POWERFUL ADVOCATES

International and Domestic Arbitration

LEADERSHIP: Matthew H. Adler and Andrew K. Fletcher

Our arbitration experience covers the U.S. - and the world.

International Arbitration

As cross-border transactions continue to increase, so does the need to provide clients with effective international dispute resolution advice. In recent years Pepper lawyers have arbitrated, to our clients’ great success, matters in the world’s leading arbitration institutions and also have won significant ad hoc (non-institutional) cases. Our lawyers understand international arbitration, from the drafting of the arbitration clause through the composition of a tribunal, the briefing and submission of evidence, and the enforcement of any award. They know how to synthesize, where necessary, international arbitration procedures with companion steps in national courts. And most of all, they understand the cross-cultural differences that can signal the difference between victory and defeat for our clients in these arenas. Pepper lawyers have deep ties to counsel in virtually every leading commercial jurisdiction and frequently are able to advise on and resolve those disputes short of formal procedures – but where a formal dispute becomes necessary, Pepper lawyers stand ready and experienced to vindicate our clients’ interests.

Representative international arbitration engagements include:

  • currently representing a consumer products company in an International Chamber of Commerce (ICC) arbitration relating to a breach of contract claim and counterclaim
  • liability award in client’s favor in the first major case to be heard by the New Delhi branch of the London Court of International Arbitration (LCIA-I) concerning a real estate joint venture in India
  • represented an Italian biotech company in licensing and contract disputes with U.S. licensees (California and Pennsylvania courts, and Geneva (ICC) arbitration)
  • represented one of the country’s largest producers, distributors and marketers of premium quality, branded food products for the U.S. retail market in an ICC arbitration relating to tax and accounting obligations in connection with a sale of a business in Ecuador
  • represented the U.S. subsidiary of an Italian chemical manufacturer in an ICC arbitration between an Italian-owned supplier and French-owned buyer of chlorine anodes
  • represented a company in four Singapore-based LCIA arbitrations relating to four premium Indian real estate projects and involving alleged breaches of investors’ rights under investment agreements
  • represented an investment company in British Virgin Islands arbitration pertaining to the proposed sale of assets
  • represented the executive of a supply company in defense against a refining company seeking to recover on advances paid to our client in connection with a series of metal tolling agreements in an arbitration before the London Court of International Arbitration (LCIA)
  • represented our client on an issue of first impression for the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID) against the Jordanian government
  • represented a U.S. railcar manufacturer in an ad hoc arbitration located in London under the Indian Arbitration and Conciliation Act (and in related English and Indian court proceedings to enforce the parties’ arbitration agreement), arising out of the dissolution of a joint venture with an Indian railcar manufacturer
  • represented a group of U.S. professional firms before the London Court of International Arbitration (LCIA), against a former Soviet Republic over privatization fees
  • represented an Israeli national asserting rights pursuant to a Bilateral Investment Treaty before the International Centre for the Settlement of Investment Disputes (ICSID)
  • represented a U.S. specialty machine manufacturer before the China International Economic and Trade Arbitration Commission (CIETAC)
  • representation of shareholders of several foreign-based companies in shareholders and fiduciary duty disputes before the Singapore International Arbitration Centre (SIAC)
  • represented a U.S. buyer of uranium against the Russian government’s selling arm before the Stockholm Chamber of Commerce, in which our client won a liability award involving issues of state responsibility, force majeure, and a U.S.-Russian nuclear treaty
  • represented a Congo-based consortium for losses in insurrection before against the United States government’s Overseas Private Investment Corporation (OPIC)
  • represented a U.S. gear manufacturer in a Singapore-based international arbitration proceeding charging breach of contract arising from delivery of a jacking system for a self-elevating oil drilling rig.

Domestic Arbitration Experience

In the United States, arbitration is one of the most popular forms of alternative dispute resolution. Pepper’s Arbitration Group has extensive experience arbitrating various types of disputes involving many different industries.

Representative domestic arbitration matters include:

  • represented a cable service provider in $95 million patent settlement dispute in which arbitration clause required arbitration to be completed in 60 days with no discovery, and obtained favorable settlement (AAA, 2013, New York, NY)
  • represented medical device manufacturer in multiple arbitrations relating to breach of contract disputes leading to favorable settlement (AAA, 2013, Philadelphia, PA)
  • represented a mortgage bank against breach of contract claims by a contract partner and branch manager (JAMS, 2012, Philadelphia, PA)
  • obtained emergency interim relief for a medical device manufacturer against a distributor in an arbitration under the American Arbitration Association’s Optional Rules for Emergency Measures for Protection (2011, Dallas, Texas)
  • obtained a pre-discovery dismissal for a manufacturer of firefighting equipment defending against claims brought by one its distributors for alleged violations of federal and state antitrust laws (AAA, 2011, Charlotte, N.C.)
  • obtained a pre-discovery summary award for a leading baked goods and coffee chain franchisor defending against breach of contract and wrongful termination claims brought by a putative franchisee (AAA, 2011, Philadelphia, PA)
  • defended dialysis provider against breach of contract and tort claims brought by a doctor (ad hoc, 2010, Albuquerque, NM)
  • prosecuted breach of exclusive supplier contract claim on behalf of bottle manufacturer against raw materials supplier (AAA, 2009, Philadelphia, PA)
  • defended a corporation against breach of contract claims arising from a Stock Purchase Agreement (AAA, 2009, Washington, D.C.)
  • defended a pharmaceutical group purchasing organization against a breach of contract claim by a pharmaceutical manufacturer (AAA, 2008, NJ)
  • compelled arbitration of a wrongful death claim based on an arbitration clause in a consumer contract, and defended the claim in the arbitration (National Arbitration Forum, 2005, PA)