S&C's arbitration lawyers are involved with numerous large-dollar-amount commercial arbitrations, along with a steady flow of investor-state disputes. Regularly recognized in league tables as a leading arbitration practice, the Firm has handled international disputes for more than a century and has unparalleled expertise and experience in this area.
S&C's Arbitration Group also advises on litigation risks and arbitration clause solutions for international joint venture and other financial and commercial transactions. The Group's lawyers also regularly sit as arbitrators in both commercial and investor-state disputes.
The Firm has handled arbitrations administered by all of the major arbitral institutions, as well as ad hoc arbitrations, including proceedings under the following organizations' rules:
- American Arbitration Association (AAA)
- Financial Industry Regulatory Authority (FINRA)
- International Centre for Dispute Resolution (ICDR)
- International Chamber of Commerce (ICC)
- London Court of International Arbitration (LCIA)
- United Nations Commission on International Trade Law (UNCITRAL)
- International Centre for Settlement of Investment Disputes (ICSID)
- North American Free Trade Agreement (NAFTA)
- Stockholm, Geneva and Zurich Chambers of Commerce
- Singapore International Arbitration Centre (SIAC)
- Japan International Arbitration Centre
- Inter-American Commission of Commercial Arbitration (CIAC)
SELECTED REPRESENTATIONSSome of Sullivan & Cromwell’s recent international commercial arbitrations include representations of:
- Anheuser-Busch Companies, in an UNCITRAL arbitration with Grupo Modelo that threatened Anheuser-Busch’s $60+ billion acquisition by InBev, defeating, in their entirety, Modelo’s claims for damages of $2.5 billion.
- A major life sciences company, in a multi-billion dollar ICC arbitration.
- A communications software patent-pool administrator, in HKIAC arbitration to collect license fees against a Chinese manufacturer.
- An Australia-based food and beverage manufacturer, in an ICDR arbitration arising from supply agreements.
- Gildan Activewear, in an arbitration pertaining to an indemnity provision in a business acquisition agreement resulting in an award in favor of Gildan. In 2019, the federal district court denied a motion to vacate the award, and granted Gildan's motion to confirm the award.
- A Latin American LNG facility, in an ICC arbitration involving hundreds of millions of dollars in payments due under customer contracts.
- A major Japanese pharmaceutical company, in an ICC arbitration against the former owner of a Mexican pharmaceutical business arising from a post-closing working capital adjustment required under the parties’ purchase and sale agreement.
- A U.S.-based medical device company, in an ICC arbitration arising out of an M&A transaction.
- A Brazilian investor, in a multi-jurisdictional dispute with a joint venture partner in an oil drillship venture. S&C obtained an interim award in ICC arbitration in New York barring the consummation of the proposed restructuring plan in the adversary’s Brazilian bankruptcy proceeding.
- Centerra Gold, in an UNCITRAL arbitration against the Kyrgyz Republic and a state-owned gold refining company relating to the May 2021 seizure of one of the largest gold mines in Central Asia, in violation of investment agreements.
- A major mining company, in ICC and ICSID arbitrations against a Latin American sovereign and the state-owned mining company arising from one of the largest copper mining projects in the world.
- A U.S. owner of significant mining assets in Venezuela, in connection with actions by the Venezuelan government inconsistent with Venezuela’s grant of the mining concession, including with respect to potential arbitration claims against Venezuela and potential political-risk insurance claims.
- A cross-border investor, in an ad hoc, local-law arbitration with a Latin American sovereign arising out of a dispute relating to tariffs on an electric transmission facility. The arbitration was conducted by local outside counsel, in Spanish, under local law. S&C helped develop the strategy that got the parties into arbitration and guided the client in developing the procedures for an expeditious and ultimately successful arbitration.
- Interim Government of President Juan Guaidó of Venezuela, in multiple actions seeking to enforce multimillion dollar ICSID arbitral awards and writs of attachment fieri facias against Venezuela and the Venezuelan state-owned oil company, Petróleos de Venezuela (“PDVSA”), for alleged expropriation.
- Republic of Poland, in an investment arbitration dispute referred to by the Swedish Supreme Court to the EU Court of Justice (Grand Chamber).