In international trade and commerce, arbitration has become near universally accepted as a means of resolving disputes.
Some commentators have suggested that a figure as high as 90% of all international contracts are governed by an arbitration clause. Arbitration has developed a discrete body of rules, procedures and substantive law and calls for a different approach from mediation or commercial litigation. Being successful in arbitration requires intimate knowledge of, and extensive experience with, arbitral rules and the arbitral process – from the filing of the request for arbitration to the registration and enforcement of the award. The differing expectations and demands of parties and arbitrators from across the globe need to be managed, and we are experienced in managing the process and providing representation that meets those differing expectations and demands for the benefit of our clients.
We help clients in arbitration disputes arising from international trade and especially those involved in logistic, commodities, construction and engineering, mining, energy, joint ventures, M&A disputes, banking and finance, telecoms, and the sale and purchase of goods and services. We work with clients from all over the world and wherever the arbitrations are located. We also help clients who need the intervention of national courts in support of arbitration, whether that is the appointment of a tribunal, injunctions in aid of arbitration or the enforcement of an award.
We bring a highly experienced team together to meet whatever needs a client may have.
If you require assistance or need advice, please don't hesitate to reach out to the following key contacts:
Acting as a sole arbitrator in an LCIA arbitration concerning the transportation of commodities from Ukraine to Saudi Arabia
Acting as arbitrator in an SIAC arbitration concerning the transport of petroleum products between the UAE and Singapore
Acting on the enforcement of a US$56 million arbitral award against a state-owned Cuban bank, involving secured assets over Cuban air taxes and multi-jurisdictional court proceedings
Acting for a shareholder in an LCIA arbitration concerning her wrongful removal from a recruitment company, including full representation through to the main hearing
Acting for a foreign investor in an ICSID arbitration against Hungary concerning regulatory measures affecting financial services, raising complex issues under EU law and international investment treaties
Acting for an investor in an Energy Charter Treaty claim against Hungary over the expropriation of a power station investment, raising key jurisdictional issues in EU intra-state arbitration
Acting for a contractor in a London-seated ICC arbitration over a cross-border rail infrastructure project in East Africa, involving claims and counterclaims relating to termination, delays, and performance bonds
Acting for a former wealth manager in a high-value arbitration against a major UK firm concerning adviser-related client complaints, with a counterclaim of £10–24m for lost earnings and business value
Acting for a minority shareholder in a Singapore-seated LCIA arbitration concerning alleged breaches of a shareholders’ agreement by the majority shareholder of a global restaurant brand, with potential wider franchisee claims
What is the difference between litigation and arbitration?
Litigation is the method of resolving a dispute where a judge decides a case in Court. Arbitration is similar to litigation, except an arbitrator (typically appointed by the parties) takes the place of a judge and it is not a formal court process. The outcome of arbitration is confidential and binding.
Is arbitration cheaper than litigation?
The cost of arbitration depends on a number of factors, such as how many arbitrators are required (as the parties are liable for the arbitrators’ fees), how many parties there are and how complicated the legal and factual questions are. Arbitration can be cheaper than litigation, but this is not always the case.
How long does Arbitration take?
This depends on the circumstances, however the parties generally have more control over the timetable than they would if the matter proceeded to litigation. According to the London Court of International Arbitration, between 2013 and 2016 the median duration of an LCIA arbitration was 16 months.
Some arbitration rules allow for expedited arbitrations and we can advise further on the possibility of doing so.