International Arbitration
The International Arbitration Practice at Sheppard Mullin is comprised of more than two dozen attorneys practicing in the firm's New York, Washington, D.C., and California offices. More than a dozen different languages are spoken within the group, and our attorneys practice globally as well as being licensed in various domestic jurisdictions including many U.S. states, England and Wales.
The firm regularly represents clients before the leading international arbitration institutions, including the International Chamber of Commerce (ICC), International Centre for Dispute Resolution (ICDR), American Arbitration Association (AAA), and the London Court of International Arbitration (LCIA).
We have substantial experience in a variety of specialty practice areas, and have represented clients before the World Intellectual Property Organization (WIPO), London Maritime Arbitration Association, Society of Maritime Arbitrators of NY, Iran-United States Claims Tribunal, and the Independent Film and Television Alliance (formerly the American Film Marketing Association), as well as in numerous ad hoc arbitrations.
Services Provided
The services provided by the International Arbitration Practice include advising on the drafting of arbitration clauses, representing claimants and respondents in institutional and ad hoc arbitral proceedings, and, when necessary, conducting litigation to enforce arbitration agreements and awards under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The Firm's attorneys also serve as neutral and party appointed arbitrators.
We offer various educational programs to familiarize clients and business groups with the process and advantages of international arbitration. We focus particular attention on the need to craft appropriate, tailored dispute resolution language at the time that underlying transactions are being negotiated and documented, given the magnitude of the negative consequences of failing to do so.
Experience and Expertise
The types of arbitral disputes which the firm has handled are wide-ranging and include the following:
- construction projects
- government procurement contracts
- natural resource and energy projects/agreements
- joint ventures
- overseas investment
- international sales agreements
- mergers and acquisitions
- life sciences
- intellectual property licensing
- patent validity
- media and entertainment licensing/investments
- trade
- insurance and reinsurance
- marine
- aviation
- director and officers liability
- executive compensation agreements
- other international commercial disputes
In such disputes the Firm has represented a wide variety of party interests, from majority or minority shareholders in joint ventures, to independent contractors against State parties, to State entities in major infrastructure projects. We have particular expertise in State entity disputes.
Representative examples of recent international arbitrations handled by members of our team are as follows:
- ICC arbitration of a licensing and expropriation dispute on behalf of a multinational pharmaceutical company against a European state entity.
- ICC arbitration of a breach of contract dispute arising from an investment banking transaction in Korea.
- ICC arbitration on behalf of a Middle Eastern state entity in an oil concession dispute.
- ICC arbitration of a patent licensing dispute involving multiple parties from the United States and France.
- ICC arbitration of a product defect and breach of contract dispute on behalf of a multinational Taiwanese company.
- ICC arbitration on behalf of a European electronics company in a product defect and licensing dispute.
- ICC arbitrations regarding various disputes on behalf of a Chinese producer of metallurgical coke.
- ICC arbitration on behalf of a multinational consumer products company in a breach of contract and licensing dispute.
- CPR International Institute arbitration in a licensing dispute on behalf of one multinational pharmaceutical company against another multinational pharmaceutical company.
- ICDR arbitration on behalf of a California limited partnership of multiple Chinese parties over a real property development dispute.
- ICDR arbitration concerning licensing and intellectual property rights related to nucleic acid detection of indicators for cervical cancer.
- AAA international rules arbitration on behalf of a California telecommunications company against a Hong Kong telecommunications provider.
- AAA arbitrations on behalf of an environmental remediation services company against a prime contractor and a utility owner in connection with a manufactured gas plant (MGP) remediation project in New York.
- AAA international rules arbitration on behalf of a local exchange telephone carrier in Texas against an international provider of software consulting services.
- WIPO arbitration of a patent infringement and breach of contract dispute on behalf of a Chinese owner of multiple U.S. and European patents.
- Zurich Chamber of Commerce dispute on behalf of a telecommunications company against a European state entity.
- London Maritime Arbitration Association proceedings on behalf of a Chinese producer of metallurgical coke.
- Dispute before the London Maritime Arbitration Association on behalf of a multinational agricultural conglomerate arising from long-term charter shipping contracts.
- Dispute before the Society of Maritime Arbitrators of New York on behalf of a petroleum trading organization against an Italian shipping company.
- Ad hoc arbitration on behalf of an aerospace company against a South American state entity.
- Representation of an energy services company in ad hoc arbitrations with former executives over termination issues and compensation.