Globalization has opened up exciting new opportunities for our clients to enter new markets all over the world. Unfortunately, some exciting new opportunities end up in disputes that are anything but exciting. Bradley’s International Construction Contract Negotiation, Administration, Dispute Avoidance, and Resolution experience has earned our practice group an outstanding reputation for successful representation of clients involved in high-stakes cross-border transactions and international disputes. 

Our lawyers are leaders in this area, offering in-depth knowledge of and experience with the issues that make cross-border disputes so complex. We strive to be problem solvers who identify the potential risks in advance and arm our clients with strategies to avoid them. We have a successful track record with a wide array of clients, from individuals to multinational corporations, across many industries. Because of Bradley’s depth in other areas, we have deep knowledge and skill to call on for advice about taxes, corporate transactions, mergers, and acquisitions. 

The choice of law, venue, and dispute resolution procedure all may influence the outcome of a cross-border dispute. Clients turn to us for strategic advice when they enter new markets, so we can help them get the right contracts and contractual dispute resolution procedures in place to assure a fair proceeding if formal dispute resolution procedures must be invoked. We offer risk management advice, insurance advice, and risk audits to help clients identify and plan for pitfalls that may be lurking in their cross-border enterprises. 

As disputes develop and mature, we help clients assess the strength of their positions early, so they can make informed decisions about whether to resolve the dispute or escalate it. We frequently assist clients in formulating their positions, writing letters, and preparing for important meetings, in real time, so they can stake out suitable, business-oriented positions in the early stages of a dispute. If a dispute escalates into arbitration or litigation, we can call upon a wealth of experience in selecting international arbitrators, mediators, or early evaluation neutrals; conducting international arbitration proceedings or assisting with court proceedings where arbitration is not prescribed; and obtaining enforcement of arbitral awards. 

Our experience extends to a wide array of forums and rules, including the International Chamber of Commerce (ICC), International Center for Dispute Resolution (ICDR), London Court of International Arbitration (LCIA), Stockholm Chamber of Commerce, Hong Kong International Arbitration Centre (HKIAC), Singapore Arbitration Centre (SIAC), and China International Economic and Trade Arbitration Commission. Our clients are often surprised to see substantial differences between arbitration proceedings in the United States and arbitrations conducted under the rules adopted by these different international arbitral organizations. We have the experience to understand and appreciate these differences, and to assure that we help our clients prepare their case to increase the likelihood of a favorable outcome under whatever rules apply. 

We are also familiar with unique legal compliance challenges associated with cross-border transactions, such as complying with the UK Bribery Act of 2010, U.S. Foreign Corrupt Practices Act of 1977, and a wide array of other laws aimed at curbing other abuses such as international slave trafficking. In addition to dealing with investigations or formal proceedings that may arise from these laws, we help our clients prepare compliance programs and then conduct audits to test whether their programs are performing as intended. 

Much of our practice focuses on international construction projects, including U.S. government projects, international insurance disputes, and international energy projects (solar, hydroelectric, and fossil fuel projects). In these matters and others, we assist with a broad range of issues, including:

  • General commercial disputes
  • Construction contracts, including the 1999 “Rainbow Suite” of FIDIC contracts
  • Concession and privatization agreements
  • Industrial projects
  • Process plants
  • Infrastructure projects
  • Embassies, consulates, and military bases
  • Insurance and reinsurance arrangements
  • Joint venture agreements and joint venture disputes
  • Licensing and distribution agreements
  • Intellectual property issues
  • Complex financial transactions
  • Iraq: Represented an American firm in an ICDR proceeding against a Kuwaiti subcontractor involving Iraq war logistical support.
  • China: Represented a client in international arbitration in Beijing concerning product liability claims; represented the joint venture that constructed a major embassy project in China.
  • Numerous countries: Represented the U.S. builder of embassies in a number of countries, most recently South Africa, assisting with currency issues, licensing issues, subcontract negotiations, contract administration, and, in a few cases, formal dispute resolution.
  • United Kingdom: Successfully prosecuted a London arbitration against a Bermuda-based insurance company over the meaning of specialized policy terms.
  • Germany: Represented a major distributor of musical instruments in arbitration arising out of termination of its agreement with its German distributor.
  • United Kingdom: Successfully initiated proceedings in London’s Technology and Construction Court on behalf of a contractor, involving a major LPNG project in Africa.
  • DR and Mexico: Initiated related claims against a transformer manufacturer in the Dominican Republic and in Mexico.
  • Mexico: Successfully arbitrated multiple construction disputes between U.S. contractors and Mexican subcontractors arising out of cross-border construction projects.
  • Taiwan: Successfully arbitrated substantial case arising out of a military base project in Taiwan.
  • Jordan: Representing U.S. contractor in connection with closing out major solar project in Jordan.
  • Aruba: Represented U.S. contractor with claim preparation and litigation in Aruban courts regarding the construction of a coke handling facility.
  • Canada: Represented U.S. contractor and its subsidiary in a party-administered contract dispute arbitration under the Canadian Arbitration Act.
  • United Kingdom: Represented U.S. mining company in a dispute regarding the purchase of coal by an Egyptian corporation; arbitration filed in the International Court of Arbitration and decided under Rules of the International Chamber of Commerce.
  • Japan: Represented trading and energy conglomerate in a dispute with a Colombian corporation concerning the construction of a dam
  • Panama: Represented owner entity in pursuit of claims against the contractor after the collapse of a hydro-power tunnel
  • Chile: Represented EPC contractor in administering construction of a solar power farm in Chile
  • Canada: Pursued EPC Canadian contractor on behalf of Canadian EPC sub-contractor in a Canadian arbitration forum, seeking recovery of cost overruns during construction of a solar farm in northern Ontario
  • Taiwan: Favorably defended GC when a subcontractor brought $100 million in claims with respect to construction of a large project on Taiwan, tried before an ICDR panel.
  • Indonesia: Assisting GC with drafting REA arising out of construction for U.S. government in Indonesia.
  • Kyrgyzstan: Assisted client with negotiated resolution of warranty claims by government of Kyrgyzstan related to construction of air traffic control towers.
  • Qatar: Currently assisting and previously assisted turnkey general contractor in negotiation of design and construction subcontracts for significant and varied projects for the government of Qatar.