DOMESTIC & INTERNATIONAL ARBITRATION
Schiffer Odom Hicks & Johnson has a dynamic arbitration practice, representing both foreign and domestic clients in matters ranging from complex international disputes to industry-specific domestic U.S. disputes arbitrated under specialized rules. The depth and breadth of our international arbitration experience are unique among boutique law firms and enable us to compete successfully against larger, international firms. Our lawyers are experienced at all stages of dispute resolution from risk assessment through recognition and enforcement of the final award.
In addition to acting as advocates in arbitrations, SOHJ lawyers represent clients in U.S. judicial proceedings ancillary to domestic and international arbitration proceedings, including motions to compel arbitration, applications for interim relief, and proceedings to confirm or vacate arbitral awards. We also assist clients with establishing strategic and cost-effective dispute resolution and avoidance programs, and draft arbitration clauses for commercial contracts.
INTERNATIONAL ARBITRATION
In the international arena, we have handled disputes arising in Argentina, China, Egypt, the Former Soviet Union, India, Mexico, Peru, Trinidad and Tobago and Turkey, and decided under the substantive laws of Argentina, England, Mexico, Russia, Trinidad and Turkey, and principles of international law.
Our lawyers have served as lead counsel in important and successful arbitrations involving a wide variety of commercial disputes, arguing cases under all major international rules, including the ICC, ICDR, ICSID, LCIA, and UNCITRAL.
DOMESTIC ARBITRATION
On the domestic front, our arbitrations have concerned disputes arising in numerous states, including ones decided under the laws of Florida, Louisiana, Nevada, New York, Oklahoma, Washington, and Texas, among others. We have successfully argued cases involving such diverse matters as joint operating agreements, farm-ins, long-term supply agreements, asset purchase agreements, construction projects, hospital management contracts, seismic data usage agreements, professional negligence claims, and a wide variety of other issues.
RECOGNIZED LEADERS
Our lawyers are recognized leaders. Adam Schiffer, who formerly co-chaired the International Arbitration practice group at King & Spalding, has been acknowledged as a premier commercial arbitration lawyer by Chambers USA and Who’s Who Legal, and other respected publications. Al Odom, Andy Hicks, Logan Johnson and Kenneth Held each possess similarly impressive reputations, having represented both claimants and respondents in numerous arbitrations across a wide variety of industry sectors including the energy, construction, healthcare, and telecommunications industries, as well as others.
REPRESENTATIVE MATTERS:
INTERNATIONAL ARBITRATION
- Represented a multinational engineering, construction and services company as claimant in a $215 million ICC arbitration concerning the client’s construction of an offshore drilling platform.
- Represented the claimant, a major energy company, in a breach of farm-in agreement arbitration. Obtained a $71 million award in this AAA-International arbitration.
- Served as co-counsel for the claimant in an ICSID arbitration concerning the loss of an investment in Argentina for which our client sought to recover approximately $200 million. The tribunal awarded our client approximately $70 million, and concluded that Argentina breached the bilateral investment treaty between the Republic of Argentina and the United States by failing to accord fair and equitable treatment to our client’s investment.
- Represented a contractor in an international arbitration in which we recovered $91 million in damages for owner-caused changes and delays.
- Represented the claimant in an ICC arbitration related to the breach of a contract involving the distribution of electricity in Turkey. We obtained an award of $28 million.
- Represented the claimant, an international engineering and construction firm, in an ad hoc arbitration in Oslo, Norway. Our client sought to recover a $90 million bonus under an amendment to a construction contract.
- Represented the claimant, a multinational offshore surveying company, in a breach of warranty action against the manufacturer of a deep-sea surveying system in an AAA-International (ICDR) arbitration. We obtained an award in excess of the contractual limits.
- Represented the respondent in an ICC arbitration related to the construction of a power plant in Peru. We recovered approximately $10 million for our client on its counterclaim; the claimant recovered nothing.
- Represented the respondent in an ICC arbitration related to the sale of a hazardous waste facility in Mexico. The claimant alleged that our client breached environmental representations/warranties and failed to meet the contractual EBITDA target.
DOMESTIC ARBITRATION
- Represented the respondent engineering firm in an ad hoc construction arbitration. The claimant, the owner of the offshore production platform at issue, sought $67 million for reimbursement of expenses associated with certain warranty repairs and for deferred production damages. The tribunal awarded the claimant $6.5 in warranty expenses – substantially less than half of respondent’s last offer of settlement to avoid arbitration.
- Represented the claimant, a national managed care organization, in a multimillion-dollar breach of contract claim before the AAA. We obtained a confidential but favorable settlement for our client.
- Defended a major oil company in an AAA-administered arbitration related to preferential rights to purchase several oil and gas fields and the sale of several hundred miles of related seismic data. W obtained a complete win for our client, with the claimant recovering nothing on its claim.
- Represented the respondent construction company in an AAA-administered arbitration in which the claimant sought approximately $19 million in delay damages on an offshore platform construction project. Our client stipulated to liability for delay but opposed the claimant’s alleged damages, instead offering evidence that the claimant’s damages were approximately $6 million. The tribunal awarded the claimant $6.2 million.
- Represented the claimant, a national hospital developer, in a $23 million dispute regarding the alleged mismanagement of a hospital. We asserted claims for breach of contract, fraud, and negligent misrepresentation, and obtained a favorable (but confidential) settlement for our client.
- Defended an offshore platform engineering firm in an AAA arbitration related to wrongful termination claims of a former executive. We obtained a take-nothing award for our client and recovered our attorneys’ fees and costs.
- Representing an individual in a partnership dispute related to the allocation of profits from a wealth management firm in an AAA arbitration, we assisted our client in obtaining a buyout of his interests on favorable terms.
Domestic & International Reach
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SOHJ U.S. Offices
Houston:
700 Louisiana, Suite 2650
Houston, TX 77002
Tel: 713.357.5150
Fax: 713.357.5160
Map & DirectionsSeattle:
701 Fifth Avenue, Suite 4200
Seattle, Washington 98104
Tel: 206.262.7677
Fax: 206.262.8001
Map & Directions