Frederick Acomb

Practice Areas

Litigation and Dispute Resolution

International Disputes

Career

Frederick Acomb defends and prosecutes transnational litigation and international arbitration matters for clients located throughout the world. His work regularly takes him around the globe. He has appeared before arbitration tribunals in Asia, Europe, and North America.

Fred has also represented international and domestic clients in more than 70 automotive supply chain disputes. As former general counsel to the firm, he has a unique perspective on client service that he endeavors to bring to every engagement.

Professional Memberships

Officer and Co-Chair, International Bar Association, Litigation Committee, 2022-present

Officer and Senior Vice Chair, International Bar Association, Litigation Committee, 2020-2021

Officer and Vice Chair, International Bar Association, Litigation Committee, 2018-2019

Officer and Secretary, International Bar Association, Litigation Committee, 2016-2017

Officer and Website Co-Editor, International Bar Association, Litigation Committee, 2014-2015

Fellow, Chartered Institute of Arbitrators, 2012-present

External Advisory Committee, Program for International Legal Studies, Wayne State University Law School, 2013-present

International Bar Association, International Arbitration Section

American Bar Association, International Law and Practice Section

State Bar of Michigan, International Section

Detroit Metropolitan Bar Association

Fellow, Oakland County Bar Association, 2010-present

Publications

"Using the U.S. Courts to Obtain Discovery Here and Abroad for Foreign and International Proceedings," (Co-author), 99 Mich. B.J. No. 9, 32 (September 2020)

"A U.S. Guide on Force Majeure and Other Defenses to Nonperformance Due to COVID-19," International Bar Association webinar materials (June 11, 2020)

"Meditation and Responding With Skill to the Daily Stress of Practicing Law," International Litigation News, pp. 17-18 (May 2020)

"Can a U.S. Court Order Foreign Discovery for a Foreign Use?" (Co-author), Litigation, ABA Journal of the Section of Litigation, Vol. 46 No. 2, pp. 13-14 (Winter 2020)

"What Are You Doing to Promote Diversity?" International Litigation News, p. 13 (September 2019)

"Can a United States Court Order Discovery Outside the U.S. for Use in a Foreign Proceeding?," (Co-author), International Litigation News, p. 80 (May 2019)

"Double-Hatting in International Arbitration," Litigation, ABA Journal of the Section of Litigation, Vol. 43 No. 4, pp. 15-16 (Summer 2017)

"The Insider Adversary in International Arbitration," (Co-author), The American Review of International Arbitration (ARIA), Volume 27, No. 1 (2016)

"Hague Convention on Choice of Court Agreements: Impact and Opportunity," (Co-author), Michigan International Lawyer, Volume 28 No. 1 (Spring 2016)

"Enforcement of International Commercial Transactions," (Co-author), Detroiter Magazine (January 2013)

"Sales Representative Termination" and "Promissory Estoppel" subchapters of Michigan Causes of Action Formbook, at "Chapter 18: Contract and Related Actions," published by the ICLE (2nd Ed. 2020)

"Dealer/Sales Representative Termination" chapter, Michigan Causes of Action Formbook published by the ICLE (2010-2019)

"50-Nation Compendium on Tiered Dispute Resolution Clauses" (Co-Editor-in-Chief), International Bar Association Litigation Committee (October 1, 2015)

United States chapter, "50-Nation Compendium on Tiered Dispute Resolution Clauses," (Co-author), International Bar Association Litigation Committee (October 1, 2015)

Michigan Chapter, "Getting the Deal Through-Dispute Resolution," (Author), Global Arbitration Review, Law Business Research Ltd., official research partner of the International Bar Association (2015, 2014, 2013, 2012, 2011, 2010, 2009)

Personal

University of California Hastings College of the Law 30 Year Reunion Committee (Class of 1990), October 2020

Northwestern University Club of Metropolitan Detroit

Director, 2012-2014, 2022-present

Detroit Central City Community Mental Health

Advisory Board, 2005-2007, 2009-2017, Director, 2003-2005, 2007-2009 Co-chair, Capital Campaign Committee, 2003-2005

Great Lakes Chamber Music Festival

Co-chair, Preview Party & Benefit Auction, 2002

20-30 Club

Trustee, 1995-1997

Kaleidoscope Concerts

Director, 1993-1997

Fanclub Foundation for the Arts, Trustee, 1995-1996

Work Highlights

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.

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 70 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.

Education