As Advocate

• Represented Ukrainian company LLC Energoalliance and its assignees LLC Komstroy and LLC SPC Stileks in connection with the enforcement of an investment award against the Republic of Moldova. This was the first case brought in the United States based on the Energy Charter Treaty. Obtained a judgment in favor of Stileks sustaining jurisdiction over the foreign sovereign in two appeals in the D.C. Circuit. The case involved an extensive jurisdictional dispute relating to the definition of investment under the Energy Charter Treaty and related proceedings in Paris, France. The case also concerns the propriety of applying Achmea to in an extra-EU dispute and whether an annulment on that basis will be recognized by U.S. courts.

• Represented a developer of blockchain-based play-to-earn games (BVI) as claimant against the respondent launch platform (Anguilla) used in a token generation event. The institution was the Swiss Arbitration Centre, the seat was Zurich, Switzerland, and the applicable substantive law was Swiss. Successfully used Article 43 (emergency relief) of the Swiss Rules to obtain an interim award ordering respondent to transfer a portion of the disputed cryptocurrency, worth over USD 6.5 million, to a multi-signature 2-out-of-three non-custodial wallet and appointing an escrow agent to hold 1 of the three private keys to the escrow wallet.

• Represented a U.S. company against a Brazilian international conglomerate in an ICC arbitration over services provided on an energy project in the Dominican Republic. The seat of arbitration was Florida, the applicable law was Dominican Republic law. Initiated ancillary proceedings in support of arbitration in the state courts of Miami, Florida, and successfully obtained a pre-judgment writ of garnishment over an affiliate of the respondent. Ultimately achieved a settlement for payment of the full sum owed in less than 60 days.

• Represented a U.S. manufacturer of oil re-refining technology as defendant in connection with an international dispute under ICC Arbitration Rules. The seat of arbitration was Miami, Florida, the applicable law was the CISG, UNIDROIT, and U.S. law. Succeeded in reducing defendant client’s liability from over $20 million to $1.5 million, which was a victory for the defendant.

• Represented claimant U.S. company against two Israeli companies in an ICC arbitration over food products provided for sale in the United States. The seat of the arbitration was New York City and the applicable law was the CISG and New York law. Initiated ancillary proceedings in support of arbitration in Israeli courts, which successfully led respondent to settle for the full sum owed early in the proceedings.

• Represented defendant Argentinian and Canadian energy company in an ICDR arbitration against a US provider of turbine enhancement technology. The applicable law was the CISG and Florida law.

• Represented claimant Dutch company against a U.S. seller of food products in an arbitration under the ICC Rules. The governing law was the CISG and Dutch law. Prevailed in full on the merits, including attorneys’ fees.

• Represented claimant U.S. food distributor against a Jamaican supplier in an ad hoc arbitration governed by the UNCITRAL Rules, seated in Kingston, Jamaica and under Jamaican law, leading to a full award as the prevailing party on the merits.

• Represented a U.S. importer against a Uruguayan exporter of citrus in arbitration under the Fruit & Vegetable Dispute Resolution Corporation (DRC) Rules. The applicable law was PACA. Achieved early settlement and preserved the business relationship.

• Represented two of the largest Spanish producers of clementines as plaintiffs against a high-profile American distributor in a dispute in Federal court under PACA; achieved a favorable settlement early in the case, including a contract for continuing work the following year between the defendant and one of the plaintiffs.

• Represented defendant U.S. importer against Paraguayan supplier in an ICDR arbitration. Applicable law was the CISG. Achieved favorable early settlement.

• Represented freight forwarder defendant in a dispute against a vessel owner in an ad hoc arbitration seated in London. Applicable law was the laws of England and Wales. Achieved a favorable early settlement.

• Represented a cargo airline defendant in a case under the Montreal Convention. Obtained an early favorable settlement.

As Arbitrator

• Sole arbitrator in an ICC arbitration between the Panamanian subsidiary of a multinational South Korean technology conglomerate and a U.S. distributor regarding breach of supply agreement for technological products. Involved complex joinder, multiple contracts, complex jurisdictional issues. The applicable law was Florida law and the seat was Miami, Florida, USA.

• Sole arbitrator in an ICC arbitration between a Spanish entity and an Ecuadoran entity concerning early termination of a pharmaceutical distribution agreement under Ecuadorian law. Involved requests for anti-suit injunctions against parallel judicial proceedings in Ecuador seeking $35M USD; challenges to jurisdiction. Seat was Miami, Florida, USA. Proceedings conducted in Spanish.

• Sole arbitrator in an ICC arbitration between an Ecuadorian entity and a Chinese entity over allegedly non-conforming product and non-payment in a multi-million-dollar banana deal with allegations of lost profits under the CISG. Partial award on jurisdiction and admissibility involving multi-level dispute resolution clauses. Applicable law was the CISG, the seat of the arbitration was Miami, Florida, USA.

• Sole arbitrator in a DRC arbitration between a Mexican exporter, as claimant, and a Canadian importer, as respondent, of fresh produce. The seat of the arbitration was Ottawa, Canada, and the applicable law was the CISG. The language of the arbitration was Spanish.

• Sole arbitrator in a DRC arbitration between a Spanish seller and a Canadian buyer of fresh produce. The seat of the arbitration was Ottawa, Canada, and the applicable law was the CISG. The matter turned on the interpretation of Incoterms.