Domestic & International Arbitration
Because so many commercial contracts require arbitration and because business is global, arbitration instead of litigation to resolve disputes is more common than ever.
Shipley Snell attorneys have represented both claimants and respondents in a wide variety of domestic and international arbitrations, including matters before the American Arbitration Association (AAA), the National Association of Securities Dealers (now FINRA), the International Chamber of Commerce (ICC) International Court of Arbitration, the International Centre for Dispute Resolution (ICDR), and in ad hoc proceedings and proceedings with various other organizations such as the International Institute for Conflict Prevention and Resolution (CPR), JAMS, and London Court of International Arbitration (LCIA).
As a result, we have a deep understanding of the unique nature of arbitration. In the U.S., Canada, and around the world, including Central America, Europe, and the Caribbean, our clients seek representation related to a wide range of industries.
An Alternative Process
Arbitration comes in many forms and may take place in a variety of venues. Each type of arbitration and venue comes with its own set of rules. Understanding these rules and procedures is critical to success. Shipley Snell attorneys pay close attention to the changes and developments that take place in arbitral forums, including implementation of new techniques like binding mediation, emergency or interim measures, Early Case Assessments (ECAs) and the use of Dispute Resolution Boards (DRBs). In addition, there are numerous new important arbitration institutions around the world which have emerged, and are increasingly being utilized, each with its own set of rules.
Institutions and Forums With Unique Rules
Institutional arbitration, perhaps the most common, is administered by one of the many specialized arbitration tribunals under their own arbitration rules. For example, in the U.S., there is the American Arbitration Association (AAA) and various other organizations such as CPR and JAMS. International arbitration forums include the International Centre for Dispute Resolution, the London Court of International Arbitration (LCIA), JAMS International (London-based), the International Chamber of Commerce (ICC) in Paris, Singapore International Arbitration Centre (SIAC), The Arbitration Center of Mexico (CAM) and the Dubai International Arbitration Centre (DIAC), among others. Specialized arbitration forums include The Financial Industry Regulatory Authority (FINRA) for arbitrations in the financial industry and the National Academy of Arbitrators (NAA) for labor & employment disputes. For international investment disputes, there is the International Centre for Settlement of Investment Disputes (ICSID).
Our recent arbitration representations include:
· Represented global petrochemical company in ad hoc arbitration, negotiations, and ultimate workout/restructuring concerning long-term loan financing, insolvency, technology, indemnification and operational issues regarding a three-party partnership in a world scale petrochemical processing facility.
· Represented an international petrochemical company in AAA arbitration relating to a 50-year joint venture dispute involving accounting, non-competition, technology licensing, and logistics agreement issues; successful defense of damage claims, which exceeded $200 million in alleged actual damages, and successful recovery of approximately $120 million in counterclaims and declaratory relief.
· Represented two energy company joint-venture partners before the ICC International Court of Arbitration against claims for additional costs in connection with the construction of a delayed coker unit at a refinery.
· Represented a Finnish contractor in an ICC arbitration over the construction of a power plant in Guatemala where the plant owner withheld payments, and sought additional damages, based on alleged incomplete and defective work by the contractor. Through arbitration, and subsequent confirmation in the United States District Court and Fifth Circuit Court of Appeals, Shipley Snell’s client recovered an award in excess of $16 million.
· Represented a former executive in an AAA arbitration on breach of contract claims against a national industrial gas distribution company, and defense of counterclaims for tortious interference, misappropriation of trade secrets, and breach of non-competition agreement.
· Coordinated numerous ICDR baseball arbitrations for a world-scale refinery related to multimillion dollar construction projects.
· Asserted claims for a developer of Texas coastal lands against an exploration and production company.
· Resolved multiple NASD (now FINRA) arbitrations for a leading financial services firm.