With 40 years of experience, Allen 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 related to international government contracts and/or sovereign parties. Allen counsels and represents clients before federal agencies concerning the US government's regulation of exports, including, in particular, US 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.
Allen also regularly advises US 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 US 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.
In 2014 and 2015, Chambers Global; USA recognized Allen 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." He has also been recognized by Super Lawyers in the field of International Business & Transactions.
Allen is an adjunct professor, Foreign Government Contract Law, at George Washington University Law School, and also at Georgetown University Law School, International Commercial Arbitration with the Foreign Sovereign. He is the author of a leading treatise, International Government Contract Law, West (2012, updated annually). Allen is a member of a panel of arbitrators established by the International Centre for Dispute Resolution (ICDR), the international arm of the Arbitration Association, to hear disputes in the Aerospace, Aviation, and National Security fields (the AANS Panel).
- Won more than US$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 US$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.
- Represented US client in an international arbitration administered by the Cairo Regional Centre for International Commercial Arbitration against a privatized Egyptian aviation entity. Defeated all claims by opponent and prevailed on client claims. Award issued April, 2011.
- On behalf of US 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 Dentons 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 US district court's analysis of personal jurisdiction. The case involved an arbitration award valued at well over $US100 million. See Telcordia Tech, Inc. v. Telkom SA Ltd, 458 F.3d 172 (3d Cir. 2006), cert denied, 549 US 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 US 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 US 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 US company and a NATO agency, which resulted in a substantial award on behalf of our client, the US company.
- Arbitration under the United Nations Commission on International Law ("UNCITRAL") rules between a US 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 US 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 US 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.
- US Rapporteur for ICC International Court of Arbitration "Guide to National Rules of Procedure for Recognition and Enforcement of New York Convention Awards."
- Counsel for US companies in many US State Department and Commerce Department voluntary disclosures, internal investigations, and government initiated investigations relating to US 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 US 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.
- "International Government Contract Law." Author Allen B. Green. Treatise published by Thomson West, February 2012.
- "Public Policy and International Arbitration in the European Union." Co-Authors Allen B. Green and Josh Weiss. The American Review of International Arbitration, Vol. 22, no. 4, 2011. June 2012.
- "In-House Counsel Remains Unprotected by Legal Privilege in EU Commission Investigations Pending Akzo Nobel Appeal,” International Law Report, December 2007, Co-Authors Allen B. Green, William T. O’Brien, and Ursula Schliessner.
- "The Risks of Arbitrating with Foreign Governments," The National Law Journal, May 31, 2010, Co-Author William T. O'Brien and Ivan W. Bilaniuk.
- "International Arbitration and Multi-National Litigation of Commercial Disputes," 2007; Co-Author Will O' Brien
- "Brave New World, International Arbitrators are Taking a Radical Approach to Witness Testimony," Legal Times, ( 6/3/2002 ) at 41.
- "Amicably Resolved, ADR Before Arbitration Can Help in International Insurance Disputes," Legal Times, (3/25/2002) at 27.
- "Alternative Dispute Resolution in International Government Contracting: A Proposal," The George Washington University, The Journal of International Law and Economics, Vol. 20 at 3.
- "International Arbitration: When Third Parties Enter into the Fray," National Law Journal, (02/23/1998) at B-4.
- "Accounting Problems Under the Foreign Corrupt Practices Act," Middle East Executive Reports "European Community Procurement --Parts I and II," Briefing Papers No. 91-5
- Federal Publications, Inc. "Farewell to Laissez-Faire: A Look at the New Guidelines for Direct Commercial Contracts," The Procurement Lawyer, Vol. 30, no. 3.
- "Foreign Military Financing of Direct Commercial Contracts: Increased Regulation for the Future," Topical Issues in Procurement Series.
- "Foreign Military Sales: A Guide to the United States Bureaucracy," The George Washington University, The Journal of International Law and Economics, Vol. 13 at 545.
- "The Law and Politics of Foreign Military Sales," The George Washington University, The Journal of International Law and Economics, Vol. 16 at 539
Activities and Affiliations
- Green speaks regularly on international issues, especially those relating to international dispute resolution and export regulation, for various professional organizations.
- Panel Chair, "ICC International Arbitration in the Middle East and North Africa (MENA) - 2nd Annual MENA Conference," Dubai, UAE, March 2014.
- Adjunct Professor, International Commercial Arbitration with the Foreign Sovereign, Georgetown University Law School
- Member of Arbitral Panel of International Centre for Dispute Resolution (ICDR), the American Arbitration Association's International arm, to sit as arbitrator for disputes in the Aerospace, Aviation, and National Security fields (the "AANS Panel")
- 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