International Arbitration and Litigation
The highly experienced attorneys at FITCH assist international clients in developing winning strategies for cases in an environment that is both unfamiliar and seemingly inaccessible to the outsider. Our attorneys have practiced extensively as counsel in international commercial arbitrations before the leading international arbitral institutions. We have handled disputes under the rules of the International Chamber of Commerce, the American Arbitration Association and its international division, the International Centre for Dispute Resolution, the Hong Kong International Arbitration Centre, as well as under the UNCITRAL Arbitral Rules.
Our complex litigation practice extends beyond the borders of the United States, and we regularly represent U.S. and foreign individuals and corporations in civil litigation arising from activities in foreign jurisdictions. We represent our international clients in both federal and state courts in the United States, and also coordinate with local counsel in foreign jurisdictions to advise on foreign trials that have potential U.S. repercussions. Our attorneys have experience litigating issues of foreign service of process, U.S. discovery in support of foreign litigation and arbitration under Section 1782, and foreign sovereign immunity. We also regularly address issues of enforcement of foreign judgments in the United States.
FITCH attorneys are experienced representing both international investors and foreign states in international treaty arbitrations, with a focus on international investment disputes, including those before the International Centre for the Settlement of Investment Disputes in Washington, D.C. We have advised clients on their investment rights under such treaties as the North American Free Trade Agreement, the Energy Charter Treaty, and numerous bilateral investment treaties.
As part of our divorce and family law practice, we handle international jurisdictional disputes over divorce, property division, custody, and support. We also litigate international removal cases and negotiate cross-border parenting plans. When one parent has wrongfully removed a child from their home country, or wrongfully retained a child in a foreign country, we have used the Hague Convention on the Civil Aspects of International Child Abduction to help reunite families.
International Arbitration And Litigation
International Arbitration And Litigation Case Results
– International Commercial Arbitration
We obtained a settlement of $18,250,000 for a client based in Hong Kong in arbitration proceedings before the ICDR. The settlement of this commercial contract case involving technology rights in the PRC, was reached after we won the liability phase but before the damages phase of the arbitration commenced.
One of our lawyers successfully defended a power plant construction company in an arbitration under the ICC rules involving a power plant in Afghanistan.
In a matter before the International Centre for Dispute Resolution, we represented the former Chairman of a large investment company based in London, Hong Kong, and Boston, in a multi-count action against numerous defendants for wrongful termination of his employment contract. We negotiated a favorable settlement for him before the matter reached the hearing stage.
In the ICDR, we successfully prosecuted claims on behalf of a Brazilian company for damages caused by the failure of a Massachusetts company to maintain patent protection for certain technology products, as required under a license agreement.
We successfully removed and obtained dismissal of a lawsuit attempting to interfere in an ongoing international arbitration.
One of our lawyers successfully defended a major medical equipment manufacturer in an arbitration under the HKIAC rules involving a contract dispute with a Chinese manufacturer.
– International Litigation
We successfully represented a group of Dutch entrepreneurs who brought suit regarding a failed joint venture with a Fortune 500 company in the U.S.
We represent a Chinese diagnostic imaging company in the Business Litigation Session of the Superior Court in a breach of contract, unfair and deceptive business practices and trade secrets case.
Representing international law professors in amicus curiae brief before the Supreme Court on interpretation of the Foreign Sovereign Immunities Act.
We brought suit in federal court in Massachusetts and successfully gained recognition and enforcement of a judgment in Belgium.
We obtained a very favorable settlement for a group of American portfolio managers seeking to break off from a U.K.-based corporation.
We won an award of damages for an American company in an action arising from a failed business venture with a Swedish corporation.
We represented the interests of a Swedish Credit Union that was defrauded by its former president in an elaborate Ponzi Scheme.
We have advised a business based in Dubai with claims against two American companies for violations of joint venture agreements
We represented the interests of a Brazilian company in an action for breach of contract against a U.S. Corporation.
We represented a Japanese corporation, which is one of the world’s largest general contractors, in federal court action in Massachusetts, concerning the installation of a defective roof at a manufacturing facility in Malaysia.
We successfully represented a foreign exchange trading company seeking damages in a federal court action against a manufacturer of high frequency trading software on claims for breach of warranties and violations of a state statute outlawing unfair and deceptive trade practices.
We counseled a Brazilian company with an action pending in Court in Sao Paulo against a U.S. supplier of automotive equipment for wrongful failure to maintain patent protections.
– Investment Treaty Arbitration
Represented a major African telecommunications company in an ICSID arbitration alleging violations of a Bilateral Investment Treaty, including expropriation by a North African country.
Defended a Central Asian country against claimed violations of fair and equitable treatment under the Energy Charter Treaty.
Defended against claims alleging BIT violations on the basis that the investment was not lawfully made.
Counseled a Brazilian company with an action pending in Court in Sao Paulo against a U.S. supplier of automotive equipment for wrongful failure to maintain patent protections.