Kirton McConkie’s International Dispute Resolution practice offers arbitrator and mediator services as well as representation in international arbitration and litigation matters worldwide.
With a trusted and competent team of attorneys, we work with our clients to devise and implement strategies to achieve their goals and resolve their international disputes, whether in arbitration or litigation. Our capabilities include serving as counsel to compel arbitration and litigation, obtaining anti-suit injunctions, enforcing arbitral awards and foreign country judgments, and drafting and advising on dispute resolution clauses in transactions to prevent and control disputes.
With deep cultural understanding and experience, we have represented clients in more than 150 nations and in every state in the United States. Our attorneys are fluent in over 20 languages and are licensed in a variety of jurisdictions. Many have resided outside the United States for extended periods of time, several while earning advanced legal degrees.
We offer a thorough knowledge of litigation, arbitration, and international and comparative law.
International Arbitrator Services
Leading our team is renowned attorney and professor Michael K. Young. With his unique expertise in legal practice and academia, Professor Young has arbitrated multiple disputes throughout his career. Notably, he sat as president in the arbitration of Glamis Gold, Ltd. v. The United States of America, an arbitration under the North American Free Trade Agreement (NAFTA), the predecessor to the United States-Mexico-Canada Agreement. Professor Young has arbitrated disputes administered by the International Centre for Settlement of Investment Disputes (ICSID) as well as arbitrations subject to the rules of the United Nations Commission on the International Trade Law (UNCITRAL).
Kirton McConkie attorneys have successfully represented individual, corporate, and sovereign clients in numerous arbitrations and related matters. Our comprehensive practice includes extensive experience under all major international arbitration rules, including the following:
- The International Centre for Settlement of Investment Disputes (ICSID)
- The International Chamber of Commerce (ICC)
- The International Centre for Dispute Resolution (ICDR)
- The London International Arbitration Center (LIAC)
- The Japan Commercial Arbitration Association (JCAA)
- The Singapore International Arbitration Centre (SIAC)
- The Vienna International Arbitral Centre (VIAC)
- The Italian Association for Arbitration (AIA)
- The United National Commission on International Trade Law (UNCITRAL)
We have assisted clients in litigation matters across the world and are well-prepared to handle the most complex and high-stakes matters. We are skilled across multiple industries, including construction, international trade, securities, insurance fraud, bankruptcy, sovereign defense, and trade secrets. We have also worked extensively with matters related to the Foreign Sovereign Immunities Act (FSIA).
Our attorneys have represented clients in litigation in the United States and assisted clients with litigation matters throughout the world, including, for example, Argentina, Bolivia, Brazil, Chile, China, Colombia, Dominican Republic, Ecuador, France, Guyana, Italy, Japan, Korea, Mexico, Mongolia, New Zealand, Paraguay, Peru, the Philippines, Romania, Russia, Singapore, Turkey, Ukraine, the United Kingdom, Uruguay, and Venezuela.
Enforcement of Arbitral Awards and Judgments
Kirton McConkie attorneys assist clients in enforcing and resisting enforcement of arbitral awards and foreign judgments. We represent clients in petitions to confirm and vacate arbitral awards rendered in the United States under United States law and advise clients worldwide in enforcing and resisting enforcement of arbitral awards under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (The New York Convention) and the Inter-American Convention on International Commercial Arbitration (The Panama Convention).
Drafting Dispute Resolution Clauses
Kirton McConkie lawyers draft dispute resolution clauses for clients around the world. We draft non-exclusive jurisdiction agreements, exclusive jurisdiction agreements (also known as choice-of-court clauses), mediation agreements, and arbitration agreements. We draft clauses to protect our clients’ rights and to maximize their enforcement options. Beyond the basics of selecting a forum, the adjudicators, and the substantive law, we focus on, among other things, injunctive relief and specific performance, consolidation and intervention, sole option clauses, evidence, language, and the enforcement of arbitral awards and court judgments.
Kirton McConkie attorneys have contributed to the pedagogy of international dispute resolution as adjunct faculty teaching law school courses in international arbitration at multiple law schools. Our attorneys also mentor law students on international commercial arbitration, including by visiting popular international arbitration institutions in Paris; Washington, D.C.; and Singapore.
With a broad range of capabilities and experiences, Kirton McConkie’s International Dispute Resolution practice provides quality services worldwide, adapting to the unique needs of every client, and ensuring the highest caliber of legal assistance.
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