概览
本所律师经办过诸多全球规模最大、情况最为复杂的国际仲裁,包括对本所客户而言价值数十亿美元的诸多商业和投资条约争议。本所在全球各大主要金融中心均设有大型团队。我们在世界主要的国际仲裁机构中代理过多家大型公司、合作伙伴、金融机构、保险公司和政府实体,包括国际商会(ICC)、国际投资争议解决中心(ICSID)、国际争议解决中心(ICDR)、伦敦国际仲裁院(LCIA)、新加坡国际仲裁中心(SIAC)、香港国际仲裁中心(HKIAC)、中国国际经济和贸易仲裁委员会(CIETAC)和迪拜国际仲裁中心,在联合国国际贸易法委员会仲裁规则(UNCITRAL)和其他仲裁规则项下进行的临时仲裁程序中亦有过代理经验。
本所还就怎样更好地起草国际仲裁协议,为准备进行跨境交易和投资的客户提供咨询,使他们能减少附属诉讼的风险,并在发生争议时取得最大优势。
我们将利用本所全球资源,通过仲裁、调解、有组织的谈判或其他方式有效解决争议。在解决商业争议以及投资者与主权国家之间的争议时,我们将利用本所丰富的执业经验,处理复杂的证据、分析适用的法律和程序、制定并评估替代策略、开展书面和口头形式的有力辩护。
本所名列全球专业仲裁律师事务所指南《环球仲裁评论100强》,更有部分律师得到了《钱伯斯与合伙人》、《法律500强》和《国际仲裁法律名人录》的认可。
本所律师代理的客户涵盖各行各业,包括有建筑、能源、金融、保险、生命科学、并购/合资争议、矿业,房地产、环境、知识产权、电信、海运和航空航天。
行业领域
建筑和工程。本所有着数十年就建筑和工程仲裁给客户提供咨询的执业经验。本所设有全面的建筑和工程仲裁业务,拥有在世界各地各大工程、基础设施、能源和建筑项目的大型建筑和工程仲裁中担任行业参与者的代理律师。客户专门惠顾本所,是因为我们对建筑、工程流程、以及对该领域仲裁参与各方的特定需求有着深厚的行业执行经验和理解。本所曾受聘代理巴拿马运河管理局经办世界上最大的建筑纠纷之一。
能源。本所曾代理客户参与过生产共享协议、服务协议、许可、特许权和其他东道国协议引起的国际争议;各种联合经营协议和合资企业争议,包括国际石油谈判代表协会和美国石油和土地管理协会范本和各种定制的联合运营协议;石油、管道天然气和液化天然气短期和长期商品采购和销售协议项下的石油和天然气开采特许费争议、定价、照付不议和其他争议;涉及钻探装置和其他船只的争议;常规和可再生电力行业争议;能源相关施工争议;以及能源部门的其他商业争议,包括跨境并购争议,以及能源行业产生的投资条约争议。
金融服务。利用在金融领域丰富的执业经验,在过去的一年里,本所在金融交易仲裁中有效地代理了众多客户,其中包括了复杂的衍生品争议。本所律师代理过特设信托机构和金融机构,例如,经办过涉及巨灾债券的第一起仲裁,以及设计位于纽约、伦敦和香港的投资银行业务资产剥离的第一起仲裁。
并购/合资企业纠纷。仲裁条款如今是国际并购和合资合同的常规内容。本所律师在各类并购仲裁中拥有丰富的执业经验,包括关于赔偿条款、声明与保证以及交割后购买价格调整的争议。本所在处理陷入争议的国际合资企业方面也享有盛誉,其中包括了在卡塔尔、中国、印度、黎巴嫩和俄罗斯的合资企业。本所采取手术式高效精准的方法解决合资企业仲裁,尝试对执拗的合资企业合作方施加最大压力进行和解。
存在争议的保险。本所律师遍及英国、美国、法国、德国、香港和巴西,其解决保险争议方面的业务被公认为在世界上具有领先地位。本所律师能处理多种不同类别保险的争议,包括财务险种、董事及高级经理人员责任险、政治风险和贸易信贷、专业赔偿、产品责任、海运、航空和再保险。近年来,本所代表政治风险保险公司处理了一系列大型仲裁,以及若干起再保险仲裁。
投资者——东道国争议。本所律师拥有在投资者/东道国仲裁中代理投资者(美国、丹麦、荷兰、加拿大、法国、印尼、科威特和土耳其等投资者)和东道国(埃及、冈比亚、阿根廷、厄瓜多尔和土库曼斯坦等)的广泛执业经验,这需要广泛了解国际公法的具体规则,包括条约解释、主权行为归类以及国际上关于国家对国际不法行为应承担责任的规则。本所律师以首席顾问律师的身份参与了大约30起ICSID或投资者/国家争议,使得本所团队成为世界上具有这类争议的实际操作执业经验的主要团队之一。
生命科学。本所长期在涉及复杂争议的仲裁中代理各家制药、生物技术和其他生命科学公司。这些案件包括有联合营销、共同分销、联合研发和合资协议引起的争议。在这类问题上,本所处理过各种生命科学技术、以及涉及临床试验证据质量、药物研发方法和药物营销策略的问题。
知识产权。在涉及专利、商业秘密或其他形式的知识产权的许可争议中,本所经常代理IT、制药和其他公司。这类仲裁通常会引发复杂的知识产权法问题,例如专利的有效性、协议所授许可的范围和特许权使用费的计算。凭借其扎实的知识产权业务,本所尤其适合在这类仲裁中代理客户,以期马到成功。
域名争议。在亚洲,本所团队拥有香港国际仲裁中心(HKIAC)、亚洲域名争议解决中心(ADNDRC),吉隆坡区域仲裁中心(KLRCA)和世界知识产权组织(WIPO)的域名专家组成员,在这些仲裁机构中,本所做出过200多项判决,在涉及多种语言的案件中,多人曾任小组的首席成员。本所曾就诸如统一快捷中止程序(URS)等新程序提出过建议,并起草过400多份域名诉状(包括20多份统一快捷中止程序诉状)。本所在新通用顶级域名和授权后异议方面也有丰富的执业经验。因应近年来亚洲各地交给香港国际仲裁中心仲裁的知识产权、技术和域名争议越来越多,故而顺势成立了香港国际仲裁中心的知识产权争议仲裁小组,而本所团队中一名仲裁员被委任为小组成员。
航运和国际贸易。本所的国际商业仲裁专业知识涵盖了海事和贸易法的各个方面,包括租船合同、货物和商品销售、造船合同以及船舶买卖争议。
地区 / 地域
非洲
本所在撒哈拉以南非洲地区的仲裁具有丰富的执业经验。本所拥有讲会讲英语、法语和葡萄牙语的律师,可与母语为英语、法语和葡语的非洲司法管辖区的当地企业交流。本所已发表了多篇关于撒哈拉以南非洲的文章,其中包括一份综合指南(中英文),涵盖了该地区仲裁的重要事实、考量和风险,且本所律师会定期在非洲举行的会议上就国际仲裁发言。
亚洲
与本所在亚洲庞大市场实力媲美的是,本所拥有亚洲规模最大、历史最悠久的国际仲裁业务之一,拥有一支由顾问律师和仲裁员组成的出色团队。例如,香港国际仲裁中心曾处理过两名仲裁员的回避申请,而本所为此曾在香港高等法院上成功地使得使针对香港国际仲裁中心提出的索赔无效。本所全球办事处的仲裁律师积极参与涉及韩国、日本和中国企业集团的案件。
中国。本所擅长代表客户处理西方与亚洲之间的各种争议,特别是中国合资企业争议。我们在代表中国国有企业处理国际争议方面也经验丰富。
欧洲。本所经常会奉命就价值巨大、关注度高、涉及企业重大声誉的问题和/或法律或技术内容相当复杂的案例提供建议。本所驻欧洲的国际仲裁律师正在负责经办备受瞩目的国际商会巴拿马运河仲裁,这是建筑和工程方面全球规模最大的持续仲裁之一。在过去十年中,本所还参与了20多起国际投资争议解决中心的案件。
拉丁美洲。本所在拉丁美洲地区的仲裁和诉讼争议方面的执业经验,来自于本所长期的交易业务执业。本所在代理整片大陆的大量仲裁案中有着丰富的执业经验,范围包括了巴拿马、墨西哥、哥伦比亚和巴西。本所发布过一份综合指南(中英文),涵盖了与拉丁美洲葡语和西班牙语管辖区中仲裁相关的重要事实、考量及风险。
中东
本所向中东政府和承包商就大量的基础设施、能源和建筑争议提供过咨询意见。本所负责经办中东争议的团队处理过阿尔及利亚、迪拜、埃及、伊拉克、约旦、科威特、黎巴嫩、摩洛哥、卡塔尔、沙特阿拉伯、叙利亚、突尼斯和其他中东国家的大量争议。本所在国际投资争议解决中心一宗当前的仲裁案中代理阿拉伯埃及共和国。本所还介入了黎巴嫩、阿联酋和沙特公司的各种其他仲裁。本所还提供独一无二的宝贵资源:驻迪拜、伦敦和巴黎且会讲阿拉伯语的仲裁律师。
美国。本所驻美国的仲裁从业人员在零售、能源、制药、建筑和工程、电信、采矿和资源开采等广泛行业中的商业、建筑和投资争议方面拥有丰富的执业经验。他们与世界各地的仲裁同行们,以及本所专门办理电子存储信息、政府和全球贸易等领域的律师密切合作,为个案需求提供定制的咨询服务。本所经常就风险管理策略及如何设置有效的争议解决条款提供建议。
执业经验
Our lawyers represent clients across a wide variety of industries, including construction, energy, finance, insurance, life sciences, M&A/joint venture disputes, mining, real estate, environment, IP, telecommunications, maritime and aerospace. Read more for representative experience.
Construction & Engineering
- Maritime Project. Successfully acting on a number of ICC arbitrations in connection with the design and construction of a major maritime project in Central America.
- Waste-to-Energy project. Advised Costain, a construction and engineering company, on the restructuring of Europe's largest waste-to-energy project. The firm, which has been advising on the project since 2012, has also been advising the client on its claims against technology providers responsible for defects on the project and secured a significant arbitration victory overturning the avoidance of an insurance policy of one of those providers.
- Hong Kong Construction. Represented our clients in a five-week-long arbitration hearing at HKIAC involving complex claims related to extensions of time, loss and expense and allegations that time had been set at large. The arbitration was decided significantly in favor of our clients, and the contractor’s subsequent appeal was dismissed. Enforcement proceedings led to substantial recovery of a HK$150 million claim.
- Construction Arbitration Involving a Railway Extension in Hong Kong. Acted for the MTR Corporation in defending claims referred to arbitration by a contractor on one of the major works packages for the railway line and stations. The underlying causes related to liability for delays and cost overruns in project completion.
- Qatar Sewage Treatment Arbitration. Successfully advised a major contractor on two international arbitrations in connection with the construction of a sewage treatment plant in Qatar.
- Offshore Pipeline Arbitration in India. Advised a global leader in offshore pipeline installation and subsea construction in relation to two major international arbitrations of disputes arising out of the construction of a major offshore energy project in India.
- ICC Proceedings in Algeria. Acted as lead counsel for a claimant in an ICC matter involving claims of breach of contract and nonpayment of outstanding sums due concerning construction projects in Algeria.
Energy and Natural Resources
- United States Environmental Arbitration. Represented a US provider of environmental services in a $90 million ICC arbitration against a Spanish seller related to a criminal investigation into Clean Water Act violations. Following a hearing and partial award in our client‘s favor, the Spanish seller settled the case by paying 90% of our client’s claim.
- PSC Arbitration. Representing an Asian state-owned oil and gas company in a major UNCITRAL ad hoc arbitration arising from an unconventional production sharing contract.
- Gulf of Mexico Oil Reservoir Size Arbitration. Represented the seller of an oil field in the Gulf in an AAA arbitration against the purchaser related to disputes over the dimensions of the reservoir. The arbitrators issued an award in the favor of our client.
- Mining Equipment Arbitrations. Represented a UK mining equipment manufacturer in two arbitrations regarding longwall mining equipment, one commercial and one investor-state under a bilateral treaty with Egypt.
- Dominican Republic Power Dispute. Advising on an ICC dispute against a public entity in the Dominican Republic relating to the management of the main power generating company in the country.
- Myanmar-China Oil & Gas Pipeline Project. Representing a prominent Chinese state-owned construction and engineering company in various disputes connected with the Myanmar-China Oil & Gas Pipeline Project, a major infrastructure project that forms part of China's Belt and Road Initiative, in an ICC arbitration in Singapore and CIETAC arbitration in Beijing. The opposing party is an Indian main contractor.
- CIETAC Arbitration. Advised a wind energy windmill gearbox manufacturer in a CIETAC arbitration against a buyer on disputes arising out of the sale and purchase of windmill gearboxes.
- Ad Hoc/UNCITRAL Arbitration Claim in Hong Kong. Advised a Taiwan-listed manufacturer of solar energy circuit products in connection with an ad hoc/UNCITRAL arbitration claim in Hong Kong arising out of a sale and purchase agreement dispute. Our cross-border arbitration experience helped ensure that the case was awarded in our client’s favor. We also act in the enforcement of the award in Jiangxi, PRC.
Financial Services and Insurance
- Romanian Bank Arbitration. Represented vendors of shares in a Romanian bank in an ICC arbitration relating to the sale of the majority shareholding to a Polish company. The dispute arose following the refusal by the Polish company to pay the full purchase price.
- Share Put Option and Investment Management Disputes. Represented Swiss and Middle Eastern clients in DIAC and Geneva Chamber of Commerce Arbitrations arising from banking and investment relationships with an Egyptian company. The parties agreed a combined settlement after an award in our clients’ favor in the DIAC arbitration and the hearing on the merits in the Geneva arbitration.
- Appeal from Insurance Arbitration Award. Persuaded the US Court of Appeals for the Seventh Circuit to affirm an arbitration award in favor of our client, a large managed health care company, over the adverse party’s objection that the resignation of one arbitrator on a panel of three arbitrators required the arbitration to begin anew.
- A Bank in Vietnam. We represented a bank in Vietnam in connection with arbitration proceedings commenced against it (and its customer) in Indonesia, and were successful in securing an award removing the bank as a party to those proceedings. The case raises jurisdictional and conflict of law issues and expert evidence was required by the tribunal in relation to questions of customary practice regarding letters of credit.
Investor-State Disputes
- Jordan-Kuwait Investment Treaty Arbitration. Represented Kuwaiti investors in an ICSID arbitration initiated against the Hashemite Kingdom of Jordan on the basis of the Kuwait/Jordan Bilateral Investment Treaty.
- Romania/US Bilateral Investment Treaty. Represented an American investor and his US companies against Romania on the basis of the US/Romania BIT.
- Republic of Egypt. Represented the Republic of Egypt in an ongoing ICSID arbitration on waste management services under the France/Egypt investment treaty.
- NAFTA/ICSID Arbitration. Represented a Canadian company in an ongoing NAFTA/ICSID (Additional Facility) arbitration related to the development of real estate project in Mexico.
- Republic of Gambia. Represented the Republic of The Gambia in an ICSID arbitration arising from a license agreement for the exploration of extraction of minerals and subsequent annulment proceedings before an ad hoc committee formed under the ICSID Convention.
- Republic of Gambia. Represented the Republic of The Gambia in two ICSID arbitrations arising from the expiry of a license to explore an offshore oil field.
Life Sciences
- Pharmaceutical Patent Licensing Arbitration. Successfully represented a global pharmaceutical company in a patent licensing dispute with a medical diagnostic manufacturer. We prevailed in the four-day arbitration which involved issues of U.S., English, Japanese and German patent law.
- Pharmaceutical AAA Arbitration. Represented Merck in a significant AAA arbitration and related litigation involving the alleged breach of the license to a patent covering a drug used in cardiac surgery. After over a month of trial, the panel issued a decision denying all of the opposing party’s claims for damages, striking a huge win for our client.
- Pharmaceutical ICC Arbitration. Advised a leading pharmaceutical company in two ICC arbitrations and related litigation involving the breach of the license to a patent covering a blockbuster drug that was one of the client’s biggest-selling products during the term of the license. The breach resulted from the European Patent Office’s erroneous forfeiture of the patent, which allowed generic competitors to enter the market. This case involves substantial damages.
- Medical Products Distributor and Manufacturer Arbitration. Represented a Spanish medical products distributor in an arbitration against a US medical products manufacturer before the LCIA. Our client claimed that the manufacturer breached the exclusivity provisions of the parties' distribution agreement. After a hearing in London, a panel of three European arbitrators found that the respondent had breached the agreement and awarded our client substantial damages, as well as attorneys' fees and costs.
- Technology Transfer and License Agreement Dispute. Represented Russian licensee/transferee in an ICC arbitration arising from a semiconductor Technology Transfer and License Agreement. We were able to achieve a settlement for our client before significant proceedings.
M&A/Joint Venture Disputes
- Turkish Joint Venture Dispute. Successfully represented a Turkish government contractor in a week-long arbitration against its joint venture partner involving a breach of its joint venture agreement. We prevailed in the arbitration, resulting in a multi-million award for our client.
- Eton Properties Group. Successfully advised Eton Properties Group, a leading developer in Hong Kong, on defending an action to enforce a CIETAC arbitration award in a cross-border joint venture dispute involving the development of land in Xiamen, China.
- Chinese Joint Venture Dispute. Represented a US-based company in two related SIAC arbitrations arising out of a pair of joint venture disputes with a PRC partner. We prevailed in the arbitrations and successfully enforced the $42 million arbitration SIAC award before the Supreme People’s Court of China.
- Distributorship Dispute. Successfully represented one of Canada’s largest conglomerates in a US$100 million New York-law-governed, Singapore-seated arbitration commenced by a Korean conglomerate that arose out of a failed 10-year distributorship between the parties for the merchandising of our client's apparel brand in Korea.
- ICDR Arbitration. Advised two oil companies as respondents in an ICDR arbitration involving disputes over indemnification for representations and warranties in agreement for the purchase of a South American oil company from a US seller. The case involved monetarily significant claims, a litigious claimant and two national oil company respondents/counterclaimants with significant responsibilities for managing important national assets. We received back-to-back rulings from the US District Court for the Southern District of New York and the arbitral tribunal: (1) the court rejected the sellers’ demand for a judicial order under a related escrow agreement that would have required the escrow agent to pay the amount due from existing escrow funds on grounds the issue was within the arbitration clause of the stock purchase agreement; and (2) the order of the arbitrators confirmed that the seller had no right to deplete the escrow account without the purchasers’ consent and that the seller must pay the indemnification from its own funds, preserving the escrow to secure other outstanding claims.
Chemicals
- Chemical Company Arbitration. Represented the engineering entity of a large multinational chemical company in an ICC arbitration related to claims of delay, cost overruns, and errors and omissions from our client’s provision of detail design, construction management and procurement services to the EPC contractor of a cogeneration facility. Our client won an overwhelming victory in the arbitration, with its counterclaim for payment of services resulting in a net amount due to our client.
- Dow AgroSciences in an AAA Arbitration Victory. Successfully defeated claims, including fraud, breach of contract and breach of fiduciary duty, with an alleged damages amount of $660 million stemming from a failed business. The panel specifically noted that there was no evidence that Dow AgroSciences committed any wrongful or tortious conduct.
Manufacturing
- Paper Machine Manufacturer Arbitrations. Represented a US-based paper machine manufacturer in two arbitrations involving the sale, delivery and erection of paper machines at four pulp and paper mills in Indonesia. After four weeks of hearing in Singapore, the first arbitration settled with the plaintiff paying our client an amount valued at over $185 million. The subsequent arbitration also settled shortly before the commencement of hearings, with the plaintiff paying a substantial amount to our client.
- Steel Manufacturer Arbitration. Defended a large Brazilian manufacturer of milled steel in an ICDR arbitration against one of its coal suppliers, which alleged that our client breached a coal supply agreement. It sought damages of more than US$100 million. After we invoked a contractual clause that allowed the arbitration panel to make equitable adjustments to the contract because of the global economic crisis, which had caused the world market for milled steel to collapse, the coal company sought settlement. The parties were able to renegotiate and extend the price, delivery and payment terms to adjust to the changed market conditions.
- Agricultural Storage Facilities Arbitration. Represented one of PRC's largest manufacturers and suppliers of agricultural equipment in an ICC arbitration seated in Paris under French law brought by a major grain producer and exporter in Romania. The case arises out of a contract for the construction and installation of agricultural storage facilities entered into by our client, the largest supplier of such facilities in China and globally. We secured dismissal of all claims against our client and a favorable costs award.
IT and Telecommunications
- Airlines Reservation System Arbitration. Represented a major European airline in an ICC arbitration against its reservations system provider. The dispute concerned the level of functionality the provider owed under an information technology services agreement. The hearing on the merits was conducted, and the tribunal issued an award providing our client with specific performance of the contract. Damages issues were later settled favorably for our client.
- Latin American Satellite Arbitration. Won a complete victory on behalf of the largest telecommunications satellite provider in Latin America in an ICC arbitration over a claim of breach of contract to provide use of satellite telecommunications capacity.
- Asia Satellite Arbitration. Represented an Asian satellite operator in the successful defense of a claim brought in Hong Kong arbitration by a Thai satellite operator in relation to a cooperation agreement (“condo-sat”) with the Thai operator involving a claim for US$80 million that concerned important video broadcast rights in Asia.
- Appeal from Labor Arbitration Award. Persuaded the US Court of Appeals for the Seventh Circuit to vacate an arbitration award in favor of a trade union against our client, a US telecommunications company. We achieved this rare result by devising a creative Rule 60(b) argument.
Global Arbitration Review (GAR)
Member of the leading arbitration journal’s elite GAR 30 and ten consecutive years within the GAR 100了解更多Legal 500 UK
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表彰
Global Arbitration Review
Member of the leading arbitration journal’s elite GAR 30 and ten consecutive years within the GAR 100
- Clients note our team is "highly competent and extremely responsive," "not only incredibly knowledgeable, also thoughtful, intellectually creative and client-focused,” and our lawyers "always seemed to stay one step ahead of our opponents."
Chambers Global
Band 3 – International Arbitration: France
Chambers USA
Band 2 – Highly Regarded: International Arbitration Nationwide
- Clients note the team is "conscientious, diligent and intelligent," adding, "They always put the interests of customers in top place,” and the group is a “dedicated and committed team with lawyers who are keen to win the case and go the extra mile.”
Chambers Asia Pacific
Band 3 – APAC region: Arbitration (International Firms)
- “The team is impeccable, flawless, experienced, and knows how to deal with clients. They are commercially wise, do a lot of research, come back with answers which are to the point and let the client decide what we want to do."
Band 3 – Singapore: Dispute Resolution: Arbitration: The Elite
- "They are experts at what they do so they can be expected to give fast, commercially minded advice, which is always tactical and geared towards tangible results."
Band 3 – South Korea: Dispute Resolution (International Firms)
Legal 500 USA
Tier 4 – International Arbitration
- "The team is great at putting together a plan and a strategy to approach the case."
- With “a deep bench of top-notch lawyers," the focused and commercially aware" team "thinks strategically and is several moves ahead."
Legal 500 UK
Tier 3 – International Arbitration
- "Excellent arbitration team that has top-level knowledge, intelligence and flexibility."
- "Bright professionals who put things in perspective and think inclusively."
- "The firm was proactive, well organised and responsive."
- "The international arbitration team is highly skilled, and was able to digest the complexity of my bilateral investment treaty case to inform both tactical and strategic decision making."
Legal 500 Asia Pacific
Tier 3 – Hong Kong: Dispute Resolution: International Arbitration
Tier 3 – Singapore: International Arbitration
- “Exceptional tactical and strategic judgment, excellent knowledge of arbitration rules at SIAC.”
Tier 4 – South Korea: International Arbitration
The National Law Journal
Two partners recognized as an "ADR (Alternative Dispute Resolution) Champion" by The National Law Journal
Benchmark Litigation Asia Pacific
Hong Kong and China: International Arbitration (International Firms) – Recommended
Singapore: International Arbitration (International Firms) – Highly Recommended
- “Mayer Brown provides excellent service to its clients. It is always up to date on the recent developments in the sector and gives a very personalised service to its clients. Matters are partner-led and they give absolute priority to clients’ needs.”
Japan: International Arbitration (International Firms) – Other Notable Firms
FT Innovative Lawyers
"Most Innovative Dispute Resolution Firm" and among top 10 "Most Innovative Law Firms" in Asia Pacific by Financial Times on numerous occasions.