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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

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Following his service at the U.S. Department of Justice assisting the U.S. Attorney General, Ken spent years at prior firms litigating public international law and investment treaty claims before the Iran-U.S. Claims Tribunal and ICSID. Ken has developed exceptional experience representing sovereign states, sovereign government entities and multinational companies in investment disputes governed by contract, investment treaties or public international law. He also regularly serves as an advocate or an arbitrator in complex commercial disputes with an emphasis on technology, telecommunications, pharmaceutical, IP licensing, M&amp;A, oil and gas, renewable energy, mining, international distribution and construction/infrastructure arbitrations.

Ken is recognized both as a leading advocate and arbitrator by peer-reviewed publications, including Chambers Global, Chambers USA, Legal 500, International Who’s Who of Commercial Arbitration, Super Lawyers and <em>Euromoney’s Guide to the World’s Leading Experts in Commercial Arbitration</em>, among others. From 2012 to the present, Chambers has ranked him as a top practitioner in international arbitration, noting Ken’s “high acclaim from market commentators,” and “praise [for his] very creative and well-thought-out approaches” to cases, as well as his “extensive experience in acting as counsel and arbitrator in a range of commercial and investment treaty arbitrations.” Chambers USA (2012). Recently, a reviewer reported Ken’s “attention to detail is phenomenal and he takes a vested interest to understand our strategy and participate. My motivations are his goals.” Chambers USA (2023)

A former Chair of the American Bar Association’s 25,000-member International Law Section, Ken is a long-time leader of the international arbitration bar, serving as Chair and Life-time Councilor of the ABA International Law Section, Chair and Senior Advisor of its International Arbitration Committee, Liaison to the London Court of International Arbitration, member of the prestigious U.S. Secretary of State’s Advisory Committee on International Law, member of the International Bar Association Leadership Council and its International Arbitration Committee, member of the CPR (International Institute for Conflict Prevention and Resolution) Arbitration Committee and its Investment Disputes Subcommittee, trainer for the Chartered Institute of Arbitrators (CIArb), and Advisory Board and Executive Board member of the Institute for Transnational Arbitration. He has served as a co-author and steering group/task force member responsible for drafting the precedent-setting American Bar Association/American Arbitration Association Code of Ethics for Arbitrators in Commercial Disputes (2004), the International Bar Association (IBA) International Principles on Conduct for the Legal Profession (2011), the IBA Guidelines on Party Representation in International Arbitration (2013) and the CPR Rules for Administered Arbitration of International Disputes (2019) and CPR Fast Track Rules (2020).

Ken is regularly invited to speak at conferences around the world and he publishes widely on international dispute resolution topics.

core/freeform

J.D., Harvard Law School, 1978

B.A., Oberlin College, 

<ul>
<li>Chambers Global
<ul>
<li>International Arbitration: Arbitrators (USA) (2022 to 2024) &#8211; Band 3</li>
<li>International Arbitration: Counsel (USA) (2022 to 2024) &#8211; Band 6</li>
<li>International Arbitration (USA) (2012 to 2015)</li>
</ul>
</li>
<li>Chambers USA
<ul>
<li>International Arbitration: Arbitrators, Nationwide
<ul>
<li>Band 3 (2020 to 2024)</li>
</ul>
</li>
<li>International Arbitration: Counsel, Nationwide
<ul>
<li>Band 6 (2021 to 2024)</li>
</ul>
</li>
<li>International Arbitration (2012 to 2014)</li>
</ul>
</li>
<li>American Jewish Committee Washington: Judge Learned Hand Award Recipient (2023)</li>
<li>Washington, D.C., “Super Lawyer” (2014 to 2020, 2023 to 2024)</li>
<li>The Legal 500 United States
<ul>
<li><span style="font-style: normal;"><span style="font-weight: normal;">Recommended in Dispute Resolution: International Arbitration (2017 to 2024)</span></span></li>
</ul>
</li>
<li><em>Euromoney</em>: “Guide to the World’s Leading Experts in Commercial Arbitration”</li>
<li><em>Legal Bisnow</em>: “The John Wayne of Arbitration” (2010)</li>
<li><em>International Who’s Who of Commercial Arbitration</em></li>
<li><em>International Who’s Who of Business Lawyers</em></li>
<li><em>Benchmark: Litigation Guide to America’s Leading Litigation Firms and Attorneys </em>(6th ed.): Litigation Star for International Arbitration</li>
<li><em>InterContinental Finance Magazine</em>
<ul>
<li>Legal Excellence Award (2011)</li>
<li>Law Firm of the Year – Arbitration, Commercial Litigation, and Dispute Resolution</li>
</ul>
</li>
</ul>


Washington, D.C.

BakerHostetler attorneys, practice areas stand out in The Legal 500 annual guide

Chambers USA Guide 2024 Recognizes 155 BakerHostetler Attorneys and ­66 Practice Areas

BakerHostetler International Teams Host ABA ILS After Party

Ken Reisenfeld Speaks at 38th AAA-ICDR-ICC-ICSID Joint Colloquium on International Arbitration

BakerHostetler Continues to Collect Accolades with 2024 Rankings from Chambers Global

BakerHostetler Sponsors ABA Houston Energy Conference

BakerHostetler holds firmwide program on Jewish identity, antisemitism

Reisenfeld discusses bifurcation in investment arbitration at Washington Arbitration Week

Ken Reisenfeld receives prestigious AJC Judge Learned Hand award

BakerHostetler Attorneys and Practice Areas Recognized in The Legal 500 2023 Guide

Chambers USA Guide 2023 Honors 147 BakerHostetler Attorneys and Recognizes 64 Practice Areas

Ken Reisenfeld Presents International Corporate Counsel Award at ABA Conference

Ken Reisenfeld Speaks at Tel Aviv Arbitration Week Event

Thirteen BakerHostetler Attorneys, Eight Practice Areas Ranked in 2023 Edition of Chambers Global

Ken Reisenfeld Speaks About Internet Accountability at International Law Weekend

Ken Reisenfeld Takes on Faculty Role at International Arbitrator Training

BakerHostetler Attorneys, Practice Areas Shine in The Legal 500 2022 Guide

Chambers USA Guide 2022 Honors 145 BakerHostetler Attorneys and Recognizes 62 Practice Areas

Eleven BakerHostetler Attorneys, Seven Practice Areas Ranked in 2022 Edition of Chambers Global

BakerHostetler Attorneys, Practice Areas Recognized in The Legal 500 Guide for 2021

Kenneth Reisenfeld a Speaker at Dublin Forum on International Dispute Resolution

Chambers and Partners USA Honors 134 BakerHostetler Attorneys and 55 Practice Areas in 2021 USA Guide

Kenneth B. Reisenfeld Leads Luncheon Conversation with Former U.S. State Department Legal Advisers at ABA’s ILS Annual Meeting

BakerHostetler’s International Arbitration and Litigation Team Expands International Focus with New Leadership

Nine BakerHostetler Attorneys, Three Practice Areas Ranked in 2021 Edition of Chambers Global

BakerHostetler Attorneys Make Significant Gains in The Legal 500 Annual Guide

BakerHostetler Boosts High Marks in the Legal 500 2018 Annual Guide

150 BakerHostetler Attorneys Named 2016 Super Lawyers; 91 Named Rising Stars

International Arbitration Boot Camp: Protecting the International Project from Catastrophe

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Middle East Practice

<h5>Sovereign Entities, Investor-State and Investment Treaty Claims</h5>
<ul>
<li>Represented a U.S. investor in an ICSID case against the Republic of Peru seeking damages and costs exceeding $80 million for Peru’s interferences and ultimate destruction of an investment in a hydroelectric generation plant project.</li>
<li>Defended a Peruvian renewable energy operations company in an arbitration brought by the Peruvian government’s Ministry of Energy and Mines before the Lima Chamber of Commerce. Upon our client’s motion to dismiss on jurisdictional grounds and following a bifurcated hearing, the case was rejected on grounds of lack of jurisdiction.</li>
<li>Represented a significant European financial institution and its owners in an International Centre for Settlement of Investment Disputes (ICSID) arbitration in respect to discriminatory measures adopted by bank regulatory authorities, public prosecutors and courts against the financial institution in violation of protections afforded investors under the applicable Bilateral Investment Treaty.</li>
<li>Represented an Isle of Man company in a significant commercial and breach of fiduciary duty arbitration case seeking more than $500 million from a South Asian government. The case was seated in London, England, and governed by the English Arbitration Act 1996 along with the arbitration rules of the Chartered Institute of Arbitrators. A related bilateral investment treaty claim under ICSID rules was also pursued.</li>
<li>Served as special outside arbitration counsel for the U.S. government and the Overseas Private Investment Corporation (OPIC), a U.S. government agency now known as the U.S. International Development Finance Corporation (DFC), in an unprecedented state-to-state investment arbitration proceeding against the Government of India stemming from the Indian government’s expropriation of the $3 billion Dabhol power plant, which ultimately led to a settlement whereby India paid OPIC 100 percent of its claims and paved the way for quarterly high-level talks between the two governments.</li>
<li>Advised a U.S. government entity with respect to potential investment claims against the Bolivarian Republic of Venezuela.</li>
<li>On behalf of sovereign entities, negotiated the international dispute resolution agreements for long-term, large-scale investment and project agreements for ports, mines and transportation projects.</li>
<li>Represented the Republic of Indonesia in one of the longest-running arbitration and nullification cases in ICSID history relating to an alleged expropriation of hotel properties.</li>
<li>Represented a mining company in its ICSID investment treaty claims against a West African country for expropriation of its properties and interests.</li>
<li>Defended the Republic of France under the Foreign Sovereign Immunities Act against an unsuccessful attempt in U.S. District Court to attach the Embassy’s bank account in Washington, D.C.</li>
<li>Represented several large U.S. companies in the successful pursuit of significant expropriation claims before the Iran-U.S. Claims Tribunal, including claims exceeding $200 million.</li>
</ul>
<h5>Complex Contract and Commercial Disputes</h5>
<ul>
<li>Represented a prominent U.S. manufacturer in an insurance coverage Bermuda Forms arbitration sited in London and governed by New York law.</li>
<li>Served as an arbitrator in a significant International Centre for Dispute Resolution (ICDR) case raising financial accounting, misrepresentation and warranty issues arising from the purchase and sale of the aviation operations of a major European manufacturer.</li>
<li>Served as chair of an ICDR arbitration panel involving industry leaders relating to alleged breaches of construction and engineering services contracts for a nuclear power plant.</li>
<li>Represented a major North American transportation company in an ICC arbitration against DaimlerChrysler Rail Systems GmbH (Adtranz) and Bombardier Transportation GmbH, involving misrepresentations made during the acquisition of a substantial European business. Used the arbitration process and a related mediation to conclude an amicable commercial settlement between the parties.</li>
<li>Represented Mitsui Mining and Smelting Corporation, a large Japanese mining and transportation company, and its subsidiaries in trade, commercial, construction and investment disputes in U.S. and foreign courts and before international arbitral tribunals.</li>
<li>Defended Jet Airways, the second-largest Indian airline, in U.S. courts and obtained summary judgment dismissal on grounds of failure of service of process and jurisdiction.</li>
<li>Represented a large Dutch equipment manufacturer in a breach of contract action against its U.S. distributor in arbitration proceedings before the Netherlands Arbitration Institute, resulting in a multimillion-dollar judgment against the U.S. distributor.</li>
</ul>
<h5>Technology Licensing/Telecom/Pharmaceutical/Intellectual Property Disputes</h5>
<ul>
<li>Represented China Telecom (Americas), one of the largest telecommunications service providers in the world, in a contract dispute against Cogent Communications, one of the largest Internet Service Providers. Following a four-day civil trial before Virginia&#8217;s Fairfax Circuit Court, the Court issued judgment for our client.</li>
<li>Represented China Telecom (Americas) in a contract dispute against multiple U.S. and Hong Kong-based defendants before the U.S. District Court for the Eastern District of Virginia (EDVA), resulting in a default judgment in favor of our client.</li>
<li>Served as an arbitrator in a significant ICDR arbitration between a U.S. licensor and a leading Asian telecommunications manufacturer of handsets relating to alleged breaches of patent licensing agreements, including their royalty and audit provisions.</li>
<li>Represented an insurance company in an insurance coverage arbitration brought by a pharmaceutical company under the English Arbitration Act 1996 before an arbitration panel seated in London, England.</li>
<li>Represented a leading telecommunications content provider in a generic domain name challenge before the Internet Corporation for Assigned Names and Numbers (ICANN) that was resolved by an expert proceeding under ICC Rules.</li>
<li>Represented a leading Chinese telecommunications company in a JAMS arbitration brought by a Japanese telecommunications company relating to the cancellation of a long-term backhaul agreement.</li>
<li>Defended a medical device technology leader against bet-the-company patent infringement and royalty claims in arbitration before the German Institution of Arbitration (DIS).</li>
<li>Represented a global pharmaceutical company in a $50 million licensing dispute arbitrated under the rules of the World Intellectual Property Organization (WIPO).</li>
<li>Represented a global brand name franchisor in an international arbitration against a franchisee involving contract and intellectual property claims totaling in excess of $170 million.</li>
<li>Defended a large German technology manufacturing company by quashing service of process and obtaining the dismissal of a Florida state case claiming breach of warranty and fraud and seeking millions of dollars in compensatory and punitive damages.</li>
<li>Defended a large German technology company (a subsidiary of Daimler AG) in state and federal court litigation over a technology development and marketing agreement. Obtained full dismissal of all claims.</li>
</ul>
<h5>Energy Sector Disputes</h5>
<ul>
<li>Represented a multinational joint venture in a significant ICC arbitration involving breach of contract, engineering and construction claims brought against a state-owned oil company relating to the construction of a $1.5 billion petroleum refinery and pipeline in Mexico.</li>
<li>Developed a long-term strategy for a major E&amp;P company in an effort to avoid expropriation of its energy assets in Latin America.</li>
</ul>
<h5>Infrastructure Project/Construction/Engineering Disputes</h5>
<ul>
<li>Negotiated various construction and engineering service agreements (FIDIC and non-FIDIC) relating to significant projects in Asia and the Middle East and often including alternative dispute resolution provisions (e.g., senior executive negotiation, mediation, expert determination or dispute review boards) in addition to final and binding arbitration.</li>
<li>On behalf of a leading Japanese supplier of mining equipment and engineering know-how, defended against claims for breach of contract and delay damages relating to the design, engineering and installation of smelting equipment on large-scale mining projects in Asia, Australia and Latin America.</li>
<li>Represented a leading European engineering service provider in a defense against ICC arbitration claims arising from the construction of an oil refinery and pipeline.</li>
</ul>
<h5>Service as an Arbitrator</h5>
<ul>
<li>Served as an Emergency Arbitrator to adjudicate an application for an anti-suit injunction seeking to enjoin a Sovereign state from pursuing remedies in its domestic courts after the state had failed to obtain relief in a prior, completed ICDR arbitration.</li>
<li>Appointed by the London Court of International Arbitration (LCIA) to serve on a three-member Tribunal adjudicating eight consolidated arbitration cases arising from investor claims totaling more than £100 million in damages and involving claimants’ investments in a new cryptocurrency blockchain platform. The LCIA case was governed by English law and the English Arbitration Act and was sited in London.</li>
<li>Served as sole arbitrator in an ICDR arbitration involving alleged breaches of global logistics and supply chain management support for the construction of a solar thermal booster project in Australia.</li>
<li>Served as an arbitrator in an ICDR arbitration involving alleged breaches of patent licensing agreements relating to mobile communications technology.</li>
<li>Appointed by parties to serve as sole arbitrator in an ICDR arbitration located in New York relating to claims and counterclaims between a drug developer and a contract research organization relating to a global Phase III clinical trial for a cancer treatment therapy.</li>
<li>Appointed by one party to serve in an ICC arbitration in London relating to the construction of a power project in Afghanistan.</li>
<li>Served as an arbitrator in an ICDR arbitration arising from alleged breaches of a stock purchase agreement involving the sale of an aviation subsidiary of a European manufacturer.</li>
<li>Served as chair in an ICDR arbitration involving commercial and engineering services disputes arising from alleged contractual breaches relating to the construction and operation of a nuclear power plant.</li>
<li>Served as arbitrator for <u>In the Matter of Fresh Cut Flowers from Mexico</u>, NAFTA, Chapter 19 Binational Review, Secretariat File No. USA-Mex-1995-1904-05 (Decision: Dec. 16, 1996).</li>
<li>Served as arbitrator for <u>In the Matter of Pure Magnesium From Canada</u> (Anti-Dumping Determination), Article 1904 Binational Panel Review Under the United States-Canada Free Trade Agreement, Secretariat File No. 1992-1904-04 (Decision: October 6, 1993).</li>
<li>Served as chairman, sole arbitrator, co-arbitrator and Emergency Arbitrator in various commercial, contract, construction and investment disputes.</li>
</ul>
<h5>Judicial Enforcement of Arbitral Awards</h5>
<ul>
<li>Defended Outback Steakhouse, a global food and beverage franchise company, in Argentine and U.S. courts against recognition and enforcement of a $100 million ICC arbitration award that purportedly had been obtained by an Argentine franchisee against Outback Steakhouse. Award was set aside.</li>
<li>Represented a U.S. company seeking recognition and enforcement in U.S. and Honduran Courts of a United Nations Committee on International Trade Law (UNCITRAL) award in excess of $60 million against the Republic of Honduras.</li>
</ul>


Kenneth B. Reisenfeld

<ul>
<li>Moderator and Speaker, “Corruption, Fraud and Violations of General Principles of Law in International Arbitration,” Washington Arbitration Week, December 3, 2024</li>
<li>Speaker, “Corruption in Arbitration – Have Expectations for an ‘Interventionist’ Tribunal Shifted?” 38th AAA-ICDR-ICC-ICSID Joint Colloquium on International Arbitration, May 21, 2024</li>
<li>Speaker, “What Can We Learn From Investor-Treaty Cases in the Latin American Renewable Energy Sector,” ABA Houston Energy Conference, February 28, 2024</li>
<li>Speaker, “Bifurcation (or Trifurcation?) in Investment Arbitration – A Success Story? What Have Been the Impacts on Efficiency and Costs?” Washington Arbitration Week, November 30, 2023</li>
<li>Speaker, “Threats to Judicial Independence and its Effect on International Arbitration,” Tel Aviv Arbitration Week, March 1, 2023</li>
<li>Speaker, “Accountability and Internet Governance,” International Law Weekend (ILW), October 20, 2022</li>
<li>Speaker, “CIArb Accelerated Route to Fellowship International Arbitrator Training Program,” The Chartered Institute of Arbitrators, October 7, 2022</li>
<li>Speaker, “Perspectives on Prospects for Practices in the Post Pandemic Epoch,” XIV Dublin Forum on International Dispute Resolution, June 16, 2021</li>
<li>Moderator, “Rebuilding America&#8217;s Leadership in Rule of Law at Home and Abroad: A Conversation with Former Legal Advisers of the U.S. State Department,” ABA’s International Law Section Virtual Annual Meeting on April 14, 2021</li>
<li>Speaker, ”Rebuilding America&#8217;s Leadership in Rule of Law At Home and Abroad: A Conversation with Former Legal Advisers Harold Hongju Koh and John B. Bellinger III,” ABA International Law Section’s Annual Meeting, April 13, 2021</li>
<li>Speaker, “Developments in Investor-State Arbitrations,” 2020 Virtual Dublin Forum, June 16, 2020</li>
<li>Moderator, &#8220;Leadership in Law and Practice Conference,&#8221; Oxford University, July 2, 2019</li>
<li>Program Co-Chair and Moderator, “Make ADR Great Again! The In-House Perspective,” 2018 CPR European Congress on Business Dispute Management, CPR and CEDR, London, England May 31, 2018</li>
<li>Speaker, International Arbitration Boot Camp: Protecting the International Project from Catastrophe, BakerHostetler Seminar, April 27, 2016</li>
<li>Seminar Co-Chair, “International Corruption and Fraud: A Trilogy of Perils – Investments and Joint Ventures in High Risk Countries: How to Protect Through International Arbitration, Investment Treaties and Compliance Programs,” Patton Boggs Client Seminar, Washington, DC</li>
<li>Program Co-Chair and Moderator, “Cultural Conflicts and Guerrilla Tactics in International Arbitration: Do the New IBA Guidelines on Party Representation Provide a Solution?” American Arbitration Association Section of International Law Spring Conference, New York, April 3, 2014</li>
<li>Speaker, “Investor-State Mediation: A New Trend for the Resolution of Investment Disputes,” Eighth Annual ICC New York Conference, New York, September 9, 2013</li>
<li>Speaker, “Counsel Conduct in International Arbitration: An Update and Report by the IBA Task Force,” Program Hosted by IBA Arbitration Committee, IBA Annual Conference, Dublin, Ireland, October 2, 2012</li>
<li>Program Co-Chair, “Mediation Processes as Strategic Tools for Arbitration Counsel: Can Mediation Windows, Parallel Mediation or Other Structured Settlement Processes be Effective Instruments in the Toolkit of Arbitration Counsel?” International Bar Association Annual Conference, Dubai, United Arab Emirates, November 1, 2011</li>
</ul>


Speaking Engagements

<ul>
<li>Co-Author, “Third Party Funding in International Arbitration – Review of District of Columbia, Law and Ethical Standards,” Second Edition, <u>Handbook on Third-Party Funding in International Arbitration</u> (Juris Arbitration Law), Forthcoming</li>
<li>Co-Author, “The Future is Now: New 2019 CPR Arbitration Rules Incorporate Best Practices for Fast and Efficient Administered Arbitrations,” Institute for Conflict Prevention &amp; Resolution (CPR), April 2019</li>
<li>Co-Author, “Third Party Funding in International Arbitration – Review of District of Columbia, Law and Ethical Standards,” <u>Handbook on Third-Party Funding in International Arbitration</u> (Juris Arbitration Law), March 2018</li>
<li>Co-Author, “Finality Under the Washington and New York Conventions: Another Swing of the Pendulum?” <em>ICSID Review</em>, Vol. 32, No. 2: 371-384 (2017) (Oxford University Press)</li>
<li>Co-Author, “The Lagarde Prosecution: Will the Decision Be a Blow to Finality in Investor-State Arbitration?” CPR&#8217;s <em>Alternatives Magazine</em>, Vol. 35, No. 2, February 2017</li>
<li>Co-Author, “Suits Against Foreign Sovereigns: Mixed Bag For Energy Cos.,” <em>Law360</em>, Jan. 17, 2017</li>
<li>Co-Author, “ICC Announces New Expedited Rules for Smaller International Arbitrations,” BakerHostetler Blog <em>Global</em></li>
<li>Co-Author, “The Achilles’ Heel of Investor-State Arbitration Awards,” Law360, Dec. 6, 2016</li>
<li>Chapter Author, “Strategies for Defending Foreign Defendants in Cross-Border Litigation,” <em>International Practitioner’s Deskbook Series: International Litigation Strategies and Practice</em>, ABA Press, Second Ed. 2014</li>
<li>Task Force Member and Co-Author, “<em>IBA Guidelines on Party Representation in International Arbitration</em>” (adopted by IBA Council, May 2013)</li>
<li>Quoted in “Asset Recovery Firm Sues Pakistan,”<em> Global Arbitration Review</em>, August 9, 2013</li>
<li>Co-Author, IBA International Principles on Conduct for the Legal Profession, adopted by IBA Council, May 28, 2011</li>
<li>Quoted in “Court in a Trap: Complex Disputes in the UAE,” <em>Construction Week</em> and <em>Arabian Business.com</em>, November 6, 2010</li>
<li>Quoted in “Do Counsel Need An Ethical Code,” <em>Global Arbitration Review</em>, August 20, 2010</li>
<li>Quoted in “ICSID 101: Delegates Gain the Basics,” <em>Global Arbitration Review</em>, July 7, 2010</li>
<li>Quoted in “Arbitration and Litigation: Is There a Clear Winner?” <em>IBA Arbitration News</em>, Vol. 15, No. 1, March 2010</li>
</ul>


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Kenneth B. Reisenfeld

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