Practice Areas & Industries: Kilpatrick Stockton LLP

Practice/Industry Group Overview

Kilpatrick Stockton lawyers regularly act as advocates, advisors, arbitrators and mediators in international dispute resolution proceedings in Europe, Latin America, Asia and the United States. Against a background of significant growth in the use of arbitration and other forms of ADR to resolve international commercial disputes, Kilpatrick Stockton has emerged as one of a select group of firms considered to be leaders in the field.

Our International Dispute Resolution Team has recently been rated among the top 50 international arbitration practices in the world by Chambers Global, and among the top practices by the Legal 500 UK and Legal 500 EMEA in those regions. The success of the team is built on providing quality service with enviable results -- while also managing our clients' matters in an efficient, cost-effective manner.

Local Insight, Global Vision

Disputes are a fact of life in international commerce. As there is no true "international court" for the litigation of transnational commercial conflicts, trying such cases in foreign courts -- particularly in developing countries with evolving legal systems -- is a particularly risky and potentially expensive proposition. Arbitration, mediation and other forms of Alternative Dispute Resolution (ADR) can offer a more timely, risk-controlled, and cost-effective alternative to international litigation. Properly employed, arbitration and other forms of ADR can also help preserve important business relationships that may be sacrificed in the litigation process.

Traditions of Innovation

Our attorneys are true "business advisors" who assist their clients in managing global risk. Notably, they utilize advance planning to help clients avoid arbitration and litigation. By properly structuring dispute resolution clauses at the time of contracting, we enable our clients to increase the chances of a positive commercial outcome from any dispute.

When disputes arise, each client receives a tailor-made strategy for their case, which draws on expertise from across the firm's offices and disciplines. Kilpatrick Stockton deploys an "integrated team approach" to ensure that the best resources are deployed to assist the client in a timely and cost-effective manner. For example, in cases involving complex technology or engineering issues, one of Kilpatrick Stockton's in-house qualified technologists and engineers may be assigned to the case at an early stage and be actively involved in developing the case strategy. Equally, relevant expertise will be involved in cases dealing with environmental issues, intellectual property matters, competition laws, or cases involving corporate governance and securities issues. This approach gives our clients a clear advantage in early settlement negotiations or ADR procedures, and provides them with real-time and cost savings by avoiding duplication and backtracking.

Finally, our attorneys are experienced in all phases of dispute resolution, and have handled hundreds of cases before all of the major arbitral institutions, and court proceedings world-wide. We know how to use ancillary proceedings to assist our clients, and how to enforce judgments/awards.

Our Clients Know Best

Kilpatrick Stockton has had the privilege of representing some of the world's leading international business organizations. We act for many Fortune 1000 companies, as well as a wide variety of other organizations, including privately held companies, financial institutions, investment firms, health care providers, retailers, foundations, educational institutions and governmental and quasi-governmental entities.

The firm's clients have included companies from England, Germany, Russia, Bulgaria, France, Finland, Sweden, Switzerland, Ukraine, Kazakhstan, Japan, China, Latvia, the Kyrgyz Republic, the Netherlands, Egypt, Nigeria, Latin America, the Caribbean, and the United States.

Notable clients include:

• Rolls Royce Power Ventures
• ALSTOM Power Inc.
• BellSouth International
• ConocoPhillips Inc.
• Flag Telecom Ltd.
• adidas International Marketing B.V.
• Arab Republic of Egypt (National Organization for Potable Water and Sanitary Drainage)
• E. I. du Pont de Nemours and Company, Inc.
• Georgia-Pacific Corporation
• JGC (Japan Gas Company)
• Lockheed Martin Aeronautics Company
• E.ON U.S. LLC
• Metso Corporation
• M.W. Kellogg Company
• Nestle Waters North America Inc.
• Raytheon Company
• Siemens Transit
• Spalding Sporting Goods
• Top-Flite Golf Company
• Tractebel, Inc.

Arbitral Institutions

Attorneys on Kilpatrick Stockton's International Dispute Resolution Team are experienced in proceedings under all of the internationally-accepted arbitration rules, as well as with ad hoc and sector-specific arbitrations. We have acted as advocates or arbitrators in a wide variety of arbitral institutions around the world, including the:

• International Chamber of Commerce (ICC)
• London Court of International Arbitration (LCIA)
• American Arbitration Association (AAA)
• International Centre for Dispute Resolution (ICDR)
• International Center for Settlement of Investment & Disputes (ICSID)
• Stockholm Chamber of Commerce
• Kuala Lumpur Regional Centre for Arbitration (KLRCA)
• Korean Commercial Arbitration Board (Seoul)
• Oslo Chamber of Commerce
• Zurich Chamber of Commerce
• Dubai International Arbitration Centre (DIAC)
• Hong Kong International Arbitration Centre (HKIAC)
• Singapore International Arbitration Centre (SIAC)
• Permanent Court of Arbitration, The Hague, The Netherlands (PCA)

Global Reach/Representative Services

In providing our clients with the full range of legal services, our attorneys have gained experience in industries that frequently give rise to international commercial disputes, including:

• Construction Projects
• Energy Contracts
• Electric Power Projects
• Franchise Agreements
• Mass Transit Projects
• Joint Ventures
• Supply Agreements
• Oil and Gas Disputes
• Intellectual Property
• Telecommunications, Media and Technology
• Trademark and Patent Rights
• Insurance and Reinsurance
• Licensing Issues

The extensive experience and expertise of our attorneys, supported by the firm's wide array of resources, make Kilpatrick Stockton the right choice to handle almost any international dispute.

Representative Matters

• Successfully represented the claimant in a multi-million dollar ICC telecommunications dispute concerning the utilisation of a submarine fibre-optic cable and access rights to the South Asian market (award in favour of client).
• Successfully represented the claimant against a Swiss insurer in a large-scale ad-hoc arbitration conducted in Zurich (award in favour of client).
• Acted for defendant Latin American airline (controlled by Iberia) in an international arbitration with the parties financing two airbus aircraft ¿ the disputes were finally settled in mediation.
• Instructed by inventor of breakthrough anti-cancer drug in disputes over joint venture with manufacturer/developer, in ICC Arbitration in US/Netherlands.
• Represented American and English subsidiaries of a French corporation in an AAA international arbitration against four American companies, in a case involving the migration of a "next-generation" military sonar technology into civilian use.
• Acted for an international joint venture EPC contractor in arbitration under the rules of the Kuala Lumpur Centre for Arbitration in relation to disputes with a major Australian subcontractor, arising out of the design and construction of a US$8.8 billion liquefied natural gas facility in Borneo, East Malaysia.
• Represented a Croatian bank in a "reps and warranties" contribution claim under a share purchase agreement.
• Represented the claimant against a Caribbean state in a BIT before an ICSID tribunal in a claim concerning an oil field development.
• Instructed by the claimant in an ICC arbitration claim for guaranteed returns from a dedicated co-generation power station.
• Represented the claimant in an UNCITRAL arbitration to remove a defaulting JOA partner from a gas field development project offshore South East India.
• Advocates for the claimant in connection with the breach of a stabilisation clause in a Colombian gas transportation concession.
• Represented a major US telecommunications company in a multi-million dollar LCIA arbitration relating to payments made to other operators pursuant to international services agreement.
• Instructed by international food production/distribution company in ICC multi-million dollar arbitration in Hong Kong in respect of investment in China.
• Representation of international developer of land earth stations for mobile satellite major communications in approximately US$200 million LCIA arbitration against US and European telecommunications companies.
• Pre-arbitration investigation of disputes over joint venture/supply agreement in respect of sales between a Latvian/US company and a Swedish company.
• Represented Eastern European government in US$1 billion ICC arbitration relating to investment in country's telecommunications system.
• Instructed by a major multinational telecommunications company in a complex dispute with a joint venture partner arising out of the Latin American cellular telephone market.
• Represented the claimant against a Swiss insurer in an ad-hoc arbitration conducted under UNCITRAL rules in Zurich in 2001. Immediately prior to the final hearing in the case, the dispute was settled to the client's satisfaction.
• Are representing a major independent power producer as project counsel for Engineering, Procurement and Construction (EPC) issues on four different 700 MW combined cycle power plants currently under construction or in early operation. Advised the owner throughout the construction, commissioning and early operation processes with regard to various aspects of its relationship with its contractor. Negotiated change orders and time extensions, substantial completion and project close-out agreements. Represented the owner in an LCIA arbitration involving performance issues.
• Successfully represented a major international contractor in a AAA arbitration proceeding relating to a 54 MW co-generation facility in Pennsylvania. The dispute involved numerous deficiencies with respect to key equipment in the plant.
• Instructed by a U.S. construction contractor in relation to insurance claims concerning the installation and commissioning of power plants in South America and India.
• One of our lawyers was nominated by the Arab Republic of Egypt to be the party-appointed arbitrator for the National Organization for Potable Water and Sanitary Drainage ("NOPWASD") in a large and technically complex ICC arbitration between NOPWASD and a U.S. design build contractor.
• Represented a leading multinational chemical company in two international arbitrations against joint venture partners under Japanese and Mexican Law respectively.
• Were engaged by a major international independent power producer, to advise it regarding performance problems with four gas turbines in two U.K. power plants then under construction. Represented client in complex litigation against the original equipment manufacturer ("OEM") in federal court in Massachusetts, where the turbines had been sold.
• Advocates for a construction consortium in disputes arising out of the construction of a cogeneration power project in Puerto Plata, Dominican Republic. Problems resulted from salt water contamination of the boiler feed water supply which seriously damaged two boilers and caused pitting of the steam turbine.
• Represented construction subsidiaries of Raytheon in an ICC arbitration of disputes related to the design and construction of a cogeneration power plant for Jindal Tractabel Power Company in India. The disputes arose out of damage caused to a steam turbine during start up operations, resulting in substantial claims against our clients for liquidated damages and other damages. The matter was settled to the client's satisfaction.