Our attorneys have represented clients in commercial arbitrations in various industries. Below is a representative sampling of our attorneys’ current and past international and domestic commercial arbitration engagements by industry:
Intellectual property licensing
- Represented a major French group against a company in the People’s Republic of China in an ICC arbitration in Hong Kong arising from a patent licensing agreement.
- Represented a Scandinavian developer and distributor of health care diagnosis packages in an ICC arbitration initiated by it against an American manufacturer of tests for the assessment of heart disease risk. The claimant sought the recovery of damages resulting from the breach of the parties' license and development agreement calling for the distribution of those tests throughout Europe.
- Represented a large European and American biotechnology corporation in connection with the identification of potential grounds to file a petition before the French courts to set aside an ICC arbitration award issued in France in a dispute over royalties alleged to be due under a licensing agreement for patented technology.
- Represented a publicly-traded American mechanical device manufacturer in patent infringement and licensing arbitrations before the ICDR in San Francisco.
Joint venture projects
- Represented an Omani entity as claimant in an ICC arbitration against a French entity alleging breach of a joint venture agreement calling for civil works and the installation of equipment for television coverage throughout Oman.
- Represented a major European electronics and defense firm in an ICDR arbitral dispute with an American defense contractor relating to performance issues under a joint venture agreement for the design and development of sonar equipment for mapping of the ocean bed.
- Represented an emerging American telecommunications provider in an LCIA arbitration against an African incumbent national telecommunications public utility in relation to allegations of breach of a joint venture agreement to launch a low-cost international calling platform from the Indian Ocean region.
Construction projects, including in the petroleum industry
- Represented a South American state-owned oil company in defense of an eight-figure claim over gas injection infrastructure in arbitration before the ICC in New York.
- Represented a French offshore construction firm in a London-seated ICC arbitration involving numerous disputes under a consortium agreement for the engineering, procurement, construction and installation of four drilling and gas gathering platforms and related pipelines for an oilfield in offshore Nigeria.The case was settled through mediation on the eve of the arbitration hearing.
- Represented a Malaysian oil company in arbitrations under the Rules of the American Arbitration Association and the Rules of the Maritime Arbitrators Association in Houston (Texas) over claims related to the rehabilitation of a drilling rig.
- Represented a major offshore construction firm in an ICDR/AAA arbitration in Houston under New York law relating to the installation of offshore piles that were to serve as foundations to anchor various offshore oil production facilities. The dispute concerned access by several different construction vessels to a single construction site over a series of overlapping dates, which resulted in the costly and needless immobilization of several vessels.
- Represented Brazilian clients in the mining industry against their Japanese joint venture partner in an international arbitration in New York under the ICDR Rules arising from the exercise of a right of first refusal.
- Represented a mining corporation incorporated in the United Kingdom in a dispute with its U.S. joint venture partner regarding the exercise of the right of first refusal.
Power plants and other electricity projects, including hydroelectric power projects
- Represented a state-owned mining company in ICDR arbitration in New York against an American power plant developer over rehabilitation of a power plant serving the mine and community.
- Represented a Cayman private equity fund in ICDR arbitration in New York against a Japanese conglomerate over management of a power plant in North Africa.
- Represented the Philippines in an ICC arbitration in Lausanne, Switzerland, for hundreds of millions of dollars, over defects in the design and construction of a nuclear power plant.
- Represented a U.S. bank on a pre-arbitration claim to the Overseas Private Investment Corporation (OPIC) regarding the expropriation of a power plant in Latin America.
- Represented an independent power producer in AAA arbitration in Washington, D.C. against a retail utility over a fuel clause in power purchase agreements.
Roadway, waterway and other civil works projects
- Represented a European/Latin American construction consortium in a Spanish-language ICC arbitration in Bolivia related to the construction of a water transfer tunnel.
- Represented a Japanese trading company in an ICC arbitration brought by a Turkish construction company related to the construction of a hydroelectric facility in Turkey.
- Represented a French construction company in pre-arbitration conciliation proceedings in Singapore against an Asian government under European Development Fund Rules in relation to the construction of a highway.
- Represented a South American sovereign in defense of nine-figure subway construction delay claim before ICSID.
Hotel and resort construction and management
- Represented a prominent hotel brand in ICC arbitration in Paris over alleged breach of management agreements in Europe, Africa, and Asia.
- Represented a southern European tour operator in a lease dispute advanced in a French-language ICC arbitration relating to a large resort complex in the Indian Ocean.
Telecommunications projects and equipment and services supply
- Represented a major European telecommunications group against US telecommunications group in an international arbitration arising from an M&A transaction.
- Represented a consortium of American, Canadian, German, and Japanese companies in ICC proceedings against the Islamic Republic of Iran regarding claims arising out of the construction of a nationwide telecommunications system.
- Represented a major telecommunications company against a German company in an ICC international arbitration in New York regarding the ownership of patents.
Computer systems and services
- Represented an India-based software-consulting firm in arbitration brought by U.S. telecommunications utility over implementation of CRM software before the ICDR in Palo Alto, California.
- Represented a French systems integrator in an UNCITRAL arbitration against a claim raised by a Russian bank for breach of contract relating to the design and implementation of an operating system for a retail-banking network.
- Represented an IT consulting firm in multi-million dollar dispute with fast-growing women’s clothing retailer over SAP implementation in AAA arbitration in Boston.
Aviation equipment and services
- Represented a German aircraft lessor in an ICC arbitration in Paris arising from a failed transaction with a Mexican airline for the sale of Boeing aircraft and the ultimate seizure and repossession of those aircraft.The tribunal’s award was favorable to the lessor in all respects. Foley Hoag attorneys also successfully defended against a petition to set aside the award at the seat of arbitration in France and assisted with recognition and enforcement matters in Texas and California.
- Represented a North American-based designer and manufacturer of flight simulators against a European manufacturer of short- and mid-range turboprop aircraft in an arbitral dispute under the auspices of the Canadian Commercial Arbitration Center in Montreal relating to the flight simulation software designed for a new line of aircraft.
Purchase, sale and distribution of goods and services
- Represented a fuel wholesaler in AAA arbitration in Washington, D.C. over a biodiesel purchase agreement with supplier.
- Represented a client in an ICC arbitration concerning the breach of a distribution agreement applicable to the Spanish market and relating to a popular online research tool with worldwide notoriety and associated enforcement activities under Spanish and French Law.
- Represented a client in an ICC arbitration related to the discontinuation of an agreement governed by French law calling for the setting up and management of collection and recycling networks for electrical and electronic waste in half a dozen western European countries.
- Represented a leading North American car parts manufacturer in an ICC claim against an Eastern European car manufacturer relating to unpaid invoices for numerous deliveries of parts under different supply contracts. Following initiation of the arbitration, the parties entered into a settlement agreement under which the respondent agreed to pay the entirety of its debt.
- Represented a U.S. company in a proceeding before the International Centre for Dispute Resolution of the American Arbitration Association against a Chilean mining company concerning the breach of a copper supply contract.
- Represented a seafood distributor against a warehouse operator in arbitration of a seven-figure claim for product damage before the American Arbitration Association in Dallas, Texas.
- Represented a publicly-traded medical device manufacturer in dispute over supply and distribution agreements with OEM in an ad hoc arbitration in New Jersey.
Auditing and financial institutions
- Represented a major U.S. bank in a complex multi-party ICC arbitration, and related litigation in aid of arbitration, concerning the control of a major Brazilian telecommunications company.
- Represented a Big Four U.S. accounting firm in defense of a CPR arbitration in New York initiated by its audit client.
- Represented a publicly-traded multinational healthcare firm in post-closing working capital adjustment dispute before a neutral accounting firm in Philadelphia.
- Represented a venture capital firm in defense of claim by co-investor of self-dealing and wrongful dilution in arbitration before the American Arbitration Association in New York.
Gas pricing and its renegotiation
- Represented a European energy company as respondent in an ICC arbitration involving a gas pricing revision and gas shortages claims.
- Represented a European energy company as claimant in an ICC arbitration involving gas price revision and influence of hubs on market pricing.
- Represented an energy company in gas price revision negotiations with a gas supplier.
Employment and consulting contracts
- Represented a corporation against its former CEO in a AAA arbitration arising from a dispute over severance terms and non-compete obligations.
- Represented a CEO of Fortune 100 in an eight-figure claim for contract compensation before a panel of CPR arbitrators in Boston.
- Represented a business co-founder in arbitration against fellow co-founder over non-competition agreement in AAA arbitration in Virginia.
Media and Entertainment
- Represented a U.S. joint venture partner in the media industry against its Mexican joint venture partner in an ICC international arbitration in Mexico arising from a joint venture contract.
- Represented a European petroleum consortium in an insurance ICC dispute over whether coverage applied under a tailor-made PLI policy to a major design change implemented to the thermal insulation designed by the claimant to cover the petroleum conduits installed offshore 1,200 meters below sea level. Those conduits carried brute petroleum from deep sea wells to FPSO vessels in offshore Angola. The arbitral award found coverage applicable and awarded the amounts sought by the insured claimant. The arbitration was followed by recognition and enforcement measures in the United States, Germany, and France, including defending against a petition to set aside in France.
- Represented a major oil producer against a fellow major oil producer in ad hoc U.S. arbitration over allocation of environmental remediation costs.
- Represented a publicly-traded global medical device company in arbitration against insurer before JAMS in Boston.
- Represented a publicly-traded medical information and diagnostics company in dispute over enforcement of a right of first refusal in ICDR arbitration in Indianapolis, Indiana.