Frederick A. Acomb, FCIArb

INTERNATIONAL ARBITRATION

Fred began his career as an international arbitration specialist two decades ago. Examples of his work in the field include the following:

• Prosecuted and defended competing claims for ownership rights in the largest reserve of brown coal in the world, located in New South Wales, Australia, and oil, gas, coal bed methane, and coal mine methane reserves located in the U.S. The amounts at issue exceeded $300 million. The matter was seated in the U.S. and administered by the International Centre for Dispute Resolution.
• Defended a Chinese buyer in an $80 million post-M&A dispute with a Mexican company. The matter was seated in the U.S. and administered by the ICC International Court of Arbitration.
• Defended a U.S. seller in a post-M&A dispute with a Chinese buyer. The amounts at issue exceeded $45 million. The matter was seated in New York and administered by the International Centre for Dispute Resolution.
• Prosecuted a $40 million supply chain management dispute on behalf of a Mexican automotive supplier and against a U.S. original equipment manufacturer. The matter was seated in the U.S. and administered by the International Centre for Dispute Resolution.
• Prosected a $30 million post-M&A dispute on behalf of a Mexican company and against U.S. sellers. The matter was seated in the U.S. and administered by the International Centre for Dispute Resolution.
• Defended a Chinese manufacturer in a $20 million international automotive supply chain dispute. Obtained summary disposition on the vast majority of the claims. The matter was seated in Singapore and administered by the Singapore International Arbitration Centre.
• Defended a bet-the-division intellectual property claim brought by a Swiss corporation headquartered in the Isle of Jersey, U.K., against a U.S.-based engine manufacturer. The matter was seated in London and administered by the ICC International Court of Arbitration.
• Defended a Chinese buyer in a post-M&A dispute with a Dutch seller over business interests in Europe and North America. The matter was seated in Hong Kong and administered by the Hong Kong International Arbitration Centre.
• Defended a German automotive interior manufacturer in a multi-million dollar automotive supply chain dispute. The matter was seated in London and administered by the ICC International Court of Arbitration.
• Defended a Mexican car parts manufacturer in a multi-million dollar automotive supply chain dispute. The matter was seated in New York and administered by the ICC International Court of Arbitration.
• Defended a Mexican buyer in a wide-ranging post-M&A dispute with a U.S. seller over business interests located in Europe, Latin America, South America, and the U.S. The matter was seated in New York and administered by the ICC International Court of Arbitration.
• Represented a U.S. distributor in a supply chain management dispute with a Korean manufacturer.  The matter was seated and Seoul and administered by the Korean Commercial Arbitration Board.
• Defended Swiss and Polish parties in an intellectual property and territorial dispute seated in the U.S. and administered by the ICC International Court of Arbitration.
• Defended a Hong Kong manufacturer in an automotive supply chain dispute seated in the U.S. and administered by the International Centre for Dispute Resolution.
• Defended Chinese investors in a dispute with a U.S. company over a construction projected in Los Angeles. The matter was seated in Los Angeles and administered by the International Centre for Dispute Resolution.
• Represented a U.S. seller in a post-M&A dispute with a Chinese buyer. The matter was seated in New York and administered by the International Centre for Dispute Resolution.

OTHER INTERNATIONAL DISPUTES WORK

Examples of Fred’s transnational litigation work include the following:

• Defended more than 80 international automotive supply chain disputes on behalf of car parts manufacturers headquartered throughout the world.
• Defended multiple international product recall and warranty disputes on behalf of and adverse to manufacturers and suppliers located throughout the world.
• Defended international franchise disputes on behalf of companies located in Europe and North America.
• Obtained and resisted discovery outside the U.S. on behalf of companies located in multiple continents.  In one case, Fred traveled to Kuwait and cross-examined a member of the ruling Al Sabah family who was the former President of OPEC, President of OAPEC, Finance Minister of Kuwait, Oil Minister of Kuwait, and CEO of the Kuwait National Petroleum Co.
• Defended a large Chinese state-owned enterprise pursuant to the Foreign Sovereign Immunities Act.
• Obtained forum non conveniens dismissal of federal court action against large Chinese state-owned enterprise.
• Asserted and opposed petitions to obtain deposition testimony and documents in the U.S. for use in proceedings pending in other countries.
• Brought actions to confirm and enforce international arbitration awards issued by tribunals seated around the world.
• Developed international dispute resolution policies, protocols, and agreements on behalf of clients located throughout the world.

ADDITIONAL REPRESENTATIVE MATTERS

• Obtained defense summary judgment in case that put at risk the state's stock of housing for persons of low and moderate income and where the ultimate issue was ownership of more than $350 million in reserve funds.
• Obtained state supreme court opinion that expanded the jurisdiction of the state's court of claims and overruled two of the supreme court’s prior decisions.
• Obtained U.S. District Court ruling overturning as unconstitutional a state statute governing the payment of sales commissions to terminated sales representatives.  Although the ruling later was reversed by the U.S. Circuit Court of Appeals for the Sixth Circuit, the argument put in doubt the constitutionality of an assortment of other statutes.

ARBITRATOR

• Fred has served as an arbitrator in an assortment of automotive supply chain disputes.

SOCIAL MEDIA

Blog: globaldisputes.com

Twitter: @globaldisputes

"Comparing International and Domestic Arbitration: Tips for advocates, clients and arbitrators," (Panelist), State Bar of Michigan Alternative Dispute Resolution Section (February 20, 2024)

“The Midsized Company as Global Player,” (Panelist), sponsored by Schindhelm Pfisterer und Kollegen, Pforzheim, Germany (November 7, 2023)

"Meeting the Dispute Resolution Needs of US Businesses," (Panelist), ICC Court of International Arbitration and State Bar of Michigan International Law Section (June 1, 2023)

"Remote Dispute Resolution – a Success?" (Panelist), International Bar Association Annual Conference, Miami, Florida (October 31, 2022)

"New Developments in International Arbitration," (Panelist), Program for International Legal Studies, Wayne State Law School (September 14, 2022)

"A commercial litigator's guide to force majeure in the age of Covid-19," (Co-moderator), International Bar Association webinar (June 11, 2020)

"Meditation and the Practice of Law," (Speaker), International Bar Association Annual Conference, Seoul, Korea (September 24, 2019)

"Enforcing Your Contracts in the Global Economy: International Arbitration and the Cross-Border Deal," (Moderator), Co-sponsored with the ICC International Court of Arbitration (November 1, 2018)

"Post-closing claims: when the deal goes wrong," (Moderator), International Bar Association Annual Conference, Rome, Italy (October 9, 2018)

"What Role Has Good Advocacy in Mediations and Arbitrations?" (Speaker), International Bar Association Annual Conference, Sydney, Australia (October 10, 2017)

"Artificial Intelligence — How much of you will it replace? How much will it enhance?" (co-moderator) International Bar Association Annual Litigation Forum, Zurich, Switzerland (May 5, 2017)

"Navigating Dispute Resolution in North America and the Asia Pacific Region – Do We Use the Same Ship?" (Speaker), International Bar Association Annual Conference, Washington, D.C. (September 20, 2016)

"Tiered Dispute Resolution Clauses: Best Practice and Enforcement of Obligations to Negotiate in Good Faith," (Moderator), International Bar Association Annual Conference, Tokyo, Japan (October 22, 2014)

"Current Issues in International Arbitration," (Co-Moderator), Program for International Legal Studies, Wayne State University Law School (October 2, 2014)

"Strategies for Controlling Costs of Discovery Across Borders," International Bar Association Litigation Forum, Montreal, Canada (May 15, 2014)

"International Expansion of the Legal Profession," (Speaker), Comments to Chinese law students hosted by Wayne State University Law School Program for International Legal Studies (July 18, 2013)

"Employment in International Law," (Panelist), Wayne State University Law School (Spring 2013)

"Protecting Your Client In the Global Economy: International Arbitration and the Cross-Border Deal," (Moderator), Co-sponsored with the ICC International Court of Arbitration (April 18, 2013)

"International Arbitration - Five Things Every Business Leader Should Know," (Speaker), Cappuccino With Counsel (November 7, 2012)

"Pathways to Employment in International Law," (Panelist), Michigan State University College of Law, sponsored by International Section of the American Bar Association (October 20, 2011)

"Law Firm Risk Management," (Speaker), International Bar Association, Annual Litigation Forum, Krakow, Poland (May 19, 2011)

"U.S. Discovery in Aid of International Commercial Arbitration," (Panelist), Nuts & Bolts of International Commercial Arbitration, sponsored by University of Detroit Mercy School of Law, State Bar of Michigan International Law Section and Alternative Dispute Resolution Section (April 14, 2011)

"Doing Business with Germans," (Speaker), CLF/Detroit Regional Chamber of Commerce seminar (2001)

"Doing Business in the United States – The Mid-sized Company as Global Player," (Speaker), Baden-Württemberg, Germany (1999-2000)

"Drafting Sales Representative, Agency and Distributor Agreements," (Speaker), ICLE seminar (1998)