MSK’s international disputes practice gives emphasis to international arbitration, cross-border litigation, and international trade matters. We represent private parties and sovereign governments in US courts and before international arbitral tribunals (ICSID, ICC, ICDR, and UNCITRAL) in high-stakes complex matters. Our team of experts also provide advice and counsel in the area of international regulatory compliance and enforcement matters involving customs, export controls, and sanctions.
Representation of both investors and states in arbitration arising out of bilateral investment treaties (BITs), multilateral investment treaties (such as NAFTA, CAFTA-DR, and the Energy Charter Treaty), investment agreements, and domestic investment laws.
international commercial arbitration
We have successfully represented corporate clients and individuals in a wide array of industries, and involving the substantive laws of numerous jurisdictions.
We have extensive experience successfully litigating cross-border disputes in federal court. This includes lawsuits involving sovereign governments under the Foreign Sovereign Immunities Act; actions to confirm and enforce arbitration awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and, in collaboration with foreign counsel, disputes involving failed investments, ruptured transactions, and other business disputes arising in foreign jurisdictions.
- Orkin v. Swiss Confederation and Museum Oskar Reinhart am Stadtgarten, 770 F. Supp. 2d 612 (2011)., S.D.N.Y.), aff’d 444 F. App’x 469, 471 (2d Cir. 2011). – obtained dismissal on FSIA grounds of suit for possession of a Van Gogh drawing sold by plaintiff’s grandmother in Berlin in 1933 to a Swiss collector and eventually bequeathed to the Swiss government. Complaint alleged the drawing was a "flight asset" (sold to finance a Jewish family’s escape from Nazi-controlled Germany) for which good title could not be acquired under international law.
- Collaborated with a team of partners and associates representing Ecuador in a PCA investor-state treaty arbitration. Chevron claims Ecuador should pay a $9 billion judgment against Chevron issued by Ecuadorian courts in an environmental suit, plus Chevron’s legal fees reportedly in the range of $1-2 billion. Chevron Corp. and Texaco Petroleum v. Ecuador (PCA Case No. 2009-13).
- Lead appellate counsel for a U.S. investor in Ecuadorian aqua-culture business in appeal from district court judgment recognizing and enforcing ICC arbitral award rendered by sole arbitrator, Horacio Grigera-Naon. Object of appeal was remand for discovery to explore arbitrator’s failure to disclose ties to opposing party’s arbitration counsel, Federal Deposit Insurance Corporation, as Receiver for Republic Federal Bank, N.A. v. IIG Capital LLC, No. 12-10686 (11th Cir. 2013).
- Lead counsel representing the Israeli manager of Las Vegas-based real estate limited partnerships in an ICDR arbitration brought by one of Israel’s largest construction magnates. Joined case as lead counsel after sole arbitrator resigned on self-created conflict of interest following five years of arbitration. Obtained dismissal of all claims against client and award of $1 million in legal fees, which were collected. Yossi Avrahami v. Dotan Melech, Claim 50-181-T00078-08 (ICDR 2012).
- Chambers Global Guide 2022 , March 3, 2022
- Chambers USA, May 20, 2021
- November 2020
- Chambers USA , April 23, 2020
- July 3, 2019
- April 25, 2019
- March 2019
- October 31, 2018
- May 3, 2018
- January 4, 2018
- October 20, 2017
- October 10, 2017
- August 28, 2017
- July 16, 2017
- May 26, 2017
- Alexandra "Xander" Meise Featured in Global Arbitration Review, the Washington Business Journal, and The Washington PostApril 13, 2017
- December 2, 2016
- December 1, 2016
- November 27, 2016
- November 21, 2016
- November 18, 2016
- November 18, 2016
- November 17, 2016
- June 2, 2016
- May 30, 2016
- Mark Bravin Featured in GAR, Washington Business Journal, The American Lawyer, Thomson Reuters Westlaw and moreMay 19, 2016
- May 9, 2016
- The Hill, April 20, 2016
- The Hill, September 17, 2014
- April 28, 2020
- Hague Service Convention Out of Reach for Foreign Parties Who Select California Arbitration Forum and Agree to Informal Notice of Suit MethodsApril 10, 2020
- July 27, 2017
Events & Speaking Engagements
- February 14, 2019
- December 10, 2018
- October 26, 2018
- Expropriation: Elements, Defenses and New Developments, CCSI Executive Training on Investment Treaties and Arbitration for Government OfficialsJuly 31, 2018
- April 18, 2018
- April 18, 2018
- Third-Party Funding in International Commercialand Investment Arbitration, Chartered Institute of Arbitrators (CIArb) Annual ConferenceApril 3, 2018
- Practical Strategies in the Arbitration of International Disputes Involving State-Owned Entities, Chartered Institute of Arbitrators (CIArb) Annual ConferenceApril 3, 2018
- Conformity and Creativity In Rules Of International Arbitration: Should Arbitral Institutions Be Choosing A Path Of Convergence?, Women’s Bar Association (of Washington, DC)July 13, 2017
- July 10, 2017
- ConLaw 101: How Lawyers Can Help You Save America, 2017 Truman National Security Project Annual ConferenceJune 25, 2017
- October 26, 2016
- The TransPacific Partnership and the Politics of International Arbitration, Dickinson Law School (Penn State University)January 29, 2016
- Anatomy of an International Trade Case, Metals Service Center Institute, MSCI Economic Summit 2016, Schaumburg, IllinoisSeptember 10, 2015
- Investment Arbitration and WTO Litigation at Crossroads, Madrid Arbitration Day II, Universidad Pontificia Comillas, Madrid, SpainMay 22, 2015