Paul Friedland

Partner, New York

Biography

The “enormously respected” Paul Friedland earns praise for his extensive experience as lead counsel and as arbitrator in high stakes cases. “He’s excellent; very well prepared and very smart.” (Chambers USA 2019). Mr. Friedland has been repeatedly ranked as a Band 1 practitioner by Chambers Global, Chambers USA, and by other major legal directories.

Overview

Mr. Friedland is a New York-based partner in White & Case's top-ranked International Arbitration practice. A renowned practitioner, he advises clients in commercial and investment disputes around the world. Clients praise his experience and describe him as "a go-to on major international arbitrations," adding: "nobody knows how to present a case better than Paul" (Chambers USA 2017).

Mr. Friedland, "one of the most respected advocates on the international scene" and "one of the leading lawyers in the world" (Chambers Global 2014), served as global head of the Firm's International Arbitration practice group from 2002 to 2019, during which time the group became the world's largest and most top-ranked international arbitration practice globally.

Mr. Friedland's leadership positions include: American Arbitration Association (Executive Committee, 2011-14; Chair of Law Committee, 2008-14; Chair of Subcommittee on ICDR Rules revision, 2013-14, International Bar Association (Arbitration Committee Co-chair, 2014-15), Singapore International Arbitration Centre (Court member, 2013-19), and LCIA (Court member, 2006-10).

A frequent writer and speaker on international arbitration topics, Mr. Friedland is the author of Arbitration Clauses for International Contracts, described as a "must-have for all practitioners working in the burgeoning field of international arbitration" (New York Law Journal, April 2008).

Bars and Courts
New York State Bar
US District Courts for the Southern and Eastern Districts of New York
US Court of Appeals for the Second Circuit
US Supreme Court
Education
JD
Columbia University School of Law

Law Review, Kent Scholar

BA
Yale University
Languages
English
French
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Experience

Representative Commercial Disputes

Represented Toshiba in three ICC arbitrations relating to the sale of Toshiba's $18 billion memory chip business. Achieved a procedural victory that allowed the sale to close and the disputes to settle.

Obtained an AAA award in favor of the State of New York, with revenue impacts to local communities exceeding $1 billion, arising from a dispute over revenue sharing under a gaming compact.

Victorious award obtained on behalf of client in an ICC case in New York involving tax and accounting issues arising out a duty free business in South America.

Representation of insurer in multiple coverage cases, including disputes arising from MTBE pollution, a dispute concerning the meaning of "physical loss", a dispute regarding the insurability of damage to a coal mine, a dispute regarding applicability of the war exclusion to strife in the Middle East, and a dispute regarding liability arising from environmental harm. Repeated awards in favor of our client.

Representation of a medical technology company in a high stakes contract dispute regarding testing and FDA approval.

Representative Investment Disputes

Representation of a US-based independent power producer in an ICSID arbitration against the Government of Grenada arising out of certain regulatory changes in the electricity sector. (GPP v. Grenada).

Representation of the Republic of North Macedonia in two ICSID disputes, one arising out of the bankruptcy of a nickel mine and smelter project, and the other arising out of the termination of the concession for the exploitation of a gold and copper mine. (Cunico v. North Macedonia, Skubenko v. North Macedonia).

Representation of Korea in two UNCITRAL disputes, one arising out of a dispute involving shareholdings in the Samsung Group and the other arising out of an investment in Hyundai Elevators. (Mason v. Korea, Schindler v. Korea).

Representation of the Kingdom of Saudi Arabia in two ICSID disputes, one arising out of a construction project in Saudi Arabia, and the other arising out of a dispute involving luxury retail stores. (Samsung v. KSA, MAKAE v. KSA).

Represented SGS Société Générale de Surveillance in a groundbreaking ICSID arbitration against the Government of Paraguay involving interpretation of the forum selection clause in an "umbrella clause." (SGS v. Paraguay).

Represented the investors in a multi-phase ICSID dispute, arising from a hotel investment in Indonesia, a case that created numerous precedents for international public and private law. (Amco Asia v. Republic of Indonesia).

Publications

Select publications since 2010 include:

"AAPL v Sri Lanka — Rethinking Protection and Security for 21st Century Claims," Arbitration Academy 2016 The Berthold Goldman Lecture, 3 Paris J. Int'l Arb. 605, 2016

"Fact-Finding by International Arbitrators — Sua Sponte Calls for Evidence," Domitille Baizeau and Frank Spoorenberg (eds.), The Arbitrator's Initiative, ASA Special Series No. 45, 2016

"Differential Capacity and the Duty to Protect Foreign Investment From Physical Violence," Liber Amicorum en L'Honneur de William Laurence Craig, LexisNexis, 2016 (with Robert Hornick)

"Drafting Considerations for Clauses Designating New York as the Place of Arbitration," J. Carter & J. Fellas (eds.), International Commercial Arbitration in New York, 2d ed., 2016 (with Damien Nyer)

"Soft Law and Power," S. Brekoulakis, J. Lew & L. Mistelis (eds.), The Evolution and Future of International Arbitration, 2016

"The 2014 Revisions to the IBA Guidelines on Conflicts of Interest in International Arbitration," 9 Dispute Resolution Int'l 55, 2015 (with Eduardo Zuleta)

"The Revised ICDR International Arbitration Rules," LexisNexis Arbitration, April 2014 (with John Templeman)

"Rabid Redux: The Second Wave of Abusive ICSID Annulments," 27 Am. U. Int'l L. Rev. 727, 2012 (with Paul Brumpton)

"The 2012 International Arbitration Survey: Current and Preferred Practices in the Arbitral Process," JAMS Global Engineering and Construction Newsletter and NYSBA Dispute Resolution Journal, November 2012 (with John Templeman)

"Discoverability of Communications between Counsel and Party-Appointed Experts in International Arbitration," 28 Arb. Int'l 1, LCIA, 2012 (with Kate Brown de Vejar)

"Discoverability of Communications between Counsel and Party-Appointed Experts in International Arbitration," 15 ICCA Congress Series 160, 2011 (with Kate Brown de Vejar)

"Negotiating and Drafting Arbitration Agreements with Chinese Parties — Special Considerations of Chinese Law and Practice," 28 J. Int. Arb. 5, 467, 2011 (with Bing Yan)

"The New ICC Rules: Continuing Evolution of Case Management Powers to Control Costs and Delays in International Arbitration," Kluwer Arbitration Blog, 13 September 2011 (with Paul Brumpton)

"Cláusulas de Arbitraje para Contratos Internacionales," Abeledo Perrot, 2010 (with Rafael E. Llano Oddone)

"Drafting Class Arbitration Clauses after Stolt-Nielsen," 22 Dispute Resolution Journal, May/October 2010 (with Michael Ottolenghi)

"Drafting Considerations for Clauses Designating New York as the Place of Arbitration," James H. Carter & John Fellas (eds.), International Commercial Arbitration in New York 71, 2010

"Comments on the 2008 Survey on International Arbitration: Corporate Attitudes and Practices on Recognition and Enforcement of Arbitral Awards," 19 Am. R. Int. Arb. 3, 2010 (with Michael Ottolenghi)

Awards and Recognition

Chambers Global 2019
"The 'first-rate' Paul Friedland is highly respected for his excellent track record in high-value arbitral proceedings, with considerable expertise in commercial and investment treaty arbitration"

Chambers USA 2018
"An outstanding advocate and arbitrator, garnering praise from interviewees for his 'very smart and engaged' manner and his skills as 'a top-quality lawyer'"

Chambers USA 2017
"Clients describe him as a 'go-to on major international arbitrations,' adding: 'Nobody knows how to present a case better than Paul'"

Chambers Global 2016
"One of the most talented lawyers… He is extremely well known for his work on both investment treaty and commercial arbitrations in the energy, construction and insurance sectors"

Chambers Global 2014
"One of the most respected advocates on the international scene" and "one of the leading lawyers in the world"

Chambers Global 2013
"An excellent leader of the practice and an excellent counsel"

Chambers USA 2012
"'A wonderful person to work with,' [his] leading practice ... garners praise from market commentators for his strength in both commercial and investment treaty arbitration"

The Legal 500, 2009
"He has carved a reputation based on a 'high degree of professionalism' and a capacity for 'inventive and lateral thinking'. Moreover, this New York-based partner is 'extremely bright and quick' and 'works well with inside counsel, as well as technical and business people'. Lastly, he is 'very well connected in the world of international arbitration and is well-known and respected by the leading practitioners and arbitrators in the field'"

Chambers USA, 2008
"A 'tenacious, sharp and analytical operator who is always able to cut right to the heart of the issue'. Clients, meanwhile, have nothing but admiration for his 'flexibility and responsiveness'"