Litigation and Arbitration

General Commercial Litigation

Recognized as a leading firm for general commercial litigation, Cleary Gottlieb has extensive experience litigating commercial disputes involving claims of breach of contract, fraud, tortious interference, breach of fiduciary duty, unfair competition, negligence and other business liabilities. We represent numerous financial institutions, international organizations, trade associations, corporations in nearly every industry, and individuals as plaintiffs and defendants in significant and ground-breaking matters.

Our litigators have successfully represented clients in litigations and arbitrations involving disputes over a wide variety of commercial contracts and instruments, including ISDA Master Agreements, loan agreements, bonds, licensing agreements, letters of credit, investment agreements, joint ventures, repurchase agreements and supply agreements. For example, the firm recently won a jury verdict in the U.S. District Court for the Southern District of New York in favor of our clients, bondholders of Australian gaming company Aristocrat Leisure Limited, in a case stemming from a convertible bond offering issued by Aristocrat, which was governed by an indenture that Aristocrat breached. In another recent example, the firm successfully defended The Dow Chemical Company in a three-week trial in the U.S. District Court for the Southern District of New York against claims brought by INEOS involving a multi-million dollar dispute under a 35-year chemical supply agreement.

The firm regularly represents parties, including both insurers and policyholders, in diverse insurance and reinsurance disputes ranging from international arbitration involving breach of contract claims to high profile litigation related to business interruption coverage and consumer protection laws. In addition, our litigators have proven experience investigating and litigating matters involving business frauds. And clients have long relied on our firm for our unparalleled knowledge of complex tax liability issues and discretion in dealing with audits and other sensitive tax controversy matters.

We excel at litigating international commercial disputes, and are globally renowned for our dynamic international litigation and arbitration practice. Operating as a single, unified global partnership, our firm has the proven ability to represent clients seamlessly before a variety of courts, tribunals and regulatory agencies in the United States and around the world.


Practice Highlights What Others Say About Our Practice

Select Current Assignments

 We are counsel in numerous matters arising from the global financial crisis, including advising HSBC, BNY Mellon, BNP Paribas, Crédit Agricole and Citigroup in connection with litigation arising from the Madoff fraud; advising more than 50 financial institutions in class and individual actions arising out of the collapse of Lehman Brothers; and in mortgage-backed securities litigation for Bank of America and Citibank.

Cleary Gottlieb Wins First Madoff Case in Italy

Merrill Lynch Receives Unanimous Reversal of Summary Judgment Decision

Tomskneft Prevails in France in Challenge of Exequatur of $140 Million Arbitral Award Obtained by Yukos Capital

SuperMedia Inc. in Prepackaged Bankruptcy

Fintech in Settlement Transactions with Vitro and Other Creditors; Financing Transactions

Over 40 Banks Settle Lehman Securities Class Action Litigation

Goldman Sachs and Other Derivative Creditors in Lehman Brothers Plan Settlement

National Westminster Bank Wins Summary Judgment in Anti-Terrorism Act Lawsuit

Underwriters Win Dismissal of Securities Class Action Suit

Financial Institution Clients Defeat Attempt to Enforce Broad Discovery Subpoenas

The Bank for International Settlements Wins Dismissal of Class Action

Citigroup Wins Dismissal of 9/11 Suit

Iraq Successfully Defends Sovereign Immunity in UK Supreme Court

SKY Italia Wins Important Victory Against RTI

Hall of Famer Mark Messier Wins $6.2 Million National Hockey League Arbitral Award

Recognized for general commercial, antitrust, bankruptcy, securities, appellate (U.S. Court of Appeals for the Second Circuit) and white-collar crime litigation; international arbitration; and practices in New York and Washington, D.C.
Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms and Attorneys (2013)
Standout Securities and Finance Litigation Firm
BTI Litigation Outlook (2013)
GAR100 Firm
Global Arbitration Review’s Top Arbitration Firms Worldwide (2013)

Standout Firm for Litigation
(Setting the strategy in Madoff-related cases)
Financial Times - U.S. Innovative Lawyers Report (2012)
Securities Group of the Year
Law360 (2012)

Italian Litigation Law Firm of the Year
TopLegal (2012)
Recognized for general commercial, antitrust, securities and white-collar crime litigation; international arbitration; and practices in New York and Washington, D.C.
Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms and Attorneys (2012)
Go-To Law Firm for Litigation
Corporate Counsel (2012)

Restructuring Deal of the Year
(Lehman Brothers Chapter 11 proceedings)
International Financial Law Review (2012)
“This US firm has notable international strength in arbitration, with a particularly strong practice in Paris and a high level of expertise in disputes involving oil and gas issues, mining concessions, sovereign debt and financial services.”
Chambers Global (2013)
“Cleary houses an impressive bench of renowned litigators whose ability to handle the most complex disputes keeps the firm at the top of the list for high-profile clients. Its notable experience in matters involving financial institutions continues to see it involved in key commercial and securities disputes on both a national and international scale. The team is also highly regarded for its expertise in the white-collar criminal defense arena, and is bolstered by its significant complement of former government practitioners.

‘They have a very broad base of expertise, and real depth that extends globally.’ ‘They offer outstanding strategic and expert litigation advice.’”
Chambers USA (2013)
“This US powerhouse remains a go-to firm for complex international contentious issues, and is particularly noted for its strength in international arbitration. Recent highlights include advising on two of the first class actions in Italy following the adoption of a new class action law.”
Chambers Europe (2013)
“Cleary’s disputes practice is notable for its successful management of enormously complex cases, involving multiple litigations and arbitrations, often across many borders.”
Latin Lawyer 250 (2013)
“The firm's skill set is at the highest caliber among firms both in the US and internationally.”

“[Cleary] maintains a deep bench that clients have championed to handle their most complex matters.”
Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms and Attorneys, (2013)
“Cleary Gottlieb Steen & Hamilton LLP has established itself as a top tier national firm and has grown into an international litigation leader over the past 63 years.”
Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms and Attorneys (2012)  

“In addition to its very strong New York base, this group has significant disputes capacity in Paris, Rome and London, and also offers exceptional strength in antitrust cases via its Washington, DC office. The team counts a number of key financial institutions among its clients. According to sources: ‘A very good global disputes practice, with great strength in competition litigation.’”

“This firm’s arbitration expertise is chiefly concentrated in Paris, from where it acts on a variety of arbitrations including key cases involving sovereign states. Sources say: ‘Excellent in both Paris and the USA.’”
Chambers Global (2012)

“The strongly cohesive and integrated approach that Cleary offers is equally prevalent in the international arbitration practice group, and is highlighted by clients as being a distinct asset. The group is a recognized force in both investment treaty and commercial arbitration, and offers expertise across a wide range of industry sectors.” 
Chambers USA (2012)

“The large dispute resolution practice at this U.S. firm is perhaps best known for its international arbitration capacity, but is also well regarded in the litigation field. It handles commercial and investment treaty arbitration cases throughout the world, and is particularly active in the oil and gas, aerospace, telecoms and automotive sectors. Clients are full of praise for the high level of expertise and service provided by the group.”
Chambers Europe (2012)

“This firm has a strong presence in Latin America on the back of its corporate work in the region, and is particularly highlighted for its experience in sovereign debt and bondholders disputes. The team is primarily engaged in investment disputes and is well regarded for its expertise in both investor and sovereign state representation.”
Chambers Latin America (2012)

Cleary Gottlieb “represents sovereigns and investors in both treaty and commercial arbitration. … Clients praise the team as ‘responsive, capable, sophisticated, flexible and strong.’”
The Legal 500 U.S. (2012)
“Its ever-deepening commitment to the region has been underlined by the establishment of offices in Buenos Aires and São Paulo in 2009 and 2011, respectively…. ‘[The firm] demonstrates very high business acumen and an excellent capacity for problem solving.’”
The Legal 500 Latin America (2012)
“In addition to its very strong New York base, this group has significant disputes capacity in Paris, Rome and London, and also offers exceptional strength in antitrust cases via its Washington, DC office. The team counts a number of key financial institutions among its clients. According to sources: ‘A very good global disputes practice, with great strength in competition litigation.’”
Chambers Global (2011)