (ICC), AAA’s International Centre for Dispute Resolution (ICDR), China International Economic and Trade Arbitration Commission (CIETAC), London Court of International Arbitration (LCIA), Stockholm Chamber of Commerce (SCC), and the Dubai International Financial Centre (DIFC-LCIA).

Doing business in foreign countries carries the potential for both risk and reward. In order to protect your commercial interests in the international marketplace, you cannot leave dispute resolution to chance. You need lawyers who have dedicated their careers to international dispute resolution, know how to advocate effectively across different legal regimes, and can provide you with real-world, practical solutions that help ensure successful international operations and commercial relationships.

International Arbitration Matters

• Representation of a financial services entity in arbitration brought against a sovereign relating to closure by the sovereign of a financial institution in which the client had invested, resulting in a $120 million award in favor of client.
• Representation of a major European technology company in a multibillion-dollar ICC arbitration over a patent license agreement.
• Representation of a global industrial supplier in ICC arbitration brought by a foreign entity.
• Representation of a financial services entity in arbitration brought against a sovereign relating to unequal treatment of a financial institution in which the client had invested, resulting in a $35 million award in favor of client.
• Representation of a telecommunications company in a dispute with its Turkish distributor over breach of the parties’ distribution agreement.
• Representation of a financial services entity in three separate arbitrations arising out of the Argentine pesification of assets.
• Representation of a financial services client in arbitrations arising out of Argentina’s bond default.
• Representation of a technology company in an arbitration arising of out an alleged breach of a license audit provision.
• Representation of a major European wireless handset supplier in a dispute over a software development agreement.
• Representation of a Canadian manufacturing company in a dispute with a Spanish component supplier over an alleged breach of the supply agreement.
• Representation of a Saudi Arabian government-related entity in a dispute brought by a South American manufacturer.
• Representation of a South American sovereign in arbitration relating to alleged pollution by a multinational energy corporation.
• Representation of clients with respect to the assessment of potential claims against Argentina relating to the pesification of assets and bond default.
• Representation of a major multinational consumer products company in two arbitrations commenced by a joint venture partner.
• Representation of a U.S. manufacturer of thermal remediation plants in connection with arbitration against a European remediation/construction company.
• Representation of a Russian entrepreneur in arbitration arising out of the sale of a Russian bank to a French bank.
• Representation of a major Asian wireless phone manufacturer in antitrust and IP arbitration against a major licensor of cellular technology.
• Representation of a multinational communications and information technology corporation in arbitration against a mobile telecommunications operator regarding breach of purchase and supply contract for wireless network system.
• Successful representation of Swedish pulp and paper companies in arbitration and related U.S. court proceedings.
• Representation of an Indian company in confirmation proceedings related to an arbitral award awarded in arbitration seated in London.
• Representation of a telecommunications company in a $500-million arbitration against a competitor regarding a failure to provide reasonable access to an essential facility.
• Representation of a major European wireless phone and infrastructure supplier in a $200-million arbitration of a patent license dispute.
• Representation of a U.S. client in an arbitration concerning multimillion-dollar claims for the failure of turbines.
• Representation of a multinational mineral processing company in arbitration regarding a dispute over the calculation of an asset transfer.
• Representing a general contractor in an arbitration brought by a subcontractor on a methanol plant in Trinidad.

International Litigation Matters

• Representation of an NYSE-listed health corporation in two antitrust cases before the European Commission and the related representation of the client as the project manager for German copyright and privacy litigation.
• Representation of a major Japanese trading company in landmark litigation under the 1916 Antidumping Act before the U.S. District Court for the Southern District of Ohio and on appeal to the U.S. Court of Appeals for the Sixth Circuit, establishing for the first time the absence of injunctive relief under the statute.
• Representation of a receiver appointed by a German court in defending against $50 million claims against a German corporate estate, and representation of the German receiver in prosecuting its claims of at least equal value against a U.S. corporation under administration of the U.S. Bankruptcy Court.
• Representation of the parent company of one of the world’s largest tobacco manufacturers in tens of lawsuits brought by American state attorneys general for the recoupment of Medicare expenses.
• Representation of an international soccer apparel company against the Japanese Professional Football League, in the U.S. District Court for the District of South Carolina and in related litigation in Tokyo District Court, in which we obtained a rare anti-suit injunction prohibiting the defendant from proceeding with the parallel Japanese litigation.
• Representation of GTE in litigation in New York state court against an Egyptian conglomerate regarding a bid for a Kenyan wireless telecommunications license.
• Representation of a Monaco citizen to recover assets and support the criminal prosecution of a U.S. citizen who defrauded our client of $20 million.
• Representation of a large French multinational in numerous antitrust filings and related administrative proceedings in Brazil.
• Representation of major Japanese trading companies in shipping disputes, including recent litigation in the U.S. District Court for the Southern District of Georgia against a marine shipping company that acted as the outsourcer of shipping for the client’s transoceanic shipping activities.
• Numerous instances of obtaining evidence abroad, including the taking of depositions and obtaining of documents in many jurisdictions—e.g., Japan, the UK, Germany, France, the Netherlands, Ireland, Turkey, Russia, China, Canada, Mexico, Brazil, Venezuela, Argentina and Australia.
• Representation of several non-U.S.-based clients in a number of high-profile U.S. bankruptcy cases in which our creditor clients required counsel to extricate themselves from the contracts or operational entanglements that bound them to the debtors on the commencement date of the debtor’s bankruptcy case.
• Several related matters of patent litigation, including infringement and nullification (invalidity) actions in Germany and the United States, resulting in a global settlement after two years of litigation.
• Litigation in the United Kingdom against a financial institution for wrongful distribution to a third party of our client’s funds, which was resolved during trial.

In addition to representing and advising clients with respect to international arbitration and dispute resolution, our lawyers have served as both sole arbitrators and members of arbitral tribunals, taught international arbitration at various law schools, chaired various bar associations’ international arbitration committees and been involved in the drafting and revising of many of the major arbitral institutions’ arbitration and mediation rules.