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Martin F. Gusy

Partner
+1.212.536.4065
Fax +1.212.536.3901

Martin Gusy is a partner in the firm’s New York office. He has more than a decade of international dispute resolution, litigation and corporate experience. Mr. Gusy focuses on international arbitration and complex cross-border litigation involving private parties and sovereigns. He also advises on corporate matters for European businesses entering and operating in the U.S. marketplace.

Mr. Gusy primarily represents European and North American clients with interests spanning the globe from New York to Paris, London to Frankfurt, Vienna to Zurich, and Sao Paulo to Singapore. He has worked in a broad range of substantive areas, including technology, energy, manufacturing, pharmaceuticals, chemicals, insurance, intellectual property, construction, mining, and oil and gas. He has deep experience in high-stakes, cross-border commercial disputes under all major institutional sets of rules and has represented industry leaders in hundred-million-dollar ICSID arbitrations against sovereign states.

European companies with corporate interests in the United States also regularly turn to Mr. Gusy for counsel. He is called upon to advise on initial corporate structures and contracts, as well as to lead transactions, including the formation of joint ventures and mergers and acquisitions.

Mr. Gusy’s advocacy work is informed by his serving as an arbitrator in primarily European and U.S.-based arbitrations, including AAA/ICDR, ICC, UNCITRAL and ad hoc panels. Parties involved have been based in North America, Europe, the Middle East and Asia. He is a member of the AAA/ICDR International Roster of Arbitrators and Mediators, as well as the Chartered Institute of Arbitrators (MCIArb).

Mr. Gusy is an active member of numerous professional associations, including the International Arbitration Institute (IAI), German Arbitration Institution (DIS), German-American Lawyers’ Association (DAJV), Inter-American Bar Association (IABA), New York State Bar Association and the New York City Bar Association. He was involved in drafting a set of institutional arbitration rules and served on a model contracts drafting committee with the Association of International Petroleum Negotiators (AIPN). Mr. Gusy is co-author of A Guide to the ICDR International Arbitration Rules, a leading industry text published by Oxford University Press.

Professional Background

Prior to joining the firm, Mr. Gusy was a partner in the New York office of a large U.S. law firm.

In addition, he 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

  • Listed by LawyerMonthly as a Leading Lawyer 100 in the field of Dispute Resolution in 2011
  • Ranked as a 2014 New York Metro Super Lawyer for International Law (2014-2016)

Professional/Civic Activities

  • ICDR International Roster of Arbitrators and Mediators (since 2010)
  • Chartered Institute of Arbitrators (Member)
  • International Arbitration Institute
  • German Arbitration Institution
  • German-American Lawyers’ Association
  • Inter-American Bar Association
  • New York State Bar Association
  • New York City Bar Association, International Law Committee (part member)

Speaking Engagements

  • Certificate in International Commercial and Investment Theory and Practice [2016]
  • The Role and Power of the International Administrating Institution - 9th International Arbitration and Mediation Conference [2015]
  • Mock Arbitration of Article 8, Consolidation - 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 [2014]
  • Certificate in International Commercial and Investment Theory and Practice [2015]
  • Trends in International Arbitration and Mediation - New York Law Journal's In-House Counsel CLE Seminar [2014]
  • Cardozo School of Law Journal of Conflict Resolution Spring 2014 Symposium [2014]
  • Legal Series: International Arbitration in 2013 - Legal Series: International Arbitration in 2013 [2014]
  • Tell me the Truth! Depositions for Use in International - ABA Section of International Law/DAV seminar
  • Drafting Arbitration Clauses - PLI International Arbitration 2013 seminar
  • Vertragssicherheit im U.S.-Geschäft - DAJV/IHK Chemnitz seminar
  • VDMA Expertengespräche on U.S. Business Immigration
  • Everyone Wants a Piece of the Cake: A Coffee House Debate on Whether Arbitration is Appropriate for the Resolution of Mass Claims - ICDR Young & International’s Anniversary Program
  • American and European Perspectives on International Arbitration: Independence and Impartiality - ICC Young Arbitrators Forum
  • International Arbitration Dinner - Invitation of the NYU – International Arbitration Group
  • Advocating an International Dispute from Different Cultural and Legal Backgrounds – Bridging the Gap Between the U.S., Europe and the Middle East - Young Arbitrators Forum (YAF) of the Arbitration Committee of the United States Council for International Business (USCIB), in conjunction with ICC YAF North America
  • Thinking Outside the Box: How to Tailor Arbitrations to Fit the Individual Case - ICDR Young & International
  • Recent Trends in Investor-State Arbitration - Inter-American Bar Association's (IABA) Arbitration Committee, XLIII IABA Conference
  • International Investment Arbitration Applied to Financial Services Firms in Latin America - nter-American Bar Association's (IABA) Public and Private International Law Committee, XLIII IABA Conference
  • The Arbitrator's Duties
  • Tertulias: Roundtable Discussions on Recent Developments in Latin American Arbitration
  • The Use of Experts in International Arbitration
  • Interim Measures of Protection
  • International Dispute Resolution
  • Recent Developments in International Arbitration: The Growth in Investor-State Dispute Resolution
  • The Increasing Recourse to Arbitration in Developing Countries
  • Appointing the Chair - Strategic Choices and Considerations for Parties, Arbitrators and Institutions

Additional Information

Publications

  • Using Anti-Suit Injunction to Enforce Arbitration Agreements [Law360]
  • Revisiting the New York Convention as Burundi Becomes its 150th Signatory [Beyond Borders Blog]
  • Anti-suit Injunctions and Anti-arbitration Injunctions in the US Enjoining Foreign Proceedings [Practical Law Litigation]
  • The International Comparative Legal Guide to: Litigation & Dispute Resolution 2014 (7th Edition)
  • Leitfaden zur Vermeidung von Produkthaftung aufgrund falscher Betriebsanleitungen [VDMA Publikation]
  • Drafting Arbitration Clauses [PLI International Arbitration 2013 Course Handbook]
  • A Guide to the ICDR International Arbitration Rules [Oxford University Press]
  • Rule-By-Rule Commentary on the ICDR International Arbitration Rules [Oxford University Press]
  • Perspektiven in kleineren Kanzleien für deutsche Juristen [DAJV]
  • Die ICDR Guidelines for Arbitrators Concerning Exchanges of Information [German Arbitration Journal]
  • The ICDR Guidelines for Arbitrators Concerning Exchanges of Information – A German/American Introduction in Light of International Practice [International Arbitration Law Review 195]
  • Wider den Verlust des Bestellungsrechts bei Nichteinigung der Mehrparteiengegenseite auf einen Schiedsrichter [Geburtstag]
  • Für und wider eine Berufungsinstanz im Schiedsverfahren [Geburtstag]
  • The Validity of an Arbitration Agreement Under the New York Convention, Remarks on the Order of OLG Schleswig [19 Journal of International Arbitration]
  • The History and Significance of the New York Convention [The Vindobona Journal of International Commercial Law and Arbitration]
International Arbitration
  • 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 African gas supplier in an UNCITRAL arbitration in London against a U.S. entity concerning alleged breaches of LNG gas supply and shipping agreements.
  • Party-appointed arbitrator in German/American $12.5 million specialty chemicals distribution ICDR arbitration seated in Philadelphia.
  • 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 U.S. entrepreneur in $50 million ICDR arbitration award challenge against Asian State resulting from a sole representation mandate related to sovereign bond issuance.
  • Represented C=Holdings B.V. in a trial against Asiarim Corporation regarding ownership of Commodore trademark. Gusy and Weldon achieved confirmation of ownership by our client and an award of $1 million in statutory damages via scrupulous correspondence review and strong cross-examination.
  • Sole arbitrator in Dutch/Danish food representation UNCITRAL arbitration seated in New York for declaratory relief with jurisdictional challenge.
  • Party appointed arbitrator in multi-party Hong Kong/UAE/Cyprus mining ICC arbitration governed by UK laws and seated in Paris.
  • 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.
  • Representing El Paso in its ICSID claim against the Republic of Argentina under the U.S.-Argentinean bilateral investment treaty for imposing measures affecting the regulatory frameworks governing the electricity and oil and gas sectors.
  • Representing BP and Pan American Energy in their ICSID case against the Republic of Argentina under the U.S.-Argentinean bilateral investment treaty for imposing measures affecting the regulatory framework governing the oil and gas sector.
  • Representing Camuzzi International in its ICSID case against the Republic of Argentina under the U.S.-Luxembourg bilateral investment treaty for abrogating dollar tariffs and inflationary adjustments in the gas sector.
  • Representing U.S. electricity producer in its $60 million payment dispute with a Central American government under ICC Rules.
  • Representing Trinh Vinh Binh and Binh Chau Joint Stock Company in an UNCITRAL arbitration against Vietnam under the bilateral investment treaty between the Netherlands and Vietnam in a dispute alleging unlawful confiscation of real estate and other assets without compensation. Vietnam settled the case on confidential terms on the eve of the final hearing on the merits.
  • Representing Plama Consortium Ltd in its ICSID case against the Republic of Bulgaria.
  • Party-appointed arbitrator in U.S.-Hungarian finance ICDR arbitration.
  • Party-appointed arbitrator in German-American $1 million post-merger cosmetics distribution, ICDR arbitration seated in New York.
  • Sole arbitrator in U.S./Canadian technology development ICDR arbitration seated in Cleveland.
  • Sole arbitrator in U.S. Canadian $.5 million multi-party apparel representation ICDR arbitration seated in Trenton, N.J.
  • Representing U.S. company in a $3 million post-acquisition music industry AAA arbitration under an asset purchase agreement.
  • Representing U.S. company in its $2 million water industry post-acquisition ICC arbitration in New York against Brazilian company.
  • Sole arbitrator in German-American designer representation ad hoc arbitration.
  • Representing German machine builder against former CEO in ICDR mediation.

Cross-Border Litigation
  • Obtaining $44+ million judgment against Latin American state in the SDNY on behalf of German plaintiffs in German judgments recognition action.
  • Representing U.S. individual in $100+ million private equity investment dispute relating to privatizations in Brazil in New York State Court, the SDNY and the 2nd Circuit.
  • 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 Brazilian telecommunications company in $3.3 million post-M&A litigation against Spanish parent in SDNY.
  • Representing Dutch companies against U.S. publicly listed companies in IT, fashion, and food products related trademark and copyright infringement SDNY litigations.
  • Representing Dutch global licensee and Dutch trader of fragrance products in seven-party SDNY trademark infringement litigation against brand acquirer.
  • Representing U.S. subsidiaries of Dutch and German companies in U.S. employment litigation against former CEOs in New York State courts.
  • Representing Dutch individuals in Dutch-American flower company succession dispute against U.S. individuals in the EDNY.

German American Corporate Practice
  • Lead adviser on German/American U.S. outbound incorporated IT joint venture.
  • 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.