International Arbitration & Litigation |
The globalization of business has led increasingly to the resolution of commercial disputes through international arbitration or in the courts of other countries. Perkins Coie has over 30 lawyers with substantial experience representing companies in a variety of international fora.
We have represented clients in ad hoc international arbitrations as well as those conducted under major arbitral institutions and rules, including:
- International Court of Arbitration of the International Chamber of Commerce (ICC);
- London Court of International Arbitration (LCIA);
- American Arbitration Association (AAA)/International Center for Dispute Resolution (ICDR);
- UNCITRAL Rules;
- Iran-United States Claims Tribunal;
- Stockholm Chamber of Commerce;
- Hong Kong International Arbitration Centre (HKIAC);
- Japan Commercial Arbitration Association (JCAA);
- AIDA Reinsurance and Insurance Arbitration Society (ARIAS); and
- WIPO Arbitration Centre.
Our attorneys regularly advise clients at each stage of the process, including drafting arbitration clauses, preparing risk assessments, mediating, conducting arbitration proceedings, and enforcing or challenging arbitral awards. We also represent clients in proceedings before national courts concerning the enforcement of arbitration clauses.
Perkins Coie's experience in international arbitration is a natural outgrowth of our worldwide international litigation experience, which includes the full range of civil, criminal and regulatory proceedings. Our attorneys have represented clients in the following countries:
- South Africa
- South Korea
Deep Experience and Cost-Effective Representation
Sophisticated clients recognize that little of the actual work on an international arbitration occurs at the seat of arbitration. The review of documents, interviews of company witnesses, preparation of witness statements, and drafting of submissions all typically occur at or near where the client is located, not at the arbitral seat. Indeed, the arbitrators frequently do not reside at the seat and may conduct procedural and even witness hearings at locations more convenient for the parties. Therefore, our U.S. clients in particular have found it more cost-effective to retain our firm to develop the evidence for international arbitrations, rather than relying exclusively on international counsel located in high-priced markets. Where strategically advantageous, we associate with specialist counsel located at the arbitral seat.
For international litigation matters in court, by contrast, it is always important for clients to have prominent local counsel who are highly regarded by the foreign judge and the opposing counsel. Through our decades of experience handling matters worldwide for U.S. clients, we have developed an extensive network of top foreign counsel. As in our international arbitration matters, the client receives the benefit of local knowledge and connections, while also enjoying the efficiency and responsiveness of U.S. counsel.
Perkins Coie attorneys have handled international arbitrations and lawsuits across a wide variety of industries and involving claims of breach of contract, gross negligence, willful misconduct, fraud, trade secret misappropriation, intellectual property violations, product liability, competition law violations, and insurance coverage. We have deep experience handling disputes on behalf of manufacturers involving complex technical or engineering issues. Our matters frequently require adherence to export and controlled goods regulations such as the U.S. International Traffic in Arms Regulations.
Representative International Arbitration Experience
- AAA/ICDR New York Arbitration
Defended Taiwanese motherboard manufacturer in a five day international arbitration involving product defect claims brought by a German computer manufacturer. The panel issued a favorable final decision on behalf of our client.
- ICC Paris Satellite Arbitration
Represented Boeing in international arbitration venued in Paris relating to satellite constructive total loss resulting in alleged damages of several hundred million dollars. The ICC issued a final decision rejecting insurers’ claims and awarding defense costs to Boeing.
- Bermuda Reinsurance Dispute
Represented a captive insurance company of a major United States bank against a Bermuda reinsurance company in a two-week arbitration under the Bermuda International Conciliation and Arbitration Act of 1993.
- AAA Construction Dispute
Represented client in seven-week international arbitration involving construction contract claims and counterclaims. Prevailed on all issues, with 100% recovery for client.
- ICDR San Francisco Arbitration
Represented Asgent Inc., a JASDAQ-traded distributor, against charges of fraud, breach of contract, conspiracy and trade secret misappropriation brought by Blumberg Capital, LLC, a San Francisco-based venture capital firm.
- ARIAS Warranty Reinsurance Dispute
Litigated the first three days of an ARIAS arbitration under the New York Convention, and then settled, a nine-figure automobile warranty reinsurance dispute on behalf of the Canadian subsidiary of a major United States manufacturer/financial institution against a consortium of British reinsurers.
- Ad Hoc Ontario International Arbitration
Represent satellite manufacturer in international arbitration under UNCITRAL rules relating to satellite constructive total loss resulting in alleged damages of $400 million.
- Stockholm Chamber of Commerce IP Arbitration
Represent Outerwall Inc. in dispute with ScanCoin AB over ownership of intellectual property portfolio related to coin counting and similar technologies.
- ICDR Arbitration against United Kingdom
Defended client against a claim by the Government of the United Kingdom for roughly $20 million in damages from the destruction of an aircraft, due to an allegedly defective component part. After initial submissions and the exchange of documents, the government abandoned its claim.
- Injunction of Lawsuit in India in Favor of Arbitration
Represented client in action brought in the courts of India by a consultant seeking disputed sales commissions. Successfully obtained injunction in favor of AAA arbitration.
- Action to Compel Consolidation of Arbitrations
Represented manufacturer in lawsuit by the Government of the United Kingdom to compel consolidation of arbitration brought against client with a separate arbitration against another company. Following affirmation on appeal of client’s position resisting consolidation, government dismissed arbitration against client.
- Ad hoc English Arbitration
Represented insurance company clients in ad hoc arbitration in London before a retired House of Lords judge regarding coverage for a $95 million loss. Our client, the All Risk Insurers, obtained a ruling that the War-Risk Insurers were responsible for the entire $95 million.
- AAA Pricing Dispute
Represented Applied Materials in AAA arbitration in San Francisco against InSyst, an Israeli LLC. Succeeded in baseball-style arbitration to resolve pricing dispute under a development agreement.
- Japan Commercial Arbitration Association Semiconductor Fabrication Plant Dispute
Defended one of the world’s largest architectural/engineering firms in a $400 million claim in connection with the alleged defective design of a semiconductor fabrication plant in Taiwan. Successfully mediated matter days before the scheduled commencement of binding arbitration in Japan.
- ICDR Property Dispute
Represented a Japanese property developer/manager against Jones Lang LaSalle (JLL) regarding JLL's failure to pay our client a fee once JLL took over the property in question, a shopping mall near Tokyo, and then sold it.
- ICDR Washington, D.C. Insurance Matter
Represent third party in presenting evidence in international arbitration relating to $80 million in insurance coverage.
- Iran-US Claims Tribunal
Filed claims with the Tribunal on all outstanding debts owed client, including obligations to take delivery of and pay for a 747, to pay for logistics support for the Iranian Air Force, and to pay for road building equipment. Obtained judgment in United States District Court, affirmed on appeal, and filed with the Tribunal. Attachment proceedings brought in Frankfurt, Germany to successfully attach over $1 billion in Iranian assets. Tribunal’s award of over $70 million was paid in full.
- ICDR Real Estate Arbitration
Represented developer in securing multi-million dollar award before International Centre for Dispute Resolution.
- ICDR Subcontractor Dispute
Represented client in arbitration over performance delays and cost overruns with Asian subcontractor. Matter settled during witness hearing.
- Insurance Coverage Arbitration
Two week arbitration of insurance coverage dispute between U.S. fronting insurance company and Lloyd's syndicates over substantial liability for automobile and computer warranty claims. Participated in related proceedings to avoid arbitration and to vacate a portion of the arbitration award.
Representative International Litigation Experience
Represented aeronautical chart supplier at Coronial Inquest into crash of commuter aircraft in Queensland.
- Australia, Canada & Japan
Acted as lead counsel for Hennessy Industries in patent litigation filed in the U.S., Australia, Canada and Japan.
- Australia & Germany
Led concurrent patent litigation for Caterpillar Inc. in the U.S., Australia and Germany.
Led defense for Mitsubishi Co. that involved patent, trade secret, bribery and tortious interference claims related to equipment used in China's Three Gorges Dam. The case, while venued in the United States, involved discovery in China and coordination with Chinese and Japanese counsel.
Represented manufacturer before Hong Kong Board of Review regarding Civil Aviation Department investigation of aircraft accident.
Representing aircraft manufacturer in personal injury litigation in the High Court of Douala.
Represented manufacturer in lawsuit in British Columbia arising from an accident allegedly causing more than $20 million in property damage.
Defended subrogation action brought by state-owned Egyptian insurer against foreign corporation in Egypt, as well as commencing and defending related third-party actions in Egypt. Sought declaratory relief against Egyptian insurer and its Egyptian insured in U.S. District Court and the Second Circuit Court of Appeals arising from the same dispute.
Numerous insurance coverage disputes in U.S. courts, and related English proceedings, between U.S. companies and London market insurers and Lloyd's syndicates.
- European Commission
Represented client regarding antitrust and competition law issues before European Commission and French Competition Council resulting in favorable settlements.
Represented aircraft manufacturer in civil litigation that proceeded in the French trial, intermediate appeal and supreme courts.
Represented manufacturer in several lawsuits in rural Greece arising from an accident that killed 17 persons, including 12 leaders of the Greek Orthodox church.
Co-counsel with Greek attorneys representing U.S. manufacturer in multiple tort and strict liability claims for wrongful death arising from aviation disaster and in economic loss claim for loss of profits and other business losses filed by airline, all of which are pending in the Multimember Court of First Instance in Athens, Greece.
Represented manufacturer in several month long Court of Inquiry proceeding in New Delhi to determine cause of accident resulting in deaths of nearly 300 persons.
Represented aircraft manufacturer in Court of Inquiry Proceeding in Mumbai to determine cause of accident.
Resolved numerous death, personal injury, property and environmental claims arising from accident in Amsterdam, including in collaboration with Dutch counsel, defense of claims in the Amsterdam District Court and The Netherlands Court of Appeals, as well as defense of claims brought in the U.S.
Represented manufacturer in two of Scotland's largest Fatal Accident Inquiries, involving the deaths of roughly 75 persons and more than $30 million in alleged property damage.
- South Korea
Represented manufacturer in lawsuits before Seoul District Court arising from aviation accident. Dismissals affirmed by Seoul High Court and Supreme Court.
Represent defendant in AIU v. Applied Materials, a subrogation claim relating to a catastrophic semiconductor factory fire. Hsinchu district court ruled for the defendants. Trial de novo proceeding in the High Court.
Represented defendant in lawsuits filed in Taipei District Court Civil Tribunal arising from aircraft accident.