Like many US firms, Paul Hastings’ international arbitration-related work has several legs: conduct of commercial and investment arbitration proceedings, and enforcement of awards.
- Pending cases as counsel:
- Value of pending counsel work:
- US$5.2 billion
- Treaty cases:
- Current arbitrator appointments:
- 3 (of which 0 are as sole or chair)
- No. of lawyers sitting as arbitrator:
Though unlike most, it has a fourth: advice on political risk insurance and, if needed, arbitration thereof.
The West Coast firm’s international arbitration practice expanded a lot with the 2006 takeover of Dickinson Landmeier, a well-regarded Washington, DC, boutique with a name in public international law. Today, the Dickinson Landmeier attorneys give the practice its core – and they work from Washington, DC. However, the firm has 18 offices around the globe.
Who uses it?
The team has worked on a broad range of political risk insurance and trade credit insurance arbitrations for Chartis International (a division of AIG) and Zurich Insurance.
It has also represented Suzlon Wind Energy, in a dispute over an alternative energy farm in Central America; and a Mexican subsidiary of KBR, in proceedings to enforce a US$356 million award against Mexico’s state oil company, Pemex.
State clients include the Philippines in a US$2.5 billion dispute with Metro Rail Transit Corporation.
The team won a big victory for Toyo Tire Holdings of Americas in 2010; they persuaded the Court of Appeals for the Ninth Circuit to come into line with other circuits on the use of injunctions in support of arbitration.
Paul Hastings also helped French bank Société Générale and two US subsidiaries pursue three parallel cases against the Dominican Republic over the privatisation of an electricity distributor. The dispute included the first-ever DR-CAFTA case, heard under the UNCITRAL rules at the PCA in The Hague, as well as a case brought under the Dominican Republic’s BIT with France, administered by the LCIA. After one of the claims cleared the jurisdictional stage, the state settled.
The firm also represents Karaha Bodas Company – an energy joint venture that has been striving since 2003 in its efforts to enforce a US$261 million arbitration award against Pertamina, Indonesia’s state-owned oil and gas company. To date, Paul Hastings has recovered some US$320 million – the entire award plus accrued interest. Pertamina continues to bring appeals against the decisions.
In 2011, Paul Hastings received three fresh international arbitration instructions.
It also brought home a win for long-standing client Zurich Emerging Market Solutions in an ICDR case.