Kasowitz is frequently called upon to handle complex international disputes and cross-border litigation matters in the United States and in jurisdictions including Canada, U.K., Switzerland, Israel, Japan, Singapore and Taiwan.
We have extensive experience handling international arbitrations related to a variety of commercial disputes, including in the areas of business torts, contractual breaches, insurance coverage, intellectual property, financial products, fraud, antitrust, joint ventures, mergers, products liability and unfair competition. Kasowitz offers assistance, representation and advice at all stages of the arbitration process, including pre-arbitral negotiations, the conduct of arbitral proceedings and advocacy at trial. We have achieved several nine-figure awards on behalf of our clients in such matters. In addition, lawyers of the Firm are included in the lists of recommended arbitrators for foreign arbitration centers and have been routinely appointed as arbitrators to hear disputes. As such, we are intimately familiar with the divergent rules, regulations and procedures applied by these international organizations.
We are also frequently called upon to represent foreign clients in cross-border litigation that is pursued in part in the United States. Kasowitz has handled numerous major cross-border litigations for clients located in Canada, Israel, Italy, Mexico, Norway and the Russian Federation. We team with best-in-class foreign practitioners within our global network to handle such cases, thereby ensuring that clients receive consistently excellent advice and representation.
Notable representations 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 various 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, and each arbitration involved an array of antitrust, international, contract, commercial and arbitration law issues and complex damages modeling. Attendant to these arbitrations, 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 .
- 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.
- Veleron in connection with an insider trading and market manipulation action against Morgan Stanley. Through Veleron, Basic Element made a strategic investment in Magna International, Inc. (“Magna”) in 2007, which Veleron then used as collateral for a loan. Morgan Stanley took on some of the risk of that loan through a credit derivative transaction and also was appointed as disposal agent in the event of a liquidation of Veleron’s shares in Magna. In 2008, Morgan Stanley short-sold shares of Magna for its own account, while in possession of confidential, non-public information it received through its role with Veleron, generating a profit from the sales while also artificially depressing the price of Magna stock and the price that the collateral fetched upon disposal for Veleron. Southern District of New York Judge Colleen McMahon issued a decision in July 2015 denying Morgan Stanley’s motion for summary judgment on Veleron’s insider trading claims against the bank. A trial in this rare private insider trading securities case against a financial institution will likely begin at the end of 2015. Kasowitz is also lead counsel to Veleron in a related New York State action against Morgan Stanley seeking monetary damages arising out of Morgan Stanley’s fraudulent conduct in connection with restructuring negotiations and the procurement of a guarantee from OJSC Russian Machines (Veleron’s corporate parent).