Practices

Arbitration

Cooley’s leading arbitration practice advises private and public companies of all sizes on the full range of arbitral disputes involving complex issues of law and procedure. We represent innovative companies from high-growth startups to Fortune 100 enterprises in life sciences, technology, telecommunications, energy, natural resources, manufacturing, mining and construction. We also represent governments and state-owned entities in commercial and investment treaty arbitrations.

Our lawyers are experienced in all forms of dispute resolution – including domestic arbitration, international arbitration, investment arbitration, mediation, and use of local courts and rules for ancillary procedures and remedies. Our aim is to develop and implement strategies to resolve disputes, whether by settlements or arbitral awards and court judgments, consistent with our clients’ business objectives. We develop a deep understanding of our client’s business to allow us to provide the best advice on the legal and relevant commercial issues involved.

Domestic arbitration/mass arbitration

Cooley is a market leader in representing technology and life sciences companies dealing with novel areas of domestic arbitration law, including mass arbitration.

Representative matters include advising:

  • A social media company in one of the largest mass arbitrations filed to date in the US
  • An edtech company in one of the largest mass arbitrations filed to date in the US
  • A crypto/Web3 company in two of the largest mass arbitrations filed to date in the US
  • A global communications technology company in one of the largest mass arbitrations filed to date in the US
  • A fintech company in significant mass arbitration
  • A number of life sciences clients on matters arising out of partnering deals and drug manufacturing agreements
  • Numerous technology and life sciences companies on intellectual property-related arbitrations relating to patents and trade secrets
  • A variety of technology and life sciences clients on numerous post-M&A disputes
  • A sports network in an action to vacate an MLB arbitral award concerning the fair market value of telecast rights fees 
  • A leading digital advertising company in a dispute over trademarks
  • A partner in an arbitration involving the exercise of a repurchase option and valuation of units in a digital advertising company
  • Gilead Sciences in bet-the-company arbitration, when F. Hoffmann-La Roche sought to strip Gilead of its rights to a blockbuster drug

International arbitration

Cooley is a global leader in advising innovation companies in all facets of international arbitration, often pairing with our large network of local counsel in jurisdictions around the globe to provide seamless worldwide coverage.

Representative matters include:

  • Representing an investor in arbitration against Mexico brought under the North American Free Trade Agreement (NAFTA) Chapter 11 involving an offshore concession (UNCITRAL)
  • Representing a market-leading technology company in disputes involving an advertising platform (ICDR rules) 
  • Representing a technology company in disputes involving a cloud platform (ICDR rules)
  • Representing a leading advertising company involving an IT outsourcing contract (ICC rules)
  • Representing a lidar technology company in a dispute involving patent infringement of core technology (JAMS)
  • Representing a pharmaceutical company in a patent and licensing dispute (ICDR rules)
  • Representing a global energy company in a gas supply dispute in the Middle East (ICSID)
  • Serving as counsel in arbitration relating to title to and value of various oil and gas fields in the Middle East (UNCITRAL)
  • Acting for a global chemicals company in ICC arbitrations and in an ad hoc arbitration involving breaches of joint venture agreements and trade secrets (ICC rules)
  • Representing a construction joint venture against an African state-owned entity (ICC rules)
  • Acting for a pharmaceutical manufacturer related to its dispute with a European corporation concerning a drug trial (ICC rules)
  • Serving as lead trial counsel for a pharmaceutical company in a dispute related to stock and invention ownership (ICC rules)
  • Representing a global steel producer arising from the termination of a long-term supply agreement (ICC rules)
  • Acting for a UK Financial Times Stock Exchange (FTSE) 100 company in two international arbitrations (LCIA and ICC) concerning the supply of components for air and naval defense systems
  • Defending an ICC arbitration claim for $3.5 billion against an African state, arising from the termination of a concession agreement to rehabilitate and operate an industrial complex
  • Representing a privately held Mexican company providing secure mobile wallet services in an ICDR arbitration against a Singapore consulting company for breach of contract to develop its mobile wallet platform
  • Representing an international semiconductor manufacturer in an ICDR arbitration concerning a license dispute with an Asian mobile communications company regarding royalties
  • Defending an FTSE 100 company in an ICC arbitration against a $180 million claim brought in relation to licensing rights in the Middle East

Representing one of the largest privately held spirits manufacturers and importers in the US in an arbitration under ICDR rules against a prominent Mexican tequila manufacturer regarding termination of long-term import contracts