INTERNATIONAL ARBITRATION

 
Milbank is a leading firm in International Arbitration, representing multinational corporations, financial institutions and governments in substantial arbitrations around the world.  Working closely with other parts of the firm, including our global corporate and project finance group, the international arbitration group has achieved successful results for clients in a broad range of disputes.  Milbank combines the expertise of highly skilled dispute resolution specialists with the strengths of the firm’s premier Project Finance, Telecommunications, Power and Energy, Space, and Transportation practices.  The comprehensive, aggressive, and determined legal representation that Milbank can offer not only is essential to achieving a favorable outcome in arbitration, but also can be critical to achieving a good commercial and political resolution.

Experience with Major Arbitral Forums and Rules

Milbank lawyers act as counsel and arbitrators in international arbitrations under all of the major international arbitration rules and before all major arbitral institutions, including:

• International Chamber of Commerce (ICC)
• International Centre for Settlement of Investment Disputes (ICSID)
• American Arbitration Association (AAA)
• International Centre for Dispute Resolution (ICDR)
• United Nations Commission for International Trade Law (UNCITRAL)

Diverse Commercial Experience

Milbank has extensive arbitration experience in private commercial arbitrations arising out of international transactions.  Arbitration disputes handled by Milbank have involved all major industries, including energy, construction and engineering, intellectual property, manufacturing and commercial distribution, technology and telecommunications, and transportation.  These arbitrations have involved electricity, gas, transportation and mining concessions; joint-venture agreements; satellite and other insurance coverage; construction concessions; and energy distribution, among others.   
 
Milbank’s recent international arbitration representations include representing major natural gas liquefiers owned by European natural gas producers against gas distributors in an UNCITRAL arbitration concerning a long-term natural gas sales agreement.  Milbank also represented the owner of a South American power plant in an ICC arbitration against a construction contractor concerning performance guarantees. 

Milbank has particular expertise in telecommunications-related international arbitrations.  For example, we successfully represented a leading satellite broadcast television company and a principal satellite manufacturer in a significant international arbitration case involving repudiation of coverage for the satellite’s launch and in-orbit operations.  Milbank also is lead counsel to the largest creditor consortium to Global Crossing Ltd., a worldwide voice and data carrier for telecommunications companies around the world, in connection with the Global Crossing U.S. bankruptcy.

Investor-State Arbitration

Milbank’s international arbitration group has a significant and growing presence in the investor-state arbitral market, focusing on investment disputes brought under bilateral and multilateral investment treaties, including the Energy Charter Treaty.  Milbank currently represents a leading European airport developer and operator in investor-state arbitration against the Republic of the Philippines relating to a multi-hundred million dollar infrastructure development project.  We also represent a number of entities in connection with nationalizations in several Latin American countries, including a multi-billion dollar United States hedge fund affected by nationalizations in Venezuela. 

Our other recent engagements in adversarial investor-state disputes include our successful defense of an Indonesian government entity in a U.S. $10.5 billion court case arising out of the alleged deprivation by Indonesian officials and others of the plaintiffs’ rights to drill for oil and gas in the Timor Sea.  Milbank also worked as lead counsel representing the Republic of Mongolia in an investor-state arbitration arising from a contract to refurbish the principal thermal energy station serving the country’s capital city and surrounding areas. 

Milbank regularly advises commercial clients on structuring transactions in order to take full advantage of the features of international investment treaties.  

Experienced Practitioners

Milbank’s New York and Washington, DC offices include arbitration practitioners who have been profiled among the world’s leading international arbitration lawyers.  Milbank’s partners have been listed in the Euromoney Guide, Experts in Commercial Arbitration, Dispute Resolution, the International Who’s Who of Business Lawyers, and Chambers USA among other places.  Milbank’s arbitration practitioners have taught general commercial and investor-state arbitration courses at the law school level, conducted panels and symposiums, and regularly publish in this area.    

Milbank’s growing strength and presence in international commercial arbitration and investor-state dispute resolution includes the following engagements.

• Representation of leading European developer and operator of international airports in ICSID arbitration against the Republic of the Philippines relating to a multi-hundred million dollar infrastructure development project.

• Representation of Asian country in ICSID arbitration arising from a contract to refurbish the principal thermal energy station serving the country’s capital city and surrounding areas.

• Representation of multi-billion dollar US hedge fund in ICSID arbitration arising from Venezuela’s nationalization of the country’s largest telecommunications company.

• Representation of a subsidiary of a major European natural gas producer against a European gas distributor in UNCITRAL arbitration concerning a long-term natural gas sales agreement.

• Successful defense of an Indonesian government entity in a U.S. $10.5 billion court case arising out of the alleged deprivation by Indonesian officials and others of the plaintiffs’ rights to drill for oil and gas in the Timor Sea.

• Representation of major US beer company in UNCITRAL arbitration against controlling shareholders of a major Latin American brewer over computation of the option price for the acquisition of a controlling interest in the Latin American brewer.

• Representation of both leading US satellite manufacturer and major provider of in-home television entertainment services in North America in arbitration against European insurers for wrongful repudiation of coverage for the satellite’s launch and in-orbit operations following change of expected launch vehicle.

• Representation of major provider of in-home television entertainment services in North America in arbitration and mediation against syndicate of insurers for refusal to honor claim for spacecraft’s in-orbit anomaly.

• Representation of owner of South American power plant in ICC arbitration against contractor arising from contractor’s failure to achieve performance guarantees.

• Representation of leading power plant developer in arbitration with its former chief executive involving the performance of power plants in China and Thailand.

• Representation of leading power plant developer in litigation and related arbitration against local joint venture partner arising from disputes as to profitability and planned expansion of power plant in Southern China.

• Representation of biotechnology company in ICC arbitration arising from alleged breach of contract, trade secret infringement and patent misappropriation related to a biotechnology product.

• Representation of privately-held oil shipping concern in arbitration regarding implications of Peruvian oil exploration activities and tax implications of vessel refittings.

• Representation of Asian and US investment funds in potential arbitration against a South Korean corporation and several individuals in a dispute arising out of a $100 million investment in South Korean company.