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Transnational Litigation and Arbitration

Overview

Parker Poe attorneys represent sovereign countries and private businesses in foreign courts and international arbitration tribunals. Our team has handled a broad variety of transnational disputes, ranging from a $200 million arbitration over a mine in Vietnam to a billion dollar foreign investment treaty dispute in Southeast Asia. In each case, we work with clients facing international problems to find the forum that will maximize the opportunity for a fair trial and an enforceable judgment or award.

Leadership and Memberships

Catharine Arrowood is on the panel of arbitrators for the AAA’s International Center for Dispute Resolution (“ICDR”). ICDR is one of the world’s leading providers of international dispute resolution services, with offices in New York, Dublin, and Mexico City.  There are approximately 600 ICDR panel members worldwide, and more than sixty percent of these members are located outside the United States.  Ms. Arrowood also chaired the International Committee of the American College of Trial Lawyers from 2009 to 2011.

Eric Cottrell is a Director of the Charlotte International Arbitration Society, which provides resources for Carolina-based businesses whose international client bases require them to have a global focus.

Parker Poe has strong relationships with lawyers and firms in many countries, a network which is extended and strengthened by Parker Poe’s membership in TerraLex. TerraLex is a global network with more than 155 independent law firms and 15,000 attorneys in 100 countries who provide Parker Poe clients with worldwide access to local legal counsel. As the exclusive TerraLex firm in North Carolina, Parker Poe has represented clients of foreign and domestic law firms on a wide range of issues in acquisitions, arbitrations, litigation and other transactional work.

Members of our team regularly speak and write on international litigation issues.  Together with our TerraLex firm partners, we co-authored a series of papers on the extraterritorial enforcement of US and Canadian judgments and arbitral awards. 

Featured Experience

  • International arbitrations before the ICC International Court of Arbitration and other providers
  • International investment treaty disputes before the International Centre for Settlement of Investment Disputes and other providers
  • Parallel litigation and arbitration in multiple jurisdictions
  • Discovery in aid of foreign litigation or arbitration under 28 U.S.C. Sec. 1782
  • Foreign Corrupt Practices Act, import/export issues
  • Letters rogatory, the Hague Service Convention, and the Hague Discovery Convention
  • Discovery compliance for clients with data privacy issues in multiple jurisdictions
  • Investigations of non-U.S. citizens by U. S. authorities
  • Investigations of U.S. citizens by foreign government units

Representative Matters

  • Represented the Government of the Lao People’s Democratic Republic (Lao PDR) against alleged 1 billion dollar investment treaty expropriation claim. The Government settled the investment claims without payment. Claimant filed a Material Breach Application of the Settlement within one month of the settlement. Hearing on the merits of Claimant’s Application of Material Breach took place in Singapore, April 2015, and resulted in a complete denial of all of Claimant’s allegations and requests for relief. 
  • Represented the Lao PDR in prosecuting claims against investors for breach of settlement agreement. Arbitration seated in Singapore, hearings in London, UK.
  • Represented the US arm of a German-owned company in a $200 million ICC arbitration adverse to Canadian and Vietnamese companies regarding a contract to purchase minerals from a mine in Vietnam
  • Advised and appeared before the EU Competition Commission concerning mergers and unilateral action by dominant firms
  • Handled matters before the European Aviation Safety Agency, including agency administrative procedures
  • Represented a domestic insurance company in federal litigation regarding the arbitration of reinsurance treaties with foreign reinsurers
  • Represented a US based joint venture with multiple foreign investors in a dispute over the withdrawal of Dutch joint venture partner
  • Advised and represented German company in proceedings arising from the separation of an executive team following its acquisition of the worldwide operations of a Swedish based company (one court proceeding in US; one arbitration in US; two arbitrations in Sweden)
  • Handled US litigation and Belgian arbitration for Belgian manufacturing client
  • Handled litigation, administrative whistleblower proceedings, and arbitration relating to termination of CEO for US based joint venture with multiple foreign investors

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Professionals

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