Awards & Rankings 04.10.24
Pillsbury’s International Arbitration Group Again Included in GAR 100 Guide as Top International Arbitration Practice
Source: Global Arbitration Review
A dependable, effective and very efficient attorney who gets things done—he takes a practical, business-orientated approach to issues.
Derek Soller focuses his practice on international arbitration and cross-border dispute resolution, with particular experience in large-scale energy and infrastructure disputes.
Derek has over 10 years of experience representing both investors and states in investor-state arbitrations and private parties in international arbitration, under all common arbitration rules (ICC, AAA, JAMS, LCIA, SIAC, ICSID). Derek has extensive experience in complex, large-scale disputes, particularly in the energy sector. He takes a commercially minded approach, focusing on avoiding and favorably settling disputes where it is advantageous to do so.
Representative Experience
- Secured award of over $50 million for former owners of Venezuela’s largest coffee retailer in an ICSID arbitration alleging unlawful expropriation.
- Secured payment of $217 million, 100 percent of client’s claims, including all legal and arbitration costs, through ad-hoc UNCITRAL Rules arbitration concerning design and construction of two floating production, storage and offloading vessels.
- Represented solar developer in dispute with purchaser of development site regarding alleged breach of representations and warranties regarding interconnection agreement with utility. Secured highly favorable settlement despite significant regulatory and legal uncertainty, avoiding threat of recission that would have resulted in total project loss.
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- Secured ICDR emergency arbitration award in favor solar developer in dispute with Chinese panel supplier, leading to payment of amounts owed despite subsequent insolvency of supplier.
- Advised French multinational in an ICC arbitration arising from environmental obligations relating to sale of Latin American retail goods factory, secured favorable settlement.
- Represented state in two ad-hoc UNCITRAL Rules disputes in which investors claiming a breach of a bilateral investment treaty sought a total amount in excess of $4 billion. Secured award dismissing claims and awarding our clients’ costs and fees.
- Served as counsel to Hungary in an ICSID Arbitration case involving the regulation of food vouchers for public purpose; claimant awarded 20 percent of amount sought.
- Represented hydroelectric turbine manufacturer in ICC dispute review board proceedings involving competing claims of liquidated damages for delay and alleged change orders. Secured favorable dispute board recommendation and subsequent settlement.
- Acted as counsel for EPC contractor in multiple ICDR arbitrations relating to co-gen ethanol production facilities, concerning competing delay claims; alleged change orders; and alleged failure to meet performance requirements. Secured favorable settlement through mediation in all cases.
- Advised solar developer in dispute with investment adviser seeking over $50 million in fees in ICDR arbitration. Used JAMS mediation to secure very favorable settlement.
- Represented multinational energy company in dispute with seller of gas-fired power plants relating to post-sale tax liability. Secured $75 million award in favor of client.
Professional Highlights
- Recognized by Best Lawyers for International Arbitration – Commercial (2023 – 2024)
- Recognized as 2021 Future Leader by Global Arbitration Review
- New York City Bar Association, Arbitration committee member
- “Substantive Protections: Expropriation,” The Guide to Investment Treaty Protection and Enforcement – First Edition, GAR, January 2022. Co-author.
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- Publications
- “What Would Have Happened If? The Role of Hypothesis, Assumptions, Estimates and Speculation in Determining the Quantum of Damages,” 40 Under 40: International Arbitration, C. Gonzalez-Bueno (ed.), 2018. Author.
- “Investment Treaty Planning Should Be on the Checklist for Every Foreign Investment Your Company Makes,” Association of Corporate Counsel Spring 2018 Newsletter, 2018. Co-author.
- “United States in the Arbitration Review of the Americas 2018,” Global Arbitration Review, August 29, 2017. Co-author.
- Presentations
- "Construction Disputes Under the ICC Rules,” 12th Annual Georgetown International Arbitration Month, Washington, DC, February 22, 2024. Presenter.
- “When Arbitration Goes to New York Courts: Recent Developments in the Recognition and Enforcement of Arbitral Awards,” New York State Bar Association Dispute Resolution Section, Webinar, November 29, 2017. Presenter.
- “Damages in International Arbitration: Expectations and Awards,” PWC, New York, August 3, 2017. Panelist.
Education
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J.D., New York University School of Law, 2007
M.A., Middlebury College, 2004
A.B., History, Dartmouth College, 2000
Admissions
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New York
Languages
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French