Practice Areas & Industries: Beirne, Maynard & Parsons, L.L.P.

Practice/Industry Group Overview

As a result of the increasingly global nature of our economy, many companies find that cross-border transactions and dispute resolution are occupying an increasing amount of time and attention. Because Beirne, Maynard & Parsons is a litigation-only law firm with extensive trial, arbitration, and dispute resolution expertise, globalization has meant a steady increase in the number of disputes that our firm has been sought out to handle, representing clients headquartered both in the U.S. and abroad and in matters involving multiple countries. We have assisted clients in international matters covering a wide range of legal issues, from commercial disputes to intellectual property matters, from maritime cases to banking and finance, construction, terrorism, and more.

One reason why a Texas litigation firm such as ours is often called upon to assist with international disputes is that commercial agreements today very often include arbitration clauses, and in arbitrations, an attorney need not be licensed in a particular geographic jurisdiction. U.S. trial lawyers are noted for their advocacy training and skills and are, therefore, sought out to represent clients worldwide in commercial arbitrations. Beirne, Maynard & Parsons is one of the largest litigation-only law firms in the U.S.

Our attorneys are well-versed in the issues that are prevalent in international disputes, including conflicts of law, sovereign immunity, the act-of-state doctrine, the political question doctrine, and the forum non conveniens doctrine. Our international work has, of course, given us the necessary experience in Hague Convention issues, both for service of process and for discovery, including conducting discovery (including depositions) against parties in Argentina, Australia, Bermuda, China, Colombia, Czechoslovakia, France, Germany, India, Japan, Mexico, Sweden, Switzerland, and the United Kingdom.

Our clients also include foreign governments and agencies as well as businesses. For example, we served as lead counsel for the Republic of Estonia and the Central Bank of Estonia in a successful arbitration before an arbitration tribunal of the World Bank. The tribunal was composed of judges from Israel, the Netherlands, and Canada, and conducted proceedings in Zurich, London, and Washington, D.C. There were extensive procedural and jurisdictional issues, which included both state and federal proceedings. A two-week trial in Washington, D.C. concluded with a unanimous decision in favor of the Republic of Estonia and the Central Bank. Recently, Beirne, Maynard & Parsons has been retained by the Government of Romania to represent it in ICSID proceedings arising out of investment disputes.

Because many international disputes generate parallel proceedings in multiple jurisdictions, clients appreciate our ability and willingness to coordinate the efforts of multiple law firms and work collaboratively with counsel that range from UK barristers, advocates, and solicitors to attorneys in the Middle East. Such international activities require great sensitivity to the legal and cultural differences that exist from one country to another and the ability to work with clients in a way that acknowledges and respects those differences. For example, on the legal side, an example of differences that must be respected is the way discovery is handled. In the U.S., courts allow a great deal of latitude for making discovery requests. Other countries have more restrictive privacy laws that must be accommodated. Knowledge of such differences is essential in working internationally.

Recognizing the importance of international litigation as a component of the service we offer clients, we have elected to join an international association of law firms called the International Lawyers Network (ILN). The purpose of the ILN is to provide member firms with ready access to high-quality lawyers around the world whom they already know through many network meetings and functions, which often take place overseas. The ILN is an association of 88 law firms with more than 5,000 lawyers in 68 countries worldwide. If there is international work that requires collaboration, chances are there is a Network law firm in the relevant country with lawyers we have met, whose work we know, and whom we trust and feel comfortable recommending to a client. Conversely, if a member firm in Poland, for example, has a client who needs representation in the U.S., we are ready to help that client. The excellence, demonstrated experience, worldwide presence, and relationships of the International Lawyers Network combine to make this Network one of the leading associations of independent law firms in the world.

A representative listing of the international experience of Beirne, Maynard & Parsons includes the following:

• Currently defending a large oil and gas production company in a $10.5 billion suit that also includes as defendants agencies of the governments of Australia, Indonesia, and East Timor.
• Currently advising a major international oilfield services company in litigation pending in the High Court of Justice Queen's Defense Division Commercial Court regarding damages allegedly resulting from a mechanical and control system failure onboard a deepwater drill ship operating offshore The Republic of Equatorial Guinea.
• Currently advising a manufacturing company during the investigation phase of a major incident involving a refined products storage facility outside London.
• Currently representing several Middle Eastern interests as both counsel and supervising counsel in business and personal injury disputes.
• Currently representing an exploration and production company in litigation involving allegation of breach of a joint operating agreement for North Sea operations.
• Represented a Romania-based manufacturer of oilfield equipment in litigation related to a loss of well allegedly due to the faulty use, installation, design, or manufacture of manufactured equipment.
• Consulted with an energy company regarding liability and other issues stemming from Middle Eastern terrorist attacks.
• Represented a Qatar chemical company in prevailing in a $30 million letter of credit case against the engineering and construction arm of a global energy service giant. The defendant built a billion dollar chemical plant for our client, but sought to restrain the client's collection on a letter of credit drawn on a London bank when the project was not completed on schedule. We secured reversal of a temporary restraining order originally granted by a federal court in Texas, and our client was able to draw on the letter of credit as compensation.
• Handled numerous cases before the Society of Maritime Arbitrators in London, New York, and Houston, including one of the largest maritime arbitration cases of record.
• Represented various international oil and gas companies in a number of ICC arbitrations in Paris and elsewhere on subjects ranging from letters of credit, buying and selling products, and supply and distribution agreements.
• Represented an integrated energy company in an international arbitration regarding the construction of two ultra-large crude carriers.
• Represented a global oilfield services company in a dispute arising from a seismic mapping project in Venezuela.
• Represented an international energy company in a personal injury claim relating to a terrorist attack on a drilling site.
• Represented an international energy company in contractual disputes filed in UK and Texas courts.
• Handled numerous mediations for international oil and gas companies involving the sale of all, or a substantial portion, of the working interests in onshore and offshore producing oil fields.
• Defended a Swedish anchor chain manufacturer in a suit arising from the sinking of a drill ship in the South China Sea.
• Represented an energy company in a successful take-or-pay dispute involving litigation in the High Commercial Court of England and the U.S. District Court for the Southern District of Texas.
• Represented an energy company in a suit involving a failed LPG project in Asia; obtained forum non conveniens dismissal, which was affirmed on appeal.
• On behalf of several domestic and foreign clients, successfully prosecuted claims arising from a conspiracy of heavy-lift service providers to fix prices worldwide.
• Represented the Hungarian manufacturer of mass transit buses in several products liability lawsuits based upon alleged work station defects that resulted in repetitive trauma injuries.