Photo of Frederick A. Acomb, FCIArb

Frederick A. Acomb, FCIArb

Principal
International Disputes Group Leader

Office

T:
+1.313.496.7607
O:
+1.313.963.6420
F:
+1.313.496.7500
LinkedIn
Share

Education

University of California College of the Law, San Francisco, J.D., 1990

Northwestern University, B.M., 1984

Bar Admissions

Frederick Acomb defends and prosecutes transnational litigation and international arbitration matters for clients located throughout the world. His work regularly takes him around the globe. He has appeared before arbitration tribunals in Asia, Europe, and North America.

Fred has also represented international and domestic clients in more than 80 automotive supply chain disputes. As former general counsel to the firm, he has a unique perspective on client service that he endeavors to bring to every engagement.

Representative Matters

INTERNATIONAL ARBITRATION

Fred began his career as an international arbitration specialist two decades ago. Examples of his work in the field include the following:

  • Prosecuted and defended competing claims for ownership rights in the largest reserve of brown coal in the world, located in New South Wales, Australia, and oil, gas, coal bed methane, and coal mine methane reserves located in the U.S. The amounts at issue exceeded $300 million. The matter was seated in the U.S. and administered by the International Centre for Dispute Resolution.
  • Defended a Chinese buyer in an $80 million post-M&A dispute with a Mexican company. The matter was seated in the U.S. and administered by the ICC International Court of Arbitration.
  • Defended a U.S. seller in a post-M&A dispute with a Chinese buyer. The amounts at issue exceeded $45 million. The matter was seated in New York and administered by the International Centre for Dispute Resolution.
  • Prosecuted a $40 million supply chain management dispute on behalf of a Mexican automotive supplier and against a U.S. original equipment manufacturer. The matter was seated in the U.S. and administered by the International Centre for Dispute Resolution.
  • Prosected a $30 million post-M&A dispute on behalf of a Mexican company and against U.S. sellers. The matter was seated in the U.S. and administered by the International Centre for Dispute Resolution.
  • Defended a Chinese manufacturer in a $20 million international automotive supply chain dispute. Obtained summary disposition on the vast majority of the claims. The matter was seated in Singapore and administered by the Singapore International Arbitration Centre.
  • Defended a bet-the-division intellectual property claim brought by a Swiss corporation headquartered in the Isle of Jersey, U.K., against a U.S.-based engine manufacturer. The matter was seated in London and administered by the ICC International Court of Arbitration.
  • Defended a Chinese buyer in a post-M&A dispute with a Dutch seller over business interests in Europe and North America. The matter was seated in Hong Kong and administered by the Hong Kong International Arbitration Centre.
  • Defended a German automotive interior manufacturer in a multi-million dollar automotive supply chain dispute. The matter was seated in London and administered by the ICC International Court of Arbitration.
  • Defended a Mexican car parts manufacturer in a multi-million dollar automotive supply chain dispute. The matter was seated in New York and administered by the ICC International Court of Arbitration.
  • Defended a Mexican buyer in a wide-ranging post-M&A dispute with a U.S. seller over business interests located in Europe, Latin America, South America, and the U.S. The matter was seated in New York and administered by the ICC International Court of Arbitration.
  • Represented a U.S. distributor in a supply chain management dispute with a Korean manufacturer.  The matter was seated and Seoul and administered by the Korean Commercial Arbitration Board.
  • Defended Swiss and Polish parties in an intellectual property and territorial dispute seated in the U.S. and administered by the ICC International Court of Arbitration.
  • Defended a Hong Kong manufacturer in an automotive supply chain dispute seated in the U.S. and administered by the International Centre for Dispute Resolution.
  • Defended Chinese investors in a dispute with a U.S. company over a construction projected in Los Angeles. The matter was seated in Los Angeles and administered by the International Centre for Dispute Resolution.
  • Represented a U.S. seller in a post-M&A dispute with a Chinese buyer. The matter was seated in New York and administered by the International Centre for Dispute Resolution.

OTHER INTERNATIONAL DISPUTES WORK

Examples of Fred’s transnational litigation work include the following:

  • Defended more than 80 international automotive supply chain disputes on behalf of car parts manufacturers headquartered throughout the world.
  • Defended multiple international product recall and warranty disputes on behalf of and adverse to manufacturers and suppliers located throughout the world.
  • Defended international franchise disputes on behalf of companies located in Europe and North America.
  • Obtained and resisted discovery outside the U.S. on behalf of companies located in multiple continents.  In one case, Fred traveled to Kuwait and cross-examined a member of the ruling Al Sabah family who was the former President of OPEC, President of OAPEC, Finance Minister of Kuwait, Oil Minister of Kuwait, and CEO of the Kuwait National Petroleum Co.
  • Defended a large Chinese state-owned enterprise pursuant to the Foreign Sovereign Immunities Act.
  • Obtained forum non conveniens dismissal of federal court action against large Chinese state-owned enterprise.
  • Asserted and opposed petitions to obtain deposition testimony and documents in the U.S. for use in proceedings pending in other countries.
  • Brought actions to confirm and enforce international arbitration awards issued by tribunals seated around the world.
  • Developed international dispute resolution policies, protocols, and agreements on behalf of clients located throughout the world.

ADDITIONAL REPRESENTATIVE MATTERS

  • Obtained defense summary judgment in case that put at risk the state's stock of housing for persons of low and moderate income and where the ultimate issue was ownership of more than $350 million in reserve funds.
  • Obtained state supreme court opinion that expanded the jurisdiction of the state's court of claims and overruled two of the supreme court’s prior decisions.
  • Obtained U.S. District Court ruling overturning as unconstitutional a state statute governing the payment of sales commissions to terminated sales representatives.  Although the ruling later was reversed by the U.S. Circuit Court of Appeals for the Sixth Circuit, the argument put in doubt the constitutionality of an assortment of other statutes.

ARBITRATOR

  • Fred has served as an arbitrator in an assortment of automotive supply chain disputes.

SOCIAL MEDIA

Blog: globaldisputes.com

Twitter: @globaldisputes

Honors

Chambers USA: America's Leading Business Lawyers for General Commercial Litigation, 2024

Martindale-Hubbell AV® Peer Review Rated

Super Lawyers, International

Best Lawyers in America, multiple years for Commercial Litigation and Intellectual Property Litigation

DBusiness Magazine, Top Lawyers, multiple years for Business Litigation, Antitrust Law, and Construction Litigation

Professional Activities

Advisory Board, Institute for Transnational Arbitration, 2024-present

Advisory Board, International Bar Association, Litigation Committee, 2024-present

Steering Group, American Bar Association International Litigation Committee, September 1, 2024-August 31, 2025

Steering Group, American Bar Association International Arbitration Committee, September 1, 2024-August 31, 2025

Fellow, Michigan State Bar Foundation, 2022-present

Fellow, Oakland County Bar Foundation, 2010-present

Officer and Co-Chair, International Bar Association, Litigation Committee, 2022-2023

Officer and Senior Vice Chair, International Bar Association, Litigation Committee, 2020-2021

Officer and Vice Chair, International Bar Association, Litigation Committee, 2018-2019

Officer and Secretary, International Bar Association, Litigation Committee, 2016-2017

Officer and Website Co-Editor, International Bar Association, Litigation Committee, 2014-2015

Fellow, Chartered Institute of Arbitrators, 2012-present

External Advisory Committee, Program for International Legal Studies, Wayne State University Law School, 2013-present

International Bar Association, International Arbitration Section

American Bar Association, International Law and Practice Section

State Bar of Michigan, International Section

Detroit Metropolitan Bar Association

Civic, Cultural & Social Activities

Northwestern University Club of Metropolitan Detroit Director, 2012-2014, 2022-present

University of California Hastings College of the Law 30 Year Reunion Committee (Class of 1990), October 2020

Detroit Central City Community Mental Health
Advisory Board, 2005-2007, 2009-2017, Director, 2003-2005, 2007-2009 Co-chair, Capital Campaign Committee, 2003-2005

Great Lakes Chamber Music Festival
Co-chair, Preview Party & Benefit Auction, 2002

20-30 Club
Trustee, 1995-1997

Kaleidoscope Concerts
Director, 1993-1997

Fanclub Foundation for the Arts, Trustee, 1995-1996

Speeches

"Comparing International and Domestic Arbitration: Tips for advocates, clients and arbitrators," (Panelist), State Bar of Michigan Alternative Dispute Resolution Section (February 20, 2024)

The Midsized Company as Global Player,” (Panelist), sponsored by Schindhelm Pfisterer und Kollegen, Pforzheim, Germany (November 7, 2023)

"Meeting the Dispute Resolution Needs of US Businesses," (Panelist), ICC Court of International Arbitration and State Bar of Michigan International Law Section (June 1, 2023)

"Remote Dispute Resolution – a Success?" (Panelist), International Bar Association Annual Conference, Miami, Florida (October 31, 2022)

"New Developments in International Arbitration," (Panelist), Program for International Legal Studies, Wayne State Law School (September 14, 2022)

"A commercial litigator's guide to force majeure in the age of Covid-19," (Co-moderator), International Bar Association webinar (June 11, 2020)

"Meditation and the Practice of Law," (Speaker), International Bar Association Annual Conference, Seoul, Korea (September 24, 2019)

"Enforcing Your Contracts in the Global Economy: International Arbitration and the Cross-Border Deal," (Moderator), Co-sponsored with the ICC International Court of Arbitration (November 1, 2018)

"Post-closing claims: when the deal goes wrong," (Moderator), International Bar Association Annual Conference, Rome, Italy (October 9, 2018)

"What Role Has Good Advocacy in Mediations and Arbitrations?" (Speaker), International Bar Association Annual Conference, Sydney, Australia (October 10, 2017)

"Artificial Intelligence — How much of you will it replace? How much will it enhance?" (co-moderator) International Bar Association Annual Litigation Forum, Zurich, Switzerland (May 5, 2017)

"Navigating Dispute Resolution in North America and the Asia Pacific Region – Do We Use the Same Ship?" (Speaker), International Bar Association Annual Conference, Washington, D.C. (September 20, 2016)

"Tiered Dispute Resolution Clauses: Best Practice and Enforcement of Obligations to Negotiate in Good Faith," (Moderator), International Bar Association Annual Conference, Tokyo, Japan (October 22, 2014)

"Current Issues in International Arbitration," (Co-Moderator), Program for International Legal Studies, Wayne State University Law School (October 2, 2014)

"Strategies for Controlling Costs of Discovery Across Borders," International Bar Association Litigation Forum, Montreal, Canada (May 15, 2014)

"International Expansion of the Legal Profession," (Speaker), Comments to Chinese law students hosted by Wayne State University Law School Program for International Legal Studies (July 18, 2013)

"Employment in International Law," (Panelist), Wayne State University Law School (Spring 2013)

"Protecting Your Client In the Global Economy: International Arbitration and the Cross-Border Deal," (Moderator), Co-sponsored with the ICC International Court of Arbitration (April 18, 2013)

"International Arbitration - Five Things Every Business Leader Should Know," (Speaker), Cappuccino With Counsel (November 7, 2012)

"Pathways to Employment in International Law," (Panelist), Michigan State University College of Law, sponsored by International Section of the American Bar Association (October 20, 2011)

"Law Firm Risk Management," (Speaker), International Bar Association, Annual Litigation Forum, Krakow, Poland (May 19, 2011)

"U.S. Discovery in Aid of International Commercial Arbitration," (Panelist), Nuts & Bolts of International Commercial Arbitration, sponsored by University of Detroit Mercy School of Law, State Bar of Michigan International Law Section and Alternative Dispute Resolution Section (April 14, 2011)

"Doing Business with Germans," (Speaker), CLF/Detroit Regional Chamber of Commerce seminar (2001)

"Doing Business in the United States – The Mid-sized Company as Global Player," (Speaker), Baden-Württemberg, Germany (1999-2000)

"Drafting Sales Representative, Agency and Distributor Agreements," (Speaker), ICLE seminar (1998)

Publications

Articles

"Supreme Court Holds that Where Two Contracts Conflict on the Issue of Arbitrability, Courts – Not Arbitrators – Decide Which Contract Controls,” (Co-Author), JDSupra (May 31, 2024)

"Supreme Court Holds that District Courts May Not Dismiss Lawsuits Pending Arbitration, But Instead Must Stay Them,” (Co-author), JD Supra (May 20, 2024)

"US Supreme Court Confirms that Foreign Companies Can Use a Powerful Tool to Enforce International Arbitration Awards," (Co-author), JD Supra (July 5, 2023)

"Supreme Court Rules that Federal Cases Are Automatically Stayed Pending Appeal of the Trial Court's Denial of a Motion to Compel Arbitration," (Co-author), (June 26, 2023)

"Reversing its Precedent, Eleventh Circuit Holds that Courts May Vacate International Arbitration Awards on Same Grounds as Domestic Awards," (Co-author), JD Supra (June 13, 2023)

"United States Supreme Court Restricts Availability of U.S. Discovery in Support of International Arbitration," (Co-author), JD Supra, (June 15, 2022)

"Ninth Circuit Underscores the Need for Careful Drafting of International Arbitration Clauses," (Co-author), JD Supra (July 29, 2021)

"Third Circuit Holds That an Arbitration Award Was a Judicial Record and Must Be Unsealed," (Co-author), JDSupra (January 13, 2021)

"New Amendments to ICC Arbitration Rules Will Save Time and Money," (Co-author), JDSupra (December 17, 2020)

"Using the U.S. Courts to Obtain Discovery Here and Abroad for Foreign and International Proceedings," (Co-author), 99 Mich. B.J. No. 9, 32 (September 2020)

"The Escalating Split Over the Right to Obtain Discovery in the U.S. For Use in Private International Arbitrations Seated Outside the Country," Lexology (July 16, 2020)

"A Non-Party to An Arbitration Can Be Compelled to Give Testimony and Produce Documents," (Co-author), Lexology (July 15, 2020)

"U.S. Supreme Court Rules That Nonsignatory to International Arbitration Agreement May Compel Arbitration," (Co-author), Lexology (July 13, 2020)

"A U.S. Guide on Force Majeure and Other Defenses to Nonperformance Due to COVID-19," International Bar Association webinar materials (June 11, 2020)

"Meditation and Responding With Skill to the Daily Stress of Practicing Law," International Litigation News, pp. 17-18 (May 2020)

"Expedited Remote Arbitration in the Age of COVID-19," (Co-author), JDSupra (March 30, 2020)

"Can a U.S. Court Order Foreign Discovery for a Foreign Use?" (Co-author), Litigation, ABA Journal of the Section of Litigation, Vol. 46 No. 2, pp. 13-14 (Winter 2020)

"What Are You Doing to Promote Diversity?" International Litigation News, p. 13 (September 2019)

"Can a United States Court Order Discovery Outside the U.S. for Use in a Foreign Proceeding?," (Co-author), International Litigation News, p. 80 (May 2019)

"Double-Hatting in International Arbitration," Litigation, ABA Journal of the Section of Litigation, Vol. 43 No. 4, pp. 15-16 (Summer 2017)

"¿Podría el Presidente Trump sacar a los Estados Unidos del TLCAN? Preguntas frecuentes básicas," (Co-author), (Nov 15, 2016)

"Could President Trump Really Pull the U.S. Out of NAFTA? Basic FAQs," (Co-author), (Nov 14, 2016)

"The Insider Adversary in International Arbitration," (Co-author), The American Review of International Arbitration (ARIA), Volume 27, No. 1 (2016)

"Hague Convention on Choice of Court Agreements: Impact and Opportunity," (Co-author), Michigan International Lawyer, Volume 28 No. 1 (Spring 2016)

"Hague Convention on Choice Agreements Entered Into Force," (Co-author), J.D. Supra Business Advisor (October 13, 2015); also published by Lexology (October 13, 2015)

"Enforcement of International Commercial Transactions," (Co-author), Detroiter Magazine (January 2013)

"The 'Big 3' of Chinese International Arbitration," (Co-author), Miller Canfield International Newsletter (December 2012)

"The 'Big 3' of Chinese International Arbitration," (Co-author), Michigan Lawyers Weekly (October 8, 2012)

"There are 'Answers' to be found via foreign anti-suit injunctions," (Co-author), Michigan Lawyers Weekly (October 17, 2011)

"Discovery in the United States in Aid of International Arbitration," (Co-author), Michigan Bar Association, The Litigation Newsletter (Winter 2011)

"New Michigan Sales Commission Statute," (Co-author), ICLE Materials (1998)

"Michigan Sales Representative Statute Imposes Stiff Penalties on Manufacturers," (Co-author Larry J. Saylor), Enterprise Magazine (November 1994)

"New Michigan Sales Representative Statute," (Co-author), 73 Mich. B.J. 208 (February 1994)

"Multi-State 23(B)(3) Class Actions Premised Exclusively on Diversity of Citizenship: A Case against Circumventing Federal Subject Matter Jurisdiction Requirements," (Co-author), 41 F.I.C.C. Quarterly 2 (1991)

Books and Compendia

"Sales Representative Termination" and "Promissory Estoppel" subchapters of Michigan Causes of Action Formbook, at "Chapter 18: Contract and Related Actions," published by the ICLE (2nd Ed. 2020)

"Dealer/Sales Representative Termination" chapter, Michigan Causes of Action Formbook published by the ICLE (2010-2019)

"50-Nation Compendium on Tiered Dispute Resolution Clauses" (Co-Editor-in-Chief), International Bar Association Litigation Committee (October 1, 2015)

United States chapter, "50-Nation Compendium on Tiered Dispute Resolution Clauses," (Co-author), International Bar Association Litigation Committee (October 1, 2015)

Michigan Chapter, "Getting the Deal Through-Dispute Resolution," (Author), Global Arbitration Review, Law Business Research Ltd., official research partner of the International Bar Association (2015, 2014, 2013, 2012, 2011, 2010, 2009)

Press

"IBA Panel Discusses Pros, Cons of Virtual Dispute Resolution," (Quoted), Law360 (October 31, 2022)

"Access to justice: Pandemic forces courts to incorporate remote technology," (Interview) NewsDay (January 28, 2021)

"Get to Know Frederick Acomb," Washtenaw County Legal News (February 6, 2017)

"Korean Car Part Co. Says US Distributor Misconstrued Award," Law360 (August 19, 2016)

"Miller Canfield Attorney Named to International Bar Association Committee," DBusiness Daily News (January 19, 2016)

"Detroit Attorney Co-Edits, Co-Authors Handbook on Dispute Resolution Clauses," Ingham County Legal News (December 3, 2015)

"Lawyer Edits, Co-Writes Handbook on Dispute Resolution Clauses," Detroit Legal News (November 23, 2015) 

"International Body," Detroit Legal News (October 9, 2014)

"Panelists to Discuss International Commercial Arbitration," Oakland County Legal News (September 24, 2014)

"Detroit Lawyer Speaks at IBA Litigation Forum in Montreal," Detroit Legal News (June 6, 2014)

"Section Member Profile: Frederick A. Acomb," Michigan International Lawyer, Volume 26 No. 2 (Summer 2014)

"Frederick Acomb Joins PILS Advisory Committee," Program for International Legal Studies Newsletter, Volume 1, Issue 1 (March 2014)

"Global Reach: Miller Canfield Attorney Specializes in International Litigation," Oakland County Legal News (January 8, 2014); Detroit Legal News (January 10, 2014); Ingham County Legal News (January 13, 2014)

"Miller Canfield Recruits Brower II," Global Arbitration Review (January 3, 2014)

"Students from China Visit Wayne Law Campus," Detroit Legal News (July 26, 2013); Macomb County Legal News (August 5, 2013)

"Wayne Law Moot Court Team Makes ‘Best Showing Ever’" in International Tournament," Oakland County Legal News (April 18, 2013)

"US Arbitrator to Double Up as Professor and Of Counsel," Global Arbitration Review (October 3, 2012)

"Decommissioned: Procuring Cause Doctrine Doesn’t Apply to Sales Agent After Customer Fired Him," Michigan Lawyers Weekly (April 9, 2012)

"Legal People," Oakland County Legal News (August 29, 2011)

"Acomb Presents at International Forum on Risk Management," Detroit Legal News (August 5, 2011)

"Miller Canfield Lawyer Frederick Acomb Appointed Chair of Firm's International Dispute Resolution Section," (July 20, 2011)

"Ripple Effect: Crisis in Japan Creates Work for Local Law Firm," Flint-Genesee County Legal News (April 6, 2011)

"Ripple Effect: Crisis in Japan Creates Work for Local Law Firms," Detroit Legal News (March 31, 2011)

"Miller Canfield Lawyers Pen Chapter in Dispute Resolution Handbook," Detroit Legal News (September 2, 2010)

"Legal People," Detroit Legal News (March 6, 2000)

"Members in the News," Detroit Lawyer (December 1999)

"Cook Rules on Diversity Jurisdiction," Detroit Legal News (January 3, 1994)

"Michigan Sales Representative Statute Is Unconstitutional, Says Federal Judge," 8 Mich. L.W. 81 (November 29, 1993)

"State Statute Struck Down In Sales Rep's Case," Detroit Legal News (November 9, 1993)

"Federal Judge Strikes Down Amendment On Sales Reps," Crain's Detroit Business (November 8, 1993)

"Payment Demand in Collection Letter Valid Under Statutes," Michigan Lawyers Weekly (August 23, 1993)

Articles

Necessary Cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. You may disable these by changing your browser settings, but this may affect how the website functions.

Analytical Cookies

Analytical cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.