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B. Ted Howes is a partner in the law firm of McDermott Will & Emery LLP, based in the Firm's New York office. Ted is a member of the Trial Department. His practice is in complex commercial litigation and arbitration, with a special focus on international dispute resolution. Ted is also the head of the Firm's Chinese Products Practice Group and has significant experience regarding the resolution of disputes with Chinese entities.
Ted has extensive experience in all aspects of international dispute resolution. He has successfully defended both U.S. and foreign companies in a wide variety of international commercial arbitrations, including arbitrations governed by the rules of the International Chamber of Commerce, the London Court of International Arbitration, the Hong Kong International Arbitration Centre and the International Rules of the American Arbitration Association. Ted has arbitrated cases both in the United States and abroad, including in France, England, Switzerland and Hong Kong. Ted has also presided and served as an arbitrator in international arbitrations, including an arbitration governed by the rules of the Austrian Federal Economic Chamber.
Ted is also an authority on drafting arbitration provisions for complex international commercial contracts, and routinely advises clients on this subject.
Ted has both lectured and written a number of articles on the subject of international arbitration and related international legal issues, including:
Panelist lecturer, "The Perils of Partnering Abroad: Ways to Avoid International Disputes, or At Least Minimize Their Danger Once They Have Arisen," Conference hosted by the Northeast Chapter of the Association of Corporate Counsel America, December 18, 2007
Integrated series of Celesq CLE lectures on international arbitration, October 2, October 10 and November 7, 2007
Defending Against Defections, Corporate Dealmaker, September 24, 2007
Defective Chinese Goods: Legal Risks and Protective Measures, Product Liability Law 360, July 2007
"Inherent Tensions in International Arbitration Discovery," International Arbitration and Mediation - From The Professional's Perspective, Yorkhill Law Publishing, June 2007
Lecture, "Thinking Ahead: Six Strategic Questions That Should Be Asked At the Beginning of Any International Arbitration," corporate CLE presentation, March 2007
"The State of Dispute Resolution in Today's World," International Bar Association Litigation Committee Newsletter, March 2007
Lecture, "Drafting an International Arbitration Clause: Nuts, Bolts and Strategic Considerations," corporate CLE presentations, December 2006 and January 2007
Panel moderator and lecturer on "Discovery in International Arbitration," Center for International Legal Studies symposium on international arbitration, Salzburg, Austria, June 2006
"Common Errors to Avoid in Drafting an International Arbitration Clause," MWE International News, April 2006
"Winning is Everything," keynote speech, ReedLogic Alternative Dispute Resolution Leadership Conference, December 2005
"Pre-Hearing Discovery II: Further Divergence in Court Treatment of Pre-Hearing Depositions and Pre-Hearing Document Discovery," International Bar Association Arbitration Newsletter, September 2005
"Arbitration Discovery: When Should Discovery Provisions be Included in an Arbitration Agreement?" ABA Dispute Resolution Magazine, Summer 1999
In addition to his international arbitration experience, Ted has extensive experience representing foreign and U.S. corporations in U.S. commercial litigations, particularly litigations with an international focus. Ted routinely appears before the federal and state courts of New York in connection with his litigation practice.
Ted has achieved a number of substantial victories for his clients in recent years, including the following:
A summary judgment victory for a Korean client in a New York state court action, in which the Supreme Court ordered the defendant to pay the client over $110 million in damages on a loan guaranty, as well as to reimburse the client's legal fees
The dismissal of claims totaling more than $10 million against one of the Firm's Korean clients following an ICC arbitration held in London, in a case that involved the termination of a Korean distributorship by a major U.S. apparel company
An award of $36 million to one of the Firm's French clients (and the dismissal of $30 million in counterclaims against the same client) following an ICC arbitration held in New York, in a case involving breaches of representation and warranties in an aircraft-component company acquisition agreement
The dismissal of claims in excess of $4.5 million asserted by a French glassware distributor against a New Jersey glassware manufacturer, as well as the award of all attorneys' fees and costs to the Firm's client, following a week-long ICC arbitration in Zurich, Switzerland
A summary judgment victory in a New York federal court action, in which claims in excess of $50 million, asserted by a consortium of multinational banks, were dismissed against one of the Firm's Korean clients
A settlement valued at almost $18 million for a U.S. client whose national flooring distributorship was terminated by a foreign manufacturer
Ted is a member of the Bar of the State of New York and is a member of the Arbitration Committee of the International Bar Association. He is also admitted to practice in the Southern, Eastern and Northern federal districts of the State of New York, and before the U.S. Court of Appeals for the Second Circuit. Ted is conversational in both French and Spanish.
Education:
Harvard Law School, J.D., 1991
Harvard University, B.A., 1987 |
