FacultyFaculty/Author Profile

Allen B. Green

McKenna Long & Aldridge LLP

Washington, DC, USA


With 39 years of experience, Allen B. Green has engaged in extensive litigation and counseling on a wide range of international matters. He represents clients in international arbitration and court litigation, focusing on those involving governmental parties. Mr.

Green counsels and represents clients before federal agencies concerning the U.S. government's regulation of exports, including, in particular, U.S. export controls, the Foreign Corrupt Practices Act (“FCPA”) and trade embargoes. He counsels on all aspects concerning offsets under international defense contracts, including the Feingold Amendment; FMS rules concerning cost recovery; and contractual best practices. He has testified before Congress on FCPA amendments and has worked on all aspects of international government contracting over the years, including foreign military sales, direct “FMF” sales and US AID contracts and regulations.

Mr. Green also regularly advises U.S. clients entering global markets on a range of international contracting best practices and risk mitigation techniques. He assesses market entry issues relating to in-country presence, due diligence, contract formation, representative/consultants and teaming agreements, joint ventures, investment protections, legal and business climate, and the like. In addition, he conducts audits and investigations for clients concerning U.S. Export Laws and Regulations and the Foreign Corrupt Practices Act ("FCPA") and counsels on compliance programs, classification and licensing issues, voluntary disclosures, and governmental actions.

Mr. Green currently heads the firm's International Practice Group. In 2014, Chambers USA recognized Mr. Green as one of the nation's leading practitioners in international arbitration, noting he is a "very sophisticated and charismatic" practitioner, and a "comforting choice when you have a big case."

Notable Engagements
Won more than $50 million in claims on behalf of Fortune 500 government contractor in ICC arbitration against a European government for damages stemming from breach of a defense and security contract. Defeated more than $200 million in set-offs brought against the company and secured a reversal of the termination of the contract. Award issued July 2013. ICC Case No. 16394/GZ/MHM.

Lead Counsel in an international arbitration administered by the Cairo Regional Centre for International Commercial Arbitration between U.S. client and a privatized entity of the Egyptian government and aviation industry. Defeated all claims by opponent and prevailed on client claims. Award issued April, 2011.

On behalf of U.S. plaintiff/appellant, established jurisdiction in the United States over a foreign entity in an international arbitration award enforcement action under the New York Convention. Faced with a novel issue involving both international arbitration law and Constitutional due process, the Third Circuit adopted a key aspect of the MLA litigation team's argument on appeal. The Third Circuit reversed the district court and held that "the desire to have portability of arbitral awards" influences a U.S. district court's analysis of personal jurisdiction. The case involved an arbitration award valued at well over $100 million. See Telcordia Tech, Inc. v. Telkom SA Ltd, 458 F.3d 172 (3d Cir. 2006), cert denied, 549 U.S.
1206 (2007).

Represented multinational company in International Centre for Dispute Resolution (ICDR) arbitration of a claim by a foreign consultant against the multinational company. Award in client's favor.

Represented a multinational company in U.S. federal court matter involving defamatory statements and interference with business opportunities throughout Europe and the United States. Secured reversal and remand of the case. See Jankovic v. International Crisis Group, 494 F.3d 1080 (D.C. Cir. 2007).

International Chamber of Commerce arbitration involving three consolidated cases, arising under teaming and related agreements between U.S. and European companies, with hearings in London, which resulted in a substantial award on the merits for our client, the claimant.

Arbitration under ICC rules and Belgian law between a U.S. company and a NATO agency, which resulted in a substantial award on behalf of our client, the U.S. company.

Arbitration under the United Nations Commission on International Law ("UNCITRAL") rules between a U.S. company, our client, and a Mideast government which resulted in a substantial award on the merits. After the losing party successfully challenged the award in its courts, we obtained a confirmation of the award from a U.S. federal district court, despite its being overturned in the foreign court, and received payment in full. This was a widely-reported case of first impression interpreting the application of the New York Convention in the United States. Chromalloy Aeroservices v. The Arab Republic of Egypt, 939 F. Supp. 907, 913 (D.D.C. 1996).

Arbitration administered by CEPANI, the Belgian international arbitration institute, between a U.S. buyer, our client, and a German seller, arising under disputes involving post-closing date balance sheet audits. Recovered substantial awards on the merits for our client.

Representation of a Central Bank in Europe in International Centre for Settlement of Investment Disputes ("ICSID") arbitration. A claim was brought against the Central Bank, our client, by a "foreign" investor. The ICSID tribunal completely rejected claimant's case. Counseling a major construction company developing a massive solar photovoltaic plant in Africa. Counseling on market access issues, joint venture and teaming agreements, licenses and related approvals from the government, FCPA due diligence, export control, and compliance issues.

Assisting client operating in the Middle East in direct sales to foreign governments of more than $250M of sensitive military equipment.   Counseling a major construction company developing a massive solar photovoltaic plant in Africa. Counseling on market access issues, joint venture and teaming agreements, licenses and related approvals from the government, FCPA due diligence, export control, and compliance issues.

U.S. Rapporteur for ICC International Court of Arbitration "Guide to National Rules of Procedure for Recognition and Enforcement of New York Convention Awards."

Counsel for U.S. companies in many U.S. State Department and Commerce Department voluntary disclosures, internal investigations, and government initiated investigations relating to U.S. export controls.

Represented numerous defense companies in proceedings before and negotiations with Defense Security Cooperation Agency.

Counsel in first major Justice Department criminal investigation and settlement of Direct Commercial Contract FMF - financial fraud allegations.

Counsel for U.S. company in first FCPA trial to be dismissed by court prior to going to the jury.

As long-term General Counsel for American League for Exports and Security Assistance, worked on many Foreign Military Sales (FMS) and Foreign Military Financing (FMF) issues with industry-wide applications.

Served on an American Arbitration Association panel of experts to evaluate capabilities of neutral arbitrators.

Education

J.D., University of Virginia School of Law, 1975
B.A., University of Virginia, 1969

Bar Admissions

District of Columbia
Virginia

Practices

International - International Dispute Resolution - Export Controls - FCPA Compliance - International Trade
Government Contracts - Export Controls - International Government Contracting
Construction & Engineering

Professional Activities

American Bar Association, Chairman, International Procurement Committee, Public Contract Law Section (three terms), 1991 to 1994
Professorial Lecturer in Law, Foreign Government Contract Law, George Washington University School of Law

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