Notable Representations, Key Contacts
International Commercial Arbitration | Investor-State Arbitration | CFIUS | Other Dispute Resolution | Sanctions/Export Control Compliance/Regulatory Investigations | Trade Policy Counseling and Advocacy | Trade Remedy Investigations and Reviews | Representative Experience
Drawing on a global team of more than 30 lawyers, Weil represents both private and government clients in high-stakes and cutting-edge international arbitrations. Our team of talented, culturally and geographically diverse practitioners is well known not only for its arbitration expertise, but also for its experience in alternative dispute resolution techniques and political advocacy, which enable us to achieve exceptional, creative solutions for our clients in jurisdictions around the world.
The lawyers on our team combine trial experience, deep knowledge of international arbitration law and procedure, experience across a broad range of industries and substantive areas of law, and the ability to work fluently in multiple different languages. We are skilled and creative negotiators who understand and focus relentlessly on our clients’ goals, and often achieve successful early resolution of disputes.
- We have tried and won arbitrations under all the major arbitral rules, including: ICC; ICSID; LCIA; ICDR; AAA; SCC; HKIAC; SIAC; as well as numerous ad hoc arbitrations under UNCITRAL and other rules.
- We have experience in a broad range of sectors, including energy, oil and gas, power and renewables, life sciences, media and telecommunications, mining, financial services, hospitality, and renewable resources such as lumber.
- Our team includes lawyers who have held high-ranking government positions and sat as arbitrators.
Principal Areas of Expertise
International Commercial Arbitration: The diversity of our practice in international commercial arbitration and our more than four decades of success help distinguish Weil. We combine substantial knowledge of the law of international arbitration with deep knowledge of the substantive law, industry, and region at issue in each of our cases.
Investor-State Arbitration: We have successfully represented 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. We combine a substantive understanding of international investment law with skills in arbitral advocacy, a deep understanding of the political and commercial settings in which these cases arise, and extensive experience in successfully resolving these cases – both by arbitrating them to conclusion and by negotiating settlements. Importantly, we have handled not only investor-state arbitration cases through to award, but also ICSID annulment proceedings and other post-award challenges, as well as recognition and enforcement proceedings. Additionally, as elaborated further below, our attorneys draw upon distinguished tenure in government, during which they negotiated some of the most significant investment treaties in the world.
Weil partners with clients to manage the full spectrum of risks associated with the movement of goods, services and capital across national borders. The international trade legal environment is changing in significant ways, with a proliferation of tariffs on imported goods, an increased use of economic and financial sanctions, and closer regulatory scrutiny of mergers and acquisitions and other cross-border investments. In determining how best to manage global operations, clients must navigate a web of international agreements, tariff policies, customs rules, trade remedy proceedings, export controls, sanctions laws, and investment rules.
Weil is distinctly well qualified to counsel global public and private companies, as well as investors, on how best to manage risk and maximize advantage in this environment. Our International Trade lawyers stand out for the breadth of their expertise and experience, working on matters relating to both importation and exportation as well as cross-border investment and trade- and investment-related dispute settlement.
Weil’s International Trade practice is led by Ted Posner, who previously served in senior positions in the U.S. House of Representatives, the U.S. Senate, the Office of the U.S. Trade Representative, and the National Security Council. Having drafted trade legislation, negotiated trade agreements, and represented the United States in high-stakes government-to-government litigation at the World Trade Organization, Mr. Posner draws on a wealth of experience in leading a team that brings to bear diverse perspectives in developing and deploying solutions for clients in the dispute settlement, transaction, and regulatory compliance planning contexts.
Principal Areas of Expertise
Committee on Foreign Investment in the United States Review (CFIUS): Advising U.S. businesses and foreign investors on issues related to national security reviews of investments in a variety of sectors, including energy, telecom, manufacturing, infrastructure, transportation, information technology, and financial services. Much of our experience involves complicated regulatory facts, “neighboring” regulatory processes alongside CFIUS – including the International Traffic in Arms Regulations (ITAR), Team Telecom, and DOD-managed foreign ownership, control, and influence (FOCI) mitigation – as well as unusual circumstances, such as bankruptcy proceedings and restructurings that could involve investments by foreign creditors. Since 2012, we have handled dozens of CFIUS reviews and counseled clients on managing CFIUS-related risk in numerous transactions.
Dispute Resolution: Representing clients in resolving disputes arising under treaties and other international agreements, including before investment treaty tribunals, WTO dispute settlement panels, and dispute settlement panels formed under NAFTA and other free trade agreements. Additionally, our International Trade lawyers represent clients in trade cases arising under U.S. law before the U.S. Court of International Trade and U.S. Court of Appeals for the Federal Circuit.
Sanctions and Export Control Compliance and Other Regulatory Investigations: Counseling clients on compliance with sanctions, export control, and anti-boycott laws, including drafting and implementing policies and procedures, representing clients in making voluntary self-disclosures to the Office of Foreign Assets Control (OFAC) and other enforcement agencies, seeking licenses and interpretive guidance from enforcement agencies, and advising on legal constraints relevant to individual transactions. Working together with partners in our White Collar Defense, Regulatory and Investigations practice, we also advise clients in investigations pertaining to the U.S. Foreign Corrupt Practices Act (FCPA) and U.S. anti-money laundering (AML) regulations, as well as other anti-bribery statutes. For more information please see our White Collar Defense practice page.
Trade Policy Counseling and Advocacy: A lot rides on the details of trade agreement negotiations, product coverage in tariff programs and trade preference programs, and the implementation of trade legislation. We counsel clients on how to advance their interests in these processes and work with them to make their voices heard by government officials.
Trade Remedy Investigations and Reviews: Representing clients in anti-dumping (AD), countervailing duty (CVD) and safeguards investigations and reviews before the Department of Commerce (DOC) and the International Trade Commission.
International Arbitrations and Trade Litigation
Weil obtained a successful result in an ad hoc arbitration under UNCITRAL rules in relation to a billion-dollar investment in networks of telecommunication masts, towers, tower sites and in-building telecommunication devices in Africa. The claim related to an alleged failure to commit funding towards the investment in accordance with the terms of a Shareholders’ Agreement, which, it was claimed, caused the deal to collapse thereby causing substantial loss and damage. The arbitration took place in 2018 and an award was handed down in September 2018. A settlement agreement was subsequently entered into, which resulted in our client recovering the entirety of its costs of the arbitration. Weil also advised in relation to parallel English Court proceedings, which were withdrawn as part of the settlement agreement.
Administrative and Legislative Trade Matters
- Canada Pension Plan Investment Board in the CFIUS review of its investment, as a consortium member, in Ultimate Software Group, Inc.
- Canada Pension Plan Investment Board in the CFIUS review of its minority investment as part of a consortium, in Thomson Reuters’ Financial & Risk business (n/k/a Refinitiv.)
Sources describe the international arbitration team as “clever, client focused and well organized.”
Legal 500 UK 2020
Weil is recognized as a “Leading” firm for both International Arbitration and International Trade.
Legal 500 US 2020
Sources say “‘the firm is top-notch, very experienced, and pays a lot of attention to detail. The team members are hands-on and very thorough in their analysis on how to approach matters.”
Legal 500 US 2020
Ranked among the top 20 law firms in the world for Dispute Resolution
Chambers Global 2013 – 2017
Finalist for International Arbitration Team of the Year
Legal Business Awards 2017
Our practice and its lawyers have been consistently recognized as among the leaders in International Arbitration and Trade
Chambers USA 2005 – 2020
Weil's "smart and savvy," "broad-based team provides 'high quality advice...[and] displays an excellent knowledge of the relevant law and policy.'”
Legal 500 US 2018-2019
Weil, Gotshal & Manges LLP’s team is undoubtedly best known for the ‘thoughtful and responsive’ advice it provides on CFIUS clearance work.”
Legal 500 US 2017