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International Arbitration

Boies, Schiller & Flexner LLP has represented clients in arbitral proceedings all over the world in front of forums such as the ICC, LCIA, UNCITRAL, ICSID, AAA, NASD and in ad hoc arbitration.  We regularly appear before tribunals in Paris, Geneva, London, Zurich, Stockholm, and Hong Kong, and throughout the United States.  The Firm's partners frequently participate in ICC colloquiums in Europe and the United States.  Managing Partner Jonathan D. Schiller, who heads the practice, has served both as an advocate and arbitrator in international arbitration and is also a member of the Milan Chamber of National and International Arbitration Club of Arbitrators.

We have served as lead counsel in important and successful international and U.S. arbitrations involving a wide variety of commercial disputes and often involving parallel United States litigation.  Representative matters include the following:

  • We won a $261 million award for an FPL-Caithness joint venture in a UNCITRAL arbitration in Paris arising from the cancellation of a geothermal power project.  The award was confirmed in the United States (with funds to pay the award frozen in New York bank accounts) and affirmed on appeal.  Karaha Bodas Co., L.L.C. v. Perusahaan Pertambangan, 364 F.3d 274 (5th Cir. 2004), cert. denied, 2004 U.S. LEXIS 6236 (Oct. 4, 2004).
  • We obtained an arbitral award in New York in 2004, in the form of a long-term carriage agreement with Cablevision, for YES, a regional sports network owned by Goldman Sachs, the New York Yankees and Providence Equity.  The award increased the enterprise value of YES by $1.5 billion.
  • We obtained an ICC arbitration award in London vacating a $1.4 billion default judgment obtained by Pakistan against Siemens-Westinghouse, which then was awarded $4 million in damages.
  • In an LCIA arbitration in London, we won a $39.5 million award for WorldSpan against Abacus for fraud, breach of contract, plus obtained an additional $10 million by settlement against a third party.
  • Following a three week AAA arbitration of a contract termination case against AOL, we won a settlement for its client Homestore with a restructured contract that provided over $57 million in cash concessions.
  • The Firm represented Grupo TMM, the leading Mexican railroad and transportation company in obtaining a $54 million recovery against Kansas City Southern in an indemnification dispute in AAA ICDR arbitration.
  • We represented the Heerema Group company of the Netherlands in an ICC arbitration against ABB of Switzerland that was resolved by settlement arising out of a joint venture.  We initiated an ICC arbitration relating to the allocation of JV assets and liabilities and secured an over $20 million for the client in a final settlement
  • We obtained an LCIA arbitration award in London affirming the contractual rights of a joint venture against an oil company under a joint bidding agreement for a $7 billion oil field modernization project in Kuwait.
  • We successfully defended Westinghouse in ICC arbitration in Lausanne and in United States litigation brought by the Republic of Philippines seeking repayment of $2.5 billion paid for the construction of a nuclear power plant.  Both the arbitration panel and a jury in New Jersey found for Westinghouse.
  • We successfully defended Westinghouse in three ICC arbitrations brought by the Republic of Iran seeking $185 million in damages for breach of nine contracts providing for the construction and delivery of radar equipment and an air defense system.
  • We won an $84 million award for a subsidiary of The Williams Companies in an ad hoc New York arbitration against a major international insurer in a coverage dispute involving an unusual financial guaranty policy.  The award included a rare grant of consequential damages for breach of contract amounting to $20 million.
  • We represent Merck and Schering-Plough in AAA ICDR arbitration concerning whether the merger between Merck and Schering-Plough triggered a change of control provision in a distribution agreement generating over $2 billion in annual sales.
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