Litigation in Asia

Experience

    • The Republic of Korea in ICSID arbitration filed by IPICI and Hanocal.
    • Macau-based Sanum Investments and Netherlands-based Lao Holdings, NV in bilateral investment treaty arbitration claims against the Government of Laos.
    • A Southeast Asian bank in a post-acquisition dispute, under which the governing agreement was subject to arbitration in the Singapore International Arbitration Centre.
    • CIMC Raffles in an AAA arbitration brought against a Brazilian company arising from investment agreements and in enforcement proceedings in NY federal court that successfully led to full payment of the award to our client.
    • Hyundai Heavy Industries in an ICC arbitration involving disputes between the shareholders of Hyundai Oilbank Ltd. (HDO), South Korea’s fourth largest oil refining and marketing company, winning the largest ICC award issued at the time and Global Arbitration Review’s "Arbitration Win of the Year" (2010).
    • A leading pharmaceutical company in FCPA matters in Taiwan, Vietnam, Thailand, China and Indonesia.
    • A leading oil & gas company in FCPA matters in Asia.
    • A US-based hedge fund in an LCIA arbitration and court action in multiple jurisdictions related to its Asian operations, leading to a favorable settlement.
    • A Hong Kong-based oil and gas exploration company in a dispute arising out of a Joint Operating Agreement (JOA) to develop and explore an Indonesian oil and gas block. The matter was resolved before commencement of ICC arbitration provided for in the JOA.
    • The former audit committee director of Satyam in multi-district securities class action litigation and related proceedings.
    • China Life and its directors in a securities class action filed in the Southern District of New York.
    • The Audit Committee and largest shareholder of a Chinese pharmaceutical company in U.S. securities laws matters.
    • An Asian steel manufacturer in winning a complete victory in an ICC arbitration, in which claimants sought damages in excess of $400 million for contract and tort claims arising from a failed M&A transaction.
    • Bharat Aluminum Company in defending a lawsuit filed in a U.S. court to confirm a foreign arbitral award.
    • An international development bank in arbitration clauses and matters relating to its immunities from suit and execution.
    • A Korean company with its American depositary shares quoted on the Nasdaq National Market, and certain of its officers and directors, in a securities class action suit.
    • Korea Asset Management Corporation, an organ of the Korean government, in a derivative action in New York, successfully obtaining dismissal under the Foreign Sovereign Immunities Act (FSIA) and defending the lower court's FSIA dismissal by summary order on appeal to the Second Circuit Court of Appeals.
    • An international asset management firm in the enforcement of arbitral awards and judgments against sovereign debt of North Korea.
    • Siemens’ Audit Committee in a worldwide investigation into possible corrupt payments to government officials leading to an early settlement with the U.S. and German authorities.
    • An industrial conglomerate in claims alleging breach of a non-compete provision in the joint venture agreement of a Japanese joint venture, involving a possible ICC arbitration in New York.
    • Bank of New York in a successful arbitration arising from a financial services joint venture.
    • A major industrial conglomerate in FCPA advice relating to its joint venture operations in Korea.
    • Dresdner Bank, Barclays Capital, Mizuho Corporate Bank, and Saudi American Bank in BIT claims based on the Saudi Kingdom's apparent repudiation of obligations to pay over $900 million under Saudi-law assignments.
    • A Japanese shareholder in a Brazilian mining company in a dispute arising from a shareholders’ agreement.
    • Activ G.P. Co., the general partner of Activ Investments Fund L.P., in an investment management dispute with Activ Investment Partners, Ltd.
    • Waterford Partners, LLC in a dispute with Bangladesh arising from claims of expropriation and unlawful treatment of an investment under U.S.-Bangladesh BIT in relation to shares in E-TV.
    • Sithe Energies in the impact of the threatened bankruptcy of Washington Group International on Sithe's San Roque project, a Philippine hydroelectric project.
    • A global financial institution in an arbitration relating to their investment in a Korean computer customer support company.