ADR and Arbitration

Representative Matters

  • Defended Bermuda mutual insurer in arbitration regarding forfeiture of departing member's equity. Client retained former member's equity.

  • Obtained rescission of quota share treaty on behalf of reinsurer for cedent's fraudulent accounting and reporting of historical loss ratios, resulting in award of $28 million.

  • Represented engineering company in federal criminal investigation into violation of U.S. sanctions with respect to the building of a gas plant in Iran.

  • Represented insured warehouse operator that had been denied coverage for millions of dollars in losses arising out of major warehouse fire. Obtained recoveries from insured's primary and excess insurers and insurance broker.

  • Represented investors and senior officers in shareholder dispute over control of a Dutch holding company with operations in Poland. Clients maintained control of company with no forced, above-market buyout of dissenting shareholder.

  • Represented surety in major financial fraud litigation arising out of more than a billion dollars in performance bonds for Enron "round-trip" energy transactions. Case settled after closing arguments for a substantial discount on the bonds.

  • Won reinsurance arbitration award for cedent, wherein the panel awarded client $26 million in claims. Wrote and argued appeal in which Second Circuit reinstated an award of 100% of client’s attorney fees for opponent's bad faith conduct.

  • Prevailed in the defense of a corporate client at arbitration in discrimination action brought by a former employee as well as in subsequent litigation at the trial and appellate court levels.

  • Recovered on behalf of a financial institution hundreds of millions of dollars from accountants and insurance managers involved in finite reinsurance scheme.

  • For a large national bank, prosecuted a claim against a software vendor for fraud in the sale and delivery of a software product leading to a $3.4 million recovery of licensing fees and other costs.

  • Co-lead counsel for prominent maker of control systems for aircraft, marine and large industrial engines, in international contract and business tort arbitration against overseas engine packager (including extended arbitration hearing before International Centre for Dispute Resolution).