Domestic Arbitration
Arbitration is more than just litigation in a different venue. Success in arbitral proceedings requires a unique set of skills combined with an in-depth understanding of the special rules and procedures involved.
Arbitration is more than just litigation in a different venue. Success in arbitral proceedings requires a unique set of skills combined with an in-depth understanding of the special rules and procedures involved.
O’Melveny’s arbitration team features lawyers with extensive experience litigating, and resolving, complex contractual, consumer, and employment disputes under all the leading arbitral rule systems. Collectively, we have handled hundreds of arbitrations across various industries and practices.
Our attorneys are sensitive to the unique needs of arbitration matters, including the underlying nature of the dispute, the background of the arbitral tribunal, the rules governing the arbitration, and the seat of the arbitration.
Arbitration requires its own litigation strategy specific to the parties and the nature of the dispute. Our team stands ready to counsel clients on the best approach tailored to their goals and objectives.
Types of Disputes
- Commercial
- Consumer
- Intellectual Property
- Financial
- Labor and Employment
Services
- Litigating single and mass arbitrations
- Counseling on arbitration agreements
- Enforcing arbitration rights in court
- Advising on pre-dispute strategy and the pros and cons of arbitration versus court litigation
Industries
- Consumer & Retail Products
- Energy
- Insurance
- Entertainment & Media
- Securities and Finance
- Health Care
- Life Sciences
- Technology
- Fintech
- Sports
- Transportation
- Real Estate
Represented a major US airline in an interest arbitration that established the first joint pilot
collective bargaining agreement following its merger with a competitor. The arbitration panel adopted a pay rate substantially below the union’s proposal. The decision was also favorable to the company regarding scope and retirement issues—in most instances adopting the company’s position without change.
Represented a tenant in a dispute with a landlord over the interpretation and application of multiple provisions of a long-term modified gross lease for data center space. Following a one-week arbitration, our client was awarded more than US$1 million in damages, recovered
US$1.6 million-plus in attorneys’ fees and costs, and received multiple favorable lease interpretation rulings that will lead to significant future savings.
Defended the client in a threatened mass arbitration alleging close to US$150 million in damages on behalf of more than 20,000 claimants across the United States. The claimants alleged that the company’s business practices and marketing materials for its buy now, pay later service violated federal lending disclosure laws and state consumer protection laws. As is often the case with mass-arbitration demands, claimants’ counsel sought to leverage the threat of massive arbitration fees to extract a lucrative settlement. O’Melveny advised the company in revising its arbitration provision to mitigate mass-arbitration risk in this and future matters, while also developing and executing a strategy to expose factual and legal deficiencies in the claimants’ liability and damages theories. This led to O’Melveny to secure a settlement of all claims worth less than 5% of the company’s alleged total exposure.
Prevailed on behalf of a supply chain manager in a dispute with a purchaser of steel. Our team proved that the purchaser had engaged in massive fraud by clear and convincing evidence—a particularly noteworthy achievement given that the same fraud had eluded a major national bank and several other steel traders that had done business with the purchaser.
Reached a favorable settlement on the eve of an arbitration hearing in a dispute with a pipeline construction contractor. Our client sought to recover cleaning costs and liquidated damages incurred due to excess dirt and foreign material in the pipeline at turnover and to defend against a counterclaim for amounts withheld from the contractor.
Secured an appellate victory in a consumer class action mass arbitration when the Seventh Circuit ruled that our client need not pay US$4 million in individual arbitration fees for 35,000 consumers claiming the electronics company illegally collected their biometric data.
Secured a win in a week-long contested arbitration against a rival promoter concerning millions of dollars allegedly owed on pay-per-view bouts.