International & Transnational Litigation

Experience

    • OJSC Norilsk Nickel MMC and Interros International Investments Limited in a dispute with United Company Rusal, including LCIA arbitration proceedings and related court litigation in the United States, England, Russia, Switzerland, St. Kitts & Nevis and The Netherlands.
    • British Caribbean Bank Ltd, in successfully defending anti-arbitration injunction proceedings brought by the Government of Belize to avoid arbitration under a BIT in the courts of Belize and the Caribbean Court of Justice (before which Debevoise is believed to have been the first non-Caribbean firm to argue a case).
    • An Asian government in an inter-state treaty dispute in an ad hoc international arbitration under the auspices of the Permanent Court of Arbitration.
    • Ust-Kamenogorsk Hydropower Plant, a subsidiary of Samruk Energy, as advocates to the appellant in the UK Supreme Court on a landmark arbitration appeal to determine whether the English Court has jurisdiction to grant an anti-suit injunction in circumstances where no arbitration is intended or in prospect.
    • The Attorney-General of St. Kitts and Nevis in the Eastern Caribbean Supreme Court (St. Kitts and Nevis) and Court of Appeal in constitutional proceedings brought against the Government by Members of Parliament seeking to carry a motion of no confidence in the Government.
    • A major shareholder in a publicly traded Russian joint stock company in LCIA proceedings commenced by another major shareholder involving claims of breach of an understanding between the parties relating to that company. Our representation has expanded to include defense of two 28 USC ยง 1782 applications in the U.S., a discovery application in England and related court litigation in Nevis.
    • Korea Asset Management Corporation, an organ of the Korean government, in a derivative action originally brought in New York state court. After removing the case to the Southern District of New York, Debevoise successfully moved for dismissal under the Foreign Sovereign Immunities Act (FSIA). The plaintiff thereafter appealed to the Second Circuit Court of Appeals where oral argument took place in June 2006. In July 2006, the Court affirmed the lower court's FSIA dismissal by summary order.
    • A Caribbean-based investor in Republic of Argentina bonds against Argentina in a lawsuit arising out of its debt default, as to which we obtained a judgment for our client of more than $700 million.
    • General Electric in winning a claim against a German engineering company in U.S. federal court.
    • A German accounting firm in a fraud action in New York State Court alleging negligent misrepresentation and RICO violations relating to its audit of another German company. We were able to win complete dismissal, on the grounds of forum non conveniens.