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.
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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.
Contacts
Insights
Firm News | 2 min read | 11.19.24
Crowell Earns National Practice Rankings in Best Law Firms 2025
Insights
Why the Belgium Supreme Court Reversed First Set Aside Decision of an Investment Treaty Award
|05.17.24
Kluwer Arbitration Blog
Investment Treaty Arbitration and International Law, Volume 10, Juris Publishing
|05.17.17
International Investment Law and Arbitration: 2014 in Review
|09.28.16
Chapter in Andrea Bjorklund, ed., Columbia Yearbook On International Investment Law & Policy 2014-2015, Oxford University Press
Investment Treaty Arbitration And International Law, Volume 9, Juris Publishing
|01.01.16
Investment Treaty Arbitration And International Law, Volume 8, Juris Publishing
|01.01.15
The LCIA Takes Control: Whether You Want It To Or Not
|12.02.14
Canadian International Lawyer, Vol. 10, No. 1
JV agreements and the dispute resolution clause: 5 useful points to consider
|11.19.14
Inside Counsel
Inaugural Washington Arbitration Week: COVID-19 Silver Linings And Prudent Prognostics
|12.17.20
Kluwer Arbitration Blog
"US Discovery in Aid of Foreign or International Proceedings: The Rise of 28 USC, Sec. 1782"
|06.30.07
The Journal of the Dispute Resolution Section of the International Bar Association (also appeared in Transnational Dispute Management, September 2007)
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04.01.07
American Arbitration Association’s Dispute Resolution Journal, Vol. 62, 1
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02.02.07
World Arbitration and Mediation Report
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02.01.07
International Arbitration Law Review
"International construction projects, FIDIC contracts and arbitration procedures," Port Authority of Cotonou
|04.15.24
Professionals
Insights
Firm News | 2 min read | 11.19.24
Crowell Earns National Practice Rankings in Best Law Firms 2025
Contacts
Insights
Firm News | 2 min read | 11.19.24
Crowell Earns National Practice Rankings in Best Law Firms 2025