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The American Lawyer 2008 Litigation Department of the Year


Industry Expertise:

Arbitration

Matters

International Chamber of Commerce (ICC)

  • ICC arbitration in Switzerland for a major Japanese corporation against other members of construction consortium, arising from a $200 million steel mill project in Brazil.  
  • ICC arbitration in Japan for a Japanese telecom company against English and American telecom companies concerning operation and maintenance of an undersea fiber optic communications cable.
  • ICC arbitration in Singapore for large Korean conglomerate, arising from a technology transfer agreement with a U.S. company that had demanded over $28 million in damages. 
  • ICC arbitration in Paris for a California company against former Japanese distributor.  Also involved in related litigation.  
  • ICC arbitration in Vancouver for leading California winery related to termination of its Japanese distributor. 
  • ICC arbitration in Sweden, with hearings in China, on behalf of a California company in a dispute involving development of a factory for manufacturing electronic components and transfer of related technology to a large Chinese enterprise.  Also handled related patent infringement litigation in California.
  • ICC arbitration in New York for software developer in a breach of product development contract dispute involving interactive educational software and set top box technology.
  • ICC arbitration for Japanese medical device company arising from a licensing and distribution contract.

American Arbitration Association (AAA)

  • AAA Arbitration in New York for owner of a geosynchronous satellite on claim against insurers in the United States, Europe and Asia, and separate arbitration in London governed by the English Arbitration Act of 1996.  Total claim exceeds $200 million.   
  • AAA arbitration in California for electric utility concerning nuclear power plant co-owned by the utilities, involving adjustment of ownership interests under the facility operating agreement as a result of an expensive steam
  • generator replacement project funded by the operator and majority owner.  Amount in dispute exceeds $1 billion.  
  • Arbitration in London pursuant to AAA International Rules for an overseas insurance company.  Dispute arose from expropriation and political violence claims made pursuant to $35 million insurance policy issued in connection with a power plant in South America.
  • Two related arbitrations pursuant to AAA International Rules for a major Japanese global IT investor, arising out of strategic alliances in Japan and Korea with a U.S. software company.  The amount in dispute was over $100 million.  
  • Arbitration under AAA International Rules for a California-based investment firm. 
  • Multi-party arbitration for Taiwanese technology company pursuant to AAA International Rules, involving a technology licensing dispute. 
  • AAA arbitration for U.S. chemical manufacturer arising from dispute with its Asian partner. 
  • Extremely large AAA arbitration for Fujitsu Ltd. against IBM, involving development of IBM-compatible mainframe operating system software.
  • AAA arbitration in California for Taiwanese real estate partnership arising from several contract and tort disputes, which were consolidated into single proceeding. 
  • AAA arbitration for California biometrics company arising from several contracts with a Korean company.  Also defended related federal and state court lawsuits brought by the opposing party.
  • AAA arbitration for web hosting company pertaining to breach of warranty provisions in acquisition agreement. 
  • AAA arbitration for multinational consumer electronics company arising from joint venture with digital camera developer.
  • AAA arbitration for individual inventor against two California companies, relating to ownership of optical scanning technology.  Also involved in related federal and state court actions. 
  • AAA arbitration for major Japanese electronics company arising from investment in a California electronics startup.   
  • AAA arbitration for a pharmaceutical company arising from a dispute with a Contract Research Organization over the conduct of a Phase III clinical trial for a new cancer fighting drug.
  • AAA arbitration for independent electric supplier against investor-owned utility involving Control Area Transmission Services Agreement dispute.
  • AAA arbitration for electric provider involving electric power supply agreement.
  • AAA arbitration for gas producer involving gas price determination clause.
    London Court of International Arbitration (LCIA).
  • LCIA arbitration for Australian biotech company arising from patent license agreement. 
  • LCIA arbitration for overseas political risk insurer arising from $65 million claim filed by large lender, who claimed that default on power plant loans was caused by government regulatory measures that constituted political expropriation under the political risk insurance policy.

London Court of International Arbitration (LCIA)

  • LCIA arbitration for Australian biotech company arising from patent license agreement. 
  • LCIA arbitration for overseas political risk insurer arising from $65 million claim filed by large lender, who claimed that default on power plant loans was caused by government regulatory measures that constituted political expropriation under the political risk insurance policy.

UNCITRAL

  • UNCITRAL arbitration in India for major American energy company against former Indian co-developer relating to the development of a large infrastructure project in India.  Also worked with Indian counsel on related litigation in the Supreme Court of India.  Amount in dispute exceeded $1 billion. 
  • Arbitration in Hong Kong for the Port Authority of Guam administered by the British Columbia International Commercial Arbitration Centre under the UNCITRAL rules as adopted by the Centre.  Port Authority claimed coverage from an overseas insurer for extensive damages caused by an earthquake.  
  • UNCITRAL arbitration for major Korean conglomerate in construction dispute with Indonesian company.

Japan Commercial Arbitration Association (JCAA)

  • JCAA arbitration for major Indian software developer in breach of contract dispute arising out of software development agreement.
  • JCAA arbitration for major Japanese interactive entertainment software company in a global dispute over the rights to the company's intellectual property.

Other Arbitral Organizations and Rules

  • Arbitration before the CPR Institute for Dispute Resolution for a major pharmaceutical company in a patent dispute arising from a global license, which required arbitration of claims related to newly issued patents.  
  • Represented U.S. Olympic gymnast Paul Hamm before the Court of Arbitration for Sport in Switzerland (“CAS”), the world's highest court for resolving sports disputes, in the highly publicized dispute over the gold medal won by Mr. Hamm in the men's individual all-around event in the 2004 Summer Olympics in Athens.  A panel of three CAS arbitrators rejected the appeal filed by the bronze medalist, Korean gymnast Yang Tae Young, and held unanimously that Mr. Hamm should keep his gold medal.
  • Arbitration before the British Columbia International Arbitration Centre related to the Malaysian government’s procurement of satellite technology.
  • Arbitration before the Singapore International Arbitration Centre (SIAC) for a Japanese manufacturer of food products, arising from a stock purchase agreement with an Indonesian company.
  • Ad hoc arbitration for video graphics card company involving patent infringement claims. 
  • Representation of various parties in Internet domain name disputes before the Internet Corporation for Assigned Names and Numbers (ICANN).