Betsy A. Hellmann

Ms. Hellmann counsels clients in disputes with foreign counterparties in various industries, including oil and gas, construction, insurance, reinsurance, securities, and telecommunications, in communication with local counsel, foreign governments and regulators, and the media. She also advocates for clients before international and domestic arbitral tribunals as well as U.S. state and federal courts. Ms. Hellmann advises clients on enforcement of dispute resolution clauses, enforcing judgments domestically and abroad, obtaining discovery in foreign jurisdictions, and structuring transactions to secure favorable law and dispute resolution forum.

Noteworthy experience representing claimants includes:

• a French client in an ICC arbitration against a Brazilian state-owned entity for transfer of shares and damages;
• securing a $700 million (plus interest) award for Indian satellite and telecommunications company with U.S., German and other shareholders against Indian space agency in Delhi-seated ICC arbitration concerning repudiation of long-term lease agreement, including the enforcement of the award in courts in France, the U.K. and the U.S.;
• three Mauritius claimants in a UNCITRAL arbitration against the Republic of India under the Mauritius-India BIT in a Hague-seated arbitration concerning satellite/space telecommunications sector (favorable merits award issued August 2016), including the defense of the award in the courts of the Netherlands;
• an estate in connection with several real estate transactions, including in a 16-day federal jury trial against U.S. commercial bank in which the jury unanimously found for the estate on its fraud and RICO claims, resulting in release of guaranty and return of collateral;
• Brazil’s largest reinsurer in multiple actions to recover amounts due under certain global notes and securing judgments in excess of $100 million; engagement involved successful appeal to New York state’s highest court, an anti-suit injunction to enjoin competing Brazilian litigation, and sanctions against one of the recalcitrant debtors; and
• a Kuwaiti businessman in multiple jurisdictions in a dispute over the distribution of family assets.

Noteworthy experience defending respondents includes:

• successfully defending Western Hemisphere LNG producer against a $250 million claim by a major international energy company in a UNCITRAL arbitration based in New York concerning a long-term LNG supply contract;
• defending a Brazilian insurance company in a 90-day ICC arbitration arising out of a fire in the steam generation units of Brazilian aluminum plant, including U.S. confirmation and contempt proceedings;
• representing a multinational energy conglomerate in mediation and multiparty arbitration and litigation involving all aspects of the construction and operation of a 480MW power plant and associated pipelines in Brazil; disputes included a pricing dispute with the regulator, a dispute with the turbine manufacturer, a shareholder dispute concerning construction costs, and associated force majeure and insurance claims. The engagement involved working with a specialist engineering firm to evaluate construction claims, as well as analyzing construction contracts and fuel supply agreements;
• defending a major auction house in a dispute with a consignor concerning alleged $40 million guarantee (case trial ready);
• representing a shareholder of a Korean joint energy venture in an arbitral dispute concerning management of venture;
• defending a group of U.S.-based insurance agencies in a series of arbitrations before ad hoc tribunals against their former principal;
• representing a Western Hemisphere liquefied natural gas producer in an arbitral dispute with an energy multinational concerning purchase price adjustment;
• representing a Western Hemisphere liquefied natural gas producer in a dispute with an equipment supplier (expert resolution); and
• defending a U.S.-based reinsurer in an arbitration with a transaction counterparty concerning post-closing matters.

Lectures and Presentations

• “Special Elements of Enforceable Awards,” JURIS Third Annual Conference on Enforcement of Arbitration Awards, Boston, September 2019
• “Career Paths in Arbitration,” Harvard Law School/BIAC/Arbitral Women, Boston, September 2019
• “Arbitration: Where Does it Belong and Not Belong?” ABA Conference, New York, May 2019