 |
|
|
| |
|
 |
|

John L. Gardiner
Partner
Skadden, Arps, Slate, Meagher & Flom LLP
General Litigation, International Litigation and Arbitration
|
 |
|
John L. Gardiner is co-head of Skadden’s International Litigation and Arbitration Group. He concentrates his practice in the resolution of complex, high exposure, multijurisdictional disputes before federal and state courts, as well as leading arbitral institutions.
He is among The Best Lawyers in America 2011 and he is listed in the International Who’s Who of Commercial Arbitrators 2010. He also is one of the world’s best international arbitration lawyers and was named both by Chambers Global: The World’s Leading Lawyers for Business 2006-2007 and Chambers USA: America’s Leading Lawyers for Business 2005-2010.
Mr. Gardiner’s extensive litigation and arbitration experience covers a wide range of breach disputes in the energy, insurance, telecommunications, construction and finance sectors. He also has acted as arbitrator in complex international corporate disputes and as mediator in intricate corporate and partnership separation situations. He has participated as counsel in many successful mediations and expert proceedings both internationally and domestically.
Mr. Gardiner’s experience includes representing:
- a multinational oil drilling and services company in various disputes spanning three continents and elaborating a cohesive litigation/arbitration strategy;
- a major U.S. medical device company in federal court litigation to compel its counterparty to close a multibillion-dollar merger;
- the claimant in an ICC arbitration involving a power plant in Brazil;
- a claimant in an ICC arbitration concerning certain option rights in joint ventures in Brazil and Suriname;
- the Argentine subsidiary of a major U.S. energy company in a shareholders’ dispute before the ICC involving a gas transportation system and processing facility in Argentina;
- a group of U.S.-based insurance agencies in a series of litigations against their former principal in state and federal courts in several jurisdictions, and arbitrations before AAA and ad hoc tribunals;
- a leading U.S. accounting firm in securities class actions and accounting malpractice actions in state and federal court throughout the United States;
- a Hong Kong-based shipping company in an ICDR arbitration and obtaining a preliminary injunction in aid of arbitration;
- the claimant in an ICC arbitration arising out of the construction of a gas pipeline in Colombia;
- a leading international vehicle-rental business in a post-acquisition dispute with the largest French bank before the ICC;
- a leading U.S. bank in litigation in federal and state court to recover for fraudulent inducement to contract and breach of warranty in connection with its purchase of a business from a leading Japanese conglomerate;
- a client in a mediation and ad hoc arbitration arising out of the construction and operation of a power project in Brazil;
- a Spanish insurer in a dispute before the Supreme Court of New York, where a dismissal was obtained on grounds of forum selection, lack of personal jurisdiction and forum non conveniens;
- a former director and officer of a major international insurance company in shareholder derivative litigation in the Delaware Court of Chancery;
- the claimant in a post-closing purchase price adjustment dispute before the AAA arising out of a sale of the claimant’s interests in a propane and industrial gases distribution company;
- a U.S. aviation group in maritime attachment proceedings before the Southern District of New York;
- the owner of a large power plant in Indonesia in an arbitration before the Singapore International Arbitration Centre (SIAC) against its principal coal supplier for breach of an exclusive fuel supply contract for one of the first independent power projects in India;
- a major insurance underwriting agency in an ad hoc arbitration venued in London involving an agency dispute with an aviation and aerospace insurance business in the United Kingdom;
- a major computer manufacturer in an ICC arbitration and related litigation arising out of its agreement to acquire a competitor;
- a large Polish conglomerate in an ICC dispute brought by a U.S.-based venture capital firm; and
- a European developer and producer of automobile safety equipment in an ICC arbitration in Switzerland involving the misappropriation of confidential and proprietary knowledge in the automotive industry.
Mr. Gardiner’s representations have included, among others, Maurice R. Greenberg; C.V. Starr & Co., Inc.; Citigroup Inc.; Salomon Smith Barney Inc.; Enron Corp.; Deloitte & Touche LLP; Avis Group Holdings, Inc.; Elektrim S.A.; Laser Industries Limited; and Hoechst A.G.
Recent lectures
“Multi-Party Disputes and Joinder in International Arbitration,” ICCA 2008 conference, Dublin, Ireland (June 8-10 2008)
| Associations / Affiliations |
|
 |
Co-chair, Practising Law Institute panel on Current Developments in Federal Civil Practice
|
|
 |
Member, United States Council for International Business
|
|
 |
New York Office
T: 212.735.2442 F: 917.777.2442
E: john.gardiner@skadden.com
| Education
|
 |
| LL.B., University College, Dublin, 1984
|
 |
| Roll of Solicitors, Republic of Ireland, 1988
|
| Bar Admissions |
New York Ireland England and Wales |
 |
|
|
 |

John L. Gardiner
Partner
Skadden, Arps, Slate, Meagher & Flom LLP
General Litigation, International Litigation and Arbitration
|
| "New ICSID Annulment Decision Exposes Possible Gap in United States Investment Treaty Protection," Skadden, Arps, Slate, Meagher & Flom LLP, July 19, 2010 |
| "Stolt-Nielsen: Supreme Court’s New Ruling Clamps Down on So-Called 'Class Action Arbitration'," Skadden, Arps, Slate, Meagher & Flom LLP, April 29, 2010 |
| "Arbitration Panel Holds That the 1994 Energy Charter Treaty Protects Foreign Energy Sector Investments in Former Soviet Union," Skadden, Arps, Slate, Meagher & Flom LLP, February 5, 2010 |
| "Recovery of Attorneys' Fees in International Arbitration: The Duelling 'English' and 'American' Rules," The Arbitration Review of the Americas 2010, November 2009 |
| "United States Supreme Court to Review Availability of 'Class Action Arbitration' Where the Arbitration Clause is Silent,"? Skadden, Arps, Slate, Meagher & Flom LLP, June 18, 2009 |
| "International Dispute Resolution," Skadden, Arps, Slate, Meagher & Flom LLP, Spring 2009 |
| "Second Circuit Rules That Arbitrators Must Convene Hearing to Compel Third-Party Discovery Under FAA," Skadden, Arps, Slate, Meagher & Flom LLP, December 3, 2008 |
| "Enforcing Arbitration Agreements Amid Multi-Jurisdictional Litigation," The 2009 Arbitration Review of the Americas - a Global Arbitration Review special report, November 2008 |
| "Nicaragua Threatens Withdrawal From ICSID: Implications for Investors," Skadden, Arps, Slate, Meagher & Flom LLP, April 24, 2008 |
| "The U.S. Supreme Court Rules That Parties May Not Contractually Expand the Scope of Judicial Review Under the Federal Arbitration Act," Skadden, Arps, Slate, Meagher & Flom LLP, March 2008 |
| "Ecuador Attempts to Withdraw Consent to ICSID Jurisdiction for Natural Resource Disputes," Latin American Law & Business Report, January 31, 2008 |
| "Seventh Circuit: Thirty Day Time Limit in Reinsurance Arbitration Agreement Does Not Allow For Extensions for Federal Holidays or Saturdays," Mealey's International Arbitration Report, October 2007 |
| "Arbitration of Securities Claims Directed to Proceed as a Class Action Based on Deposit Agreement Governing American Depositary Receipts," Skadden, Arps, Slate, Meagher & Flom LLP, September 12, 2007 |
| "Bolivia Withdraws From the ICSID Convention and Venezuela May Follow Suit: Implications for Investors," Skadden, Arps, Slate, Meagher & Flom LLP, May 2007 |
| "A Blow to the New York Convention? United States Courts Refuse to Enforce Awards that have been Nullified in the Country of Origin," Mealey's International Arbitration Report, February 2000 |
| "A Blow to the New York Convention? U.S. Courts Refuse to Enforce Nullified Foreign Awards," ADR Currents, December 1999 |
|
|
|
|
 |
|