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Practice Highlights

  • White and Williams has a “great working knowledge of arbitration,” Chambers USA 2017
  • International and domestic capabilities

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Commercial Arbitration

When your commercial disputes are subject to arbitration, it is critical to have experienced counsel at your side. With deep understanding of the arbitration process, familiarity with the arbitrators and experience arbitrating dozens of matters through to final award, White and Williams lawyers can guide you through what may be unfamiliar territory. Those of us who have arbitrated disputes understand the differences between arbitration and litigation and know how to approach this dispute resolution process to achieve the best results for our clients.

Our lawyers have arbitrated international and domestic commercial disputes as well as insurance and reinsurance matters, including those subject to the Bermuda form. Once the arbitration is complete, we follow through to the extent motions to confirm or vacate are necessary under the Federal Arbitration Act or state equivalents.

In addition to arbitrating commercial disputes, we assist clients with drafting arbitration clauses for their contracts. Our extensive arbitration experience has given us insight into issues that may arise in the process—issues that can be minimized or avoided by including certain provisions in the arbitration clause itself. 

Representative Matters

Insurance/Reinsurance 

  • Represented the issuer of a buyer-side M&A representation and warranty insurance policy in a complex, multi million dollar arbitration stemming from a private equity firm’s acquisition of a healthcare company that allegedly misrepresented its warranted financial statements
  • Represented insurance company in an arbitration under the Bermuda Arbitration Act involving a dispute over D&O coverage for a utility company’s settlement of securities and derivative litigation against a bankrupt entity
  • Represented insurance company in an arbitration under the Bermuda Arbitration Act involving a dispute over CGL coverage for a medical device company’s settlements of lawsuits relating to the failure of the device
  • Represented insurance company in an arbitration under the London Arbitration Act involving a dispute over CGL coverage for a major environmental catastrophe
  • Represented insurance company in an arbitration under the London Arbitration Act involving a dispute over D&O coverage for a telecommunications company’s settlement of a complex securities class action
  • Represented a private mortgage insurer in a complex multiparty arbitration involving the issuance and the insurance of mortgage-backed securities that lost most of their value following the 2008 financial crisis
  • Represented multiple ceding companies in dozens of reinsurance disputes concerning the accumulation of long tail claims pursuant to “causative agency” and similar language
  • Represented a ceding company in several cases to collect reinsurance for asbestos liabilities under a clash treaty
  • Represented a reinsurer, and obtained summary judgment, in a matter in which the ceding company attempted to cede extra-contractual obligations under an excess of policy limits provision
  • Arbitrated several disputes involving finite risk contracts
  • Arbitrated several disputes in which one of the parties was seeking rescission of the reinsurance contract
  • Represented ceding companies and reinsurers against insurance companies in liquidation and confronted issues involving offsets and cut throughs

Commercial Matters 

  • Following receipt of a foreign arbitration award entered by the China International Economic Trade Arbitration Commission in favor of a firm client, successfully confirmed the award in the U.S. District Court for the Eastern District of New York on behalf of that client, a Chinese manufacturer
  • Represented a CEO in claims against a former employer for breach of executive compensation agreement
  • Represented a property owner in claims arising out of breach of a construction agreement

  • Represented a physician practice group in defending claims by a withdrawing shareholder

  • Represented a leading satellite service provider in AAA/ICDR international arbitration against a leading satellite manufacturer arising from defects in a satellite intended to service the Asian market
  • Represented a leading satellite services provider in an ad hoc international arbitration against one of the world's leading diversified media companies over a planned direct-to-home television service in the India market
  • Represented a leading European manufacturer of high end jewelry in AAA/ICDR arbitration over a dispute with a service provider
  • Represented a US manufacturer in ICC arbitration arising from a dispute with its local representative over procuring a contract to supply products in the Republic of Ghana
  • Advised Latin American financial institutions on arbitral claims against the Venezuelan government arising from the expropriation of assets
  • Advised a Latin American entrepreneur in claims lodged in the Inter-American Commission on Human Rights over misappropriation of assets
  • Advised a US manufacturer on possible claims under the Australian-United States Free Trade Agreement
  • Represented a US-based manufacturer of sophisticated power plant components in an arbitration administered by the International Chamber of Commerce seated in Brussels, Belgium regarding the construction of a power plant in Greece
  • Represented a US manufacturer and distributor of heating and cooling equipment in an arbitration in Hong Kong under UNCITRAL arbitration rules administered by the Hong Kong International Arbitration Centre (HKIAC) against a Korean manufacturer of component part
  • Represented Chapter 7 bankruptcy trustee in a commercial arbitration against debtor's auditors for losses resulting from professional negligence and other malfeasance
  • Represented healthcare industry corporation in dispute with minority shareholder who was withdrawing from corporation and challenging valuation of her stock
  • Represented former chief executive officer in dispute with material handling corporation over breaches of his employment agreement
  • Represented property owners in large dispute with contractors over failure to perform construction services in competent manner

Recognitions and Awards

Since 2015, White and Williams has been recognized by Chambers USA as a leading firm in Pennsylvania for its achievements and client service in the area of insurance law. The firm is described as having a "renowned practice offering expert representation to insurers and reinsurers across an impressive range of areas." Clients reported that the firm has "great working knowledge of arbitration."

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