Eugene Gulland's practice includes arbitration and litigation in domestic and international courts and tribunals. He is recognized as a leading US advocate by Chambers USA, Best Lawyers in America, and the International Who's Who of Commercial Arbitration. He has broad experience in US trial and appellate litigation, which is an unusual and valuable qualification among advocates who also appear in international arbitration proceedings.
In addition to many cases currently pending before courts and arbitration tribunals (including Exxon Mobil Corp. v. Venezuela (ICSID); Exxon Mobil Corp. v. PDVSA (ICC); and large international commercial arbitrations), cases he has successfully completed during the last several years include the following:
Mohamed Bin Hammam. Successfully overturned FIFA lifetime ban of challenger to the incumbent President of the international football (soccer) federation in proceedings before the Court of Arbitration for Sport.
LaPine v. Kyocera Corp. Successful representation of company, obtaining unusual summary judgment in international arbitration affirmed by United States District Court for the Northern District of California (2008).
Satellite Arbitrations (ICC). Successfully represented European satellite operating company against a major European aerospace company in an ICC arbitration involving claims and counterclaims exceeding $150 million, and in another dispute against a US aerospace company.
Hilao v. Revelstoke Investment Corp. Successful representation of investment company opposing enforcement of a judgment in major litigation matter. 536 F.3d 980 (9th Cir. 2008).
LG&E v. Republic of Argentina. Successful representation of investor asserting treaty measures arising from repudiation of guaranteed investment protections. ICSID entered award on liability in October 2006.
MTD v. Republic of Chile (ICSID). Successful representation of Malaysian company asserting breaches of contract by Government of Chile and denial of fair and equitable treatment under Bilateral Investment Treaty. ICSID entered an award in favor of MTD in May 2004.
Beverage Industry Arbitration (UNCITRAL, LCIA). Successful representation in UNCITRAL arbitration (administered in London by LCIA) of leading international beverage company in dispute involving claims exceeding $250 million; also awarded attorney fees.
Telcordia Technologies v. Telkom Limited SA (arbitral enforcement litigation). Successfully represented South African telecom company in opposing the enforcement of ICC arbitration award in dispute involving claims in the hundreds of millions of dollars. The U.S. District Court for the District of Columbia refused to enforce the award, and the U.S. Court of Appeals for the D.C. Circuit and the Third Circuits and District of New Jersey affirmed.
Federal Treasury Enterprise v. Spirits International. Secured dismissal of claims by Russian Government entities to the Stolichnaya Vodka trademark (now on appeal).
Qatar Enforcement Litigation. Successfully represented the Government of Qatar in resisting enforcement of an ICC award. Creighton, Ltd. v. Government of the State of Qatar, 181 F.3d 118 (D.C. Cir. 2001).
Slaney-IAAF Litigation. Successfully represented the International Amateur Athletic Federation (IAAF), the world track and field governing body, in lawsuit by running star Mary Decker Slaney. A U.S. appellate court upheld an IAAF disciplinary procedure in a doping case as constituting a valid arbitration award not subject to challenge in US courts. Reported: Slaney v. IAAF, 244 F.3d 580 (7th Cir. 2002).
Whitehead v. Grand Duchy of Luxembourg. Successfully represented the Grand Duchy in lawsuit involving hundreds of millions of dollars of claims brought in the U.S. District Court for the Eastern District of Virginia and on appeal to the U.S. Court of Appeals for the Fourth Circuit.
Building Collapse Arbitration. Successfully represented the owner of an office building that collapsed during construction, proving that the architect-engineer made serious structural design errors.
Other noteworthy cases in which Mr. Gulland has served as lead counsel for his clients include: Reynolds v. International Amateur Athletic Federation, 23 F.3d 1110 (6th Cir. 1994) (international arbitration and personal jurisdiction issues; overturns $27.5 million judgment); United States v. Brown University, 5 F.3d 658 (3d Cir. 1993) (represented 12 leading non-profit national educational association amici in successful appeal overturning judgment holding that financial aid policies of MIT and Ivy League Schools violated the antitrust laws); Salomon Forex v. Tauber, 795 F. Supp. 768 (E.D. Va. 1992), aff'd, 8 F.3d 966 (4th Cir. 1993) (leading case on trading of financial derivatives; upholds lawfulness of Salomon's conduct and awards $27 million judgment); Puerto Rico Ports Authority v. FMC, 919 F.2d 799 (1st Cir. 1990) (important case limiting regulatory jurisdiction of the Federal Maritime Commission); Cross-Sound Ferry v. United States, 873 F.2d 395 (D.C. Cir. 1989); Crook v. Baker, 813 F.2d 88 (6th Cir. 1987); University of Denver v. Whitlock, 744 P.2d 54 (Colo. 1987) (en banc).
Mr. Gulland is a member of the bars of (and has practiced before) the U.S. Supreme Court; U.S. Courts of Appeals for the 1st, 2nd, 3rd, 4th, 6th, 7th, 9th, 10th, DC and Federal Circuits; and he has practiced before many federal district courts, state courts, and administrative agencies (including Federal Trade Commission, Securities and Exchange Commission, Federal Maritime Commission, U.S. International Trade Commission, and U.S. Customs Service).
His arbitration experience includes practice before (or under the rules of) the American Arbitration Association (AAA), International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA); UNCITRAL; CPR Institute for Dispute Resolution; and International Centre for the Settlement of Investment Disputes (ICSID); and the Court of Arbitration for Sport (CAS).
Mr. Gulland also served as Captain in the U.S. Army.