Whiteford provides representation in international arbitration, transnational litigation and alternative dispute resolution for multinational companies, private investors, individuals, state instrumentalities, government contractors, and sovereign entities.
Drawing on deep experience in both common law and civil law traditions, Whiteford has particular strength in disputes connected to the Middle East, North Africa, South and Central Asia and Africa. Our clients include corporations, institutional investors, multilateral lenders, government contractors and private individuals navigating complex international disputes.
Serving as advocates and arbitrators, we handle matters in complex commercial, investor-state and public international law disputes before the world's leading arbitral institutions and under the major arbitral rules, including the American Arbitration Association/International Centre for Dispute Resolution (AAA/ICDR), International Chamber of Commerce (ICC), International Centre for Settlement of Investment Disputes (ICSID), London Court of International Arbitration (LCIA), Permanent Court of Arbitration (PCA), Dubai International Arbitration Centre (DIAC), Saudi Center for Commercial Arbitration (SCCA), Cairo Regional Centre for International Commercial Arbitration (CRCICA), JAMS, World Intellectual Property Organization (WIPO), and the UN Commission on International Trade Law (UNCITRAL).
Our practice includes attorneys who are highly ranked international arbitration leaders and are regularly appointed as arbitrators in significant international arbitration disputes. Applying governing laws of the United States, Europe and the Arab Middle East, we bring a multilingual, multi-jurisdictional perspective to each engagement. Whether a dispute arises from a cross-border joint venture, a construction project, an energy investment or a technology licensing arrangement, we work to deliver efficient, commercially practical results for our clients. We also represent our clients before federal and state courts across the United States, in arbitration-related proceedings, including parallel proceeding (such as anti-suit injunctions or discovery actions), or post-award proceedings (such as enforcing or setting aside arbitral awards).
Commercial and Investment Arbitration
Our experience as advisors and advocates includes all of the following:
- International commercial arbitration, including disputes arising from joint ventures, agency and distribution agreements, partnership and shareholder arrangements, mergers and acquisitions and complex multi-party transactions;
- Investor-state dispute resolution, including proceedings before the International Centre for Settlement of Investment Disputes (ICSID) and claims involving denial of justice, expropriation and foreign direct investment protections;
- Third-party funding advisory, including structuring and advising on funding arrangements for international arbitration and ICSID claims;
- Disputes spanning key industry sectors, including construction, engineering and infrastructure; energy, oil and gas, and mining; banking and finance; telecommunications and technology; private equity and investment funds; real estate and property development; insurance and reinsurance; Islamic financial laws; securities; digital assets and cryptocurrency; and intellectual property.
Arbitration-Related Court Proceedings
International arbitration often requires coordinated action in national courts. Our arbitration-related litigation practice encompasses:
- Parallel Court Proceedings, including:
- Motions to compel or stay arbitration;
- Anti-suit injunctions to protect the integrity of arbitral proceedings;
- International discovery and evidence gathering in aid of arbitration.
- Post-Award Proceedings, including:
- Recognition and Enforcement of foreign arbitral awards;
- Annulment proceedings and challenges to arbitral awards;
- Attachment and preservation of assets in aid of executing the awards.
Arbitrator Services
We serve as arbitrators — sole, party-appointed and presiding — in complex commercial disputes under major institutional rules, applying a diverse array of governing laws. We are listed on the rosters of AAA/ICDR, DIAC, SCCA and WIPO and serve as a member of the International Court of Arbitration for Afghanistan.
Mediation and Alternative Dispute Resolution
We also assist clients in resolving cross-border disputes through mediation and other forms of alternative dispute resolution, helping to achieve negotiated outcomes where possible and preserving important commercial relationships.
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