Eugenie Rogers

Practice Areas

Eugenie Rogers is a partner in Baker McKenzie's Dallas office who handles primarily international disputes. She has substantial experience representing clients in complex cross- border disputes, including international commercial arbitration and business litigation, with particular emphasis on high-value cases centered in Europe and the Middle East, in the construction, engineering, transportation, and energy sectors. Clients describe Eugenie as “super-smart and tenacious” (Legal 500 US, 2022) and "exceptionally capable at quickly grasping and articulating complex engineering and contract topics" (Chambers USA, 2022), and note that she "consistently provides sound advice that is collaborative and takes into account legal and commercial objectives" (Legal 500 US, 2021). Another client testimonial states: "Eugenie is highly intelligent and quickly gets to the crux of matters. She's creative, persistent, has a strong pen and is verbally very persuasive" (Chambers USA, 2022).

Eugenie is part of Baker McKenzie's globally ranked international arbitration practice and an active member of the Firm's Women in Arbitration group. Eugenie also serves as a regional representative of the ICC's Young Arbitrators Forum (YAF) in North America for its 2021–2023 mandate. She has been recognized annually (2016–2022) by Texas Super Lawyers as a Rising Star in business litigation and is a frequent speaker on issues relating to international arbitration.

Eugenie has extensive experience representing clients in international arbitrations governed by the rules of the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), and the Stockholm Chamber of Commerce (SCC), and domestic arbitrations under the American Arbitration Association (AAA), International Institute for Conflict Prevention & Resolution (CPR), and Financial Industry Regulatory Authority (FINRA) arbitration rules. She acts for and against states and state bodies, with particular experience in the energy sector and large infrastructure projects. She also advises clients in relation to investment treaties and public international law issues. Eugenie has first- and second-chaired multiple multimillion-dollar international arbitrations from inception through merits hearing and enforcement actions.

Eugenie supports clients across a broad range of industries including EPC construction and engineering services, energy, financial services, healthcare, retail and hospitality. She is a co-leader of the Firm's energy arbitration initiatives globally and of its energy, mining, and infrastructure industry group in North America.

In addition to international and domestic arbitrations, Eugenie's experience also includes litigating cases and appeals in US federal and state courts. She is licensed in both Texas and Florida.

Professional Memberships

• ICC Young Arbitrators Forum - North America regional representative, 2021–2023 mandate

• Chartered Institute of Arbitrators - Member (completed intensive international arbitration training program to attain Member credential)

• International Institute for Conflict Prevention & Resolution (CPR) - Member, Arbitration Committee; Member, Energy, Oil & Gas Committee

• Young ICCA (International Council for Commercial Arbitration) - Member

• State Bar of Texas - Member

• State Bar of Florida - Member

• American Bar Association - Member

• Dallas Bar Association - Member

• Dallas Association of Young Lawyers - 2019 Committee Co-chair, Older Wiser Lawyers; 2013 Member, DAYL Leadership Class

• Phi Beta Kappa - Member

Publications

• Author, "New York's highest court holds that arbitration panel did not exceed its authority by reconsidering a partial final award where the parties did not mutually agree that the partial decision would have the effect of a final award," International Litigation & Arbitration, Baker McKenzie, July 2020; reprinted by Global Arbitration News, July 2020

• Co-author, "Protection of foreign investments in the United States of America," in Preserve, Protect and Defend—Global Nationalization Risk: Practical Considerations for Investors, Baker McKenzie, April 2020

• Co-author, "'Could the Parties have Anticipated the Unthinkable?' Force Majeure in the Texas Energy Industry After COVID-19," Client Alert, Baker McKenzie, April 2020; also printed in The Texas Lawbook, 2 April 2020

• Author, "Fifth Circuit holds that domestic arbitration agreement contemplating overseas obligations subject to New York Convention for jurisdiction purposes, and confirms award issued by nine-arbitrator panel constituted in accordance with contractual arbitrator selection process," International Litigation & Arbitration, Baker McKenzie, March 2020.

Work Highlights

"• Prevailed in ICC arbitration seated in Houston, successfully defending USD 45 million in contract claims asserted relating to overseas module transportation in connection with an EPC project in the Middle East, and securing net costs award in client's favor.

• Won multimillion-dollar ICC dispute board claim, including award of attorneys' fees, on behalf of a US-based, multinational EPC contractor, in a Paris-seated proceeding administered by the ICC International Centre for ADR. The contractor's claim against the project owner related to unforeseeable site conditions arising out of the construction of an oil refinery megaproject in the Middle East.

• Won substantial ICC dispute board claim, including award of attorneys' fees, on behalf of the same EPC contractor, in another Paris-seated proceeding administered by the ICC International Centre for ADR. The contractor's claim related to contractual entitlement to an award of significant schedule and quantum relief based on changes in law and restrictions imposed by the local government in response to COVID-19, during construction of an oil refinery in the Middle East.

• Representing EPC contractor in bringing claim for entitlement to disputed change orders, and associated losses, in the construction of a major oil refinery.

• Secured favorable settlement and recovered substantial arbitration costs on behalf of EPC contractor in ICC arbitration seated in Kuwait City, involving defense against a supplier claim arising out of a refinery project in the Middle East.

• Secured favorable settlement in defense of claims relating to the calculation of the final account and claims for delay and further payment arising out of the construction of an industrial project in France.

• Won multimillion-dollar international arbitration award, order of rescission, and substantial award of attorneys' fees in a Miami seat ICDR arbitration in favor of a publicly traded Australian company against sellers of an Ecuadorian subsidiary relating to the sellers' corrupt payments to government officials. Prevailed in contested action in the United States District Court for the Southern District of Florida to confirm arbitral award pursuant to the Panama Convention.

• Won multimillion-dollar international arbitration award, including attorneys' fees, in favor of multinational hotel operator against former owner of a luxury-branded hotel, in an SCC arbitration seated in Stockholm.

• Successfully defended against indemnity and breach of contract claims asserted in a London seat ICC arbitration against Italian medical device company under component supply agreement with US-based manufacturer. Supported related litigation proceedings culminating in a favorable Ninth Circuit decision on a question of first impression regarding qualification as a biomaterials supplier under the US Biomaterials Access Assurance Act.

• Represented a major North American retail chain in executive compensation dispute before a sole arbitrator of the AAA.

• Successfully defended an arbitrability dispute in Texas state court, resulting in dismissal of the state court claim and referral to FINRA arbitration.

• Defended numerous customer arbitrations and prosecuted broker-dealer arbitrations before FINRA, resulting in favorable settlements of claims.

• Briefed appeal to the United States Court of Appeals for the Sixth Circuit resulting in reversal and rendition in favor of a medical device company, and ultimately recovery of money damages and attorneys' fees.

• Represented a publicly traded medical device company in several litigation matters, including state and federal court actions for breach of contract and misappropriation of trade secrets."

Education

Expert in these Jurisdictions

USA

Languages Spoken

English