Global Arbitration Review Names Arnold & Porter Kaye Scholer to Its 2017 'GAR 100,' Cites Investment Arbitration Winning Streak
London-based Global Arbitration Review (GAR) has included Arnold & Porter Kaye Scholer in its annual "GAR 100" edition of the world's top 100 international arbitration law firms.
GAR commented: "Fresh from a merger, the firm continues to chalk up victories in investment disputes." Citing outright victories in a number of ICSID arbitrations (on behalf of Chile, Hungary, Costa Rica and Panama) and settlements of investment arbitration claims on behalf of Slovakia and Kyrgystan, GAR highlighted that the firm has had "a stellar run of defense wins at ICSID," and in the past couple of years has "brought in another set of great results for states." It noted that the firm "as a defender of States has arguably had a longer winning streak at ICSID than any other firm in this book," and that "an unusually large number of the firm's team have been designated to ICSID's panels of arbitrators and conciliators."
In terms of ongoing work, GAR observed that "large numbers of sovereign states use the firm for disputes work," including South Korea in a $4.4 billion ICSID claim by US-Belgian private equity fund Lone Star, "thought to be the largest investment treaty claim ever filed against an Asian state." Other state clients mentioned include Bosnia and Herzegovina, the Czech Republic, Israel, Slovakia, and Kyrgyzstan. GAR also cited the firm for having appeared on the preferred provider lists of the governments of China, Romania and Bulgaria, and mentioned that the firm's Latin American state clients continue to include Chile, Colombia, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Panama, and Venezuela.
GAR stressed, however, that, "unlike some firms that have made their name in the investor-state field," Arnold & Porter Kaye Scholer is "happy to work both sides of the street," citing the firm's claimant-side work for Électricité de France (EDF) in two ICSID claims against Argentina; US forestry companies AbitibiBowater and Mercer in NAFTA claims against Canada; and a Turkish power company in an ICSID case against Pakistan. GAR also underscored that "although investment arbitration makes up the bulk of its work, the practice has been broadening its commercial arbitration offering in recent years."