International Arbitration

Among Latham's areas of expertise are transnational litigation, international commercial arbitration, investment treaty arbitration, public international law and enforcement of arbitral awards. The firm's lawyers are accustomed to addressing choice of law and jurisdiction, comparative law and cross-cultural issues. 

Latham represents public and private corporations, state-owned enterprises and states themselves in major international arbitrations, mediations and lawsuits all over the world. The firm's lawyers have significant experience in wide-ranging disputes involving: oil and gas, construction, energy and infrastructure projects, concessions, off-take agreements, finance and corporate transactions, joint ventures, shareholder disputes, insolvency, insurance and reinsurance, fraud, accountants’ liability, intellectual property, environmental, distribution, import and export, logistics and transport, and numerous others.  

Institutional Experience

Latham regularly handles proceedings across the world under all of the major international arbitration rules, such as:

• American Arbitration Association (AAA)
• China International Economic and Trade Arbitration Commission (CIETAC)
• Dubai International Arbitration Centre (DIAC)
• German Institution of Arbitration (DIS)
• Hong Kong International Arbitration Center (HKIAC)
• International Centre for Dispute Resolution (ICDR)
• International Centre for Settlement of Investment Disputes (ICSID)
• International Court of Arbitration (ICC)
• London Court of International Arbitration (LCIA)
• Singapore International Arbitration Centre (SIAC)
• United Nations Commission on International Trade Law Arbitration (UNCITRAL)

The above links will direct you to the websites of the major international arbitral institutions. These sites contain current versions of the applicable institutional rules, as well as proposed model arbitration clauses. Latham recommends consulting an arbitration specialist before adopting one of the model clauses to ensure an enforceable and effective arbitration agreement.  

Public International Law

Latham's preeminent Public International Law Practice focuses on foreign investments, expropriations, government concessions, and maritime and boundary disputes. Much of the firm's work involves analysis of the impact of private and public international law on international commercial transactions.

Latham's extensive experience includes: bilateral investment treaties, NAFTA and the Energy Charter Treaty, boundary disputes, pipelines, hydrocarbon concessions, straddling resources and joint development, international trade and sanctions, treaty negotiation and accession, state responsibility, sovereign immunity and sovereign debt.

• Multiple ICC arbitrations under French law and ad hoc arbitration under Swiss law on behalf of a large, privately owned US company against a European company involving contractual breaches and trade secret claims arising out of a chemical manufacturing joint venture in Europe with more than US$1 billion in issue.
• Counsel of the Respondent in an ICSID arbitration involving allegations of expropriation and other claims brought under a bilateral investment treaty and the Energy Charter Treaty related to an electricity distribution agreement with more than €500 million at issue.
• LCIA arbitration relating to the acquisition of a stake in a large mobile telecommunications network in a former Soviet state. Latham is currently engaged in High Court proceedings in England (and related actions in Luxembourg and the Seychelles) relating to the enforcement of the award.
• Counsel of the Respondent in an ICSID arbitration arising under a bilateral investment treaty between Germany and Ukraine involving investments made in a Ukrainian State-owned petrochemicals plant. In an award issued on March 31, 2011, the tribunal rejected all claims against Latham’s client, including almost US$80 million in damages and interest, and ordered investor to reimburse Ukraine all of its costs, including its legal fees.
• LCIA arbitration under English law representing a US-based multinational provider of financial guarantee products and specialized financial services in connection with liability under a financial risk insurance program for an aerospace and defense company. The amount in dispute was more than £290 million.
• Counsel of the Claimant in an ICSID arbitration against the Bolivarian Republic of Venezuela brought pursuant to the Switzerland-Venezuela bilateral investment treaty concerning a breach of the treaty by Venezuela related to a large fertilizer plant in Venezuela.
• ICC arbitration in Geneva on behalf of a European-based, global energy company involving two gas price re-opener disputes arising out of a long-term gas supply agreement.  The value of the dispute was more than €230 million in issue.
• DIAC arbitration between two Middle Eastern financial institutions over an aborted sale and purchase transaction involving the sale of shares in a prominent construction company.
• UNCITRAL arbitration in London arising out of the construction of a US$5 billion refinery and petrochemicals complex in Asia.
• HKIAC arbitration involving a claim for more than US$300 million in connection with the counterparty’s default under a convertible note. Latham represented an affiliated entity of a large private equity firm managing more than US$1 billion.
• ICC arbitration in Singapore on behalf of a multinational energy company involving the validity of a long-term offtake agreement with a Southeast Asian government. The amount in dispute was more than US$1.5 billion.