Dispute Resolution

Knowledge

Over their many combined years in the practice of law, Tim Scrantom and Frederick Dulles have been involved in the resolution of some of the largest and most complex international disputes in history, including the multi-continental litigation arising from Philip Morris's investment in Rothmans International and the Pan Am World Airways' and Lloyds' claims in Scotland arising out of the bombing of Pan Am 103 over Lockerbie. Many of our engagements were not only multinational in scope, but involved proceedings pending in multiple countries. These engagements often have involved claims for hundreds of millions of dollars. We are at home working in the orchestration, design, and management of parallel litigations and developing cross-border pre-litigation strategies.

We frequently have been engaged to assist in international litigation and arbitration as either special counsel or expert witness on public international law, conflicts of law, English law, or choice of law issues. We have worked with, alongside, or against many of the major law firms and court advocates in the world and have been actively involved in litigation or arbitrations in over 25 countries.

We have settled scores of significant multijurisdictional disputes. With formidable experience in the process and economics of litigation finance, we are ideal "settlement agents," working alongside the legal team to bring about cost-efficient results. We approach international dispute litigation as an economic project - choosing the right team to accomplish a defined result within a precise budget in a manageable period of time. To us, a good outcome is an efficient return on the investment in the resolution of the dispute.

Complex International Litigation and Arbitration. Our involvement in a case might be as limited as advising on efficient techniques for international service of process or as complex as orchestrating diplomatic solutions to resolve claims against rogue governments.

Often the playing field for international disputes is global - claims can be filed and/or defended in different places and ways, including litigation, arbitration, and more exotic forums. Selecting the right first steps is crucial, and failing to anticipate the adversary's next moves in foreign court systems can be fatal.

Our foreign language capabilities and our foreign court admissions permit us to be involved in dispute resolution in many different countries around the world.

Public International Law. Over the past 25 years, our lawyers have advised lawyers, governments, and non-governmental organizations on international law issues and projects. We have drafted and advised on over a dozen international company, trust, banking, insurance, mutual fund, and fiscal legislation and treaties for various foreign governments. We have been engaged in numerous international economic development projects ranging from creating or implementing legislation for immigrant investor programs in North America to the design of free-trade and enterprise development zones in the Caribbean.

Experience

  • Acting as international law advisors in numerous terrorism cases, including those involving the Pan Am 103 Lockerbie bombing and other state sponsors of terrorism.
  • Acting as settlement counsel in connection with the insurance claims arising from the largest mid-air collision in history over the former Yugoslavia.
  • Representing a state-owned telecommunications company in a multijurisdictional dispute with INTELSAT.
  • Representing Fortune 500 companies in presenting claims before the U.S.-Iran Claims Tribunal in The Hague, Netherlands.
  • Providing strategic advice to lawyers representing foreign investor-immigrants (EB-5) in a landmark case against the U.S. Immigration and Naturalization Service (INS), resulting in Congressional action overturning regulatory decisions affecting the plaintiffs.
  • Advising on international service of process, discovery, and judgment enforcement issues in scores of U.S. cases in federal and state courts.
  • Acting as special international counsel in connection with investigations into the assets and activities of financial institutions involved in providing financial support to sponsors of terrorism.
  • Developing judgment collection strategies for NYSE companies holding defaulted sovereign debt.
  • Acting as specialist tax advisors in numerous U.S.-U.K. cross-border estate and business migration projects.
  • Mediating cases involving multinational parties in federal court in New York.
  • Mediating the dissolution of an internet service provider (assets>$500M) with operations in ten offshore jurisdictions.
  • Managing and coordinating a major European competition law case over two and a half years in the legal defense of the partial acquisition of a world-wide group of companies that was challenged before the European Commission and the German Federal Cartel Office.
  • Working with local counsel in the legal challenge on constitutional grounds in Sweden of government regulations that severely restricted marketing activities and achieving a partial pull back by the government.
  • Developing an arbitration structure and mechanism to resolve potential disputes in a major U.S.-Turkey investment and joint venture involving multiple agreements and contracts covering government and private parties, production, materials supply, trademarks, marketing, pricing and corporate governance.
  • Setting up a coordinated arrangement for multi-party action in potential product liability litigation in Switzerland based on international scientific bases in the context of local law and court procedures.
  • Participating in the resolution of hundreds of disputes with business counterparties in the Middle East, Asia, and Africa.
  • Advising in various international arbitrations and acting as an arbitrator in England.
  • Representing an English aristocrat in recovering multimillions of pounds sterling in a fraudulent high-yield investment program.
  • In the course of managing businesses in the litigation finance sector, our principals have examined and in many instances have led extensive due diligence efforts on hundreds of pending litigation and arbitration matters. In some international claim investments, we have led to the prosecution of the case acting, in effect, as outside general counsel to the claimholder. Many of these involved international arbitration claims seeking recovery of hundreds of millions of dollars. They bring those experiences to bear on evaluating the viability of complex international claim prosecutions and defenses.