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Martin F. Gusy

Partner
+1.212.536.4065
Fax +1.212.536.3901

Martin Gusy is a dual-licensed common law-civil law attorney based in the New York office with more than 15 years of deep experience in representing commercial parties as well as sovereigns in high-stakes, cross-border disputes and transactions, including international dispute resolution, international commercial arbitration, investor-state/investment arbitration, litigation and corporate matters.

Mr. Gusy has been recognized for his international experience and worked in a broad range of substantive areas and industries, including technology, manufacturing and engineering joint ventures, energy, oil and gas, mining, banking and finance, construction, distribution and franchising, insurance, IP protection and IP licensing. Benefitting from prior work experiences in Frankfurt, Singapore, Paris, Houston and São Paulo, advising clients from Europe, Asia, the Middle East/Africa, North and South America as well as Australia, Mr. Gusy has counseled dozens of parties in international arbitrations under the ICC, ICSID, AAA/ICDR, LCIA, UNCITRAL, VIAC and SIAC International Arbitration Rules.

Mr. Gusy’s advocacy work is informed by his regularly serving as sole arbitrator, president of the tribunal and party-appointed arbitrator in about two dozen ICC, AAA/ICDR, UNCITRAL and ad hoc arbitrations. He is a member of the AAA/ICDR International Roster of Arbitrators and Mediators since 2010 and the co-author of the Second Edition of ‘A Guide to the ICDR International Arbitration Rules’, a leading industry text published by Oxford University Press. Mr. Gusy also served as a mediator in an international commercial dispute involving a sovereign.

European companies with corporate interests in the United States turn to Mr. Gusy for counsel to advise on distribution and corporate structures, IP licensing, commercial transactions and contracts, including the formation of joint ventures and mergers and acquisitions.

Mr. Gusy is an active member of numerous professional associations, including on the Board of Directors of the New York International Arbitration Center (NYIAC), the ITA Advisory Board and the New York City Bar Association’s International Commercial Disputes Committee. He was involved in drafting institutional arbitration rules and currently co-authors an Association of International Petroleum Negotiators (AIPN) research project on joint operating agreement disputes. In 2007, Martin received the American Arbitration Association’s Distinguished Service Award for distinguished service and support of international arbitration and mediation.

Professional Background

Prior to joining the firm, Mr. Gusy was a partner in the New York office of a large U.S. law firm where he served as the Chair of the International Arbitration Group.

In 2008, Martin co-founded a multilingual law firm headquartered in New York, where he led that firm’s litigation & arbitration practice. That firm was recognized by Corporate Intl magazine as the “International Arbitration Advisory Firm of the Year in the USA” in 2010.

Achievements

  • Ranked in Chambers Global 2017 and 2018 for USA – International Arbitration (Foreign Expert for Germany)
  • Ranked as a New York Metro Super Lawyer for International Law (2014-2018)
  • Listed by Lawyer Monthly as a Leading Lawyer 100 in the field of Dispute Resolution in 2011

Professional/Civic Activities

  • ICDR International and AAA Commercial Roster of Arbitrators and Mediators (since 2010)
  • Chartered Institute of Arbitrators (Member)
  • International Arbitration Institute
  • German-American Lawyers’ Association
  • New York City Bar Association, International Law Committee (past member), International Commercial Dispute Committee (since 2017)
  • New York International Arbitration Club
  • Member of CPR’s Brazil Advisory Board
  • Member of ITA Advisory Board

Speaking Engagements

  • Permanent member of the faculty of The University of Roma Tre’s ‘Certificate in International Commercial and Investment Arbitration’ program (together with AIA, ICC and CAM since 2013)
  • International Perspectives at Indian APEX Chamber conference on ‘Changing Landscape of Alternative Dispute Resolution in India’ [New Delhi, 2018]
  • Business Dispute Management – Reflections on Innovation at CPR’s Brazil Congress 2018, Sao Paulo
  • Consolidation of arbitral proceedings - ICDR Miami International Arbitration Conference [2015]
  • Political Risk - Recoveries Against Sovereigns - The Insurance Institute of London [2014]
  • Damages in Oil and Gas Disputes - ICDR/AIPN Conference: Dispute Resolution in the International Oil & Gas Business [Calgary, 2014]
  • Tell me the Truth! Depositions for Use in International Arbitration - ABA Section of International Law/DAV seminar [Frankfurt, 2013]
  • Drafting Arbitration Clauses - PLI International Arbitration seminar [New York, 2013]
  • Vertragssicherheit im U.S.-Geschäft - DAJV/IHK [Chemnitz, 2013]
  • VDMA Expertengespräche on U.S. Business Immigration [Frankfurt, 2012]

Additional Information

Publications
  • A Guide to the ICDR International Arbitration Rules [Second Edition, 2019, Oxford University Press, with James Hosking]
  • Saving time and cost – international arbitration without a hearing on the merits? [in DAJV’s Zeitschrift für Deutsches und Amerikanisches Recht, ZDAR, July 2018]
  • Anti-suit Injunctions and Anti-arbitration Injunctions in the US Enjoining Foreign Proceedings [Practical Law Litigation, with Matthew Weldon]
  • The International Comparative Legal Guide to: Litigation & Dispute Resolution 2014 (7th Edition), with Matthew Weldon
  • Leitfaden zur Vermeidung von Produkthaftung aufgrund falscher Betriebsanleitungen [VDMA Publikation]
  • Drafting Arbitration Clauses [PLI International Arbitration 2013 Course Handbook]
International Arbitration
Recent experiences include:
  • Representing Brazilian construction major in about $50 million commercial partnership dispute in ICC arbitration seated in Paris against German airport operator over Brazilian concessions
  • Representing German cement industry investor against Middle Eastern sovereign in about $1 billion ICSID dispute
  • Representing Israeli provident and pension fund in about $15 million AAA arbitration seated in New York concerning loss of real estate investments and involving more than two dozen parties
  • Representing Latin American banking investor group in about $100 million BIT dispute over sovereign’s expropriatory government measures
  • Representing Indian fertilizer manufacturer in about $22 million ICC arbitration seated in New York against Japanese conglomerate over Singaporean/Peruvian phosphate rock mining joint venture
  • Representing Taiwanese electronics manufacturer in multi-million dollar patent licensing UNCITRAL arbitration seated in New York
  • Advising U.S. construction major in its multi-billion ICC arbitration and investor-state dispute with Latin American sovereign and state-owned company in refinery construction dispute
  • Representation of U.S. airline in about $10 million SIAC arbitration seated in Toronto concerning charter agreements, and in about $97 million dispute involving payment dispute with Asian state owned airline involving U.S. litigation and India-based settlement procedures
  • Representing Chinese state-owned oil producer in $100 million ICDR arbitration seated in New York against Indonesian JOA partners over Malacca Strait exploration and production interests
  • Advising European sovereign in about $350 million ICSID arbitration under the Energy Charter Treaty (ECT) concerning offshore oil & gas project
  • Representing U.S. construction company in about $40 million Association of Arbitrators (Southern Africa) arbitration seated in London concerning construction of mine in Africa (FIDIC Red Book)
  • Obtaining $172 million award on behalf of Sempra Energy and $140 million award on behalf of Enron in their ICSID arbitrations against the Republic of Argentina under the U.S.-Argentinean bilateral investment treaty for abrogating dollar tariffs and inflationary adjustments in the gas sector.
  • Defending major U.S. oil and gas producer in a London based UNCITRAL arbitration for declaratory judgment brought by Canadian joint venture partner under a Joint Operating Agreement; English law was applicable.
  • Defending an Australian-Canadian mining exploration company in a $8 million ICC arbitration in Paris, resulting from the break up of a joint venture with a Russian nickel producer for the development of a nickel mining project in New Caledonia; French law was applicable; defense work resulted in a claim withdrawal.
  • Defending a U.S. construction company in a German law governed, $17 million ICC arbitration in London resulting from an explosion of a phenol plant in Theodore, Ala.; defense work resulted in a claim withdrawal.
  • Representing Austrian company in multi-million dollar ICC arbitration concerning delivery of turnkey plant in the Middle East
  • Obtaining $.8 million award (including attorney's fees) for German distributor against South Korean manufacturer in ICDR arbitration in New York; New York law was applicable.
  • Representing a German-led contractor joint venture in an UNCITRAL arbitration in Paris against a Middle-Eastern state owner brought under a FIDIC-style contract for the construction of an international airport; the case settled on favorable terms for the client.
Cross-Border Litigation
Recent experiences include:
  • Representing German company in luxury boat acquisition litigation against Indiana boat yard pending in the United States District Court for the Northern District of Indiana and 7th Circuit Court of Appeals
  • Represented C=Holdings B.V. in a trial against Asiarim Corporation regarding ownership of Commodore trademark. Achieving confirmation of IP ownership and an award of $1.27 million judgement with statutory damages via scrupulous review of documentary evidence and strong trial pressure (C=Holdings B.V. v. Asiarim Corp., et al., 922 F.Supp.2d 223 (S.D.N.Y. 2013))
  • Obtained $44+ million judgment against The Republic of Argentina in the SDNY on behalf of German plaintiffs in Argentine bond holder default including first-of-their-kind favorable decisions related to the Hague Service Convention, the Foreign Sovereign Immunities Act and post-judgment discovery against a sovereign involving appellate work in 2nd Circuit Court of Appeals (Scheck et al. v. The Republic of Argentina, 10 CV 5167 (TGP) (S.D.N.Y))
  • Represented U.S. individual in about $200 million private equity investment dispute relating to privatizations in Brazil with litigation in the New York State courts, including the Court of Appeals in Albany (Wilson v Dantas, 2017 NY Slip Op 04387), as well as the SDNY and the 2nd Circuit Court of Appeals
  • Representing U.S./German moving company in $4 million litigation against U.S. freight forwarder in EDNY; the case settled on favorable terms for the client
  • Representing Dutch fragrance licensee in multi-party SDNY distribution and franchising dispute
Corporate Practice
Recent experiences include:
  • Advising Austrian skiing advertisement and media sales business in U.S. market
  • Lead adviser on German/American U.S. outbound incorporated IT joint venture.
  • Advising Austrian organic recycling industry machine builder in establishment of U.S. partnership
  • U.S. co-counsel in incorporated U.S. inbound joint venture structuring with IP licensing.
  • Advised German game developer in U.S./Danish/German developing and publication transaction.
  • Advised German importer on compliance with U.S. export regulations.
  • Corporate Secretary to multiple U.S. subsidiaries of German/Austrian parent companies.