Fred G. Bennet

fred-bennettPractice Areas

Class Action Litigation
Construction Litigation
Domestic Arbitration
Intellectual Property Litigation
International Arbitration
Satellite and Aerospace Litigation

Biography

Fred Bennett has broad experience in many types of business litigation, with particular emphasis on international and commercial arbitration, complex technical disputes, satellite and aerospace disputes, intellectual property claims involving technical matters, complex construction disputes and legal malpractice defense. He has either tried or arbitrated as lead counsel over 25 major disputes to verdict or award.

Mr. Bennett has over 30 years experience as an advocate and arbitrator in international and domestic arbitration. He is the Global Vice Chair and U.S. Chair of the firm’s arbitration practice, and was the head of the worldwide ADR practice group at his former firm, Gibson Dunn & Crutcher.
As an advocate, Mr. Bennett has arbitrated internationally and domestically, complex technical and business disputes in almost every area of business endeavor. Mr. Bennett’s experience in complex contractual disputes includes disputes arising from architectural engineering and construction; contracts relating to the oil and gas industry; contracts involving commercial and residential real estate projects; manufacturing contracts; patent and IP licensing contracts: complex insurance coverage disputes; and distributorship contracts and partnership agreements.

As an arbitrator, Mr. Bennett is a member of the AAA’s national Board of Directors, the Executive Committee of the Board, and the Board’s Nominating and Governance Committee. He has presided over numerous arbitration proceedings for the International Chamber of Commerce and the American Arbitration Association. He sits on the AAA’s Large Complex Case Panels for commercial and construction disputes, and the ICDR panel for international disputes. He orchestrated and for many years he was Chairman of the AAA’s continuing education program for LCCP arbitrators in Southern California. He also serves as a member of the U.S. National Committee responsible for administrating ICC arbitration work within the United States, and is currently Chairman of its southwest subcommittee. He is a U.S. representative on the ICC Commission.

Mr. Bennett is a frequent guest lecturer on major domestic and international arbitration conferences and is the author of numerous publications on arbitratlon. He Is principal co-editor of Redfern and Hunter on International Arbitration (5th Ed.), one of the world’s leading arbitration treatises. In 2010, he received the International Law Office Client Choice Award as the outstanding U.S. practitioner in the field of arbitration. The award is based on nominations and input from in-house corporate counsel. Mr. Bennett was chosen for inclusion in the Guide to World’s Leading Experts in Commercial Arbitration, Legal Media Group, London, UK, for 2008-2011 and again in 2013, and for inclusion in Who’s Who Legal in California 2009, for arbitration. Mr. Bennett has been recognized as one of the “Outstanding Trial lawyers of American by Chambers USA. He has also been named one of the country’s outstanding arbitrators by several publications. Mr. Bennett was chosen for inclusion in the Best Lawyers in America for 2009-2010, and from 2003 to the present has been selected as a “Super Lawyer of Southern California” (regular and corporate counsel editions). Mr. Bennett is also a member of the BNA Advisory Board for Commercial Arbitration. In 2013, he received an award for the outstanding arbitration practitioner in California from Lexology, an international in-house counsel organization.

Mr. Bennett is also the creator and head of the firm’s satellite I aerospace I defense contractor practice. He has experience in litigating disputes in design, manufacturing, testing, purchase, sale, launch operations and performance issues and on ground and in·orbit defects, and in representing defense contractors in False Claims Act and qui tam actions. He is also experienced in regulations relevant to such disputes, including the International Traffic and Arms Regulations (“ITAR”).

Mr. Bennett also heads the firm’s construction litigation practice. He has over 30 years of experience in representing owners, engineers and contractors in arbitration and litigation involving a variety of projects in the U.S. and around the world, and has seNed as an arbitrator in international and domestic construction/engineering and architectural disputes. Illustrative project disputes which Mr. Bennett has litigated or arbitrated include disputes over large commercial, residential and mixed use projects; airports; alternative energy plants; infrastructure projects in the U.S. and abroad (Ecuador); copper mining facility; oil refinery projects; the Alaskan pipeline; a state of the art newspaper printing facility; wastewater treatment facilities in Kuwait; multiple site housing projects in the Middle East; the San Diego Ballpark; and significant architectural structures, including the Disney Concert Hall and the Garden Grove Community Church. He has been selected by Chambers, the well known British
publication, as one of the outstanding construction lawyers in the United States.

Representative Clients

Northrop Grumman Corporation
Loral Space and Communications
Parsons Corporation
Jacobs Engineering
XM Satellite Radio
Los Angeles Times
Hyundai Corporation
Toyota Motor Corporation
Lockheed Martin
Occidental Petroleum

Notable Representations

Represented Northrop Grumman (formerly TRW) in a dispute concerning alleged defective design and manufacture of a series of communications satellites. Obtained summary judgment In favor of Northrop (then TRW) based upon the “economic loss doctrine.” Later obtained a unanimous decision upholding the summary judgment motion in the Ninth Circuit, in the face of contrary decision decided by the California Supreme Court.

Represented Loral Space and Communications in a dispute involving a joint venture for the development of communications satellites. After years of discovery and the filing of a significant motion challenging plaintiffs standing to maintain basic liability claims, case settled on favorable terms for the client.

Represented U.S. corporation in international arbitration proceedings seeking to recover millions of dollars in unpaid commissions from the Russian airline Aeroflot related the leasing of commercial airplanes in the Middle East. Obtained an award of over $20 million against Aeroflot and successfully confirmed the award in Sweden and the United States. Also defeated an appeal by Aeroflot to the Second Circuit on the grounds the award violated “public policy,” resulting in the issuance of an important decision in that area by the Court.

Represented a real estate company responsible for the development of major commercial structures in downtown Los Angeles in a dispute of the alleged right to share in the profits of such ventures. After bifurcated jury and judge trials, settled case on grounds on basis favorable for the client.

Represented Jacobs Engineering in a related domestic and international arbitrations involving claims for the defective design and manufacture of a semiconductor facility located in the south of France. Obtained an award exonerating Jacobs from liability and awarding costs and attorneys’ fees.

Represented the Parsons Corporation in an ICC international arbitration proceeding in Limaf Peru-the first ICC arbitration held in Peru-relating to construction management of a multi-use project in Lima. Successfully limited plaintiffs claims to damages by application of a damage formula prescribed in the contract.

Represented Northrop Grumman in a claim for misappropriation of trade secrets relating to design of a rocket engine used in various applications by Northrop as part of its space program. Negotiated a successful settlement of the dispute.

Represented Parsons Corporation in international arbitration proceeding, conducted under the Bermuda Arbitration Act, in connection with a dispute related to a Sar Chesmen copper mining project in Iran. Obtained a favorable arbitration award.

Represented Toyota Motor Corporation in connection with the appropriation of trade secrets related to Toyota’s quality control program. Settled dispute on terms favorable to Toyota.

Represented Los Angeles Times in an arbitration over long-term advertising contracts and revenues. Obtained award in favor of Los Angeles Times.

Represented Northrop Grumman in False Claims Act investigation re global satellite program.

Education

University of California, Los Angeles
(J.D., 1973)
UCLA Law Review:
Managing Editor, 1972-1973

University of Utah
(B.A., magna cum laude, Phi Beta Kappa, 1970)
Honors Program

Prior Associations

Gibson, Dunn and Crutcher:
Associate, Partner, and Senior Partner (1973-1998) Head of Technical Litigation and ADR Practice Groups

Professional Activities

Member, American Arbitration Association,
Board of Directors, 2002-Present
Executive Committee, 2007-Present
Nominating and Governance Committee, 2008-Present

Member, ICC Commission (U.S. representative), 2012
Member, ICC National Committee on Arbitration for U.S. (U.S. Council for International Business), 1984-2007, 2012
Chairman, Western Subcommittee, 1989-2006, 2012-Present
Arbitrator, International Chamber of Commerce; Arbitrator, American Arbitration Association, Large Complex Case Panels (Commercial & Construction Panels)
Member, Advisory Board, Institute for Transnational Arbitration
Member, Los Angeles County Bar Association
Member, American Bar Association
Member, Inter-Pacific Bar Association
Member, International Bar Association

Publications and Lectures

Redfern & Hunter on International Arbitration (5th Ed., 2010), Co-editor

“Practical Advice from Arbitrators for Conducting International Arbitrations,”
ICDR Bogota Conference, 2013.

“Drafting Arbitration Clauses for Complex IP Disputes,”
ICC Asia-Pacific Conference, 2012

”What’s a Creative Party (or Lawyer) To Do? The Perils and Rewards of Customizing Appeal Rights For an Arbitration Award,” ARIAS Conference, October 2008

“Successful Mediation Techniques For The Advocate In International Arbitration Proceedings,”
ICDR International Arbitration Conference, Miami, Florida, 2007

“Practical Challenges of Obtaining Interim Relief (Ex Parte and On Notice) In Arbitrations,”
ICDR Debates in International Arbitration in the Asian Pacific Region, San Francisco, California, 2007

Hunter & Redfern Law and Practice of International Commercial Arbitration, {4th edition, 2004), Contributing Editor

“Ethical Disclosure Rules for Arbitrators,”
LCCP Continuing Education Program, American Arbitration Association {November 2002)

“Guidelines for Writing a Reasoned Award,” LCCP Continuing Education Program, 2002

“Obtaining the Injunctive Relief You Need When You Need It in Arbitration,”
Business Litigation Report (Newsletter of Quinn Emanuel Urquhart Oliver & Hedges, LLP), February 1999

“Characteristics of ICC Arbitrations,”
ICC National Seminar, San Francisco, California {April 17, 1998)

“Handling Tough Evidentiary Objections,”
LCCP Continuing Education Program, American Arbitration Association (April 1998)

“Drafting Arbitration Clauses,”
Business Litigation Report (Newsletter of Quinn Emanuel Urquhart Oliver & Hedges, LLP), February 1998

“Role of the Panel Chair in Conducting a Preliminary Hearing,”
AAA National Neutrals Conference, Orlando, Florida, 1998

“Appealing an Arbitral Award,”
LCCP Continuing Education Program, American Arbitration Association (October 1997)

“Dispositive Motions in Arbitration,”
LCCP Continuing Education Program, American Arbitration Association (October 1996)

“Arbitration Discovery,”
LCCP Continuing Education Program, American Arbitration Association (May 1996)

Admissions

Member, The State Bar of California