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International Arbitration

Commercial • Investment

Recent Experience as Arbitrator

Mr. Polebaum frequently serves as arbitrator in disputes administered by international arbitral institutions, as well as in ad hoc cases. He has recently sat as arbitrator in the following representative disputes:

  • Co-Arbitrator in an ICC case between Dutch and Italian parties arising out of an acquisition agreement.
  • Presiding Arbitrator in an ICDR case between Hong Kong and Brazilian parties arising out of a distribution agreement.
  • Presiding Arbitrator in an ICDR arbitration between US and German parties arising out of an acquisition agreement.
  • Co-Arbitrator in an ICC case between Japanese and US parties to a development and license agreement in the pharmaceutical industry.
  • President in an ICC case between Japanese and Canadian parties to a supply agreement in the nuclear industry.
  • Presiding arbitrator in a PCA arbitration under the UNCITRAL Rules between construction companies and an international organization.
  • Co-Arbitrator in an ICDR case between French and US pharmaceutical companies arising out of a collaborative research and licensing agreement.
  • Co-Arbitrator in an ICSID arbitration under the Barbados/Venezuela Bilateral Investment Treaty.
  • Chair in an AAA arbitration between industrial companies party to a steam purchase and sale agreement.
  • Co-Arbitrator in consolidated ICC cases presenting claims between Singaporean and Dutch parties relating to the construction of drilling rigs.
  • Co-Arbitrator in an HKIAC case between US and Chinese parties arising out of an acquisition agreement.
  • Chair in an ICDR case between US and Chinese parties arising out of a biotechnology licensing agreement.
  • Co-Arbitrator in an ICC case between Japanese and Korean parties arising out of a patent licensing agreement.
  • Co-Arbitrator in an ICC case between US and English parties arising out of an asset purchase and supply agreement in the pharmaceutical industry.
  • Emergency Arbitrator in a dispute among Dutch, German and Japanese parties arising under cross-licensing agreements.
  • Chair in an ICDR case between US and Danish parties arising out of an equipment supply agreement.
  • President in an ICC case between the US subsidiaries of two Chinese companies arising out of a supply agreement.
  • Sole Arbitrator in an ICDR case between English and US companies arising out of a pooling agreement in the transportation industry.
  • Sole Arbitrator in an ICDR case between Polish and US parties arising out of a services contract in the telecommunications sector.
  • Co-Arbitrator in an ICDR case between an Indian pharmaceutical company and a US company arising out of a Cooperation Agreement.
  • Chair in an ICC case between Canadian and Argentine companies arising out of an acquisition agreement.
  • Co-Arbitrator in a non-administered CPR case arising out of investments in emerging market distressed debt.
  • Chair in an ICDR case between a joint venture and a supplier in respect of a project in Afghanistan.
  • Co-Arbitrator in an ICDR case between US and Mexican companies arising out of a stock purchase agreement.
  • Co-Arbitrator in an ICDR case between US and Caribbean-based companies arising out of a hotel resort operating agreement.
  • Chair in an ICC case between Japanese and South American parties arising out of a major power generation construction project.
  • Sole Arbitrator in an ICDR case between French and Korean parties arising out of a contract for the supply of Application Specific Integrated Circuits.
  • Chair in an ad hoc UNCITRAL case between a Canadian company and a US company arising out of a distribution agreement.
  • Chair in an ICC case between a US company and a Canadian company arising out of a joint venture agreement.
  • Co-Arbitrator in an ICDR case between a British company and a US company arising out of a development, marketing and strategic alliance agreement.
  • Sole Arbitrator in an ICC case between a German company and a US company arising out of a distribution agreement.
  • Co-Arbitrator in an ICDR case between an Austrian company and a US company arising out of a software license and distribution agreement.
  • Co-Arbitrator in an ICDR case between an Indian company and a US company arising out of a commercial contract.
  • Co-Arbitrator in an ICDR case between a Canadian company and a US company arising out of a patent license.
  • Sole Arbitrator in an ICC case between a Singapore company and a US company arising out of a telecom licensing agreement.
  • Co-Arbitrator in an ICDR case between a Norwegian company and a US company arising out of an acquisition agreement.

Experience as Counsel

While a partner at Fried Frank, Mr. Polebaum acted as counsel in more than 140 international arbitrations, handling cases administered by the leading arbitral institutions and those brought on an ad hoc basis. As counsel, Mr. Polebaum represented multinational corporations, international organizations and sovereign entities. He appeared as counsel for these clients in arbitral seats throughout the world.

As counsel, Mr. Polebaum represented clients in cases brought under the rules of various arbitral bodies, including the:

  • International Chamber of Commerce (ICC)
  • International Centre for Dispute Resolution (ICDR)
  • International Centre for Settlement of Investment Disputes (ICSID)
  • United Nations Commission on International Trade Law (UNCITRAL)
  • International Institute for Conflict Prevention and Resolution (CPR)
  • London Court of International Arbitration (LCIA)

He represented major multinational energy companies in disputes relating to all phases of their business (upstream, midstream and downstream), telecommunications companies, and aerospace and defense companies, as well as companies in the following business sectors:

  • Accounting
  • Avionics
  • Chemicals
  • Commercial Aviation
  • Construction
  • Financial Services
  • Hospitality
  • Information Technology
  • Insurance
  • Mining
  • Nuclear Energy
  • Oil Services
  • Pharmaceuticals
  • Power Generation and Transmission
  • Satellites

Mr. Polebaum handled disputes arising out of every type of contractual relationship, including acquisition agreements, joint venture agreements, patent and other licensing agreements, distribution agreements, cooperation agreements, construction agreements, asset purchase and sale agreements, supply agreements, design and development agreements, lease and other real estate agreements, and operating agreements, among others.

He handled disputes governed by the laws of Argentina, Austria, Belgium, Brazil, Canada, China, Denmark, England, France, Germany, India, Italy, Mexico, Peru, Sierra Leone, Spain, Sweden, Switzerland, Turkey, Uganda, and Venezuela, as well as numerous cases governed by U.S. law, in particular the law of New York, as well as the law of other states within the United States. He also represented clients in cases where the applicable law was general principles of international commercial law, the UNIDROIT, relevant investment treaties, and public international law.

Education

  • New York University School of Law, JD – 1977
    • Cum laude
    • Order of the Coif
    • Managing Editor, New York University Law Review
  • Harvard University, MPA – 1975
  • Middlebury College, AB – 1972
    • Phi Beta Kappa
    • Magna cum laude

Languages

  • English
  • French
  • Spanish (reading ability)
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