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Kasowitz’s litigators have extensive experience in representing their clients in all types of complex commercial disputes before international arbitration panels. The firm’s lawyers are intimately familiar with the divergent rules, regulations and procedures applied by these international organizations, including in antitrust, insurance coverage, pharmaceutical and other commercial areas of dispute, allowing them to achieve the clients’ business objectives, including many nine-figure awards.
Notable international arbitrations handled by the firm include:
- Celanese LTD., Celanese Chemicals Europe GMBH, Celanese Chemicals, Inc., Celanese PTE., LTD., Grupo Celanese S.A., Servicios Corporativos Celanese S. De RL De C.V., Toyota Tsusho Corporation, Tomen America, Inc., Transammonia, Inc., Trammochem AG, Nidera Handelscompagnie B.V., Transgrain Transport B.V., Transgrain Shipping B.V., Acetex Corporation, and Millenium Petrochemicals, including clients from the United States, France, Germany, Japan, Mexico, The Netherlands, Singapore and Switzerland, in a series of successful international arbitration proceedings against certain shipping companies arising from a global conspiracy to suppress and eliminate competition by allocating customers and rigging bids for contracts for parcel tanker shipping. These arbitrations, which were venued in New York and London, were adjudicated before a number of arbitration panels, including former jurists, antitrust lawyers and barristers, and each arbitration involved an array of antitrust, international, contract, commercial and arbitration law issues, and included the application of economic modeling and damages analyses. During these representations, which included a month-long arbitration hearing on the merits, the firm successfully defended an appeal before the United States Court of Appeals for the Second Circuit, resulting in a precedent-setting decision under the United States Federal Arbitration Act.
- Celanese Corporation in its international arbitration to recover insurance proceeds from reinsurers relating to underlying product liability claims.
- Asiat, S.A., Parkway Corporation and the President of Asiat SA in the successful prosecution of multi-million dollar contract, fraud and commercial tort claims against American International Group subsidiary, the American Life Insurance Company, in an arbitration on behalf of Uruguayan and Argentinean clients, governed by the Rules of the Inter-American Convention on International Commercial Arbitration. This representation, which involved claims arising from the destruction of an insurance brokerage business as a going concern and the misappropriation of business opportunities, included a successful jury trial in the U.S. District Court for the District of Delaware related to fraud and duress issues, and a successful defense of an appeal of that verdict before the United States Court of Appeals for the Third Circuit.
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