International Arbitration & ADR Practice

Heller Ehrman’s International Arbitration & Alternative Dispute Resolution (ADR) practice is a key player in resolving disputes around the globe. With 650 attorneys and professionals in 14 offices worldwide, we take a multi‑disciplinary approach to the practice of law, drawing upon our legal and industry experience from across the firm to build the best legal teams for our clients. We work closely with our clients to determine whether litigation, arbitration or other ADR approaches best serve their needs.

Our approach to international arbitration and ADR is innovative and effective, focusing on results‑oriented strategies for our clients. Our experience ranges from representing clients under all of the major international arbitration rules to enforcing arbitral awards internationally and in the United States. Our attorneys have extensive experience both as advocates and as neutrals (e.g., arbitrators and mediators). We represent clients in mediations, adjudications and conciliations. We negotiate and draft ADR agreements and dispute resolution provisions for international and domestic commercial transactions and design dispute resolution systems for corporate use.

Our international presence in Hong Kong, Beijing and Singapore, as well as our affiliations in Europe, enable us to advise clients in legal problem-solving worldwide. We have approximately 40 attorneys and consultants in Asia, many of whom who are recognized leaders in their fields.

Facts About Our Practice

• Possess extensive experience in mediation and at all phases, including selecting effective mediators, drafting mediation position papers and preparing clients for participation.
• Routinely draft international dispute resolution clauses, including multi-tiered clauses, for all types of engagements and transactions.
• Advise clients on ways to structure international investments in order to derive maximum protection afforded by bilateral and multilateral investment treaties. Also advise on arbitration proceedings pertaining to such treaties.
• Act as arbitrators and mediators for leading panels, such as the International Institute for Conflict Prevention and Resolution (CPR Institute), the AAA, CIETAC, HKIAC and SIAC.
• Serve on drafting committees for leading institutions’ model arbitration rules, mediation procedures and ethical codes.
• Participate in many groundbreaking initiatives within the dispute resolution field, including the establishment of the China-U.S. Business Mediation Center by the CPR Institute and the CCPIT.
• Features attorneys such as the recent past Chairman of the CI Arbitration, East Asia Branch, a fellow of the Chartered Institute of Arbitrators (Asia), an executive committee member and board member of the CPR Institute, a former employee of CCPIT/CIETAC and an ICC intern.
• Includes attorneys who teach arbitration and ADR as adjunct professors and lecturers on law school faculties and are regularly featured in leading ADR conferences throughout the world.
• Serve as counsel under all of the major international arbitration rules, including those established by the following international entities:
• American Arbitration Association (AAA)
• China Council for the Promotion of International Trade (CCPIT)
• China International Economic and Trade Arbitration Commission (CIETAC)
• Council for the Promotion of International Trade (CPIT)
• Hong Kong International Arbitration Center (HKIAC)
• International Center for Dispute Resolution (ICDR)
• International Center for Settlement of Investment Disputes (ICSID)
• International Chamber of Commerce (ICC)
• London Council of International Arbitration (LCIA)
• Singapore International Arbitration Centre (SIAC)
• United Nations Commission on International Trade Law (UNCITRAL)

Engagements

• Represent a Ministry of the People's Republic of China (PRC) in an arbitration involving the design, construction and operation of the world's largest open pit coalmine. The arbitration was conducted in Stockholm under the Stockholm Chamber of Commerce Rules.
• Represent a U.S. construction company in a dispute with a Middle Eastern government entity over the construction of an energy facility in the Middle East. This ICC arbitration was conducted in Switzerland.
• Represent a North African government entity in a dispute with a French construction company over the development of an energy project in North Africa. The arbitration was conducted under the ICC Rules in Paris, following a mediation in North Africa.
• Represent a Nasdaq-listed company in arbitration proceedings in Singapore arising out of the construction of an offshore gas platform in Indonesia.
• Represent a Korean contractor in an ICC arbitration in Paris commenced by a sub-contractor arising out of a power project in India.
• Represent an energy company in a complex commercial arbitration against a French-based power transmission and distribution corporation stemming from manufacturing defect and breach of contract claims.
• Represent Bonneville Power Association in an AAA arbitration involving a claim for more than $1 billion alleging breach of a contract during the construction of a major gas and steam power plant.

Construction

• Represent the Hong Kong Government in arbitration proceedings commenced by a German contractor in a dispute arising out of a river training project in the New Territories, Hong Kong.
• Represent a Saudi Arabian company in a dispute involving the construction of an international airport in Saudi Arabia. The arbitration was conducted under the ICC Rules in Switzerland.
• Represent the Taiwanese developer in an UNCITRAL arbitration relating to a building development. The sums in dispute exceeded $400 million. Several hearings on preliminary issues resulted in a commercial settlement before substantive hearings began.
• Represent the Hong Kong SAR Government in multi-tiered UNCITRAL arbitration proceedings relating to the construction of a hospital. This arbitration was one of the last cases appealed to the English Privy Council, prior to the hand over of Hong Kong back to China in 1997.
• Act for an American developer of a theatre complex in the PRC in relation to an alleged wrongful termination. The claims were in the order of $10 million, including a successful bond call (initially resisted by the bondsman). The main arbitration proceedings were settled by agreement.
• Advise a Hong Kong property developer in relation to the enforcement against it of a PRC arbitral award obtained in the Shanghai Arbitration Commission and related appeals to the Shanghai Intermediate Court.
• Represent a Japanese contractor in arbitration proceedings against the Hong Kong Special Administrative Region (SAR) government arising out of a civil engineering project in Kowloon, Hong Kong.
• Co-counsel with Indonesian counsel for an Indonesian conglomerate in an ICC arbitration in Singapore against a UK process engineering company.
• Co-counsel in an UNCITRAL arbitration in Singapore brought by a UK-based chemicals multinational and governed by Indonesian law.
• Represent a major smelting and refining company in an arbitration of a contract dispute under the rules of the British Columbia International Commercial Arbitration Centre.
• Represent an Israeli integrated water submetering company in litigation and a related commercial arbitration and mediation stemming from a failed joint venture with a U.S. technology company.
• Represent the North American subsidiary of a European consumer electronics company in a contract dispute with a consortium of European law enforcement agencies. The matter was administered by the AAA's International Disputes office in New York and resulted in a favorable settlement for the client.

Hotels and Hospitality

• Represent a Beijing-based retail coffee company with operations in Beijing and Tianjian in an AAA arbitration relating to a proposed equity buy-in by the leading international coffee retailer and the appropriate method for determining the buy-in price. After discovery and motion practice, the parties settled the matter in late December 2004 and an appraisal of the Beijing company by an international investment bank occurred thereafter.
• Represent the subsidiary of a U.S. company in an arbitration proceeding arising out of the development of a hotel in Thailand.
• Act for a British hotel owner in CIETAC arbitration proceedings in China, relating to arrears under a series of hotel management agreements.
• Represent a nationwide hotel chain in an arbitration regarding the termination of a management contract for a flagship property.

Technology

• Represent Cetus and Hoffmann-LaRoche, Inc. in an AAA arbitration in connection with a dispute relating to rights to the technology pioneered by Cetus in the field of amplification of nucleic acid sequences.
• Represent HPL Technologies in a dispute over license fees owed HPL under a software license agreement. The panel of three arbitrators unanimously ruled that Teradyne owed HPL the disputed license fees, and awarded HPL its attorney's fees, costs and interest.
• Represent Cepheid in an Internet dispute to gain rights to the domain name GENEXPERT.com before the World Intellectual Property Organization (WIPO"\) Arbitration and Mediation Center. WIPO ordered the transfer of the domain name to the client.
• Represent QUALCOMM Incorporated in arbitration involving a breach of contract incidental to the purchase of assets and resulted in obtaining the maximum remedy permitted under the agreement.
• Represent American Megatrends in a misappropriation of trade secrets arbitration.
• Act for one of the largest online game companies in the PRC in an ICC arbitration in Singapore concerning an IT and licensing dispute with Korean parties.
• Represent Maxygen in an arbitration securing an injunction protecting Maxygen's sophisticated "gene shuffling" technology.
• Represent a U.S. technology company in an arbitration under UNCITRAL Rules with an Indian purchaser in a dispute involving technology transfer rights.

International Trade

• Act for an international consortium of civil engineering contractors in the first bid challenge lodged against a public works department of the Hong Kong SAR Government under the WTO Agreement on Government Procurement relating to the $500 million Central Reclamation Phase II project.
• Represent a PRC public company in an ICC arbitration regarding a contract dispute governed by the United Nations Convention on the International Sale of Goods and PRC law.
• Represent a Saudi Arabian company in a sales contract dispute with a Swiss company. The arbitration was conducted under the rules of the Saudi Grievance Commission in Saudi Arabia.
• Represent a North African government entity in sales and trading arbitrations involving multiple breaches of oil sales contracts in several African countries. The arbitrations were conducted under the ICC Rules in Paris.

General Commercial Arbitration, Including Insurance

• Represent major global corporation in an arbitration of a claim for lost profits under a business interruption insurance policy.
• Represent the estate of one of the founders of a major corporation in an ICC arbitration in France.
• Represent a U.S. public company in an UNCITRAL arbitration regarding an Indonesian tax dispute governed by New York law. The arbitration was in Kuala Lumpur.
• Represent the world's largest distributor of luxury goods and services in arbitration and related lawsuit arising out of misrepresentations made by sellers during client's purchase of a cruise line business.

Mediation and Other ADR Processes

• Represent a Japanese contractor in a mediation in China arising out of a Liquid Petroleum Gas (LPG) Storage Terminal. Through an innovative approach towards dispute resolution, all disputes were resolved by a combination of negotiation and mediation.
• Assist the Hong Kong Airport Authority in relation to claims by a Japanese contractor (exceeding $70 million) arising out of delay and disruption to landside infrastructure works at Chek Lap Kok Airport, Hong Kong. All disputes were settled during a four-week mediation.
• Represent a quasi-government body in Hong Kong in a mediation concerning a dispute exceeding $12 million arising out of a construction project.
• Represent the Hong Kong Housing Authority in mediation proceedings commenced by a building contractor claiming delay and disruption costs on a housing development.
• Act for an electricity supplier in relation to two sets of adjudication proceedings. The disputes arose from onshore and marine works for the construction of a gas fired power station.
• Represent a client in a mediation resolving claims of copyright and trademark infringement.

International Dispute Resolution Clause Drafting

• Routinely draft international dispute resolution clauses for all types of engagements and transactions. This includes provisions for expert determination, mediation, arbitration, and litigation.

Enforcement of International Arbitral Awards

• Regularly advise on the enforcement of arbitral awards abroad and in the United States. Bilateral and Multilateral Investment Treaties .
• Advise clients on ways to structure international investments in order to derive maximum protection afforded by bilateral and multilateral investment treaties.
• Advise on arbitration proceedings pertaining to bilateral and multilateral investment treaties.
  

Contacts

Martin Downey
martin.downey@hellerehrman.com
+852 2292 2150

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