Flexibility, neutrality, and confidentiality are a few reasons arbitration continues to be a frequently used method of dispute resolution. Conducted by private decision makers in neutral venues, some clients see various benefits to arbitration versus litigation, including faster proceedings (although not always realized), ability to select a private arbitrator, and confidentiality surrounding results.
Our lawyers have extensive experience in arbitrating complex disputes, both domestic and international, for clients from a wide array of various industries. From demand development and filing to deliberations and the award process, we are highly skilled in the art of arbitration. Arbitration success depends on methodical preparation, including selection of the right arbitrator, keen knowledge of the processes, and spot-on presentation. We bring first-rate experience to our clients at all stages of the arbitration process.
Nevada Power Company v. Nevada Cogeneration Associates #2
We represented Nevada Cogeneration Associates #2 (“JV Client”), a joint venture co-owned by Chevron and Dynegy, in the defense of an arbitration filed by electric utility Nevada Power Company (“Utility”). In the early 1990s, the JV Client developed and built an electric cogeneration facility to produce electricity for a growing western metropolitan area and entered into a long-term agreement to sell electricity to the Utility. The Utility filed the arbitration seeking a declaration, that under the terms of the power purchase agreement, the JV Client was contractually obligated to rebate back to the Utility a substantial portion of the power purchase payments made by the Utility at the conclusion of the 30-year contract term in the year 2023. At the time of arbitration, the Utility forecast that in 2023 it would be entitled to a rebate of approximately $320 million. The matter was arbitrated before a former federal judge who ruled in favor of the firm’s JV client denying in its entirety the Utility’s rebate claim.
GAC Energy Corporation, et al. v. Frontera Resources Georgia Corporation, et al.
We represented Defendants Frontera Resources Georgia Corporation and Frontera Resources Corporation in an international arbitration involving a significant oil and gas exploration lease in the Republic of Georgia. The claimants were GAC Energy Corporation and GAC International. The arbitrator ruled in Frontera’s favor, rejecting GAC’s claims for $19 million in restitution.
Dmac Construction v. Surfside Interests, L.L.C.
We arbitrated this construction case arising out of the failure to make payments in connection with our client’s construction of a $3 million marina in Surfside, Texas. Our client sought payment of all monies owed under the project and was met with counterclaims from the marina owner totaling over $1 million. The arbitration was concluded in February 2009; in April, the arbitrator awarded our client virtually every penny requested, including attorneys’ fees. Additionally, prior to arbitrating the matter, we were able to successfully release hundreds of thousands of dollars interpleaded in Brazoria County court. Defendant collected no money on its counterclaims, all of which were denied as having no merit. The arbitrator determined that our opponent should pay 80% of the fees associated with the AAA proceeding.