Jenner & Block

International Arbitration

Representative Arbitrations

  • Representation of a major pharmaceutical company in an ICC arbitration before a three-member tribunal, seated in New York.  In the matter, a licensor sought damages of more than $1.5 billion and a declaratory ruling allowing it to terminate a long-term agreement with our client.  The dispute involved a contract in which our client promised to use “best efforts” to promote a drug developed by the licensor and to use “best efforts” to maximize revenue.  The tribunal issued a final award in favor of our client, awarding the claimant no damages and denying its request for declaratory relief.  
  • Won a $431 million award on behalf of ST Microelectronics N.V. in a FINRA arbitration proceeding against Credit Suisse Securities (USA) LLC—the largest arbitration award in the history of FINRA.  The panel found that Credit Suisse placed hundreds of millions of dollars of ST’s cash into risky unauthorized auction-rate securities, rather than in student-loan securities that ST had instructed the bank to buy.  In addition to compensatory damages, Credit Suisse was ordered to pay attorney’s fees, costs, consequential damages and interest.  We won confirmation of the award in the District Court for the Southern District of New York, and affirmed on appeal before the U.S. Court of Appeals for the Second Circuit.
  • Representation of a foreign subsidiary of a U.S. company in an ICC arbitration before a three-member tribunal in Geneva.  The matter pertains to a dispute with an Asian governmental entity and concerns an attempt to cancel a contract for the sale of a fleet of vehicles and equipment.  The amount in dispute exceeds $150 million.  
  • Representation of a hotel client in an ICDR arbitration in Washington, DC, in a dispute with the owners of a resort in Jamaica.  Despite the arbitration clause in the parties’ agreement, the owners sought injunctive relief in state and federal courts in Georgia as well as Jamaica.  We successfully defended each of those actions, which resulted in court orders requiring the owners to arbitrate the dispute.  Following a two-week arbitration hearing, the arbitral tribunal denied all of the owners’ claims for relief including the owners’ request for damages exceeding $140 million and awarded our client $2.75 million in attorneys’ fees and costs.  The award was confirmed by a U.S. district court.
  • Representation of a U.S. company in defense of an action brought by a former sales agent in the Middle East alleging that sales should have been higher than they were.  The former sales agent seeks damages in excess of $25 million.  The matter is pending before a three-member ICDR tribunal in New York.  
  • Representation of a hotel management company against a U.S. company in an ICC arbitration, before a three-member tribunal.  Following a forcible ouster in the middle of the night, our client was sued by the owners of the hotel for alleged breach of the management agreement.  Parties' claims against each other exceed $150 million.
  • Representation of defense company in an arbitration in Norway with a Norwegian shipbuilder asserting delay claims arising out of the supply of a jet propulsion system for patrol boats produced for the Norwegian Navy.
  • Successfully defended General Dynamics Land Systems in an ICDR arbitration regarding a $300 million contract dispute with an Israeli armor manufacturer involving the “best efforts” provision of the parties’ contract.  After a 12-day hearing, the tribunal found entirely in favor of our client.  The U.S. District Court for the Southern District of New York subsequently denied petitioner’s petition to vacate the award and granted our client’s petition to confirm the award.
  • Represented a Canadian insurance company in litigation and international arbitration hearings against German, French, and New York reinsurance carriers in connection with more than $400 million in claims related to the September 11 terrorist attacks on the World Trade Center.  Each case involved complex contractual relationships among reinsurers and reinsureds at many different levels.  Each of the defendants/respondents sought rescission, claiming fraud, and asserted a large array of other contractual defenses.
  • Successfully represented a partnership that asserted an $861 million claim in an international arbitration in New York for breach of a long-term contract for the transportation of liquefied natural gas from Algeria to the United States.  Our representation included related litigation in Delaware state court and the federal courts in New York and Delaware.  The dispute ultimately was resolved by a settlement that was favorable to our client. 
  • Represented General Dynamics in an ICC arbitration in Geneva, Switzerland concerning a dispute over a contract to build military combat vehicles.  Our client prevailed and was awarded all of its costs and attorneys’ fees.  
  • Successfully obtained recognition and enforcement of an Irish arbitration award on behalf of an Irish architectural firm against an Illinois corporation in a proceeding in the U.S. District Court for the Northern District of Illinois.
  • Successfully obtained a stay of an Ohio state court action for alleged breach of a patent cross license agreement pending arbitration in a DIS proceeding in Germany.  The action was initiated by U.S. companies against our client, a German manufacturer of precision wires.  After our client prevailed in the arbitration, we successfully confirmed the award in federal court in Cincinnati.
  • Represented Lockheed Martin in a successful ICC arbitration against Thomson CSF concerning alleged defects in an anti-aircraft missile.
  • Represented Ticona (formerly Hoechst Celanese Corporation) in the arbitration of an insurance coverage dispute against an offshore insurer. The three-member tribunal, which sat in London and was chaired by a member of England’s House of Lords, awarded our client in excess of $90 million, including policy limits and an award of pre-judgment and post-judgment interest.
  • Conducted confidential arbitrations for Fortune 500 companies against Bermuda insurers, including XL Insurance Company, Ltd., and ACE Insurance Company, Ltd., and domestic (U.S.) arbitrations for Fortune 500 policyholders against general liability insurers.
  • Represented The Peoples Insurance Company of China in efforts to vacate an arbitration award with respect to its reinsurance of a U.S. insurer.
  • Obtained an anti-suit injunction on behalf of a U.S. Fortune 100 corporation to prevent a lawsuit in Germany and to require arbitration of all claims in New York.

Representative Domestic Arbitrations

  • Represented Honeywell in a AAA arbitration in which we obtained an award for our client in excess of $90 million in a dispute concerning pricing under a petrochemical supply agreement. The arbitrator found clear and convincing evidence of the adverse party’s breach of its duty of good faith and fair dealing. After the ruling, the adverse party sought a preliminary injunction in federal court barring the arbitrator from considering whether Honeywell could obtain damages for ongoing overcharges. The U.S. District Court for the Southern District of New York agreed with our client and summarily denied our adversary’s motion.
  • Achieved a significant arbitration victory for Gulfstream Aerospace Corporation obtaining a $24 million award.  The case arose out of a sales agreement between Gulfstream and NetJets, a subsidiary of Berkshire Hathaway, under which NetJets ordered up to 40 Gulfstream aircraft for delivery.
  • Representing Kraft Foods Inc. in an arbitration matter brought by a former consultant to Kraft, claiming that Kraft owes the consultant approximately $40 million for breaching a contract to compensate it for a share of cost savings that Kraft/Mondelez obtained from suppliers of plastic packaging as a result of the consultant's alleged services in assisting Kraft in negotiating more favorable prices from its suppliers.
  • Represented SPX Corporation in a commercial arbitration in which the arbitrator issued an award in favor of our client in the amount of approximately $11 million, and ruled in favor of our client on respondent’s claims for fraud and breach of a patent litigation settlement agreement.
  • Represented Ortho Biotech, a subsidiary of Johnson & Johnson, in an arbitration in which Amgen claimed that our client had breached its license agreement to distribute an anti-anemia prescription drug, erythropoietin or “EPO” (brand name Procrit®), for non-dialysis use in the United States.  Amgen sought termination of Ortho Biotech’s license, the future value of which is estimated to be tens of billions of dollars, and damages exceeding $1.2 billion.  After a lengthy arbitration trial, the arbitrator denied Amgen’s request to terminate the license and rejected almost 90% of its claimed damages.
  • Represented SPX Corporation in a binding “baseball style” arbitration concerning multiple patent infringement claims and claims asserted against our client for alleged breach of contract and conspiracy. The arbitrator rejected our adversary’s claims and awarded our client damages in the amount of $44 million.
  • Handled more than 300 arbitrations involving Lanham Act disputes over advertising on behalf of a major telecommunications corporation.
  • Represented Trustmark Insurance Company against two subsidiaries of AIG in a complex reinsurance dispute in which the arbitrator awarded our client $17.5 million, plus additional declaratory relief.