International Arbitration

Overview

Crowell & Moring’s international arbitration lawyers have represented private parties, sovereign governments, and state-owned enterprises in international commercial and investment arbitrations around the globe. The firm’s international arbitration practice is a distinct area of concentration within our broader International Dispute Resolution Group.

The firm’s international arbitration lawyers in our Washington, D.C., New York, London, and Brussels offices have counseled clients and tried arbitrations in a variety of languages, in a range of industries, and under all major arbitral regimes. Today, we are representing clients in proceedings ranging from a few million to the billions of dollars, and under fee arrangements that make sense for them in light of their business, political, or policy objectives, and with regard to the amounts in controversy and the complexity of their disputes.

International Commercial Arbitration

Our lawyers have handled commercial arbitrations in some of the world's leading arbitration venues, and under all major arbitral regimes, including the International Chamber of Commerce (ICC), the London Court of Arbitration (LCIA), the American Arbitration Association/International Centre for Dispute Resolution (AAA/ICDR), the Stockholm Chamber of Commerce (SCC), the Dubai International Arbitration Centre (DIAC), and numerous ad hoc arbitrations under UNCITRAL and other rules. They are also experienced in drafting sophisticated dispute resolution and arbitration clauses for complex contracts relating to a broad range of industries.

Investor-State Arbitration

We are one of the best-known firms in the area of state-investor and treaty-based arbitrations, and have substantial experience in arbitrations at the International Centre for Settlement of Investment Disputes (ICSID). As reported recently in Chambers USA, Crowell & Moring “won plaudits for its strong work in international investment and treaty arbitration.” We have handled arbitrations under the North American Free Trade Agreement (NAFTA), Central America Free Trade Agreement (CAFTA), and numerous other investment protection and promotion treaties, including the Energy Charter Treaty. Our state-investor dispute resolution practitioners frequently team with the trade and investment policy professionals at C&M International, government relations lawyers in the firm's Public Policy Group, and counselors in the International Trade Group to provide clients with an integrated solution for their dispute avoidance and resolution needs. This global investment strategy practice is unique and offers clients "end-to-end" services in structuring and working through their foreign investments.

Multilingual, Multicultural Trial Lawyers

While our practitioners frequently lecture, teach, and write about international arbitration, what distinguishes us from other leading practices and practitioners is our firsthand experience as international arbitration trial lawyers. Our attorneys are able to interview witnesses, review documents, draft pleadings, conduct direct and cross-examination, and otherwise work fluently in a variety of languages. Perhaps more important, they know what questions to ask, how to ask them, and how to appreciate the nuances contained in a response, irrespective of the country or culture in which we are asked to work.

Multijurisdictional, Multidimensional Problem Solvers

Several members of our team are qualified to practice law in various jurisdictions around the world in addition to the United States, and are intimately familiar with common, civil, and international law principles and their application in an international arbitral setting. Our Visiting International Scholars Program brings lawyers from other countries and cultures into our midst, broadening our contacts internationally and our knowledge of other legal systems. Our lawyers are well schooled in the art of leveraging political power to resolve complex cross-border commercial and investment disputes. They also understand that resolving a client's international disputes cost efficiently and quickly is not just about arbitrating a dispute aggressively and intelligently. It is about early case evaluation, mediation, and other alternative dispute resolution (ADR), litigation in courts of competent jurisdiction, and lobbying national governments and multilateral organizations.

Industry and Country Knowledge

We have handled disputes involving an extraordinary array of industries, including construction, energy, oil and gas, mining and natural resources, defense, government contracts, telecommunications, banking, hospitality, and financial services. They involve countries as disparate as Argentina, Australia, Brazil, Canada, China, El Salvador, Georgia, Guinea, Guatemala, India, Kazakhstan, Lithuania, Mongolia, Peru, Sweden, Turkey, and the United Kingdom, among others.

Peer Recognition

Our lawyers teach international arbitration, speak at conferences worldwide, publish on a range of international arbitration topics, and have been recognized by our peers as among the leading practitioners in the world. For example, a recent peer review described one of our arbitration partners as possessing “superb focus and attention to detail,” while another of our arbitration partners was described in the same review as “a thought-leader of the future.” The Crowell international arbitration team has also drawn particular acclaim for its “unique case preparation methods, which are the best and most rigorous in the field.” The arbitration team “exemplifies teamwork, though it boasts great individuals capable of absorbing a tremendous amount of crucial technical information. The firm is extremely well connected with all the important players in the arbitration field. The team impresses with its excellent attention to detail and relentless follow-up.”

Insights

Firm News | 1 min read | 03.06.24

Law.com International’s Middle East Legal Awards Shortlists Crowell’s Doha Office for “Law Firm of the Year” and “Leader of the Year”

ALM Law.com International has shortlisted Crowell & Moring’s Doha office in its premier Middle East Legal Awards 2024 for the categories of “Law Firm of the Year – Qatar” and “Law Firm Leader of Year,” recognizing Doha managing partner Charbel Maakaron.

Representative Matters

Africa/Middle East

  • A South African mining company before an LCIA tribunal seated in London in an arbitration concerning toll refining. The tribunal awarded our client a complete victory totaling US$200 million, including interest and legal costs and disbursements.
  • A Kuwaiti subcontractor to a major U.S. defense contractor operating in Iraq in connection with multiple disputes arising out of large-scale U.S. government contract. We have submitted multiple breach of contract claims to arbitration under LCIA and AAA/ICDR rules.
  • A U.S. multinational hotel company in a dispute between the manager and operator of a property in Dubai, UAE, and the Emrati owners over the management and operation of the hotel. 
  • A Southern African mining company and its local subsidiary in a dispute with a West African country over the Government's manipulation of the country's exchange rate and imposition of taxes in relation to the companies' multi-million dollar investments in that country.
  • A Middle Eastern Bank in relation to a dispute seated in London under the UNCITRAL rules, arising from a management agreement with a major European multinational bank.
  • A U.S. hotel company in connection with a bilateral investment treaty dispute arising out of the company's investment in the Egyptian tourism industry. The dispute concerns the alleged breach by the government of the treaty's guarantees of expropriation, fair and equitable treatment and treatment no less favorable than that required by international law.

Asia

  • A Canadian uranium mining company in a bilateral investment treaty arbitration arising from expropriation of the company’s mining licenses by the government of Mongolia. Following nearly five years of work resulting in an international tribunal’s Award on the Merits in favor of our client, the government of Mongolia agreed to pay our client US$70 million and settle all outstanding matters pursuant to the arbitration. Khan Resources Inc., et al. v. Government of Mongolia, et al. (PCA UNCITRAL Arb.).
  • A U.S. company seeking over US$200 million from the Republic of Uzbekistan, the Coca-Cola Export Corporation, and Zeromax Group for breach of contract, unlawful conspiracy, and expropriation of its interest in a successful joint venture in Uzbekistan. The arbitration, in Vienna, is under the rules of the International Arbitral Centre of the Austrian Federal Economic Chamber. (ROZ Trading v. Coca-Cola Export Company, Government of Uzbekistan and Zeromax Group)
  • A Bangladeshi company in London-based ICC arbitration proceedings, under English law, against a U.S. company in connection with breach of contract and other claims arising out of a joint venture agreement relating to a port construction project in Bangladesh.
  • An Indian company in a Seoul-based ICC arbitration against a Korean company arising out of the latter's investments and business activities in India. The substantive law of the arbitration was the law of India.
  • A Chinese chemical manufacturer in an intellectual property dispute with one of the world's largest petroleum companies at the Stockholm Chamber of Commerce (SCC).

Europe

  • An Italian investor in connection with multi-million dollar claims against a CIS country under a bilateral investment treaty for unfair and inequitable treatment, discrimination and breaches of customary international law.
  • A California company in connection with multi-million dollar claims against a CIS country under a bilateral investment treaty for expropriation, discrimination and unfair and inequitable treatment.

Latin America

  • The Republic of Bolivia in an ICSID arbitration involving the "Water War" in Cochabamba. After defending the case for nearly four years, and following a hearing on the issue of jurisdiction, we reached a "no-pay" settlement for Bolivia. This result was a significant victory for our government client. (Aguas del Tunari, S.A. v. Republic of Bolivia)
  • A U.S. company in an ICSID dispute arising out of a legal stability agreement relating to the company's multi-million dollar investments in the Peruvian electricity sector. The dispute arose out of the Peruvian Government's application of a series of unlawful taxes on a retroactive basis. In August 2008, the tribunal found that Peru had violated the guarantee of tax stabilization and the principle of good faith, awarding our Client over US $18 million in damages, plus pre- and post-award interest. (Duke Energy International Peru Investments No 1, Ltd. v. Republic of Peru)
  • A U.S. company in an ICSID dispute relating to the company's multi-million dollar investments in the Ecuadorian electricity sector. The tribunal found in our favor in August 2008 and the total award, including interest, is calculated to be over US $10 million. (Duke Energy Electroquil Partners and Electroquil S.A. v. Republic of Ecuador)
  • A Brazilian joint venture company in a Paris-based ICC arbitration against a Brazilian state-owned utility arising out of a long-term power purchase agreement (PPA) and involving issues related to the construction of a power plant. The dispute involved claims and counterclaims in excess of US$ 1.8 billion, and was one of the first major international arbitrations involving a Brazilian mixed-capital company. (UEG Araucária Ltda. v. COPEL)
  • A U.S. mining company in connection with a multi-million dollar investment dispute in a Central American country under the CAFTA.

NAFTA/CAFTA

  • A publicly-held Canadian corporation owning rights in mining claims in the California desert. The claims, brought under the NAFTA, are based on the U.S. Government's alleged expropriation of those rights and breaches of customary international law. (Glamis Gold Ltd. v. USA)
  • A Canadian company and Canadian citizens who are members of the Six Nations Confederacy in an UNCITRAL arbitration under the NAFTA. The claims are based on measures taken by 46 State Governments and six territorial administrations of the U.S. subsequent to a litigation settlement agreement made with large tobacco manufacturers. (Grand River Enterprises et al v. USA)
  • A U.S. mining company in connection with a multi-million dollar investment dispute in a Central American country under the CAFTA.

Insights

Firm News | 1 min read | 03.06.24

Law.com International’s Middle East Legal Awards Shortlists Crowell’s Doha Office for “Law Firm of the Year” and “Leader of the Year”

ALM Law.com International has shortlisted Crowell & Moring’s Doha office in its premier Middle East Legal Awards 2024 for the categories of “Law Firm of the Year – Qatar” and “Law Firm Leader of Year,” recognizing Doha managing partner Charbel Maakaron.

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Professionals

Insights

Firm News | 1 min read | 03.06.24

Law.com International’s Middle East Legal Awards Shortlists Crowell’s Doha Office for “Law Firm of the Year” and “Leader of the Year”

ALM Law.com International has shortlisted Crowell & Moring’s Doha office in its premier Middle East Legal Awards 2024 for the categories of “Law Firm of the Year – Qatar” and “Law Firm Leader of Year,” recognizing Doha managing partner Charbel Maakaron.