International Arbitration

McElroy Deutsch attorneys recognize the sophisticated nature and ever-changing climate of doing business internationally.  Our lawyers help clients navigate through the complicated terrain of conducting business in multiple jurisdictions and across national borders.  This representation begins at the contracting stage, with guidance in the drafting of robust dispute resolution clauses that recognize the unique challenges of doing business in foreign jurisdictions and avoid the risk of getting caught in foreign courts and/or facing unfamiliar foreign laws.

When disputes do arise, McElroy Deutsch attorneys are forceful and knowledgeable advocates, well versed in arbitration processes and procedures – both domestic and international.  They have appeared before tribunals throughout the world under the auspices of most major arbitral organizations, including the AAA, JAMS, ICC, LCIA, UNCITRAL, FINRA, ARIAS and ICDR, and have handled matters involving more than $500 million in dispute. 

McElroy Deutsch attorneys have particular expertise and experience in the following industries and concentrate their practice on meeting the international arbitration needs of clients in those businesses:

• Construction
• Insurance
• Healthcare
• Financial Services
• Pharmaceuticals

Our lawyers bring to bear our vast industry knowledge and extensive arbitration experience to provide our clients with a competitive advantage in the preparation and presentation of their cases in international arbitration.  Using McElroy Deutsch’s cutting edge in-house technological capabilities, including the latest e-discovery systems and procedures, the Firm brings about more efficient and cost-effective resolution of both modest and high-value disputes.

The Firm’s unique blend of domestic and international arbitration acumen, subject matter and industry expertise, and technological sophistication allows it to compete (and often prevail against) some of the largest law firms in the world.  Our clients need not pay mega-firm rates to achieve the representation and results they deserve.

Representative Cases

Results may vary depending on your particular facts and legal circumstances.

• Counsel to EPC Contractor in connection with the construction of a 550 MW offshore wind farm in the UK (the largest “deep water” offshore wind farm ever built at the time of its construction).  Provided counsel throughout the course of the Project, and then served as arbitration advocates prosecuting the Contractor’s variation and delay claims against the Owner (£300 million), and defending the Contractor against fabrication defect claims asserted by the Owner (£370 million).  Favorable settlement achieved following two sets of hearings (8 weeks total) in London. 
• Counsel to EPC Contractor in connection with the construction of a $1 Billion crude oil ugrader project in Venezuela.  Provided counsel throughout the course of the Project, and then served as arbitration advocates prosecuting the Contractor’s change order/variation, delay and disruption claims against the Owner ($700 million).  Favorable settlement achieved following five sets of hearings (8 weeks total) in New York.  
• Counsel to EPC Contractor in connection with the design, procurement and construction of a power recovery system within one of the world’s largest oil refineries located in St. Croix, USVI.  Served as arbitration advocates prosecuting the Contractor’s wrongful termination and change order claims against the Owner and the Owner’s Agent, and defending against the Owner’s “bad faith” counterclaim.  Recovered $9 million on behalf of the EPC Contractor following two sets of hearings (5 weeks total) in New York, NY, and a successful enforcement action in the Southern District of New York. 
• Defense of an international EPC contractor against the owner’s claim for cost overruns arising out of the design and construction of a $100 million gold ore processing facility in Chile.
• Representation of an international EPC contractor in $65 million claim for additional compensation (and defense of owner’s counterclaim) arising out of an oil refinery project in Singapore.
• Representation of international EPC contractor against owner’s claims for cost overruns arising out of the design and construction of a $1.1 billion gold/ore processing facility in Argentina.