We regularly represent both investors and States in significant arbitrations under bilateral and multilateral investment treaties. We also help our investor clients navigate complex legal, cultural and political landscapes to secure the best ongoing protection for their foreign investments.
Recent experience includes representing:
Our experienced arbitration practitioners have expertise in representing a wide range of clients across a variety of sectors (including energy, mining, construction, technology, telecommunications, financial services, pharmaceuticals and many more) in complex, high value arbitrations.
Recent experience includes:
21st September 2020 //
The LCIA has recently released a “2020 update” of its arbitration rules. The resultant new set of rules will make a number of modifications to the 2014 LCIA Rules. These largely build on, and refine, those rules with the aim, in particular, of more explicitly addressing issues of contemporary arbitration best practice. We consider the key provisions, and a few practical consequences when using LCIA arbitration clauses.
10th September 2020 //
On 29 August 2020, the multilateral treaty concluded by a majority of European Union Member States to terminate intra-EU BITs entered into force for the first time. What is the impact of the treaty and which level of investment protection within the EU can investors expect in the future?
26th August 2020 //
In June, a €128 million ICSID award against Spain made in the Eiser case was annulled by an ICSID annulment committee because one of the arbitrators failed to disclose details of a long-standing professional relationship with the claimants’ quantum expert. We consider the decision and its implications.
19th August 2020 //
The International Chamber of Commerce has recently released its full Dispute Resolution Statistical Report for 2019, which provides statistics on cases administered by the ICC International Court of Arbitration. We summarise the most notable highlights.
30th July 2020 //
In Unión Fenosa Gas, S.A. v Arab Republic of Egypt [2020] EWHC 1723, the English High Court recently held that service of a claim form is not required when seeking an order for registration of an ICSID award. In doing so it clarified the procedure for enforcement and registration of an ICSID award in England.
24th July 2020 //
In a rare successful challenge under s.68 of the Arbitration Act 1996, the English High Court found that the tribunal’s decision to reverse the burden of proof, without inviting submissions from the parties, constituted a serious irregularity (Punch Partnerships (PTL) Ltd and another v Jonalt Ltd [2020] EWHC 1376 (Ch)).
15th July 2020 //
In Obrascon Huarte Lain SA (t/a OHL Internacional) v Qatar Foundation for Education, Science and Community Development [2020] EWHC 1643 (Comm), the High Court considered the scope of the provisions in the ICC Rules that provide a tribunal with the ability to correct an award.
6th July 2020 //
In May 2020, NASA announced the Artemis Accords, a set of principles on the basis of which the US would enter into agreements with other countries to govern the civil exploration and use of outer space and lunar resources. As with any agreements, disputes will arise and arbitration may provide an answer.
23rd June 2020 //
The English High Court recently set aside a tribunal’s award on jurisdiction because the tribunal wrongly determined that a party to the arbitration agreement had authority to enter into it as agent for another (MVV Environment Devonport Ltd v NTO Shipping GMBH & CO.KG [2020] EWHC 1371 (Comm)).
Challenges to an award in an English seated arbitration on the basis that the tribunal lacked substantive jurisdiction (which may proceed under Section 67 of the Arbitration Act 1996) are relatively rare and notable.
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