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Milbank’s international arbitration practice grew from the Wall Street firm’s long-standing project finance prowess, which has expanded globally. In one of the firm’s first forays into international arbitration, John McCloy acted for U.S. multinational oil companies on the arbitrations that followed a wave of nationalizations in Libya. Since then, Milbank has appeared regularly in the commercial arbitration world – often on project matters. Milbank’s prominence in project finance and infrastructure also fueled its significant and growing presence in the investor-state arbitration market in over a decade. Milbank’s international arbitration group has represented both investors and States, with a focus on investment disputes related to natural resources and infrastructure projects brought under bilateral and multilateral investment treaties, including the Energy Charter Treaty. Milbank’s commercial arbitration docket boasts the natural staple of complex disputes involving such diverse areas as M&A, biotechnology, space and construction law. Milbank has developed a particular expertise in intellectual property-based arbitration, which is reinforced by Michael Nolan’s experience as General Counsel of the Intellectual Property Owners Association, the leading trade association for owners of patents, trademarks, copyrights and trade secrets. These arbitrations run the gamut from applying New York, German, French, English or Japanese substantive laws to all or parts of the claims.
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