John V.H. Pierce

Mr. Pierce’s significant experience as counsel includes representing:

International Arbitration

• An international consortium of industrial companies in an ICC arbitration seated in Geneva concerning claims rising under a mine exploitation agreement with a West African state
• A leading global alternative investment manager in a SIAC arbitration, seated in Singapore, concerning claims for over $500 million in a post-M&A dispute
• Affiliates of a major international specialty materials company in three ICDR arbitrations seated in New York concerning claims related to three industrial sites in Germany and the Netherlands*
• A leading Chinese conglomerate in a post-M&A ICC arbitration seated in Hong Kong concerning claims for more than US$1 billion in damages arising from breaches of a share purchase agreement and fraud*
• A leading US industrial company in an UNCITRAL arbitration, seated in Washington, D.C., concerning claims against a Caribbean government entity arising under a long-term gas supply agreement*
• A consortium of Asian and European electronics companies in an ICDR arbitration, seated in New York, involving FRAND-related and other claims arising from royalty rates charged on high-value technology*
• A US transportation company in ICC arbitration sited in Mexico City, with Mexico and New York law applying, against a leading Mexican railroad, with over US$500 million in dispute*
• A European manufacturing company in ICC arbitration seated in London, with English and Japanese law applying, involving claims related to a share purchase agreement with a major Japanese industrial concern, with more than US$3 billion in dispute*
• A US pharmaceutical company in ICC arbitration sited in Paris against a leading French pharmaceutical company, with more than US$500 million in dispute*
• A Latin American airline in an ICDR arbitration, under Brazilian and New York law, seated in Dublin, concerning claims arising under a settlement agreement* 
• A US consumer products company in a post-M&A arbitration, seated in Hong Kong, under the ICC Rules, against leading Chinese confectionery company involving claims of breach of a share purchase agreement*
• A US manufacturer in ICC arbitration sited in Seoul, South Korea, with Korean law applying, involving the sale of automobile parts to a Korean manufacturer*
• A Latin American holding company in an ICDR arbitration seated in New York, with New York law applying, against a Luxembourg-based international hotel and resort operator* 
• An international chemicals company in ICC arbitration sited in Geneva, with Swiss law applying, against a group of related French corporations*
• A leading European telecommunications company in three related arbitrations sited in Vienna under the Vienna Rules, with Polish and Austrian law applying*
• An international capital goods manufacturer in ICC arbitrations sited in New York involving the sale of aircraft equipment to two Latin American airlines*
• An international banking institution in an ICC arbitration sited in Miami, with New York law applying, against a consortium of Latin American investors*
• A Latin American company in ICDR arbitration sited in New York and applying New York law against a Luxembourg-based international hotel operator*

Litigation and Parallel Proceedings

• T-Mobile USA, Inc. in a US$7 billion RICO action brought by Vivendi S.A. in the Western District of Washington, and in the subsequent appeal in the Ninth Circuit Court of Appeals*
• The underwriting syndicate in a securities class action in the Southern District of New York challenging prospectus disclosures in the Refco 144A private placement and IPO of Refco stock*
• A US insurance company in an action brought in the Eastern District of Pennsylvania by a large reinsurance carrier seeking vacatur of an international arbitration award*
• A BVI special purpose vehicle in an action in Washington, D.C. District Court to enforce a CIETAC arbitration award against a Chinese oil and gas company*

*Matter handled prior to joining Latham

Recent Publications

• Global Arbitration Review’s Guide to IP Arbitration (Co-editor), 2d. ed., January 2023
• The International Arbitration Review, 7th ed. (Contributing Editor), 2023
• Predicting the Future: International Arbitration in the Wake of COVID-19, in New York Dispute Resolution Lawyer, a publication of the Dispute Resolution Section, New York State Bar Association, Summer 2020
• US Supreme Court Rejects "Wholly Groundless" Exception to Rule That Arbitrators Must Decide Arbitrability When Contract Delegates That Question to Arbitrators, Client Alert, January 8, 2019
• NY Appellate Division Confirms Narrow Scope of the Manifest Disregard Doctrine, Client Alert, October 23, 2018

Recent Speaking Engagements

• 17th ICC New York Conference, What Needs to Change in Procedural Orders and Timetables?, New York, 28 September 2022
• International Arbitration Skills Master Class, ABA International Section, Roundtable on Making an Impact During a Hearing, New York, 24 March 2022
• GAR Live New York 2021, Are Arbitral Institutions Agents of Change?, New York, 7 October 2021
• FTI Consulting International Arbitration Debating Series, New York, 14 April 2021
• The 8th Annual GAR Live New York, Co-Chair, New York, 2 October 2019
• IBA Annual Conference, Panel on Issues in Post-M&A Arbitration, Seoul, Korean, 25 September 2019
• Centre for Advanced Research in Dispute Resolution: Tour de Arbitration, Paris, France, 2 February 2019
• The 7th Annual GAR Live New York, “The GAR Live Inquisition - This house believes that all awards tainted by corruption should be unenforceable,” New York, 26 September 2018
• Practicing Law Institute: International Arbitration 2017, New York, 5 June 2017
• The 6th Annual GAR Live New York, The Year in Review - Arbitration in the Age of Trump, New York, 12 September 2017
• Dublin International Arbitration Day, Choice of Law – Are There Limits?, Dublin, Ireland, 18 November 2016
• The 5th Annual GAR Live New York, Debate on Impact of Brexit, New York, 13 September 2016
• 10th Latin American Arbitration Conference, Lima, Peru, April 28, 2016
• “Q&A With WilmerHale’s John Pierce,” International Arbitration Law360, 7 April 2016
• The 2015 Duff & Phelps IP Value Summit: IP Disputes in International Arbitration, Half Moon Bay, CA, 3 December 2015
• Restatement of the US Law of International Arbitration Commercial Arbitration: A Bench-Bar Dialogue, New York, 20 October 2015
• The 4th Annual GAR Live New York, Debate on the Length of Arbitrations, New York, 24 September 2015
• Practising Law Institute: International Arbitration 2015, New York, 10 June 2015
• The New York International Arbitration Center: The Grand Central Forum, New York, NY, 16 April 2015
• Columbia Arbitration Day: Mock Argument on Umbrella Clauses in Investment Treaties, Columbia University, New York, 6 March 2015
• The 13th Annual WilmerHale Intellectual Property Conference: Examining the Latest Developments in Intellectual Property Law, Boston, Massachusetts, 21 November 2013
• Institute for Transnational Arbitration’s 2nd Annual ITA Winter Forum, Miami, Florida, 24-25 January 2013
• ICSID/AAA/ICC Joint Colloquium, Debate on the Impact of Dissenting Opinions in International Arbitration, Washington, DC, 2 November 2012
• First Annual GAR Live New York, Debate on the “Americanization” of International Arbitration, New York, 19 September 2012