International Dispute Resolution
Resolving disputes between nations or for multinationals operating in various countries can be highly complex. The survival of organizations can often hinge on dispute resolution advisers with the skill and savvy to guide companies, and the individuals behind them, in resolving or settling disputes which may otherwise cause financial, operational, and/or reputational damage. Our team of sophisticated international dispute resolution attorneys brings a deep bench of experience spanning every major international dispute resolution forum. We are regularly engaged by some of the largest companies in the world to synthesize details, assess risk, and to bring swift and definitive closure to potential and actual disputes.
HOW WE HELP
Building upon our top-ranked construction, product liability, intellectual property, trade secrets, employment, international corporate, and complex commercial practices, Seyfarth’s international dispute resolution and arbitration group represents clients across the globe in cross-border disputes. Our firm has represented various clients on legal matters in numerous jurisdictions around the world. Our expertise includes the following industries and substantive areas:
- Construction, development & infrastructure projects
- Government contracts
- Corporate and stockholder disputes
- Post-closing merger price adjustments
- Energy and natural resources
- Franchise & distribution
- Intellectual property
- International employment
- Global restructuring
- Product liability & complex tort
- Trade secret & non-competes
- Securities & derivatives
- FCPA & other cross-border investigations
- Trade sanctions
- White collar crimes
- CFIUS & foreign investment
- International treaty arbitrations
Our team of attorneys advises on other alternative dispute resolution methods such as mediation, project neutrals, and dispute review boards, providing guidance on the appropriate dispute resolution options. Arbitrations are held before a broad range of tribunals, such as the International Chamber of Commerce (ICC), International Centre for Dispute Resolution (ICDR), London Court of International Arbitration (LCIA), Singapore International Arbitration Centre, United Nations Commission on International Trade Law Rules (UNCITRAL), and the International Trade Commission (ITC).
We also represent our clients in court proceedings on the merits of disputes, as well as to compel or resist arbitrations and to enforce arbitral awards. Our attorneys also have significant experience in using mediation as a way of resolving cross-border disputes. Many of our attorneys serve as arbitrators and mediators and are fluent in numerous languages. Seyfarth also is a founding member of the Atlanta International Arbitration Society (ATLAS).
Seyfarth is a proud signatory of the Equal Representation in Arbitration Pledge. This Pledge seeks to increase, on an equal opportunity basis, the number of women appointed as arbitrators in order to achieve a fair representation as soon as practically possible, with the ultimate goal of full parity.
THE SEYFARTH EXPERIENCE
A commitment to client service forms the foundation of our work. To facilitate this, we conduct regular review meetings with clients to discuss current issues and needs as identified by the client. Our team members collaborate with clients to evaluate and update documents and processes, streamlining where appropriate to address security and enforcement issues, and to achieve efficiencies. For clients who desire it, we provide a web-based method for tracking the progress of matters through Seyfarth Link, our proprietary collaboration platform.
We constantly seek ways to minimize delays and costs, and explore opportunities for resolution and continued business viability through alternative remedies. We collaborate with our clients to develop a scope and definition of the work we do, which results in shared expectations, transparency and predictability.
By accessing the firm’s national and international resources and working as cross-disciplinary teams, we staff, manage and resolve complex dispute matters pending in multiple jurisdictions and countries, and do so in a seamless manner. Our international dispute resolution attorneys draw on experience from attorneys throughout the firm to develop the right solutions for clients facing complex transactional and litigation issues.
Construction, Development & Infrastructure Projects
- Represented an international construction company as prime contractor in an arbitration under the auspices of the International Chamber of Commerce in Paris against a defaulted Pakastani subcontractor involving fast-track, design/build improvements to a military airfield in Afghanistan. Following a lengthy hearing, we received the award of the Arbitral Panel which ruled in our client's favor on entitlement in its entirety.
- Retained by the international design-build consortium that performed the over $3 billion contract to design and construct the Third Set of Locks for the Panama Canal. Representation included providing general contract advice regarding issues as they arose during construction, as well as preparing and pursuing numerous claims governed by Panama law in DAB proceedings and ICC arbitrations on behalf of client totaling in excess of $2 billion.
- Representing an international construction and engineering firm in a dispute with its JV partner in Japan concerning various military base projects.
- Successfully represented an international organization in defending against its prior construction litigation counsel’s attempt to overturn an arbitral award in favor of our client. We successful removed the action to US federal court and then moved to dismiss the action predicated on the organization’s absolute immunity from judicial process under an international treaty. The district court refused to remand the action and granted the organization’s motion to dismiss.
- Represented the engineer in a dispute with the Government of the Republic of Singapore arising out a consultancy services agreement for the design and construction of a sewage treatment plant; our client received a favorable award after an arbitration administered by the Singapore International Arbitration Centre.
- Represented contractor on two projects for the Broadcast Board of Governors (the Voice of America) on construction projects of turnkey broadcast antenna fields in Djibouti and Kuwait. Both projects involved claims against the US Government and disputes with subcontractors, which included claim issues with infrastructure projects, constructive changes, delays and differing site conditions.
- Represented an Italian industrial group in the negotiation of an EPC (Design-Build) construction contract and all related subcontracts for the construction of a nearly one billion dollar hydroelectric plant in Uganda. After negotiation of the contracts in New York, we represented the client in contract evaluation and in the presentation of detailed position papers to the standing DAB (Dispute Adjudication Board) convened on the project. These services included contract evaluation as well as evaluation of various positions and assessment of eventual recoveries.
- Served as construction counsel to a hospitality company handling cross-border disputes arising out of hotel renovation projects in Canada, Chile, Belgium, Brazil, India, Italy, Mexico, the Netherlands, Spain and the United Kingdom.
- Represented the contractor in multinational litigation and arbitration, including proceedings in Singapore, Hong Kong, New York, and London concerning the construction of twin office towers in Singapore.
- Represented the construction manager in the first international construction mediation conducted by the American Arbitration Association arising out of a project for the Government of Saipan.
- Represented investor in multi-million dollar investor-state arbitration in Turkey and Turkmenistan (Bi-Lateral Investment Treaty) under the ICSID Convention. The case involved the sovereign’s expropriation without compensation of a manufacturing/processing facility constructed and operated by investor.
- Represented dredging contractor in arbitration proceedings in Geneva and Toronto under Mexican law concerning claims and counterclaims arising from a harbor dredging project on the Yucatan Peninsula of Mexico.
Corporate/Investment Disputes
- Prepared an extensive expert report educating a foreign court on a wide variety of US complex securities litigation issues in connection with a class action suit in that court against a large international company alleging violations of Section 10(b), Rule 10b-5 and Section 20(a) of the Securities Exchange Act.
- Represented shareholders (the “Sellers”) in an ICC arbitration for recovery of a $15 million purchase price adjustment to a $125 million sale of a business to a large Spanish construction company. After a full multi-day US arbitration hearing, the arbitration panel awarded a full recovery on the claim plus our legal fees and expenses for a total of $23 million to our client.
- Represented a public company’s subsidiary in an eight-figure criminal investigation into allegations of cartel violations related to price fixing. Our team represented the CEO in investigations conducted by antitrust authorities worldwide—including the United States, Brazil, Japan, Singapore, and South Korea—and secured immunity for the client under the DOJ’s Antitrust Amnesty Program.
- Represented machinery manufacturer in connection with an international dispute and arbitration with a supplier and competitor over competition and pricing issues.
- Representing shareholders in dispute with software company in Hong Kong relating to the distribution of proceeds and sale of corporate assets.
Energy and Natural Resources
- Representing a Middle Eastern engineering and construction conglomerate in cross-border arbitrations and litigation arising out of its EPC Contract for a $2 billion chemical plant project.
- Represented Chinese contractor in connection with disputes arising from two hydroelectric projects in Central America.
- Represented a Japanese builder of off-shore oil drilling platform in an ICC arbitration against a Singaporean sub-contractor for delays in completion of subcontracted construction.
- Represented international EPC firm in arbitral proceedings against its switch-yard design-build subcontractor on a Mexican power project.
Franchise & Distribution
- Representing an industrial products company in a billion dollar piece of litigation that is pending before the International Chamber of Commerce in Paris. The litigation has been going on for 3 years and involves a variety of distribution and antitrust claims.
Intellectual Property
- Represented a French company in a jury trial enforcing its patent and trade dress rights. The jury found that the defendant was liable on all counts and awarded the company all its requested compensatory damages as well as significant punitive damages.
- Represented a manufacturer and marketer of high-end tools and equipment for professional use in the transportation industry, and its subsidiaries, for several years in a number of intellectual property related areas, including domestic and international patent prosecution of hand tools, battery operated tools, and tool storage inventions.
Shanghai/Hong Kong Dispute Resolution
- Represented a US multinational company in its successful defense of the largest ever employment law cases in mainland China involving the disclosure of confidential information to our client’s competitor.
- Represented an Australian company in trademark review, opposition and invalidation cases in mainland China.
- Represented a high-net-worth individual on multijurisdictional litigation matters valuated at $1.1 billion, including the successful defense of a Mareva Injunction in the sum of $620 million in both the Court of First Instance and the Court of Appeal of Hong Kong.
- Represented a wholly-owned Hong Kong subsidiary of a Shenzhen listed biotechnology group in a contractual dispute over COVID-19 mass testing scheme.
- Defending an application to set aside a statutory demand on behalf of a Cayman Islands incorporated Master Fund.
- Acting for a Hong Kong listed company in resisting vexatious proceedings brought in the Hong Kong Court of First Instance in connection with historic transactions alleged to have been based on the advice of an inadequately qualified expert.
- Represented a US listed manufacturer of photovoltaic products in its defense of Hong Kong High Court proceedings commenced by a purchaser alleging a failure to deliver products and successfully dismissed the Plaintiff’s claim through to the Court of Appeal.
- Represented a US financial institution, a victim of fraud whereby $2.3 million were stolen and remitted to Hong Kong. Interlocutory injunction obtained to freeze and trace the stolen funds.
- Acting for a global e-commerce platform in relation to cross-border tax and customs investigations and proceedings.
Trade Secrets & Non-Competes
- Obtained a permanent injunction against a Chinese national and stopped him from using trade secrets and confidential information stolen from our client, and our team cooperated with an FBI investigation into the defendant’s conduct and subsequent actions by the US Attorney in San Diego, California. Representing federal contractor in international arbitration in Frankfurt, Germany, arising out of alleged poaching of subcontractor’s employees at medical facilities on US bases in Germany and Italy.
Product Liability & Complex Tort
- Prevailed before the Supreme Court of South Korea, overturning a large judgment against a long-standing agricultural products and chemical manufacturer client in a suit brought by class of over 17,000 plaintiffs claiming various adverse health defects from alleged exposure to one of our client’s legacy chemical products.
- Represent global pharmaceutical and agricultural sector client in ongoing litigation under France, South Korea and New Zealand law in multiple cases alleging exposure to and resulting harm from one of our clients products.
Related News & Insights
-
Blog Post
12/17/2024
Expropriation Limitation: U.S. Supreme Court Appears Skeptical of Jurisdiction Over Holocaust Seizure Claims
-
Blog Post
Dec 11, 2024
Steve Kmieciak and Sara Beiro Farabow to Present Micro-Webinar: “Adapting Standard Construction Forms for Overseas Hospitality Renovations”
-
Sponsored Events
10/22/2024
Seyfarth’s Sara Beiro Farabow and Will Prickett to Guest Lecture at the Polytechnic University of Milan
-
Blog Post
10/21/2024
Judgment Gymnastics: Enforcing Overseas Judgments and Arbitration Awards in the U.S.
Recognition
-
Recognition
09/23/2024
Seyfarth Shortlisted for Six 2024 International Employment Lawyer Awards
-
Recognition
03/01/2022
Seyfarth Lawyers Recognized in 2022 World Trademark Review 1000
-
Recognition
02/18/2022
Seyfarth Recognized in Chambers Global 2022 Rankings
-
Recognition
02/07/2022
Seyfarth’s Talat Ansari Named a “Top Cross Border Lawyer” by Legal Era
Resolving disputes between nations or for multinationals operating in various countries can be highly complex. The survival of organizations can often hinge on dispute resolution advisers with the skill and savvy to guide companies, and the individuals behind them, in resolving or settling disputes which may otherwise cause financial, operational, and/or reputational damage. Our team of sophisticated international dispute resolution attorneys brings a deep bench of experience spanning every major international dispute resolution forum. We are regularly engaged by some of the largest companies in the world to synthesize details, assess risk, and to bring swift and definitive closure to potential and actual disputes.
HOW WE HELP
Building upon our top-ranked construction, product liability, intellectual property, trade secrets, employment, international corporate, and complex commercial practices, Seyfarth’s international dispute resolution and arbitration group represents clients across the globe in cross-border disputes. Our firm has represented various clients on legal matters in numerous jurisdictions around the world. Our expertise includes the following industries and substantive areas:
- Construction, development & infrastructure projects
- Government contracts
- Corporate and stockholder disputes
- Post-closing merger price adjustments
- Energy and natural resources
- Franchise & distribution
- Intellectual property
- International employment
- Global restructuring
- Product liability & complex tort
- Trade secret & non-competes
- Securities & derivatives
- FCPA & other cross-border investigations
- Trade sanctions
- White collar crimes
- CFIUS & foreign investment
- International treaty arbitrations
Our team of attorneys advises on other alternative dispute resolution methods such as mediation, project neutrals, and dispute review boards, providing guidance on the appropriate dispute resolution options. Arbitrations are held before a broad range of tribunals, such as the International Chamber of Commerce (ICC), International Centre for Dispute Resolution (ICDR), London Court of International Arbitration (LCIA), Singapore International Arbitration Centre, United Nations Commission on International Trade Law Rules (UNCITRAL), and the International Trade Commission (ITC).
We also represent our clients in court proceedings on the merits of disputes, as well as to compel or resist arbitrations and to enforce arbitral awards. Our attorneys also have significant experience in using mediation as a way of resolving cross-border disputes. Many of our attorneys serve as arbitrators and mediators and are fluent in numerous languages. Seyfarth also is a founding member of the Atlanta International Arbitration Society (ATLAS).
Seyfarth is a proud signatory of the Equal Representation in Arbitration Pledge. This Pledge seeks to increase, on an equal opportunity basis, the number of women appointed as arbitrators in order to achieve a fair representation as soon as practically possible, with the ultimate goal of full parity.
THE SEYFARTH EXPERIENCE
A commitment to client service forms the foundation of our work. To facilitate this, we conduct regular review meetings with clients to discuss current issues and needs as identified by the client. Our team members collaborate with clients to evaluate and update documents and processes, streamlining where appropriate to address security and enforcement issues, and to achieve efficiencies. For clients who desire it, we provide a web-based method for tracking the progress of matters through Seyfarth Link, our proprietary collaboration platform.
We constantly seek ways to minimize delays and costs, and explore opportunities for resolution and continued business viability through alternative remedies. We collaborate with our clients to develop a scope and definition of the work we do, which results in shared expectations, transparency and predictability.
By accessing the firm’s national and international resources and working as cross-disciplinary teams, we staff, manage and resolve complex dispute matters pending in multiple jurisdictions and countries, and do so in a seamless manner. Our international dispute resolution attorneys draw on experience from attorneys throughout the firm to develop the right solutions for clients facing complex transactional and litigation issues.
Related Practices
- Antitrust & Competition
- Corporate Counseling & Governance
- Construction Claims & Disputes
- Government Contracts
- International Employment Law
- Intellectual Property Counseling & Prosecution
- Privacy & Cybersecurity
- Product Liability & Complex Tort
- Securities & Fiduciary Duty Litigation
- Trade Secrets, Computer Fraud & Non-Competes
- Mainland China & Hong Kong Employment Law
Related Key Industries
Construction, Development & Infrastructure Projects
- Represented an international construction company as prime contractor in an arbitration under the auspices of the International Chamber of Commerce in Paris against a defaulted Pakastani subcontractor involving fast-track, design/build improvements to a military airfield in Afghanistan. Following a lengthy hearing, we received the award of the Arbitral Panel which ruled in our client's favor on entitlement in its entirety.
- Retained by the international design-build consortium that performed the over $3 billion contract to design and construct the Third Set of Locks for the Panama Canal. Representation included providing general contract advice regarding issues as they arose during construction, as well as preparing and pursuing numerous claims governed by Panama law in DAB proceedings and ICC arbitrations on behalf of client totaling in excess of $2 billion.
- Representing an international construction and engineering firm in a dispute with its JV partner in Japan concerning various military base projects.
- Successfully represented an international organization in defending against its prior construction litigation counsel’s attempt to overturn an arbitral award in favor of our client. We successful removed the action to US federal court and then moved to dismiss the action predicated on the organization’s absolute immunity from judicial process under an international treaty. The district court refused to remand the action and granted the organization’s motion to dismiss.
- Represented the engineer in a dispute with the Government of the Republic of Singapore arising out a consultancy services agreement for the design and construction of a sewage treatment plant; our client received a favorable award after an arbitration administered by the Singapore International Arbitration Centre.
- Represented contractor on two projects for the Broadcast Board of Governors (the Voice of America) on construction projects of turnkey broadcast antenna fields in Djibouti and Kuwait. Both projects involved claims against the US Government and disputes with subcontractors, which included claim issues with infrastructure projects, constructive changes, delays and differing site conditions.
- Represented an Italian industrial group in the negotiation of an EPC (Design-Build) construction contract and all related subcontracts for the construction of a nearly one billion dollar hydroelectric plant in Uganda. After negotiation of the contracts in New York, we represented the client in contract evaluation and in the presentation of detailed position papers to the standing DAB (Dispute Adjudication Board) convened on the project. These services included contract evaluation as well as evaluation of various positions and assessment of eventual recoveries.
- Served as construction counsel to a hospitality company handling cross-border disputes arising out of hotel renovation projects in Canada, Chile, Belgium, Brazil, India, Italy, Mexico, the Netherlands, Spain and the United Kingdom.
- Represented the contractor in multinational litigation and arbitration, including proceedings in Singapore, Hong Kong, New York, and London concerning the construction of twin office towers in Singapore.
- Represented the construction manager in the first international construction mediation conducted by the American Arbitration Association arising out of a project for the Government of Saipan.
- Represented investor in multi-million dollar investor-state arbitration in Turkey and Turkmenistan (Bi-Lateral Investment Treaty) under the ICSID Convention. The case involved the sovereign’s expropriation without compensation of a manufacturing/processing facility constructed and operated by investor.
- Represented dredging contractor in arbitration proceedings in Geneva and Toronto under Mexican law concerning claims and counterclaims arising from a harbor dredging project on the Yucatan Peninsula of Mexico.
Corporate/Investment Disputes
- Prepared an extensive expert report educating a foreign court on a wide variety of US complex securities litigation issues in connection with a class action suit in that court against a large international company alleging violations of Section 10(b), Rule 10b-5 and Section 20(a) of the Securities Exchange Act.
- Represented shareholders (the “Sellers”) in an ICC arbitration for recovery of a $15 million purchase price adjustment to a $125 million sale of a business to a large Spanish construction company. After a full multi-day US arbitration hearing, the arbitration panel awarded a full recovery on the claim plus our legal fees and expenses for a total of $23 million to our client.
- Represented a public company’s subsidiary in an eight-figure criminal investigation into allegations of cartel violations related to price fixing. Our team represented the CEO in investigations conducted by antitrust authorities worldwide—including the United States, Brazil, Japan, Singapore, and South Korea—and secured immunity for the client under the DOJ’s Antitrust Amnesty Program.
- Represented machinery manufacturer in connection with an international dispute and arbitration with a supplier and competitor over competition and pricing issues.
- Representing shareholders in dispute with software company in Hong Kong relating to the distribution of proceeds and sale of corporate assets.
Energy and Natural Resources
- Representing a Middle Eastern engineering and construction conglomerate in cross-border arbitrations and litigation arising out of its EPC Contract for a $2 billion chemical plant project.
- Represented Chinese contractor in connection with disputes arising from two hydroelectric projects in Central America.
- Represented a Japanese builder of off-shore oil drilling platform in an ICC arbitration against a Singaporean sub-contractor for delays in completion of subcontracted construction.
- Represented international EPC firm in arbitral proceedings against its switch-yard design-build subcontractor on a Mexican power project.
Franchise & Distribution
- Representing an industrial products company in a billion dollar piece of litigation that is pending before the International Chamber of Commerce in Paris. The litigation has been going on for 3 years and involves a variety of distribution and antitrust claims.
Intellectual Property
- Represented a French company in a jury trial enforcing its patent and trade dress rights. The jury found that the defendant was liable on all counts and awarded the company all its requested compensatory damages as well as significant punitive damages.
- Represented a manufacturer and marketer of high-end tools and equipment for professional use in the transportation industry, and its subsidiaries, for several years in a number of intellectual property related areas, including domestic and international patent prosecution of hand tools, battery operated tools, and tool storage inventions.
Shanghai/Hong Kong Dispute Resolution
- Represented a US multinational company in its successful defense of the largest ever employment law cases in mainland China involving the disclosure of confidential information to our client’s competitor.
- Represented an Australian company in trademark review, opposition and invalidation cases in mainland China.
- Represented a high-net-worth individual on multijurisdictional litigation matters valuated at $1.1 billion, including the successful defense of a Mareva Injunction in the sum of $620 million in both the Court of First Instance and the Court of Appeal of Hong Kong.
- Represented a wholly-owned Hong Kong subsidiary of a Shenzhen listed biotechnology group in a contractual dispute over COVID-19 mass testing scheme.
- Defending an application to set aside a statutory demand on behalf of a Cayman Islands incorporated Master Fund.
- Acting for a Hong Kong listed company in resisting vexatious proceedings brought in the Hong Kong Court of First Instance in connection with historic transactions alleged to have been based on the advice of an inadequately qualified expert.
- Represented a US listed manufacturer of photovoltaic products in its defense of Hong Kong High Court proceedings commenced by a purchaser alleging a failure to deliver products and successfully dismissed the Plaintiff’s claim through to the Court of Appeal.
- Represented a US financial institution, a victim of fraud whereby $2.3 million were stolen and remitted to Hong Kong. Interlocutory injunction obtained to freeze and trace the stolen funds.
- Acting for a global e-commerce platform in relation to cross-border tax and customs investigations and proceedings.
Trade Secrets & Non-Competes
- Obtained a permanent injunction against a Chinese national and stopped him from using trade secrets and confidential information stolen from our client, and our team cooperated with an FBI investigation into the defendant’s conduct and subsequent actions by the US Attorney in San Diego, California. Representing federal contractor in international arbitration in Frankfurt, Germany, arising out of alleged poaching of subcontractor’s employees at medical facilities on US bases in Germany and Italy.
Product Liability & Complex Tort
- Prevailed before the Supreme Court of South Korea, overturning a large judgment against a long-standing agricultural products and chemical manufacturer client in a suit brought by class of over 17,000 plaintiffs claiming various adverse health defects from alleged exposure to one of our client’s legacy chemical products.
- Represent global pharmaceutical and agricultural sector client in ongoing litigation under France, South Korea and New Zealand law in multiple cases alleging exposure to and resulting harm from one of our clients products.
Related News & Insights
-
Blog Post
12/17/2024
Expropriation Limitation: U.S. Supreme Court Appears Skeptical of Jurisdiction Over Holocaust Seizure Claims
-
Blog Post
Dec 11, 2024
Steve Kmieciak and Sara Beiro Farabow to Present Micro-Webinar: “Adapting Standard Construction Forms for Overseas Hospitality Renovations”
-
Sponsored Events
10/22/2024
Seyfarth’s Sara Beiro Farabow and Will Prickett to Guest Lecture at the Polytechnic University of Milan
-
Blog Post
10/21/2024
Judgment Gymnastics: Enforcing Overseas Judgments and Arbitration Awards in the U.S.
Recognition
-
Recognition
09/23/2024
Seyfarth Shortlisted for Six 2024 International Employment Lawyer Awards
-
Recognition
03/01/2022
Seyfarth Lawyers Recognized in 2022 World Trademark Review 1000
-
Recognition
02/18/2022
Seyfarth Recognized in Chambers Global 2022 Rankings
-
Recognition
02/07/2022
Seyfarth’s Talat Ansari Named a “Top Cross Border Lawyer” by Legal Era