Andrew Poplinger

Drew acts for clients resolving commercial disputes, including in state and federal courts and domestic and international arbitration. His measured approach focuses on presenting reasonable, credible arguments that emphasize the commercial equities of the case. His cases often involve cross-border disputes, and focus on insurance/reinsurance, energy and infrastructure projects, construction, banking and finance, cross-border insolvency, and corporate governance and partnership matters. In addition, he frequently handles judgment and award enforcement actions and matters arising under the Foreign Sovereign Immunities Act (FSIA). Drew is ranked for his expertise in insurance as a “Next Generation Partner” in Legal 500.

Before joining Chaffetz Lindsey, Drew clerked for the Honorable Richard K. Eaton of the United States Court of International Trade.

• Representing international insurance company in London-seated arbitration and related state court litigation concerning coverage for mass-tort liabilities related to allegedly defective military earplugs.
• Advising international insurance company in coverage disputes concerning PFAS liabilities.
• Representing reinsurer in Bermuda-seated arbitration concerning a captive program for medical malpractice liabilities.
• Advising investment fund in dispute with Bermudian insurance company concerning sidecar reinsurance transaction.
• Representing international Energy Company in ICDR arbitration concerning disputes over the construction of a wind farm in Mexico.
• Obtained favorable settlement for international energy company in action to recover indemnification for replacement of wind turbine lost during construction.
• Obtained settlements for steel companies securing hundreds of millions of dollars in tariff refunds after successfully challenging the Department of Commerce’s denial of exclusions from Section 232 steel tariffs.
• Won award in Bermuda-seated arbitration denying reinsurance claims for Covid-related losses.
• Won summary judgment and affirmance on appeal for international ceding company holding that English law facultative reinsurance contracts covered losses paid on an “all sums” basis.
• Obtained summary judgment and affirmance on appeal for former shareholders of international private security services firm, securing recovery of $70 million “earnout” bonuses under stock purchase agreement and dismissal of counterclaims for fraud.
• Obtained favorable settlement for international insurance company in coverage dispute regarding the National Hockey League concussion litigation.
• Secured award for over $100 million in favor Brazilian construction company in ICC arbitration concerning disputes over the design and construction of offshore oil production vessels.
• Obtained dismissal of federal lawsuit against international technology company seeking substantial damages for allegedly underpaid software royalties.
• Won nine-figure award for a Brazilian construction company in ICC arbitration concerning delays and cost overruns in the construction of an offshore oil production unit.
• Obtained dismissal of federal lawsuit against foreign state seeking to recover possession of Pablo Picasso painting Madame Soler.
• Successfully defended against rescission of approximately $25 million in mortgage reinsurance coverage in the wake of the financial crisis.
• Won full relief for reinsurer in arbitration concerning sports-disability coverage for Major League Baseball players.
• Obtained dismissal of federal lawsuit against foreign sovereign seeking possession of several valuable paintings by Max Beckmann, Juan Gris and Paul Klee.
• Won summary adjudication in favor of ceding company in arbitration concerning reinsurance recoveries under excess of loss treaties for environmental losses.
• Obtained substantial award and favorable settlement for international insurance company in related arbitrations concerning reinsurance recoveries for long term environmental losses.
• Obtained favorable settlement for international insurance company in arbitration over coverage for metal-on-metal hip implant liabilities.
• Secured favorable settlement for Bermudan liquidators in disputes concerning debtor’s shares in U.S.-based ethanol companies.
• Obtained a favorable award for the general partner of a power generation facility in AAA arbitration with limited partners concerning partner distributions and tax liabilities.
• Won dismissal of claims against the Singapore Housing Authority under the Foreign Sovereign Immunities Act.
• Obtained dismissal in favor of Turkish holding company in action seeking enforcement of a $1 billion foreign arbitral award.
• Won favorable arbitration award for investment fund terminating its management agreement with an international luxury hotel operator.

• Chaffetz Lindsey Arbitration in the Courts Report, Contributing Editor.
• Chaffetz Lindsey Insurance and Reinsurance Law Report, Contributing Editor.
• ARIAS US Quarterly, Associate Editor.
• “2nd Circ. Reinsurance Ruling Correctly Applied English Law,” Law360 (June 2023).
• “You Say Follow-the-Fortunes, I say Follow-the-Settlements, Let’s Call the Whole Thing Off,” ARIAS Quarterly (March 2023).
• “Arbitrators’ Authority to Reconsider and Modify Awards Under U.S. Law: Functus Officio and Beyond” (Thomson Reuters Practical Law, October 2020), with Yasmine Lahlou and Silvia Marroquin.
• “An Early Experience With Arbitration By Video” (NYSBA 2020), with Peter Chaffetz and Yasmine Lahlou.
• “Enforcement of Foreign Arbitral Awards and Judgments in New York,” Contributing Author (Kluwer, 2018).
• “Appeals Court in New York Heightens Standard for Establishing ‘Evident Partiality’ of a Non-Neutral Party-Appointed Arbitrator,” ICC Dispute Resolution Bulletin 2018 Issue 3.
• “Points of Departure:  Procedural Differences Between International Arbitration and U.S. Reinsurance Arbitration,” ARIAS-US Quarterly (First Quarter 2015).
• “The Diversity Hurdles Unincorporated Associations Face,” New York Law Journal (September 2010).

• “Does London market reinsurance cover U.S. “all sums” losses?,” Fall ARIAS Conference, (November 2023).
• “Virtual Arbitration and Mediation of Complex Case: Lessons Learned,” Silicon Valley Arbitration and Mediation Center, (October 2020).
• “Arbitration after the COVID-19 Pandemic: a New Dawn or Business as Usual?” International Association of Lawyers (UIA), (May 2020).
• “Enforcement and Recognition of Foreign Judgments and Insolvencies: Global Perspectives,” Asset Recovery Americas Conference, Panelist.
• “Recent Case Developments in Insurance and Reinsurance,” ARIAS U.S. Spring Conference, (May 2018).