International arbitration

We provide services to represent clients in international arbitration tribunals under the rules of:

• LCIA (London Court of International Arbitration),
• ICC (International Court of Arbitration at the International Chamber of Commerce),
• SIAC (Singapore International Arbitration Centre), 
• HKIAC (Hong Kong International Arbitration Centre),
• SCC (Arbitration Institute of the Stockholm Chamber of Commerce),
• AAA (American Arbitration Association),
• BANI (Indonesia National Board of Arbitration),
• UNCITRAL Rules, 
• Swiss Rules of International Arbitration of Swiss Chambers of Commerce, 
• ICAC at the RF CCI (International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation), 
• Russia Russian Arbitration Center of the Russian Institute of Modern Arbitration,
• ISCID (International Center for Settlement of Investment Disputes) Convention.

We provide the following representation services in international commercial arbitration:

• developing a strategy for representing interests in an arbitration dispute;
• representing parties as plaintiffs, defendants, third parties, witnesses in international arbitration proceedings;
• representing parties in preliminary interim measures cases;
• preparing and translating documents, collecting evidence for international arbitration proceedings;
• preparing opinions on issues of Russian and foreign law,
• representing in cases of recognition and enforcement of foreign arbitral awards.

Our firm has been repeatedly noted in the ratings in the field of international arbitration: 

• In February 2020, the Leaders of the legal services market annual rating from the Kommersant Publishing House marked NIP LLC among the best legal practices in the category of international commercial arbitration.
• In December 2019, the Pravo-300 rating ranked Nadmitov, Ivanov & Partners  LLC among the best in the International Litigation category. 
• In December 2012, Pravo-300 rating recognized NIP LLC as a promising company in the field of international arbitration.

• BVI company in the arbitration proceedings at the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (ICAC at the RF CCI) to recover unjust enrichment from a company, which operated a private jet;
  
• BVI company in the arbitration proceedings at the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (ICAC at the RF CCI) to recover interest on borrowed money from a management company;
• Singapore company in the arbitration proceedings in the Singapore Center for International Arbitration (SIAC) in a dispute arising out of the service agreement;
• BVI company in the arbitration proceedings in the London Court of International Arbitration (LCIA) in a dispute arising out of the share purchase agreement under English law;
• advising the claimant on the notification of Russian side of the arbitration proceedings under the ICC rules in Switzerland.

International Litigation in US and Foreign National Courts

• Currently representing investor in US$115m arbitration award enforcement action in Washington D.C. against the Arab Republic of Egypt.
• Currently representing investors in enforcement proceedings in the United States against the Republic of Poland.
• Currently representing investors in bankruptcy proceedings in Arizona relating to investments in the hundreds of millions in real estate projects in the United States.
• Acted in several New York federal and state court cases for breach of international contract claims, obtaining and resisting attachment and freezing orders where more than US$150m of assets were at stake.
• In a multi-jurisdictional case involving parallel proceedings in the United States and England, provided specialist forum selection and strategic advice on novel international litigation issues to an international communications entity that enabled litigation in the client’s preferred forum.
• Advised on recognition and enforcement of foreign judgments, using claim and issue preclusion doctrines (res judicata and collateral estoppel) offensively as part of defense strategy against claims in US courts.
• Advised client’s trial counsel, and assisted on briefing, in appeal of motion for antisuit injunction seeking to enjoin foreign proceedings.
• Traced assets and collaborated with foreign lawyers in enforcement of £50 million English judgment in New York and several offshore jurisdictions. 
• Represented Taiwanese plaintiff in enforcement proceedings in New York courts to enforce foreign court judgment. Successfully obtained preliminary attachment over US$4m of U.S. assets (which the New York courts have called an “extraordinary remedy”)
• Represented BVI company resisting attachment proceedings in New York courts involving in excess of US$21 million of assets.

• Represented Canadian and New York trust defending $150m claim in New York State Court Commercial Division. Successfully resisted associated attachment proceedings and obtained extraordinary denial of stay pending appeal of decision.
• Represented plaintiff in international litigation in the California courts arising out of injuries suffered under the Montreal Convention. Appealed case to the Ninth Circuit Court of Appeals and sought cert from the U.S. Supreme Court.
• Represented plaintiff in US$12m breach of fiduciary duty and fraud claims in California courts.
• Represented plaintiff in breach of contract to pay commissions in excess of US$1m in New York courts.
• Litigated a complex asbestos-bankruptcy case in concurrent proceedings in both US state and federal courts. Following an eight-month trial and extensive motion practice and appeals, obtained a favorable settlement for the client. Total amount at stake exceeded US$1 billion. (In Re Congoleum Corp.)
• Litigated breach of contract claim against well-known hotel chain in New York courts. Obtained settlement on client’s terms on every point.
• Advised on and pursued large fraud and insolvency claims against international entities arising out of the worldwide bankruptcy of BCCI.
• Litigated insurance coverage issues in New York and New Jersey state courts, and ad hoc arbitration in London.

• Currently acting as counsel in SIAC arbitration proceedings involving in excess of US$200m of disputes relating to construction of major plant facility in South East Asian country by state-owned entity. (SIAC Arbitration, no seat agreed, South East Asian law.)
• Currently acting as counsel in joint venture dispute in Asia in the education industry (SIAC arbitration, Singapore seat, Hong Kong law.)
• Currently acting as counsel in defending against claims involving tax indemnity and tax withholding (SIAC arbitration, Singapore seat, Hong Kong law.)
• Currently acting as counsel for Asian listed company in M&A dispute arising out of acquisition of technology and media company in the US. (ICC arbitration, Singapore seat, Singapore law.) 
• Counsel in ICC arbitration proceedings involving breach of distribution agreement between US and Asian parties. (ICC Arbitration, Singapore seat, Texas law.)
• Counsel for international fiber and polymer company in US federal court and state court proceedings, ad hoc arbitration in Switzerland, and ICC arbitration in Paris involving patent inventorship, trade secrets, and confidentiality disputes. Amounts at issue exceed US$1B. (ICC and ad hoc arbitration; Paris and Geneva seats; French and Swiss governing law.
• Counsel for airplane systems designer and manufacturer in ICC arbitration in New York in dispute with aircraft manufacturer involving patent and IP licensing, technical design and manufacturing compliance, delay issues, and intellectual property infringement claims. Amounts at issue exceed US$300 million. (ICC arbitration; New York seat; New York governing law.)
• Successfully acted as lead counsel in SIAC-administered UNCITRAL arbitration representing South-East Asian company against Asian state-owed entity in oil and gas dispute. Opposing party represented by one of the leading international law firms. Obtained complete victory for client in liability phase both on contractual liability (liability on this count alone exceeding US$500m) and for breach of obligation of good faith and fair dealing (yet to be quantified but liability expected to be quantified in the hundreds of millions). Amount in dispute US$500m++. (UNCITRAL arbitration, Singapore seat, New York, Singapore and third Asian country law.)
• Counsel for international financial institution in two LCIA arbitrations and advising on secondary litigation in national courts arising out of disputes relating to share purchase agreement and share option agreement. Amounts at issue exceed US$350 million. (LCIA arbitration; London seat; English governing law.)
• Counsel for Argentinian and Panamanian entities suing U.S. company for patent infringement in AAA arbitration. Amounts in dispute exceed US$100m. Obtained favorable arbitration award in client’s favor. (AAA arbitration, New York seat, New York and Federal law.)
• Represented US distributor in dispute with overseas supplier involving wrongful termination of distribution and supply joint venture agreements in AAA arbitration. Amounts in dispute exceed US$200 million. (AAA/ICDR arbitration; New York seat; New York governing law.)
• Represented pharmaceutical company in patent dispute administered by ICDR under AAA rules and seated in California. (AAA/ICDR arbitration; California seat; New York governing law)
• Counsel for patent holder for patent infringement and breach of licensing agreement claims. After initiating arbitration in California, successfully negotiated settlement 10 times what was offered before Dan Tan Law was brought in as counsel to start arbitration. (AAA arbitration; California seat; California governing law.)
• Counsel for US and Canadian companies defending against claims brought by Asian claimants. Obtained complete defense on behalf of clients and dismissal of US$35m claim without any liability on part of client. (AAA/ICDR arbitration; New York seat; New York, Singapore and Canadian laws.)
• Represented International organization of which sovereign states are members in AAA arbitration against former employee. (AAA arbitration, Washington D.C. seat, District of Columbia law.)
• Represented Singapore company in AAA arbitration against New York entity in dispute arising out of contract for military equipment. (AAA arbitration, New York seat, New York law.)
• Counsel representing three respondents in two SIAC arbitration proceedings brought by well-known global entertainment and lifestyle company involving sale of Asia-wide luxury entertainment chain. Dispute involved IP and trademark claims. Also acting as counsel in associated court proceedings in Singapore. Amounts in dispute approximately S$100m (US$80m).
• Successfully acted as counsel for Asian-based research company in ad hoc arbitration against well-known U.S. pharmaceutical company involving dispute over IP licensing agreement. After jurisdictional briefing and argument, obtained favorable settlement on all of client’s terms. (Ad hoc arbitration; US seat; New York law.)
• Counsel against household name technology company involving trademark dispute arising out of U.S. proceedings (SIAC arbitration, Singapore seat, Singapore and US IP law.)
• Counsel in Patent IP dispute arising out of asset sale and purchase agreement between Singapore sellers and German buyers. Amounts in dispute approximately US$4M. (SIAC arbitration, Singapore governing law.)
• Currently acting as counsel in ICC arbitration proceedings involving breach of licensing distribution and partnership agreement. (ICC Arbitration, California seat, Delaware law.)
• Counsel in SIAC arbitration acting for well-known Indian company against Singapore commodities trader for breach of sales contract relating to rock phosphate. Amount in dispute approximately US$5m. 
• Counsel for worldwide office products supplier in SIAC arbitration in dispute involving manufacturing agreement and asset sale purchase agreement with Indian parties. Case involves related litigation in India. (SIAC arbitration; Singapore seat; Singapore governing law.)
• Counsel for international construction company in arbitration proceedings governed by UNCITRAL rules before the SIAC involving trade secrets dispute stemming from construction projects in Asia and the Middle East. Successfully obtained dismissal of claims. (SIAC arbitration; Singapore seat; Singapore governing law.)
• Counsel in US$50m HKIAC arbitration involving breach of shareholder agreement and share purchase agreement. (HKIAC arbitration, Hong Kong seat, Hong Kong law.)
• Counsel in U.S. arbitration proceedings involving claim for partnership remuneration arising out of partnership deed. (Ad hoc arbitration, U.S. seat, Philadelphia law.
• Counsel for US and Brazilian companies in ICC arbitration in Sao Paulo in relation to indemnity in joint venture agreement for environmental claims (ICC arbitration; Sao Paulo seat; Delaware law.)
• Counsel for two ICC arbitrations in Singapore involving breach of joint venture agreements and shareholder claims. (ICC arbitration; Singapore seat; Singapore and Israeli law.)
• Counsel in ICC arbitration in Paris involving breach of arms and ammunition purchase and supply agreement between arms trader and Eastern-European arms supplier (ICC arbitration; Paris seat; no governing law agreed.)
• Counsel for international construction company in two arbitrations defending against claims for defective construction of manufacturing plant. (ICC and Swiss Rules arbitration; Geneva and Zurich seats; Swiss governing law.)
• Represented Indonesian company in arbitration under Indonesian National Board of Arbitration (“BANI”) rules in dispute with a competitor involving unfair trade practices, breach of confidentiality undertakings, and competition claims. Amount at issue is US$60 million. (BANI arbitration; Jakarta seat; Indonesian governing law.)
• Wrote US Supreme Court amicus brief on whether parties may expand scope of judicial review of arbitral awards beyond the grounds set out in the Federal Arbitration Act. Hall Street Associates, L. L. C. v. Mattel, Inc., 128 S.Ct. 1396, No. 06-989 (March 25, 2008).

• Currently Chair in 3-person Tribunal in ICC arbitration seated in London relating to joint venture agreement in the live entertainment industry. (ICC Arbitration, London seat, Delaware and New York laws.)
• Currently Chair in 3-person Tribunal in ICC arbitration seated in Seoul relating to construction and operation of power facility. (ICC Arbitration, Seoul seat, New York law.)
• Currently Chair in 3-person Tribunal in ICDR arbitration in dispute arising of aircraft outfitting and modification agreement between Asian and US parties. (Dispute exceeds US$20m) (AAA/ICDR arbitration, Seattle Washington seat, New York law)
• Currently co-arbitrator in dispute involving ship and container leasing agreement with more than US$60 million in dispute. (AAA arbitration, San Francisco seat, California law.)
• Currently sole arbitrator in dispute between US and Chinese parties involving sale of goods in AAA/ICDR arbitration seated in San Jose (AAA/ICDR Arbitration, New York seat, California law.)
• Chair in 3-person Tribunal (with Michael Hwang SC and Jennifer Kirby) in HKIAC arbitration involving alleged breaches of Share Purchase Agreement and Shareholder’s Agreement. Amount in dispute exceeds US$70 million. (HKIAC Arbitration, Hong Kong seat, Hong Kong law.)
• Party-appointed co-arbitrator in AAA arbitration in dispute between two leading pharmaceutical companies. relating to accounting and tax disputes in the pharmaceutical industry with US$50m in dispute. (AAA arbitration, New Jersey seat, New Jersey law.). (AAA/ICDR arbitration. New Jersey seat, New Jersey law.)
• Party appointed arbitrator in AAA / ICDR arbitration proceeding seated in San Francisco involving dispute over website and underlying sales technology in the travel industry. Dispute exceeds US$200 million (AAA/ICDR arbitration, San Francisco seat, California law.)
• Sole arbitrator in sales of goods dispute in AAA arbitration (AAA Arbitration; Sacramento seat, California law.)
• Sole arbitrator in AAA / ICDR arbitration involving American company against Brazilian company for breach of contract claim. (ICDR arbitration, New York seat, New York law.)
• Co-Arbitrator in 3-person Tribunal (with Professor Gabrielle Kaufmann-Kohler and Carlos Bianchi) dealing with indemnity claims between household name global multinational companies. (AAA/ICDR arbitration, New York seat, New York law.)
• Co-arbitrator in dispute between US and Chinese investors in US and Chinese joint venture companies in AAA / ICDR arbitration proceeding seated in Nevada in dispute involving medical industry. (AAA/ICDR arbitration, Nevada seat, governing law not yet determined on specific issues.)
• Chair in 3-person Tribunal in ICC dispute between household-name Asian manufacturer and European company. (ICC Arbitration, Maui Hawaii seat, New York law.)
• Chair in 3-person Tribunal in ICC dispute between English and Asian companies in dispute involving power project in South East Asia. (ICC Arbitration, London seat, South East Asian country law.)
• Chair in shareholder dispute involving obligations arising out of share purchase agreement. (HKIAC-administered arbitration, Hong Kong seat, New York law.)
• Sole arbitrator in HKIAC arbitration involving the sale and purchase of helicopters between a Chinese buyer and U.S. manufacturer. (HKIAC arbitration, Portland Oregon seat, Oregon law.)
• Sole arbitrator in ICC dispute between US and Canadian companies where US$10m is in dispute. (ICC Arbitration, Albany New York seat, New York law.)
• Sole arbitrator in UNCITRAL arbitration between Chinese and U.S. parties in dispute over commissions and royalties stemming from investment contract. (UNCITRAL arbitration, Hong Kong seat, California law.) 
• Sole arbitrator in ICC arbitration involving product defect and indemnity claims in sale and purchase agreement involving materials used to manufacture drilling equipment for oil wells. (ICC arbitration, Singapore seat, New York law.)
• Sole arbitrator in ICC arbitration involving breach of contract claims between North American and South East Asian entities in the aviation industry. (ICC arbitration, New York seat, New York law.)
• Sole arbitrator in contractual dispute brought by chief executive officer against country club. (SIAC arbitration, Singapore seat, Singapore law.)

• Acted as expert on California law in SIAC arbitration seated in Singapore involving dispute over termination of distribution agreement. (SIAC Arbitration; Singapore Seat; California law.)
• Acted as expert on Singapore law on enforcement of arbitration agreements in Singapore seated cases in dispute worth hundreds of millions between major oil companies. (ICC Arbitration, Singapore seat, Iranian law.)

• Currently counsel for Turkish construction company BM Holding in an ICSID arbitration against the United Arab Emirates under the Turkish-UAE bilateral investment treaty. The dispute arises out of the UAE’s judiciary’s conduct and treatment of BM Holding’s domestic claims against the Municipality of Abu Dhabi relating to BM Holding’s work on a land reclamation project to erect an external seawall, construct roads and related works to support Corniche Road, a critical transportation artery and central feature of the Abu Dhabi waterfront. In total, $65 million, plus significant pre-award interest, is in dispute.
• Teach international investment law and investor-state disputes at Stanford Law School.
• Retained by international construction company to file ICSID arbitration against Middle-Eastern state for various treaty breaches.
• Advised investor on claims against Central Asian country in respect of US$300m investment.
• Advised on claims against Central American country in relation to expropriation of resort worth US$195m.
• Advised investor on claims against South East Asian country with respect to a US$10m investment in manufacturing plant.