Funds Talk: August 2015
Kramer Levin Wins First Circuit Appeal Declaring Puerto Rico’s Restructuring Act Unconstitutional
Our International Dispute Resolution group regularly handles disputes that arise from international corporate transactions and represent a number of major manufacturers and financial institutions based in France, Switzerland, England, Germany, Israel and Japan, both in court proceedings and before international arbitral tribunals. The firm's international litigation practice relies on the expertise of its partners in New York and in Paris, and includes our active litigation practice before courts at all levels in France and some other jurisdictions.
Our extensive international arbitration experience includes, for example, representing a party in an LCIA arbitration under English law growing out of a complex series of compensation and option agreements; representing a engineering/structural works company in an international arbitration under English law on a dispute arising out of work for the site preparation (dredging) of a liquefied natural gas plant; representing six clients in a series of 27 ad hoc international arbitrations in France, conducted under French law, involving certain insurance and reinsurance matters, and related court and appellate litigation; representing an international organization in an ad hoc international arbitration or a dispute arising out of an aircraft accident; representing a major French multi-national company in an ICC arbitration relating to undersea equipment; service as sole arbitrator in an ICC arbitration involving accounting issues under a management contract for a major foreign investment; winning an award for a subsidiary of Procter & Gamble from an ICC arbitration panel in Paris based on a breach of warranty claim arising from an acquisition agreement; representing the U.S. subsidiary of Daiwa Securities in litigation relating to its underwriting of a China-based telecommunications company. Arbitration-related court work includes actions before appellate courts asked to set aside awards, and our successful defense on appeal of the dismissal of market manipulation securities fraud claims against the Citco Group Limited.
Our international experience also includes substantial background litigating act of state and foreign sovereign immunity issues. We defended the nationalized commercial banks of Iran in connection with claims filed following the United States' freeze on Iranian assets and the subsequent transfer of U.S. claims to an arbitral tribunal in The Hague. In a significant trial, we successfully defended a foreign uranium mining company against antitrust claims that presented issues as to when cartel behavior may be immune from domestic antitrust regulation where the cartel results from foreign sovereign compulsion.
We also deal frequently with issues posed by United Kingdom Mareva orders that purport to place worldwide restrictions on a defendant's transfer and use of assets. We have significant experience, as well, in enforcing U.S. judgments against recalcitrant foreign debtors. For example, we recently recovered for an investment banking firm a multi-million dollar transaction fee that had been withheld by South American entities. In this action we convinced an American federal court to restrain overseas assets of the foreign adversary. For an American developer of telecommunications systems, we successfully sued our client's exclusive Brazilian distributor. The proceedings included an arbitration and actions in both an American state court and the local courts of Brazil. As a key element in our success, we persuaded the American state court to enjoin our adversary from pursuing its foreign litigation.
Our lawyers serve as party and neutral arbitrators in major foreign arbitrations conducted before the ICC, AAA International Center and other national and international arbitral organizations.