John L. Gardiner
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.
Mr. Gardiner was selected for inclusion in Chambers Global: The World’s Leading Lawyers for Business 2013. He repeatedly has been listed in The Best Lawyers in America, the International Who’s Who of Commercial Arbitration and Chambers USA: America’s Leading Lawyers for Business.
Mr. Gardiner’s extensive litigation, arbitration and mediation experience covers a wide range of disputes in the aluminum, energy, insurance/reinsurance, 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 coordinating 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 a 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 before 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;
- in maritime attachment proceedings before the Southern District of New York for a U.S. aviation group;
- 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.; Starr International Company, 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.
Lectures and Presentations:
- “Witness Preparation in International Arbitration”, ICCA 2010 conference, Rio De Janeiro, Brazil (May 2010); and
- “Multi-Party Disputes and Joinder in International Arbitration,” ICCA 2008 conference, Dublin, Ireland (June 8-10 2008)
LL.B., University College Dublin, 1984
Roll of Solicitors, Republic of Ireland, 1988
Co-chair, Practising Law Institute panel on Current Developments in Federal Civil Practice
Member, United States Council for International Business