Roland Potts

Partner

Roland Potts is a partner and Chair of the International Arbitration Team. He is based in the Miami office where he is a member of the Business Litigation & Dispute Practice Group. Roland has an extensive background in litigation, arbitration, and appellate matters. He has advised foreign and domestic clients across multiple industries, including construction, technology, telecommunications, energy, entertainment, agriculture, real estate, and hospitality, to name a few. Roland has counseled dozens of international clients in business and partnership dispute claims.

He routinely advises multinational clients in international legal disputes and arbitral matters ranging from intellectual property disputes to breach of contract claims, anti-competitive claims, construction defects, product liability claims, expropriation, and more. A bi-lingual attorney, Roland is able to litigate and arbitrate claims in English and Spanish seamlessly, with extensive experience in international arbitration, including investor-state arbitrations. Roland has arbitrated claims before a myriad of arbitral forums, including the ICDR, JAMS, ICC, SMA, LCIA, CeCAP, and ICSID.

A large portion of Roland’s international arbitration expertise and experience is focused in Latin America.  Based out of Miami, he has handled arbitral proceedings arising out of disputes in Mexico, Panama, Honduras, Ecuador, Venezuela, and Canada, among others. He has also advised clients on corporate structuring as it relates to investor-state treaty protections.

Roland has an excellent reputation in the community, has been named a top lawyer by South Florida Legal Guide, recognized in international arbitration by The Legal 500 Latin America, and was a South Florida Business & Wealth Legal Awards honoree in international law. He was selected by his peers for inclusion in The Best Lawyers in America® in the field of Litigation.  He also co-authored the Latin America-Wide Trends and Development section in the 2019 Chambers Global Practice Guide for International Arbitration. Roland regularly attends and speaks at international arbitration conferences, particularly those with a Latin American focus.

Working across borders, Roland Pott’s disputes practice is primarily focused on the resolution of cross-border disputes through international litigation and arbitration, in multiple instances taking matters through to a favorable final judgment or award. As a fluent Spanish speaker capable of presenting argument before tribunals in English and Spanish, Roland primarily advises multinational entities in Latin America or parties engaged with Latin America. As a consequence of his expertise and ability to provide fully bilingual counsel, clients come to him with their most sensitive matters to effectively advise on strategy and analysis to achieve favorable results. Having represented clients before all major arbitral forums, Roland’s understanding of institution rules, market trends, and familiarity with arbitrators allows him to work with in-house and local counsel to guide clients through every stage of the arbitration process, from pre-arbitration litigation to post-award enforcement proceedings. In addition to commercial arbitration, Roland has represented clients in investment arbitrations, helping both interpret the nuances and precedents set by bilateral investment treaties and other free trade agreements. He has also worked on behalf of these same clients in U.S.-based litigation, assisting them in navigating the U.S. legal system and representing their interests before the courts. He has a thorough understanding of disputes in the energy, technology, and manufacturing sectors and has served as counsel of record on numerous construction litigation matters and arbitrations for major infrastructure projects. Roland routinely serves as a speaker on topics related to the practice of international arbitration and has been recognized as a leading lawyer in the field of international arbitration by The Legal 500.

Representative Experience

  • Represented international roofing corporation in Spanish language Panamanian arbitration against a developer and general contractor of an airport expansion project in a multi-million-dollar breach of contract claim.
  • Represented foreign sovereign entity in multiple arbitrations across multiple countries as well a maritime attachment proceeding in the Southern District of New York against a joint venture partner concerning the alleged breach of multiple contracts, successfully arguing the entity was entitled to immunity under the Foreign Sovereign Immunities Act.
  • Represented movie and television producer in multimillion-dollar litigation dispute concerning the financing of several projects with claims of fraud, breach of contract, and securities fraud.
  • Represented former partners in an offshore investment bank group against remaining partners in a multi-million-dollar state complex commercial court action with claims of breach of contract, fraud, negligence, and unjust enrichment.
  • Represented agricultural manufacturer against former global distributor in multimillion-dollar arbitration involving breach of contract and anti-competitive claims that went to final hearing.
  • Represented hydroelectric power plant owner in a matter against the developer and contractor of the power plant for breach of procurement engineering and construction contract.
  • Represented a global communications company against a national telecommunications company in a multibillion-dollar arbitration concerning a breach of a telecommunication services contract.
  • Represented national university and hospital against several hundred foreign plaintiffs alleging various human rights violations under state and federal laws.

Awards and Recognition

  • Selected by his peers for inclusion in The Best Lawyers in America® in the field of Litigation — Construction (2023-2024)
  • Recipient, South Florida Business & Wealth Legal Awards 2021: Honoree, International Law
  • Recipient, Legal 500 Latin America 2021: International Arbitration
  • Recipient, 2021 South Florida Legal Guide: Top Lawyer
  • Recipient, 2019 Latinvex Rising Legal Star
  • Recipient, 2016-2020 Florida Super Lawyers (Rising Star): Civil Litigation, Class Action/Mass Torts, Criminal Defense: White Collar, Alternative Dispute Resolution

Affiliations

  • Vice Chair, International Ethics Committee of the American Bar Association
  • Former editor for the Caribbean Region, International Law Quarterly
  • Member, Cuban American Bar Association
  • Member, The Florida Bar, International Law Section
  • Panelist, XIII International Arbitration Congress (Congreso Internacional de Arbitraje IPA), Lima, Peru.

Presentations and Publications

  • XV Congreso Internacional de Arbitraje, IPA, 2021, August 25, 2021, Ejecución de Medidas Cautelares y Laudos Arbitrales Extranjeros, Panel Moderator.
  • XIV Congreso Internacional de Arbitraje, IPA, 2020, November 4, 2020, Nulidad, Anulabilidad e Ineficacia de los Contratos. ¿Un tribunal arbitral puede declarar de oficio la nulidad o la ineficacia de un contrato cuando se ha demostrado que el contrato fue obtenido por corrupción?, Panelist.
  • International Trade Council Conference, Chicago, Illinois, October 23, 2019, ABCs of Economic Sanctions and Embargoes, Speaker.
  • I Congreso Internacional de Arbitraje Comercial y Arbitraje de Inversión, Guayaquil, Ecuador, August 21, 2019, El impacto de las Reglas de Praga en el arbitraje internacional. Coincidencia y diferencias con las Reglas de la IBA sobre práctica de prueba, Panelist.
  • TransPerfect Legal Solutions, May 8, 2019, Cross-Border eDiscovery: Using Emerging Technology to Address Conflicting U.S. and Foreign Data Obligations, Panelist.
  • XIII Congreso Internacional de Arbitraje, IPA, 2019, April 25, 2019, Innovación en el arbitraje. ¿Hacia dónde va el arbitraje internacional con la inclusión de nuevas tecnologías, inteligencia artificial y mejores mecanismos de transparencia?, Panelist.
  • Judicial Events, Legends of the Boardroom, October 19, 2018, A View from the “C” Suite, What General Counsels Want You to Know About Billing, Panel Moderator.
  • “Trends and Developments, Latin-America-Wide,” International Arbitration, Chambers – Global Practice Guide, Second Edition, 2019, pp. 323-327, ISBN: 978-0-85514-823-2.
  • “Caribbean banks address fears of severed ties with U.S. banks due to fines and higher costs in a new set of U.S. compliance regulations issued by the U.S. Department of the Treasury Financial Crimes Enforcement Network,” Financial Services Advisor, a publication of Inter-American Dialogues, May 5-18, 2016 edition.
  • “Miami: Una Nueva Estrella en el Arbitraje Comercial Internacional,” International Law Quarterly, Vol. XXXII, No. 1 (Fall 2015)
  • “Controlling the Rising Costs in Arbitration; Where Technology Can Help (And Where It Can’t),” Journal of Technology in International Arbitration, ISSN 2378-2072, Vol. 1 No. 1, 2015.
  • “How to Cut Costs in Complex International Arbitrations,” Daily Business Review (September 18, 2014)
  • “Three Beneficial Terms in Today’s Arbitration Clause,” Kluwer Arbitration Blog (March 26, 2014)

Languages

  • English
  • Spanish
  • Portuguese (Conversational)
01 February 2024 Press Releases

Foley Announces 23 New Partners

Foley & Lardner LLP has elected 23 lawyers to the firm’s partnership, effective February 1, 2024.
17 August 2023 Honors and Awards

Foley Attorneys Recognized in 2024 Best Lawyers in America

Foley & Lardner LLP proudly announced today that 236 of the firm’s attorneys across 20 U.S. offices have received recognition in the 2024 edition of The Best Lawyers in America©.
14 July 2023 Foley Viewpoints

Early Dispositive Applications May Reduce Arbitration Time and Costs

Several arbitral forums have begun adopting rules explicitly allowing for early dispositive applications that allow parties to petition the tribunal for the resolution of claims and issues during the early stages of a proceeding, prior to a final hearing or a significant evidentiary stage.
14 July 2023 The Path & The Practice

Podcast Episode 102: Steve Vazquez, Partner

This episode features a conversation with Steve Vazquez. Steve is a transactional partner out of Foley’s Tampa office with a practice focused on M&A and securities related matters.
29 June 2023 Foley Viewpoints

U.S. Supreme Court Rules in Favor of Arbitration Potentially Altering Legal Strategies for Wide Range of Cases

On June 23, 2023, in Coinbase, Inc. v. Bielski, Justice Kavanaugh authored the opinion of the United States Supreme Court in a 5-4 decision holding that a district court must stay its proceedings in a case pending an appellate court decision on whether that case belongs in arbitration or district court.
21 June 2023 Manufacturing Industry Advisor

What Every Multinational Company Should Know About...the International Arbitration Clause in Its Contract

International arbitration provides a binding, neutral, and consensual process for resolving contractual disputes between parties, often resulting in resolutions that are quicker, cheaper, more private, and more controllable than litigation in a court of law.