Kenneth B Reisenfeld

Practice Areas

Ken Reisenfeld serves as the leader of BakerHostetler’s Investor-State Arbitration team. He is among the world’s leading advocates and arbitrators in complex cross-border contract, commercial, licensing and investment treaty disputes. Over the past 35 years, Ken has litigated cases or been appointed as an arbitrator in proceedings administered by the most prominent international and regional arbitration centers around the world and in significant ad hoc tribunals, including in investor-state and state-to-state arbitrations. He also regularly serves as advocate or arbitrator in complex contract, commercial, technology, telecommunications, pharmaceutical, IP licensing, M&A, energy, mining, international distribution and construction/infrastructure arbitrations, and in judicial enforcement proceedings around the world.

Since his early years litigating expropriation claims before the Iran-U.S. Claims Tribunal, Ken has developed significant experience representing sovereign government entities and multinational companies in investment disputes governed by contract, investment treaties or public international law. Placing a high value on his strategic approach and thorough preparation, clients call upon Ken for effective, efficient and knowledgeable advocacy and solutions.

Professional Memberships

AAA-ICDR International Advisory Group Related to Cases with State and State-Related Entities

American Bar Association

Member of Board of Directors, ABA Rule of Law Initiative (Chaired by Justice Stephen G. Breyer)

Section of International Law

Former Chair of the 25,000 member Section of International Law

Appointed Member of Council

Liaison, London Court of International Arbitration

American Bar Foundation: Elected Fellow

Standing Committee on Law and National Security (former)

International Commercial Arbitration Committee

Senior Advisor

Former Chair

Taskforce on the ABA/AAA Code of Ethics for Commercial Arbitrators

International Bar Association

Former Councilor representing the ABA

Taskforce on Party Representation in International Arbitration

International Arbitration Committee

Bar Issues Commission and Policy Committee (2006 to 2011)

Washington Arbitration Week (WAW) Advisory Board (2023)

Institute for Transnational Arbitration, Center for American and International Law

Advisory Board

Executive Committee

Co-Chair of Annual Workshop (2009)

OFAC Group

U.S. Secretary of State’s Advisory Committee on International Law (served two terms)

International Centre for Dispute Resolution (ICDR/AAA)

State Parties Advisory Group

CPR International Institute for Conflict Prevention and Resolution

International Arbitration Committee

Silicon Valley Arbitration and Mediation Center

London Court of International Arbitration

North American Users Council

Publications

5/3/2023

Ken Reisenfeld Presents International Corporate Counsel Award at ABA Conference [https://www.bakerlaw.com/news/ken-reisenfeld-presents-international-corporate-counsel-award-at-aba-conference]

3/1/2023

Ken Reisenfeld Speaks at Tel Aviv Arbitration Week Event [https://www.bakerlaw.com/Ken-Reisenfeld-Speaks-at-Tel-Aviv-Arbitration-Week-Event]

2/16/2023

Thirteen BakerHostetler Attorneys, Eight Practice Areas Ranked in 2023 Edition of Chambers Global [https://www.bakerlaw.com/news/thirteen-bakerhostetler-attorneys-eight-practice-areas-ranked-2023-edition-chambers-global]

10/20/2022

Ken Reisenfeld Speaks About Internet Accountability at International Law Weekend [https://www.bakerlaw.com/news/ken-reisenfeld-speaks-about-internet-accountability-at-international-law-weekend]

10/3/2022

Ken Reisenfeld Takes on Faculty Role at International Arbitrator Training [https://www.bakerlaw.com/news/reisenfeld-takes-on-faculty-role-international-arbitrator-training]

2/24/2022

Eleven BakerHostetler Attorneys, Seven Practice Areas Ranked in 2022 Edition of Chambers Global [https://www.bakerlaw.com/Eleven-BakerHostetler-Attorneys-Seven-Practice-Areas-Ranked-in-2022-Edition-of-Chambers-Global-Guide]

Work Highlights

SOVEREIGN ENTITIES, INVESTOR-STATE, AND INVESTMENT TREATY CLAIMS

Represent a U.S. investor in an ICSID case against the Republic of Peru claiming damages and costs exceeding $80 million USD for Peru’s interferences and ultimate destruction of an investment in a hydroelectric generation plant project. Following a two-week hearing and post-hearing submissions, the case is awaiting a decision by the high-profile three-member Tribunal.

Successfully defended a Peruvian renewable energy operations company in an arbitration brought by the Peruvian government 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.

Represents a significant European financial institution and its owners in a prospective 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 bank in violation of protections afforded investors under the applicable Bilateral Investment Treaty.

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.

Served as special outside arbitration counsel for the U.S. government and the Overseas Private Investment Corporation (OPIC), a U.S. government agency, 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.

Advised a U.S. government entity with respect to potential investment claims against the Bolivarian Republic of Venezuela.

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.

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.

Represented a mining company in its ICSID investment treaty claims against a West African country for expropriation of its properties and interests.

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.

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.

COMPLEX CONTRACT AND COMMERCIAL DISPUTES

Represent a prominent U.S. manufacturer in an insurance coverage Bermuda Forms arbitration sited in London and governed by New York law.

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.

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.

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.

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.

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.

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.

Expert in these Jurisdictions

U.S. Supreme Court

U.S. Court of Federal Claims

U.S. Court of International Trade

U.S. Court of Appeals, District of Columbia Circuit

U.S. Court of Appeals, Sixth Circuit

U.S. District Court, District of Columbia

U.S. District Court, Northern District of Ohio

District of Columbia

Education

Awards