Global businesses need experienced attorneys who understand how to resolve complex disputes across a range of international jurisdictions.
Fox’s International Arbitration Practice has significant experience assisting companies, investors and national entities in the full range of cross-border commercial disputes. Our interdisciplinary group of attorneys have represented public and private sector clients before major arbitral institutions, including:
AAA – American Arbitration Association
ICC – International Chamber of Commerce
ICDR – International Centre for Dispute Resolution
ICSID – International Centre for Settlement of Investment Disputes
IFTA – Independent Film & Television Alliance
LCIA – London Court of International Arbitration
Businesses in manufacturing, technology, construction, energy, finance and pharmaceutical rely on Fox for strategic defense and prosecution of claims in international forums. Leveraging a network of professional relationships and resources throughout Europe, the Americas and Asia, we provide counsel on a range of issues arising from infringement claims, license agreements, construction disputes, investments and joint ventures and various breaches of contract.
Our strategic counsel spans the life cycle of a dispute – from crafting dispute resolution language and negotiating before key arbitral centers to litigation and enforcement of arbitration decisions. Every step of the way, we remain sensitive to the unique diplomatic, cultural and political influences at play in these high-stakes cases.
- Represented E. Phil, a Danish construction company, in the construction of a 220-megawatt hydroelectric plant in Changuinola, Panama and successfully defended and prosecuted claims in ICC arbitration against the owner developer of the plant.
- Successfully represented the Republic of Turkey, Ministry of Energy against Dutch and US energy joint venture partners before the ICC in Geneva, Switzerland in a power plant case.
- Successfully represented an international manufacturer of air-cooled condensers in a major arbitration before the Zurich Chamber of Commerce against large, high visibility claims asserted by Alstom Power on six gas-fired generation power plants in the United States.
- Served as a party-appointed arbitrator in an arbitration administered by the ICC arising out of the construction of a 775-megawatt combined cycle electric generating plant in Massachusetts under an EPC contract. The dispute concerned delay, changes and acceleration claims in excess of $45 million.
- Represented licensor of brand, patents and robotic equipment to Brazilian entity before the ICDR.
- Successfully defended Turkish housing authority against Dutch developers before International Centre for Settlement of Investment Disputes in Paris.
- Secured an eight-figure award on behalf of a client after a one-week international arbitration hearing before the London Court of International Arbitration relating to a failed international real estate joint venture, developing a winning argument based on market evidence in India.
- Handled a complex ICDR arbitration involving allegations that a company in India manufactured prenatal vitamins for our client in a defective manner. Case settled favorably for our client shortly before the arbitration proceeding commenced.
- Led the representation of a foreign software provider in an international arbitration concerning a software implementation, turning a $1 million claim against the client into a settlement payment for the client.
- Prosecuting claims for Nautica Apparel, Inc. in an ICC arbitration in London against Liwa Trading Enterprises, LLC for declaratory relief and breach of contract under apparel license agreement. Pending.
- Successfully defended claims in ICDR arbitration on behalf of Human Genome Sciences and GlaxoSmithKline for breach of contract under pharmaceutical license agreement, resulting in $110M of cost savings.
- Prosecuted claims on behalf of a global pharmaceutical and vision care company for breach of contract arising out of a technology license agreement in ICDR arbitration. Settlement reached before arbitration hearings.
- Defended a global pharmaceutical and vision care company against claims of infringement and breach of contract brought by a nonpracticing entity in multi-week ICDR arbitration. Settlement reached after arbitration hearings.
- Defended and prosecuted claims in ICDR arbitration on behalf of Schering-Plough Corporation and Merck & Co., Inc. made by Centocor Ortho Biotech, Inc. arising out of a “change of control” provision stemming from the business combination between Schering-Plough and Merck. Settlement reached after a two-week evidentiary hearing.
- Successfully prosecuted claims for Schering-Plough, Ltd. in ICDR arbitration against Centocor, Inc. under a pharmaceutical license agreement for access to second generation technology and a follow-on drug.
- Represented major film distributor in ICC arbitration involving disputes over contingent compensation, marketing and distribution of motion picture, and rights to subsequent productions. Negotiated favorable resolution for client prior to arbitration hearing.
- Represented foreign sales agent in connection with delivery dispute concerning whether motion picture delivered by foreign sales agent to distributor for major foreign territories complied with “non-technical specifications” included in license agreement. Negotiated favorable resolution prior to initiation of claims in IFTA arbitration.