Representative Engagements in International Commercial Arbitration

Sidley’s current international commercial arbitration engagements include:

• Representing the developer of a biofuels and power project in an ICC commercial arbitration with its primary construction contractor.
• Representing an oil and gas company engaged in a dispute before the LCIA arising out of a failed project to construct a gas-to-liquids plant for the processing of natural gas, where an award of damages for alleged breaches of various alleged implied contractual terms and fiduciary duties are sought. The claims are worth approximately US$250 million.
• Counsel for Korean client in a pending international arbitration conducted under the aegis of the International Chamber of Commerce involving contract and business tort claims in the solar energy industry in excess of US$150 million.
• Representing a business conglomerate in an ICC arbitration in relation to a marine drilling contract governing a deepwater project in the Gulf of Mexico.
• Acting for a state-owned entity based in Mongolia that is a defendant in a multi-party dispute relating to a complex trade finance facility. The claim represents sums allegedly due in respect of fuel delivered under supply agreements worth hundreds of millions of dollars.
• Currently advising the majority shareholder of a Jersey joint venture company in respect of a series of shareholder, board-level and operational disputes in relation to the company’s ultimate assets, being two ore extraction sites located in Central Asia together with appropriate licenses and permissions. The disputes involve both the conduct of the mining, extraction and exploration activities themselves, as well as certain debt financing and equity allotment issues throughout the holding company structure. The Shareholders’ Agreement governing the company contains an arbitration clause providing for arbitration in London under LCIA Rules.
• Acting for one of the founders of a leading minor metals dealing business in a dispute with his co-venturer who sought to exclude our client from the business and expropriate his interests in it. The matter, pursued for four years, became the subject of arbitration proceedings in Geneva, a two week trial in the High Court in London and a three week trial in the Bahamas. This matter involved the unraveling of an international trust structure and complicated questions of Swiss, English, Liechtenstein and Delaware law. Allegations of fraud were made by both parties.
• Successfully acted for an Eastern European heavy engineering company as Claimant (ICC, English substantive law, London seat) in respect of claims for damages for breach of a
  long-term supply contract for ship engine parts. The proceedings resulted in a multi-million dollar award of damages in favour of the Claimant.
• Representing a Swiss and a Dutch affiliate of a major multinational in connection with a potential Swiss Rules arbitration concerning the design for a data recovery center and providing advice with regard to a parallel cross-border litigation on the African continent.
• Representing three Japanese private equity funds in a multi-million dollar arbitration against a P.R.C. businessman arising from the exercise of a put option a Share Purchase Agreement; and successfully applying to stay a Hong Kong court litigation commenced by the P.R.C. businessman against the private equity funds.
• Representing a global healthcare company in an ICC arbitration with seat in London concerning a License and Distribution Agreement cardiovascular testing services and related services in Europe and Russia.
• Representing a large U.S. pharmaceutical company in an ad hoc arbitration with seat in Washington, involving a dispute over a supply contract. The case also involves regulatory issues, including the delivery of unapproved drugs.
• Advising a U.S. medical device company in its dispute with a P.R.C. distributor, including a potential ICC arbitration in London and multi-jurisdictional litigation. 
• Successfully representing a Korea-based multinational company in an ICC arbitration arising out of a long-term supply agreement, in which the tribunal awarded the client approximately US$15 million in damages and interest, and more than US$3.5 million in attorney’s fees and arbitration costs. The tribunal also rejected Respondent’s counterclaim for millions of dollars in losses.
• Representing a private equity fund in an ICC arbitration against a former subsidiary regarding the allocation of an award issued against them both in an earlier arbitration. 
• Representing a world leader in the semiconductor manufacturing sector in an ICC arbitration against a U.S. joint venture partner in a dispute relating to the ownership of IP rights to a potentially revolutionary method for the manufacture of semiconductor components. The subject contracts are governed by Swiss law with the hearing to be held in London. The dispute has also involved applications to the U.S. District Court for the Eastern Division of Missouri for interim relief.
• Acting for the world’s largest aluminum producer in an ICC arbitration filed in Zürich under the Swiss Rules in June 2007 against an aluminum smelter in Tajikistan. The claims and counterclaims involve a complex set of barter agreements spanning more than two decades with an amount at stake in excess of US$1 billion. The arbitration involves a contract governed by Swiss law, and allegations of fraud, breach of trust, and forgery.
• Successfully represented a CIS aluminium company in a complex and high-value arbitration filed in Zürich under the Swiss Rules against one of the largest and most important state-owned enterprises in Central Asia, securing a US$275 million Final Award. The Tribunal rejected entirely the corruption allegations made in defence of the claim and rejected a counterclaim of approximately US$800 million, inclusive of interest. This recent win has been widely reported in the press.
• Acting for a U.S. manufacturer in a dispute with a Russian company arising from non-payment under a supply contract for highly specialized machine parts. The arbitration is proceeding under the UNCITRAL rules and is being heard in London.
• Acting for a major international steel producer in an arbitration under the London Maritime Arbitrators Association rules with a Swiss based metals broker over various issues arising from shipments of steel to the Philippines.
• Acting on behalf of a French based sports governing body to defend arbitration proceedings brought by an Italian manufacturer before the ICC International Court of Arbitration.
• Acting for a U.S. municipal risk pool in a multi-million dollar arbitration under the Bermuda International Conciliation and Arbitration Act 1993 (which incorporates the provisions of the UNCITRAL Model Law) in Bermuda against its Bermudian based reinsurance carrier. The arbitration involves argument on complex insurance and reinsurance issues arising under American state and federal law, English law and Bermudian law.
• Acting for a London based investment manager in respect of a Cayman Islands investment fund in a dispute before the LCIA with a Cypriot hedge fund concerning a breach of a shareholder’s agreement. This instruction also involved the successful application to the English court for a worldwide freezing injunction against the Respondent in order to ensure that the Respondent’s assets were not dissipated, which would have potentially defeated the purpose of the client’s arbitration proceeding.
• Representing a U.S. investment fund manager in respect of various claims brought before the LCIA by several of its Delaware and Ireland incorporated funds against a Russian aircraft leasing company following investment by the funds in credit-linked notes relating to the Russian entity.
• Acting for a Malaysian car manufacturer in the enforcement of a SIAC award in Guangdong, P.R.C. against a P.R.C. joint venture partner in a dispute relating to the establishment of a car manufacturing facility in the P.R.C.
• Acting for one of the largest Korean banks in an ICC arbitration against an automobile manufacturer arising out of a shareholder rights and other subsidiary agreements. Amounts at issue are in the nine-figure range.
• Acting for a listed P.R.C. company in an international arbitration in Singapore under ICC Rules to defend it against major, reputation-threatening claims by a European conglomerate, in relation to alleged breaches of a license agreement for the licensing of clean technology. The amount claimed was over US$300 million. The P.R.C. respondent counterclaimed for, inter alia, the claimant’s failure to grant valid patent rights to it.
• Acting for a Canadian multinational company in an arbitration in the SIAC against a Chinese state-owned company in respect of disputes relating to a joint venture formed under Chinese law for the establishment of a US$200 million copper manufacturing plant.
• Acting for a large Korean conglomerate in connection with an alleged breach of an engineering, procurement and construction (EPC) agreement.
• Representing Scheme Administrators of a significant English insurer in an ad hoc arbitration against a German reinsurer for the recovery of outstanding reinsurance recoverables. Advising generally on the use of arbitration proceedings to protect reinsurance assets potentially vulnerable to limitation defenses and as a mechanism to support commercial negotiations.
• Representing one of the largest Korean biotechnology companies against a Swiss pharmaceutical company in a potential ICC arbitration.
• Acting for a Korean electronics manufacturer to seek recovery of significant disputed debt due from a P.R.C. customer in an ad hoc Hong Kong arbitration.
• Acting for a fund to enforce a multi-million U.S. dollar arbitration award against an African sovereign state to include obtaining and retaining Mareva-type (i.e., asset freezing) and other injunctive relief, Norwich Pharmacal disclosure (i.e., the ability in certain circumstances to obtain documents from third parties), and resisting an application to dismiss based on an assertion of sovereign immunity.
• Acting in a commodities dispute for a Hong Kong-based metals trader whose Indian seller failed to deliver goods in accordance with the contract. The seller initially sought and obtained an ex parte order in the Indian courts restraining clients from pursuing the arbitration, to which the arbitrator responded sua sponte with an anti-suit injunction restraining the Indian proceedings. The Indian proceedings were eventually dismissed, and the matter is now proceeding, on a papers-only basis, to a resolution on the merits.
• Acting for a Taiwan-based respondent in an ICC arbitration to contest a multi-million dollar claim under a loan agreement, including successfully resisting insolvency proceedings in the BVI Court of Appeal. The BVI proceedings are now heading to the Privy Council in London.
• Acting for the Cayman subsidiary of a listed P.R.C. company in an international arbitration in Singapore with a group of defendants in relation to the sale of mining operations in South Africa.
• Acting for a large conglomerate in connection with an ICC arbitration arising out of the termination of a joint research & development, license and supply agreement.
• Acting for a Korean conglomerate in an AAA arbitration. The U.S. based company, which is a licensor of certain technology, claims that the Korean conglomerate misappropriated its trade secret by reverse-engineering its core technology beyond the scope of the license. The U.S. company seeks US$20 million in compensatory damages plus unspecified punitive damages.
• Acting for three P.R.C. parties in a US$85 million international arbitration under the UNCITRAL Rules administered by the HKIAC in Hong Kong against a U.S. company and a BVI company in relation to a complex web of investment-related agreements.

Similarly, in some of our recent engagements we have:

• Provided advice and representation to a petroleum company in Colombia with respect to a dispute involving its investment in an ethanol plant in the United States.
• Successfully represented a Taiwan manufacturer of memory products in a dispute related to the dissolution of a now terminated joint venture and related cross-border insolvency proceedings, involving a multi-billion DRAM fabrication facility in Taiwan, with proceedings currently pending in Germany and the United States.
• Represented a Middle-Eastern distributor in an ICC arbitration in Geneva against a multinational beverage manufacturer. The arbitration relates to the termination of a seven-year distribution agreement for the territory of Saudi Arabia, with amounts in controversy totaling nearly US$20 million. The case was settled in favorable terms as a result of a novel mediation process with the arbitral panel conducted.
• Successfully represented an African minerals company in an ICC arbitration in Geneva against a multinational minerals trading company and in setting-aside proceedings before the Swiss Federal Supreme Court initiated by the counterparty who challenged the arbitral award. The dispute relates to the termination of an off-take agreement against the backdrop of the UN sanctions regime prohibiting support of armed groups in the Congo. The merits hearing was held over four days in Lausanne, and involved testimony from former members of the UN Group of Experts as well as five mining experts. Full damages were awarded to our client.
• Represented a Taiwan tool manufacturer in an arbitration against an Italian firm under the Swiss Rules, in connection with a long-term supply contract. US$4 million was involved in the dispute which was settled on favorable terms.
• Represented a Middle-Eastern company in a DIAC arbitration against a Middle-Eastern state-controlled entity relating to the development of a healthcare facility. The arbitration was seated in Dubai and subject to the laws of the United Arab Emirates. The dispute was settled on terms favorable to our client.
• Successfully represented a Bermudian reinsurer set up by a leading global bank in defending a claim for approximately US$14,550,000 brought by a Swiss reinsured under Industry Loss Warranty reinsurance product relating to the electricity generating industry. Our client prevailed on the basis, among others, that the alleged loss did not constitute an Onshore Energy Event under the terms of the policy.
• Successfully enforced arbitral awards against a Yemeni company in U.S. court on behalf of a Swiss entity. Combined damages exceed US$100 million.
• Prevailed in an ICC arbitration in Zürich on behalf of a major U.S. pharmaceutical manufacturer. The arbitration, which related to a licensing dispute, was filed by a Swiss inventor with amounts in dispute exceeding US$110 million. The manufacturer was awarded attorney’s fees and costs. The arbitration spawned a related U.S. case, which was dismissed following the favorable outcome in the arbitration.
• Acted for a major P.R.C. property developer (listed in Hong Kong) in an UNCITRAL arbitration in Hong Kong against a U.S. investment fund in a dispute concerning a joint venture property development project in China. The amount in dispute was in excess of US$160 million. The matter was mediated to settlement on favorable terms for Sidley’s client.
• Acted for two P.R.C. companies in an HKIAC arbitration under UNCITRAL Rules. The claimants are U.S.-based and Cayman-based private equity funds. The dispute centers on five contracts entered between the parties that provide for the claimants to invest in one of the P.R.C. companies. The P.R.C. respondents are counterclaiming for illegalities on the part of the claimants.
• Provided advice and representation to a petroleum company in Colombia with respect to a dispute involving its investment in an ethanol plant in the United States.
• Acted for a Vietnam-based fund manager, a Canadian “junior mining” company and a Vietnamese company against one of the largest lighting companies in the world in an ICC arbitration. Sidley successfully represented the three respondents in this complex international commercial arbitration involving long-term supply contracts valued at US$1.2 billion. The tribunal issued an award finding our clients’ conduct proper, rejecting all of the claimant’s claims, and awarding our clients a total of US$3.1 million in legal fees and arbitration costs. The tribunal subsequently denied the claimant’s request to modify the award.
• Represented a Bulgarian steel company and its parent company in an ICC arbitration in London regarding a breach of a coal supply agreement by a U.S. coal supplier.
• Acted as lead counsel for the claimant in ad hoc arbitration proceedings, conducted under the CPR Rules for Non-Administered Cases, against one of the largest medical device companies in the world. Sidley obtained an award in favor of our client of over US$80 million in damages and loan forgiveness.
• Prevailed in an international arbitration heard by a “blue ribbon” panel, including the former President of the International Law Committee of the American Bar Association, involving a dispute over an international licensing agreement between one of the largest general construction contractors in Asia and a Belgian chemical company.
• Represented a P.R.C.-incorporated group of do-it-yourself (DIY) chain stores to contest the enforcement of an arbitration award obtained a claim by a French DIY chain store arising out of a failed joint-venture agreement. The ICC arbitration was conducted according to Chinese law, in Lausanne, Switzerland, with proceedings in English. Enforcement under the New York Convention was successfully resisted in a number of jurisdictions, including the Supreme People’s Court in Beijing.
• Represented a Hong Kong-listed company in arbitration proceedings against its French and Californian co-production partners in a dispute arising out of a co-production agreement for the production and distribution of an animated television series.
• Represented a multinational steel conglomerate in international contractual arbitrations (ICC and ad hoc) and possible investment treaty arbitrations arising out of disputes in, inter alia, Nigeria and Armenia.
• Acted on behalf of a European crop sciences company in an ICC arbitration successfully challenging non-competition clauses in a share purchase agreement and in various ancillary agreements under the EC competition rules.
• Represented a Mexican conglomerate and owner of the largest chain of hotels and hospitals in Mexico, in an arbitration before the AAA against an American hotel chain over the management of two of our client’s hotels. The matter was settled on favorable terms.
• Represented a major chemical manufacturer, a subsidiary of one of the largest conglomerates in Korea, in an arbitration hearing in Cleveland, Ohio that was administered under the International Arbitration Rules of the AAA.
• Represented plaintiffs in an arbitration dispute before the AAA, in connection with an alleged breach of contract by a co-member of a joint venture engaged in the exploration and exploitation of oil in Colombia.
• Represented the United States, Germany and Italy in an international arbitration concerning a challenge by an international consortium headed by Raytheon to the nations’ awards of a multibillion-dollar contract for a mobile missile system to replace the venerable PATRIOT missile system.
• Acted for a Hong Kong-listed company in arbitration proceedings against a major international computer manufacturer in a dispute arising out of the development of a joint venture software manufacturing facility in the Shanghai Waigaoqiao Free Trade Zone, with an amount in dispute in excess of US$54 million. The seat of the arbitration was Hong Kong and the applicable law of the joint venture contract was P.R.C. law. The client was successful in the arbitration. The award on liability was successfully enforced and the award on costs was complied with.
• Represented two subsidiaries of a significant Korean conglomerate in an arbitration proceeding heard in Los Angeles before a prominent retired judge of the California Superior Court.
• Successfully petitioned under a Japan-American Trade Arbitration Agreement to compel arbitration before the JCAA in a dispute over an international joint venture for the production of hydraulic hoses, which the opposition had tried to pursue in litigation in a state court in Kentucky.
• Acted for a Taiwanese conglomerate in the defense of a US$40 million claim arising under a loan agreement governed by New York law.
• Representing a Korean multinational corporation in an arbitration with a mining company.
• Representing a Korean company against a Philippines company in an ICC arbitration arising out of a joint venture agreement in which the claim and the counterclaim are in excess of US$100 million.
• Successfully initiated and settled proceedings (LCIA, London seat) on behalf of a Claimant under a joint venture arrangement for the provision of tourism and travel services in Russia and the former CIS. The settlement resulted in the compelled funding of the joint venture vehicle by the Defendant of a seven-figure USD sum.