International Arbitration and Dispute Resolution Practice

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1 International Arbitration and Dispute Resolution Practice

2 Who We Are Baker Botts has one of the world s leading teams of dedicated international arbitration lawyers. Our diverse team combines a global pedigree with excellence in advocacy, working across all of our offices to provide round-the-clock service with round-the-world experience. Highly Credentialed Lawyers with Global Experience We are a multinational team, with international arbitration lawyers from North and South America, Europe, Asia and the Middle East. Our lawyers have been trained in the civil law, the common law and public international law. Members of the team have been employed by or worked with key arbitral institutes. Because we sit as arbitrators as well as serve as counsel and advocates, we understand the decision-making process. Client Advocates Our extensive experience in the hearing room gives us the insight to understand what is important to motivate quality results. That gives us the confidence to separate what actually matters the big picture from the rest. This means we can work effectively and efficiently for our clients. It also means our clients have instant credibility with the arbitrators who will decide their cases and with the adversaries that must evaluate their litigation risks. They do great arbitration work Chambers Global 2012 particularly noted for its terrific international arbitration practice Chambers Europe 2012 excellent support in relation to the client s business considerations Chambers UK 2012 among the best internationally Legal 500 USA 2010 Strategic Advisors International disputes are often complex, with multiple applicable laws, different languages and factual twists and turns influenced by cultural differences. We look for strategic opportunity in these complexities. As a testament to our ability, our lawyers are frequently engaged to save a case that appears to have already been lost. Our clients also look to us to solve their most serious disputes, with many of our cases involving claims for hundreds of millions and often billions of U.S. dollars. International Arbitration and Dispute Resolution Practice 3

3 What We Do The thoroughly impressive arbitration team at Baker Botts serves up an expert offering on both the commercial and investment treaty fronts Chambers UK 2013 The group is equally expert in undertaking both investment treaty and commercial arbitrations Chambers USA 2013 International Commercial Arbitration International commercial arbitration provides parties from different legal, national and cultural backgrounds with neutral ground, flexible procedures and independent decision makers to solve their disagreements, often confidentially. When fast track procedures are used, a final and internationally enforceable decision can be obtained in months. Our commercial arbitration practice finds us representing claimants and respondents in many industries, including energy, petrochemicals, telecommunications and technology, construction, pharmaceuticals, finance, insurance and manufacturing. Our cases are seated and our clients are found throughout the world. The proceedings are conducted under the rules of all of the major arbitration bodies, as well as by ad hoc arbitral tribunals. These disputes arise under the civil law, common law, Shari a and lex mercatoria, with recent examples including the laws of Belgium, Brazil, China, the Czech Republic, Ecuador, England, France, Germany, India, Indonesia, Iran, Korea, the Netherlands, Poland, Russia, Switzerland, Trinidad and Tobago, the United States and Yemen. Investor State Disputes Thousands of bilateral and multilateral investment treaties, including many recent free trade agreements, give those doing business outside their home country important substantive rights vis-à-vis the States hosting their investments. Frequently, the foreign investor will be entitled to enforce those rights through international arbitration against the host State. Our investor State dispute practice finds us representing investors and States in disputes regarding the alleged mistreatment of investments. These disputes raise issues such as expropriation, fair and equitable treatment, most favored nation treatment, and the adequacy of the protection and security provided by the host State. The amounts in dispute range from the millions to over US$ 100 billion. These disputes present often intricate questions of public international law, including issues of treaty interpretation. When they cannot be resolved amicably, they are brought before the ICSID, the PCA in The Hague and other arbitration bodies. Other Public International Law Matters Recognizing the formidable combination of our arbitration lawyers forensic skills and legal training, our clients ask us to advise on other issues of public international law, typically in the context of cross-border projects involving natural resources. Our public international law practice finds us advising on claims under the European Convention of Human Rights, disputes involving the application of the Kyoto Protocol to the UN Framework Convention on Climate Change, the rules and principles concerning dealings with the effective government of a State, the customary rules of the Law of the Sea and the effects of termination of and withdrawal from international treaties. Multi Jurisdictional Litigation Frequently, our clients face multiple, related legal proceedings in different jurisdictions. In these situations, coordination and consistency of strategy are essential and so is the expertise to understand and manage the complex procedural issues that arise from the multiple, potentially different laws and rules that may apply. Our multi-jurisdictional litigation practice finds us pursuing or defending a wide variety of parallel legal proceedings, including arbitrations, national court lawsuits and international court proceedings. Because our team includes lawyers trained in the common law, the civil law and public international law, we are adept at developing and effecting a consistent, commercially sensible strategy that works multi-jurisdictionally. We then implement that strategy, selecting local counsel where needed from our network of trusted colleagues around the world. The team is praised as highly professional and competent, client friendly, hardworking and very proficient, with the political sophistication to work with officials in other countries Legal 500 US 2012 Baker Botts level of service is excellent Legal International Arbitration and Dispute Resolution Practice International Arbitration and Dispute Resolution Practice 5

4 A Few Examples of Our Work Cypriot Financial Entity v. Russian Oil Company We obtained an award invalidating a US$1.6 billion English-law bank guarantee in an LCIA arbitration. The dispute required coordination with a parallel court action initiated by one of the parties shareholders. French/Saudi Arabian Joint Venture v. U.S. Power Generator We obtained an award of damages for breach of a long-term, take or pay, steam supply co-generation agreement in an AAA arbitration. The arbitration was conducted on a fast track basis, and completed within five months of initiation. Caribbean/Swiss JV Partner v. Caribbean/American JV Partner We obtained an award dismissing all claims of breach of fiduciary duty, shareholder oppression and breach of shareholder agreement in an ICC arbitration. Shipyard Enterprise v. South American State We obtained an award dismissing claims for consequential, lost profits and moral damages under a procurement contract in an IACAC arbitration. The proceeding was conducted entirely in Spanish. Russian Property Owner v. Italian Construction Company We obtained a favorable settlement of construction claims in an ICC arbitration. The arbitration raised issues regarding critical path analysis, licensing and design issues, and conflicting insurance rights. Canadian Telecoms Provider v. Telecoms Vendor We obtained an award terminating an equipment and networking services contract for a transcontinental network, and rejecting all but several million of a US$3.5 billion damages claim, in an ICDR arbitration. We then defeated attempts to annul the final award. U.S. Entertainment Company v. Spanish Company We obtained an award of all claimed damages for an improper termination of a sponsorship agreement. The arbitration was fast-tracked and concluded in four months. Province of Federal State v. International Mining Consortium We obtained an award dismissing the Province s claim to an interest in a coal mining operation in an ICSID arbitration. Our successful jurisdictional challenge avoided the costs and delay of a full merits hearing. U.S. Electric Generating Company v. South American State We obtained an award rejecting claims that changes in the electricity regulatory regime, which allegedly impaired long-term licenses, violated an investment treaty in an UNCITRAL arbitration. The award further ordered claimant to defray our client s legal fees. Canadian Mining Company We used available investment treaty protections to assist a Canadian mining company negotiate a resolution of disputes with a Eurasian State that protected its valuable long-term mineral concessions. Multi-Jurisdictional Litigation for an International Oil Company We coordinated for an IOC the pursuit of, and defense against, dozens of related claims in civil and common law jurisdictions, as well as before an international human rights court. Multi-Jurisdictional Litigation for State Deposit Insurance Fund We coordinated the pursuit of parallel civil, criminal and bankruptcy proceedings against ex-bankers in North America, South America and Europe following the collapse of a large financial group in South America. 6 International Arbitration and Dispute Resolution Practice International Arbitration and Dispute Resolution Practice 7

5 Client Testimonials With our case virtually lost, we turned to the lawyers at Baker Botts. Rather than continuing down the same path as our former counsel, they changed our legal theories and overall strategy. The result of their vision was a ruling completely in our favor. Some time later, when I happened to meet our adversary, he said he wished he had had the foresight to hire our Baker Botts team. Dra. Esther Margulist de Holcblat, Former President Fondo de Garantía de Depósitos y Protección Bancarria Now that the arbitration hearing is over, I just wanted to send you this short note to say how extremely impressed I have been watching your handling of this case. Your professionalism, attention to detail, tenacity and strategy were truly beautiful to behold and this is truly one of those situations where, when you leave the field of battle, you know you have held nothing back. Dennis Grindinger, Executive VP and CFO Hunt Oil The Baker Botts lawyers stand out as being extremely committed, highly experienced in their fields of practice and capable of building a mutual trust relationship with their clients. Baker Botts has shown a profound understanding of our business and a remarkable capability to deliver, never shying away from difficult situations. We highly recommend them for any matters of international concern. Tiago Matos, Director and Legal Counsel Odebrecht Construction, Inc. As a global business, Hyundai Motor Company requires global teammates. Baker Botts has taken the time to understand our business, our goals, and, most importantly, our culture. Baker Botts has provided us with creative and positive solutions in our significant international matters. I am proud to have them as an integral part of the HMC team. Chung Mong-Koo, Chairman Hyundai Motor Company I am so pleased that we chose Baker Botts litigation team to represent us in our international matters. Not only is the firm immediately responsive, but it has repeatedly delivered the right resources for the specific issue at hand. I believe Baker Botts achieves these results because it keeps its focus on the big picture -- what really matters to our business and the outcome of the dispute. I have no hesitation in recommending Baker Botts for any major international litigation or arbitration. Jeff Starzec, Senior Vice President and General Counsel Cobalt International Energy, Inc. The Baker Botts international disputes team provides exemplary service, pushing the process forward. They always provide thoughtful advice tailored to the client s situation, and have helped us to achieve favorable results in our international disputes. Natalia Burnosova, Corporate Counsel Interpipe 8 International Arbitration and Dispute Resolution Practice International Arbitration and Dispute Resolution Practice 9

6 They couldn t have been better their attention to detail is incredible, I have great confidence in the team Chambers Global 2012 An excellent firm that provides top-quality work Chambers Europe 2012 Baker Botts Dating back to the 1840s, Baker Botts has grown to be one of the outstanding international law firms of the world. Our lawyers, based in 14 offices around the world, have broad experience and in-depth knowledge of our clients industries and businesses. We work as an integrated team one Firm across all offices. Our clients include a variety of public and private companies in the energy, technology and life science industries. 10 International Arbitration and Dispute Resolution Practice Abu Dhabi Austin Beijing BRUSSELS Dallas Dubai Hong Kong Houston London Moscow New York Palo Alto Riyadh Washington

7 BakerBotts.com 2013 Baker Botts 6310_F/04.13