Overview

Tom Allen focuses his practice on international commercial and investor-state arbitration. He serves as the firm’s Global Lead for International Disputes.

Tom is a primary member of the firm’s Construction & Infrastructure team with an emphasis on energy generation and industrial projects. He also represents clients in disputes centered on manufacturing, M&A, aviation, and technology licensing. Tom additionally litigates arbitration-related issues in U.S. trial and appellate courts. He also counsels corporations on U.S. government investigations and enforcement proceedings.

Prior to joining Kilpatrick Townsend, Tom was an international arbitration and dispute resolution partner in the Washington, D.C. offices of two Global 100 law firms.

Tom is a frequent lecturer on international arbitration topics and is a former adjunct professor in the international arbitration discipline. He currently serves as Vice Chair of the Dispute Resolution and Arbitration Committee of the Inter-Pacific Bar Association. Tom acts as arbitrator and is a member of the roster of arbitrators for the Japan Commercial Arbitration Association.

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Experience

Representative Matters:
*Represented the largest electric utility in Japan and the 4th largest electric utility in the world in the defense of $700 million in claims in Tokyo-seated ICC arbitration against a Canadian mining conglomerate. Client defeated 94% of the alleged damages.

*Represented a Japanese multinational engineering, electrical equipment and electronics company and its subsidiaries in a $7 billion ICC Arbitration involving claims for the alleged failure of certain critical components at a Southern California power plant. Clients were found to be the “prevailing party,” and were awarded fees and costs in excess of $58 million.

*Defended against $400 million in claims of breach of contract and intellectual property infringement in an ICC arbitration seated in Zurich, Switzerland. The client, a heavy equipment designer and manufacturer, recovered in excess of $12 million in counter-claims.

*Represented a Japan-based aircraft component manufacturer in National Transportation Safety Board proceedings and ICC arbitration seated in Paris related to two highly publicized safety events on a newly designed long-haul aircraft fleet.

*Defended iconic U.S. guitar manufacturer in a high-profile Department of Justice and U.S. Fish and Wildlife Service criminal investigation alleging Lacey Act violations regarding exotic hardwood importation.

Energy Representations:
*Represented Japanese electric utility in ICC proceedings seated in Tokyo related to fuel supply agreements. *Advised private companies and sovereigns regarding dispute resolution structure for pipeline and exploration projects.

*Acted for a component manufacturer in claims related to the Deep Water Horizon accident.

*Conducted a foreign government-commissioned study of applicable U.S. and California law related to liability and procedure for nuclear accident claims.

*Represented U.S. nuclear utility in multi-jurisdictional matters related to the storage and disposal of spent nuclear fuel. Representation included breach-of-contract claims as between plant owner-operators and former minority owners in ad hoc arbitration proceedings chaired by a former U.S. Attorney General and Chief Judge of the Southern District of New York.

*Represented solar energy developer in Japan Commercial Arbitration Association proceedings in dispute surrounding a solar power plant.

*Represented U.S. based nuclear technology and consulting company in arbitration with investment banking firm.

Aviation Representations:
*Represented aircraft manufacturer in U.S. Department of Labor whistleblower litigation under the AIR21 Act.

*Represented Japanese airline parts manufacturer for all U.S.-based contract and tort claims related to the alleged falsification of safety paperwork required for regulatory approval of their products.

*Represented airport owner and operator in dispute with the Federal Emergency Management Agency over the provision of disaster relief funds.

*Experience gained by attorney prior to joining Kilpatrick Townsend

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Insights
Services
Industries
Education

The Catholic University of America B.A. (1997)

The Catholic University of America, Columbus School of Law J.D. (2002) magna cum laude

Admissions

District of Columbia (2003)

Court Admissions

U.S. Court of Appeals for the District of Columbia Circuit

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of Virginia

Professional & Community Activities

American University’s Washington College of Law, International Commercial Arbitration Summer Program, Adjunct Professor (2017)

Washington Lawyers Committee for Civil Rights and Urban Affairs, Board Member (2017-Present)

Inter-Pacific Bar Association, Dispute Resolution and Arbitration Committee, Vice Chair

Legal Aid Society of Washington, D.C., Fundraising Campaign Co-Chair (2002-2014)

International Bar Association, Member

International Dispute News, Editor-at-Large

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