RECENT INTERNATIONAL MATTERS
Mr. Baugher has more than 40 years of commercial litigation and arbitration experience. His cases have spanned industries and claims and national borders in a global economy.
Representative Matters as Counsel
Mr. Baugher has won major cases involving businesses and governments outside the U.S. Representing a Texas bank in New York federal court, Mr. Baugher obtained a $53 million judgment against Iraq’s primary commercial bank and subsequently pursued the Central Bank of Iraq for further relief through successful Second Circuit appeals. Other notable cases include:
- Won settlement on eve of federal trial, recovering funds advanced by Russian airline for unconsummated deal to lease three Boeing 727 airplanes.
- Won dismissal of federal securities suit against offshore Caribbean bank client.
- Successful contract and loan guaranty appeal for successor national bank; federal Court of Appeals affirmed client’s post-judgment discovery and upheld jurisdiction over state-owned Iraq bank despite claim of sovereign immunity.
- Defended Mexican corn milling company in multidistrict consumer class action suits on genetically-modified corn products; federal court subsequently approved favorable settlement of consumer cases.
- Won reversal for clients in federal Court of Appeals, permitting enforcement in Alabama of a large Greek judgment under 1951 Friendship, Commerce and Navigation Treaty.
- Obtained production of documents in U.S. for use in pending foreign legal proceedings (e.g., in Netherlands) under Judicial Code, 28 U.S.C. § 1782.
Representative Matters as Arbitration Counsel
Mr. Baugher has represented clients in numerous arbitrations, including:
- Counsel to U.S. based company seeking relief from an adverse ICDR award under UK Arbitration Act for large off-shore construction project.
- Enforced ICC Arbitration Award in federal court for financial management consultant, collecting entire award with interest and attorneys’ fees.
Representative Matters as Arbitrator
During the last several years, Mr. Baugher has served as an arbitrator and rendered reasoned awards in major commercial arbitrations. Among these are:
- Sole arbitrator in ad hoc international arbitration brought by U.S. manufacturer against Italian parent of Mexican component supplier determining responsibility for costs of major appliance recall ordered by Consumer Product Safety Commission, involving motions on parent-subsidiary liability, extensive expert engineering and statistical testimony, and legal briefing, concluded with substantial written opinion and award.