Elliot E. Polebaum leads Fried Frank's International Arbitration practice group and is chair of the Firm's Washington, DC litigation department. While resident in the Washington, DC office, he divides his time between the Washington, DC and Paris offices. Mr. Polebaum concentrates in international arbitration (handling cases throughout the world) and complex civil litigation in US courts.
Mr. Polebaum has appeared before tribunals throughout the world. Some of his recent arbitrations include representing a French respondent in an ICC arbitration in New York brought by a US claimant arising out of a cooperation agreement; US, Danish and Belgian claimants in an ICC arbitration in Paris against German and French respondents arising out of a stock and asset purchase agreement; the international owners of a large industrial project in a Middle Eastern country against a US engineering firm in an UNCITRAL arbitration in London; a French Claimant in an UNCITRAL arbitration in Switzerland arising out of a joint venture in Turkey with a major Turkish industrial group; a French respondent in an ad hoc arbitration in New York concerning patent disputes relating to avionics equipment; The United Nations in an UNCITRAL arbitration in New York brought by a supplier of air charter services to UN peacekeeping operations; underwriters in insurance disputes subject to LCIA arbitration; and a Dutch claimant in an ICC arbitration in Paris against a French respondent arising out of agreements for the design, construction, and operation of a new chemical plant. In addition, Mr. Polebaum frequently serves as an arbitrator in disputes administered by the ICC and ICDR, as well as in ad hoc cases. He also has experience representing clients in complex civil litigation in US courts. Mr. Polebaum has substantial experience in the aerospace and defense, energy, telecom, construction and hospitality sectors.
He is Adjunct Professor of Law at Georgetown University Law Center, where he teaches international arbitration.
Mr. Polebaum has written extensively on a variety of international litigation, arbitration, and intellectual property issues and is a regular speaker on these topics.
Honors & Awards
Mr. Polebaum is consistently recognized by Chambers USA: America's Leading Lawyers for Business in International Arbitration (National), where he is described as "a lawyer with superb writing skills," "outstanding on his feet," "always meticulously prepared," and "brings a wealth of experience to the table." He is also consistently recognized by Legal 500 in Litigation: International Arbitration (one of 17 leading lawyers in the United States) and recognized by Benchmark: Litigation as a "National Star" and a "Local Litigation Star."
Professional Associations
Member, Paris-based Institut pour L'Arbitrage International
Member, Arbitration Committee of the US Council for International Business (the US affiliate of the ICC)
Member, International Chamber of Commerce Commission on Arbitration
Member, London Court of International Arbitration
Member, International Centre for Dispute Resolution
Member, CPR Institute for Dispute Resolution Panel of Distinguished Neutrals
Fellow, College of Commercial Arbitrators
Clerkships
Prior to joining Fried Frank, Mr. Polebaum served as law clerk to Supreme Court Justice William J. Brennan, Jr. and United States Circuit Judge James L. Oakes.
Selected Representations
Recent Experience as Counsel
Mr. Polebaum represents a wide variety of US and non-US corporations in international arbitration. Recent representations include:
A large European manufacturer of jet aircraft in two ICC arbitrations in New York against a US designer and supplier of certain airframe components.
A large US manufacturer of jet aircraft in an ICC arbitration in Geneva against a European supplier of certain airplane components.
The Mexican subsidiary of a large French company in an ICC arbitration in Paris brought by the US subsidiary of a Spanish company alleging defective supply of equipment to be used in an alternative energy project.
The international owners of a large industrial project in a Middle Eastern country against a US engineering firm in an UNCITRAL arbitration in London.
US, Danish and Belgian claimants in an ICC arbitration in Paris against German and French respondents arising out of a stock and asset purchase agreement.
A Turkish company in multiple ICC arbitrations in Helsinki and Istanbul against a large Scandinavian telecom equipment supplier.
A European telecom company in an ICDR arbitration in New York against a supplier of satellite services.
A French industrial company in an ICC arbitration in Singapore arising out of a contract to supply certain equipment to an Indian industrial company.
A Turkish company in an ICC arbitration in Frankfurt against a large US supplier of military communications equipment.
A French claimant in an ICDR arbitration in Houston against the US subsidiary of a German company arising out of a patent licensing agreement.
A large Scandinavian industrial company in an ICC arbitration against its North American distributor.
A Belgian company in an ICDR arbitration against US subsidiaries of a German company for breach of a Patent License Agreement.
A Belize company in an ICC arbitration in Geneva against a Finnish company arising out of a consulting and strategic marketing agreement.
A large European company in connection with arbitrable disputes arising out of a major industrial project.
Total SA in an ICC arbitration brought by Citgo arising out of an acquisition agreement.
A European company in a dispute with the Government of an African country, which is subject to ICSID arbitration.
A US chemical company in an ICC arbitration in Paris with a French chemical company in connection with the design, construction and operation of a new chemical plant.
Thales SA in an ad hoc arbitration in New York against a US company concerning patent disputes relating to avionics equipment.
Total SA in an UNCITRAL arbitration in Lausanne arising out of a joint venture in Turkey with a major Turkish industrial group.
Total SA in an ICC arbitration in Geneva arising out of a patent licensing dispute with a US oil company.
General Electric Company in an ICC arbitration in Miami arising out of the construction of two power plants in Venezuela.
The United Nations in an UNCITRAL arbitration in New York involving breach of contract, fraud and related claims brought by a supplier of air charter services to UN peacekeeping operations.
US underwriters in a dispute arising out of an export credit insurance policy subject to London Court of International Arbitration in London.
British underwriters in an LCIA arbitration in London brought by a Singapore insured asserting claims arising under an export credit insurance policy.
The Scotts Company in an ICC arbitration in Paris arising out of the purchase of a European business from Aventis.
Andersen Worldwide Société Coopérative in an ICC arbitration in Geneva initiated by Andersen Consulting.
A US company in an ICC arbitration in Stockholm arising out of a contract for the procurement of military equipment from a Russian State entity.
A French satellite manufacturer in a breach of contract arbitration arising out of a construction and purchase contract.
A US manufacturer in an UNCITRAL arbitration in London arising out of a construction project in Thailand.
A US systems engineering company in an ICC arbitration in London against a Spanish company involving the installation of a command and control prototyping laboratory in Madrid and the related licensing of proprietary software.
A French semiconductor manufacturer in an ICC arbitration in Paris arising out of the construction of a new plant in France.
A US manufacturer in multiple American Arbitration Association arbitrations in Washington against its British distributor.
A Swiss company in an ICC arbitration in Vienna arising out of the purchase of a Danish company.
A European energy company in an LCIA arbitration arising out of a petroleum supply contract.
European nuclear interests in arbitrations related to both construction contracts and enrichment services contracts.
Recent Experience as Arbitrator
Mr. Polebaum frequently serves as an arbitrator in disputes administered by the ICC and ICDR, as well as in ad hoc cases. He has recently sat as arbitrator on the following representative disputes:
Chairman in an ICC case between Canadian and Argentine companies arising out of an acquisition agreement.
Co-arbitrator in a non-administered CPR case arising out of investments in non-US distressed debt.
Chairman in an ICDR case between a joint-venture and a supplier in respect of a project in Afghanistan.
Co-arbitrator in an ICDR case between US and Mexican companies arising out of a stock purchase agreement.
Co-arbitrator in an ICDR case between US and Caribbean-based companies arising out of a hotel resort operating agreement.
Chairman in an ICC case between Japanese parties and South American parties arising out of a major construction project.
Sole arbitrator in an ICDR case between French and Korean parties arising out of a contract for the supply of Application Specific Integrated Circuits.
Chairman in an ad hoc UNICITRAL case between a Canadian company and a US company arising out of a distribution agreement.
Chairman in an ICC case between a US company and a Canadian company arising out of a joint venture agreement.
Co-arbitrator in an ICDR case between a British company and a US company arising out of a development, marketing and strategic alliance agreement.
Sole arbitrator in an ICC case between a German company and a US company arising out of a distribution agreement.
Co-arbitrator in an ICDR case between an Austrian company and a US company arising out of a software license and distribution agreement.
Co-arbitrator in an ICDR case between an Indian company and a US company arising out of a commercial contract.
Co-arbitrator in an ICDR case between a Canadian company and a US company arising out of a patent license.
Sole arbitrator in an ICC case between a Singapore company and a US company arising out of a telecom licensing agreement.
Co-arbitrator in an ICDR case between a Norwegian company and a US company arising out of an acquisition agreement.
Litigation in US Courts
Mr. Polebaum has represented US and non-US clients in litigation before US courts in the following recent cases:
Total SA in litigation arising out of a joint venture agreement.
France Telecom in multiple patent infringement and antitrust litigations.
ONE GmbH in patent infringement litigation.
Club Méditerranée in litigation in Miami brought by former Cuban nationals with respect to the alleged operation of a resort in Cuba by a Club Med affiliate from 1997 to 2003.
Thales SA in an appeal from an adverse summary judgment in a predatory pricing case.
Total SA in class-action litigation alleging complicity in human rights abuses during the apartheid regime in South Africa.
Thales SA in patent infringement litigation relating to avionics equipment.
Total SA and subsidiaries in insurance coverage litigation in New York arising out of a worldwide construction policy.
A French-US joint venture in patent infringement litigation relating to ground collision avoidance systems.
Northrop Grumman Corporation in patent infringement litigation before the United States Court of Federal Claims.
Total SA in various class action antitrust litigations in the United States District Courts in the District of Columbia and in Philadelphia.
Multiple US companies in claims against the US Government for uncompensated regulatory takings of property rights.
Dassault in patent infringement litigation brought by the Lemelson Foundation in the United States District Court in Phoenix.
A French avionics company in a patent infringement litigation in the United States District Court in San Francisco relating to accelerometer sensors.
A French avionics company in a patent infringement litigation in the United States District Court in Miami relating to air traffic collision avoidance displays.
A French software company in various trademark infringement litigations in United States District Court.
A major US oil company in litigation with the US government in United States District Court in Fresno, California.
A US retail chain in copyright infringement litigation in United States District Court in Los Angeles.
An Italian couturier in trademark infringement litigation in United States District Court in the Eastern District of Virginia.
A telecommunications company in breach of contract, tort and antitrust litigation in the United States District Court in Miami.
Publications
Client Memoranda
Important Development in United States Trademark Law, Dec 28, 2007
Authors: James W. Dabney, Peter L. Simmons, Elliot E. Polebaum
Articles
Discovery in the United States in Aid of Foreign Litigation under 28 U.S.C. § 1782, October 1996
Source: International Business Lawyer
Discovery in the United States in Aid of Foreign Litigation under 28 U.S.C. § 1782, July 1996
Source: International Business Lawyer
Books
Negotiating and Drafting Contract Boilerplate - author of chapter on arbitration, 2003
Source: ALM Publishing
Procedural Issues, 1997, 1998, 1999, 2000, 2001 updates
Source: Internet and Online Law, Law Journal Seminars Press
News
News Releases
Fried Frank Hosts Inaugural Global Aerospace and Defense Executive Seminar, Nov 15, 2011
Fifty-seven Fried Frank Partners and Twenty-four Practice Areas Recognized by Chambers USA 2011, Jun 14, 2011
Fifty-eight Fried Frank Partners and Twenty-nine Practice Areas Recognized by Chambers USA 2010, Jun 11, 2010
The Legal 500 United States 2010 Edition Recognizes Fifty-two Fried Frank Lawyers and Nineteen Practice Areas, Jun 8, 2010
Benchmark: Litigation 2010 Ranks Fried Frank's Litigation Practice Nationally and in New York and Washington, DC, Oct 26, 2009
Fifty-eight Fried Frank Partners and Thirty-one Practice Areas Recognized by Chambers USA 2009, Jun 11, 2009
The Legal 500 United States 2009 Edition Recognizes Forty-Three Fried Frank Lawyers and Nineteen Practice Areas, Jun 3, 2009
Fifty-four Fried Frank Partners and Thirty-two Practice Areas Recognized by Chambers USA 2008, Jun 13, 2008
Forty-Eight Fried Frank Partners and Twenty-Seven Practice Areas Recognized by Chambers USA 2007, Jun 15, 2007
Thirty Fried Frank Partners and Twenty-two Practice Areas Recognized in the Latest Edition of Chambers USA: America's Leading Lawyers for Business 2006, Jun 2, 2006
Fried Frank's Elliot Polebaum Nominated to International Chamber of Commerce's Commission on Arbitration, May 18, 2006
Fried Frank Earns Recognition in Six Areas in the Latest Edition of The Chambers Global Guide, Jan 20, 2006
Accolades
Six Fried Frank Partners Nominated for Legal Media Group's Best of the Best USA 2009 Edition, Mar 20, 2009
International Chamber of Commerce Commission on Arbitration, Jun 1, 2006
Rankings - Benchmark
Benchmark: Litigation 2011, Oct 26, 2010
Rankings - Chambers
Chambers USA 2011, Jun 13, 2011
Rankings - Legal 500
Legal 500 US 2011, Jun 14, 2011
Events
Upcoming Events
Speaking Engagements
What Israeli Companies Need to Know About International Business, May 21, 2012
Past Events
Speaking Engagements
Eighth Annual Seminar on International Commercial Arbitration, Oct 11, 2011
Stage IV: Special Focus on Evidentiary Issues I, Oct 29, 2008
Salient Issues in ICC Arbitration, Jun 9, 2008
Management of Arbitral Proceedings, Jun 1, 2007
Obtaining and Presenting Evidence in International Arbitration, Nov 1, 2006
Obtaining and Presenting Evidence in International Arbitration, Oct 1, 2006
ICC Arbitration, Jun 1, 2006
Current Developments in International Arbitration: An Institutional Perspective, Sep 1, 2005
Challenging and Enforcing Arbitral Awards under the FAA, Jun 6, 2005
Discovery in Complex International Arbitration, Mar 10, 2005
Distinctive Aspects of ICC Arbitration, Nov 1, 2004
ADR Provider Rules: How to Successfully Navigate the Procedural Differences, Nov 1, 2004
Meeting the Challenges of Global Dispute Resolution, Sep 19, 2004
Judicial Review and Enforcement of Arbitral Awards, Sep 1, 2004
(Also at Washington, D.C. Office)