Baker Botts has one of the world’s leading teams of dedicated international arbitration lawyers. Our diverse team combines a global reputation with excellence in advocacy, working across all of our offices to provide round the clock service with round-the-world experience.
"They are extraordinary from every perspective. I was really impressed by their optimum response times, broad experience in international arbitration and, most importantly, the results."
Chambers Global 2015 - Global-wide - Arbitration (International)
WHO WE ARE
Highly Credentialed Lawyers with Global Experience:
We are a multinational team, with international arbitration lawyers from North and South America, Europe, Asia and the Middle East. Our lawyers have been trained in the civil law, the common law and public international law. Members of the team have been employed by or worked with key arbitral institutes. Because we sit as arbitrators as well as serve as counsel and advocates, we understand the decision-making process.
Our deep experience in the hearing room gives us the insight to understand what is important to motivate a successful result. That gives us the confidence to separate what actually matters — the “big picture” — from the rest. This means we can work effectively and efficiently for our clients. It also means our clients have instant credibility with the arbitrators who will decide their cases . . . and with the adversaries that must evaluate their litigation risks.
International disputes are often complex, with multiple applicable laws, different languages and factual twists and turns influenced by cultural differences. We look for strategic opportunity in these complexities. As a testament to our ability, our lawyers are often engaged to save a case that appears to have already been “lost.” Our clients also look to us to solve their most serious disputes, with many of our cases involving claims for hundreds of millions — and sometimes billions — of U.S. dollars.
"This well-known U.S. firm is acclaimed for its in-depth expertise in the areas of energy and IP, which strongly complements its international arbitration practice."
Chambers Global 2013 - Arbitration (International)
WHAT WE DO
International Commercial Arbitration:
International commercial arbitration provides parties from different legal, national and cultural backgrounds with neutral ground, flexible procedures and independent decision makers to solve their disagreements, often confidentially. When “fast track” procedures are used, a final and internationally enforceable decision can be obtained in months.
Our commercial arbitration practice finds us representing claimants and respondents in many industries, including construction, energy, finance, insurance, manufacturing, petrochemicals, pharmaceuticals, technology and telecommunications.
The proceedings are seated – and our clients are found – throughout the world. They are before all of the major arbitration bodies, as well as ad hoc arbitral tribunals.
These disputes arise under the civil law, common law and lex mercatoria, with examples including the laws of Belgium, Brazil, China, the Czech Republic, Ecuador, England, France, Germany, India, Indonesia, Iran, Korea, the Netherlands, Poland, Russia, Switzerland, Trinidad and Tobago, the United States and Yemen.
"The 'thoroughly impressive' arbitration team at Baker Botts serves up an expert offering on both the commercial and investment treaty fronts."
Chambers UK 2013 - Dispute Resolution - International Arbitration
Investor State Disputes:
Thousands of bilateral and multilateral investment treaties, including many recent free trade agreements, give those doing business outside their home country important substantive rights vis-à-vis the States hosting their investments. Frequently, the foreign investor will be entitled to enforce those rights through international arbitration against the host State.
Our investor-State dispute practice finds us representing investors and States in disputes regarding the alleged mistreatment of investments. These disputes raise issues such as expropriation, fair and equitable treatment, most favored nation treatment, and the adequacy of the protection and security provided by the host State. The amounts in dispute range from the millions to over US$ 100 billion.
These disputes present often intricate questions of public international law, including issues of treaty interpretation. When they cannot be resolved amicably, they are brought before the ICSID, the Permanent Court of Arbitration in The Hague and other arbitration bodies.
Other Public International Law Matters:
Recognizing the unique combination of our arbitration lawyers’ forensic skills and legal training, our clients regularly ask us to advise on other issues of public international law, often in the context of cross-border projects involving natural resources.
Our public international law practice finds us advising on claims under the European Convention of Human Rights, disputes involving the application of the Kyoto Protocol to the UN Framework Convention on Climate Change, the rules and principles concerning dealings with the effective government of a State, the customary rules of the Law of the Sea and the effects of termination of and withdrawal from international treaties.
Frequently, our clients face multiple, related legal proceedings in different jurisdictions. In these situations, coordination and consistency of strategy are essential – and so is the expertise to understand and manage the complex procedural issues that arise from the multiple, potentially different laws and rules that may apply.
Our multi-jurisdictional litigation practice finds us pursuing or defending a wide variety of parallel legal proceedings, including arbitrations, national court lawsuits and international court proceedings.
Because our team includes lawyers trained in the common law, the civil law and public international law, we are adept at developing and effecting a consistent, commercially sensible strategy that works multi-jurisdictionally. We then implement that strategy, selecting local counsel where needed from our network of trusted colleagues around the world.
Scott Powers focuses on all types of complex business litigation in state and federal trial and appellate courts.
Mr. Powers has appeared in state and federal trial courts on a variety of matters throughout Texas, as well as in state and/or federal courts in California, Florida, Louisiana and Nevada. Mr. Powers has also represented clients in arbitrations and in appeals, including appeals in the Austin Court of Appeals, the Fort Worth Court of Appeals, the Texas Supreme Court and the United States Court of Appeals for the Fifth Circuit.
Drawing on his depth and breadth of trial and appellate experience, Mr. Powers assists clients in a variety of industries facing a diverse array of legal challenges in connection with disputes, including assisting clients to resolve dispute before litigation is filed.
In addition to representing clients, Mr. Powers also serves as the Chair of the Pro Bono Committee for the firm’s Austin office.
After graduating from law school, Mr. Powers served as a law clerk to the Honorable William Wayne Justice, Senior United States District Judge for the Western District of Texas.
Over the last several years, the patent landscape has changed dramatically, due to changes introduced by the America Invents Act (AIA). One of the most significant changes is the establishment of new post-grant patent proceedings, including Inter Partes Review (IPR), Post-Grant Review (PGR) and Covered Business Method Review (CBMR).
“The introduction of these proceedings has dramatically changed how the validity of patents are challenged and evaluated, and has had a wide-ranging impact on the patent litigation landscape,” said Luke Pedersen, Chair of Baker Botts' PTAB Trials practice.
“Every week brings new decisions and rulings that offer insight into how the PTAB is handling these proceedings and interpreting statutes and regulations associated with the AIA. As leaders in the patent prosecution and litigation arena, the Baker Botts PTAB Trials Blog will provide a unique perspective on news, trends and analysis of PTAB proceedings as they evolve,” added Mr. Pedersen.
“With over 160 IP lawyers, holding over 180 advanced degrees, Baker Botts has an incredibly deep bench of practitioners with a wealth of experience in patent litigation, patent prosecution and post-grant proceedings. Lawyers in our PTAB Trials practice have already participated in over 135 IPRs and 10 CBMRs on behalf of our clients,” said Bart Showalter, Chair of Baker Botts' Intellectual Property practice.
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On November 6, 2015, Baker Botts Advises Hercules Offshore In Prepackaged Chapter 11 Case Restructuring over $1.2 Billion in Debt.
On December 18, 2015, extensions to the production and investment tax credits that are applicable to wind, solar and other renewable power projects were enacted
International Trade Update
On January 16, 2016, the United States, China, France, Russia, United Kingdom, Germany and Iran, with the High Representative of the European Union (“EU”) for Foreign Affairs and Security Policy, marked the arrival of Implementation Day of the Joint Comprehensive Plan of Action (“JCPOA”), the international agreement designed to curb Iran’s nuclear program.
U.S. Supreme Court Issues Stay of Clean Power Plan
On February 9, 2016, the U.S. Supreme Court granted several requests to stay EPA’s Clean Power Plan while legal challenges to the rule are pending.
Baker Botts lawyers discuss voting policies for the 2016 proxy season.
Baker Botts lawyers discuss how the Supreme Court carefully guards the twenty-year expiration date of a patent, allowing the public the unrestricted right to make or use a patented article after that date.
Baker Botts lawyers discuss the 2014 Alice Corporation v. CLS Bank International decision.