“[A] superb lawyer and gifted advocate with strong ethical standards and an ability to judge a case with utmost impartiality.” Antonio Parra, Secretary General, ICCA. Chambers and Partners, International Arbitrator, Band 1 (2019), USA, Nationwide International Arbitration (2013 to 2018); Legal 500 United States, Recommended in Dispute Resolution – International Arbitration and International Litigation (2017 to 2018); The Best Lawyers in America© Washington, D.C., International Arbitration – Commercial and International Arbitration – Governmental (2010 to present).
As arbitrator and counsel, cases have arisen under ICDR, AAA Large Commercial, ICC, LCIA, CPR, ICSID, SIAC, JAMS, CIETAC and UNCITRAL rules.
As arbitrator, examples of cases include:
- ICDR arbitrator in a $33 million contract dispute between US and Nicaraguan fabric and garment manufacturers that supplied activewear to a major U.S. retailer.
- ICDR arbitrator in expedited arbitration involving a $70 million dispute between U.S. and British defense contractors regarding a joint venture for the manufacture of equipment.
- Chair of an ICDR tribunal in a $7.8 million commission dispute between a U.S. defense contractor and its Slovak sales agent (award upheld at 961 F.Supp.2d 245 (D.D.C. 2013).
- Chair of an ICDR tribunal in a $9 million dispute between a Swedish conglomerate and a U.S. private equity fund regarding inventory in an M&A transaction.
- Sole ICDR arbitrator in a $10 million dispute between a medical school professor and scientist regarding a claim of lost profits arising from consulting agreement with a nutrition solution retailer.
- ICC arbitrator in a $9 million dispute between a major U.S. restaurant franchisor and an Australian franchisee for breach of contract and violation of trademarks.
- Chair of an ICDR tribunal in a $5 million dispute between two German banks and a Texas credit insurance company arising from the sale of defaulted credit of a Mexican luxury condo developer.
- ICDR arbitrator in a $15 million contract dispute between Belgium and Virginia partners in a joint venture arising from a contract to ship supplies to Afghanistan
- Chair of an ad hoc arbitration tribunal in Peru under LCIA rules arising from a consulting fee dispute between a Japanese company and Peruvian government.
As arbitration counsel, examples of cases include:
- Representing the Ecuador and Singapore franchisees of a major U.S. credit card company alleging violations of their franchise agreements due to the sale of the franchisor;
- Defense of an Argentinian grain producer against a UAE grain supplier in a GAFTA arbitration in London;
- Defense of a leading London private equity fund in an $20 million ICC arbitration brought by a U.S. placement agent (successfully vacated award in English High Court of Justice);
- Mediated and arbitrated at JAMS a property dispute exceeding $1 billion;
- Represented the German claimant of a major international heavy equipment manufacturer in €60 million ICC arbitration against a Brazilian energy developer over breach of contract for the purchase of diesel engines.
Investment arbitration (ISDS) cases include:
- Represented a Canadian lumber producer in a NAFTA arbitration against the United States conducted under UNCITRAL Rules at ICSID asserting damage claims for restrictions on the import of lumber;
- Defended the Republic of Peru against a denial of justice claim brought by a French investor concerning the ownership of the largest gold mine in Latin America;
- Represented an Italian claimant in an expropriation claim against Ethiopia.
Litigated challenges to arbitration agreements and vacatur or confirmation proceedings for arbitral awards, and enforced awards by tracing and executing against property worldwide.
- Jindal Steel Bolivia SA v. Empresa Siderurgica de Mutun, Civil No. 17-cv-1581 (D.D.C. 2018)(Court refused to confirm an ICC arbitral award of $18 million in favor of an Indian investor against a Bolivian state mining company due to challenge to service of process under the Foreign Sovereign Immunities Act (FSIA).
- BKP Enterprises v. Dynamic International Airways, LLC, No. 16-cv-1407 (MDNC 2017)(Court confirmed $3.5 million SIAC arbitral award between an India charter operator and U.S. airline arising from the breach of a contract to transport pilgrims to Mecca).
- ACN Communications Services LLC v Universal Microelectronics Co., Inc., Index No. 654062/2012 (N.Y. Supreme Court 2016) (traced and attached property of a Taiwan company to enforced an ICDR arbitral award of $10.1 million through court proceedings in New York, Taiwan, and British Virgin Islands).
- Brockton Capital LLP v. Atlantic-Pacific Capital, Inc. Claim No. 2013 Folio 1484 (2014)(English High Court of Justice vacated for “serious irregularities” an ICDR arbitral award arising from a dispute between London private equity fund and U.S. placement agent).
- ARMA, S.R.O. v. BAE Systems Overseas, Inc., 961 F. Supp. 2d 245 (D.D.C. 2013)(arbitral award issued as chair of ICDR tribunal confirm by court).
- Tembec Inc. v. United States, 570 F. Supp. 2d 137 (D.D.C. 2008)(motion to vacate cost award arising from NAFTA arbitration voluntarily dismissed when governments settled softwood lumber dispute denied).
- Banco Cafetero (Panama) S.A. v. Republic of Peru, 1995 U.S. Dist. LEXIS 11840 (S.D.N.Y. 1995)(Peru’s motion to compel a Panama bank to arbitrate a dispute arising from an interbank deposit and rollover agreement denied).
- Pompano Windy City Partners, Ltd. v. Bear Stearns & Co., 698 F. Supp. 504 (S.N.Y. 1988), 794 F. Supp. 1265 Y. 1992) (In a $50 million securities action between a market-maker and a clearing firm arising out of Oct. 1987 stock market crash, motions to compel and enjoin arbitration granted, in part, and denied, in part, and subsequent arbitral award confirmed.)