Ari D. MacKinnon’s practice focuses on disputes matters in Latin America with a particular emphasis on international arbitration and corruption issues.
Ari has successfully represented a number of major Latin American oil and gas, energy, infrastructure, and pulp and paper companies as well as other clients in disputes in the region. He speaks regularly in Latin America on topics related to arbitration and crisis management. Ari has experience conducting arbitration and corruption-related reviews in both English and Spanish.
Ari joined the firm in 2009 and became a partner in 2015.
A major Latin American oil and gas company in the successful prosecution of a Spanish-language IACAC arbitration relating to a concession agreement governed by Peruvian law.
Latin American affiliates of international oil and gas companies in an ongoing ICC arbitration in New York relating to the interpretation of a gas sales agreement.
Latin American glass manufacturer in an ICC arbitration and related civil litigation concerning the interpretation of an exclusive sales agreement.
Latin American oil and gas company in an ICC arbitration related to breaches of representations and warranties in an asset sale agreement.
Western Digital’s SanDisk subsidiary in the successful pursuit and settlement of three separate ICC arbitrations against Toshiba arising out of Toshiba’s efforts to sell its stake in the parties’ multibillion-dollar NAND flash memory joint ventures without SanDisk’s consent, and related injunction proceedings in California state court.
A Singapore-based maker of semiconductor products in an arbitration in connection with patent license disputes and indemnity claims.
Enforcement and Investigations
An international financial institution in parallel investigations being conducted by, among others, the UK Financial Conduct Authority, the U.S. Department of Justice, and the U.S. Commodity Futures Trading Commission, relating to the FX market; also counsel to the same institution in regulatory investigations in the U.S. related to the setting of the ISDAFIX.
FCPA and corporate governance advice to a Mexican construction company in connection with an investigation by the CNBV and potential investigation by the SEC.
Advice concerning the design and enhancement of anti-corruption policies and internal controls for a Latin American pulp and paper company and a petroleum company.
Advice concerning the enhancement of compliance policies and procedures for international financial institution in connection with regulatory investigations of alleged attempted manipulation.
Alpha Natural Resources, Massey Energy Company, and Performance Coal Company in reaching a comprehensive settlement with the U.S. Department of Justice resolving potential corporate, criminal, and civil liability related to the Upper Big Branch Mine tragedy, in which 29 miners died.
BNP Paribas in clawback actions brought by the Trustee of the Madoff Estate in connection with the Bernie Madoff Ponzi scheme.
Alpha Natural Resources and certain of its directors and officers in a successful motion to dismiss a federal securities law class action brought under Section 11 of the Securities Act.
American Express Co. in successfully securing dismissal of shareholder derivative litigation brought in New York State court.
Member, Program Committee, New York International Arbitration Center
“Circuit Split Intensifies Over Use of 28 U.S.C. § 1782 to Obtain Discovery for Use in Private International Arbitration,” Cleary Gottlieb Alert Memo, July 13, 2020
“Supreme Court Holds That New York Convention Does Not Preclude Non-Signatories From Invoking State Law Principles To Compel Arbitration,” Cleary Gottlieb Alert Memo, June 3, 2020
“Most EU Member States Agree to Terminate Their Intra-EU Bilateral Investment Treaties,” Cleary Gottlieb Alert Memo, May 7, 2020
“U.S. District Court Denies Section 1782 Discovery for Use in DIS Arbitration, Highlighting Deepening Circuit Split on Statute’s Applicability to Private Commercial Arbitrations,” Cleary Gottlieb Alert Memo, April 3, 2020
“Second Circuit Overturns Arbitration Award Against Non-Signatory Parent Company,” Cleary Gottlieb Alert Memo, April 3, 2020
“COVID-19 and the Tolling Of Statutes of Limitations: Impact on Arbitrations Seated in New York,” Cleary Gottlieb Alert Memo, March 25, 2020
“3 NY Contract Law Concepts In The Context Of Coronavirus,” Law360, March 4, 2020
“Potential End of Suspension of Title III of the Helms-Burton Act: Authorization of Claims Under U.S. Law for “Trafficking” in Certain Cuban Properties,” Cleary Gottlieb Alert Memo, February 26, 2019
“Supreme Court Confirms Arbitrators Decide Threshold Issues,” Cleary Gottlieb Alert Memo, January 9, 2019
40 Under 40 International Arbitration (2018), July 12, 2018
“A Reassuring 2nd Circ. Approach To Annulled Awards,” Law360, July 28, 2017
“Drafting International Arbitration Clauses,” THĒMIS-Revista de Derecho, March 26, 2017
September 03, 2020
July 01, 2020
February 25, 2020
October 21, 2019
September 06, 2019
June 19, 2019
April 25, 2019
February 23, 2019
November 26, 2018
October 07, 2018
September 27, 2018
May 08, 2018
April 25, 2018
April 20, 2018
April 19, 2018
March 13, 2018
February 25, 2018
December 05, 2017
October 03, 2017
April 27, 2017
April 03, 2017
February 15, 2017
December 06, 2016
June 16, 2016
April 20, 2016