International Arbitration
A world class arbitration practice advising clients on commercial and investment arbitration all around the world
Investment Arbitration
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:
- Spanish energy company Enagás in an ICSID arbitration against Peru, and related arbitrations before the Lima Chamber of Commerce, relating to a US$500 million investment in a natural gas pipeline project (ICSID Case No. ARB/18/26).
- the Republic of Senegal in a US$100 million ICSID arbitration brought by a French cement producer under the Franco-Senegalese Bilateral Investment Treaty (ICSID Case No. ARB/14/19).
Commercial Arbitration
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:
- Successfully defending Elf Neftegaz (a former subsidiary of Total) in a US$22 billion UNCITRAL arbitration brought by a private Russian company and by two Regions of the Russian Federation for the alleged damages for non-performance of an oil and gas exploration and production agreement.
- Successfully representing BP in a US$1.5 billion UNCITRAL arbitration against the Government of India relating to a production sharing contract.
- Representing the Federal Republic of Germany in two ad-hoc arbitrations, with a total value of US$10 billion, relating to a truck toll system, giving rise to one of the largest arbitration matters in Germany’s history.
Read our latest blog posts
Luxembourg court confirms its competence to rule on investigative, provisional or conservatory measures under certain conditions
25 July 2022 //
In a recent decision of the Luxembourg Court of Appeal, the Court considered it had jurisdiction to decide on a request for interim relief, regardless of the arbitration clause which confers (exclusive) jurisdiction on the arbitral tribunal.
HK Court of Appeal finds failure to fulfil pre-arbitration ADR procedures is a question of admissibility
20 July 2022 //
In C v D [2022] HKCA 729 the Hong Kong Court of Appeal held that a failure to fulfil pre-arbitration ADR procedures is a matter of admissibility before the tribunal, rather than jurisdiction.
Investment protection in challenging times
4 July 2022 //
The ongoing war in Ukraine has led to considerable losses for investors in both Ukraine and Russia. Those losses may well increase depending on the future course of the war and any steps Russia may take specifically targeting the assets of international investors in Russia. In addition to looking at available contractual protection and insurance (if in place) to mitigate such losses, investors should also be exploring their options under applicable investment treaties.
Abuse of process before English tribunals
21 June 2022 //
In Union of India v Reliance Industries Limited and another [2022] EWHC 1407, the English High Court considered the degree to which, regardless of the substantive law to be applied by it, an English seated arbitral tribunal could still apply English principles of abuse of process to preclude a party from raising arguments which it should have raised earlier.
US Supreme Court rules on extent of discovery available to foreign arbitration proceedings
17 June 2022 //
On 13 June, the United States Supreme Court handed down a seminal decision concerning the extent to which federal law, in the form of U.S.C. §1782, permits participants in foreign arbitration proceedings to subpoena evidence from U.S. parties. We take a look at the decision and its implications.
SCC Express; the next frontier in early neutral evaluation?
15 June 2022 //
On the first anniversary of its launch, we take a closer look at one of the most recent dispute resolution services offered by the Arbitration Institute of the Stockholm Chamber of Commerce to see what it adds to the global alternative dispute resolution scene.
Emergency Arbitration: An Outlook on Cambodia, Thailand and Myanmar
8 June 2022 //
In this article, Nishant Choudhary (Partner) and Rohan Bishayee (Legal Adviser) from DFDL examine the emergency arbitration landscape in three countries, Cambodia, Thailand, and Myanmar, and provide an overview of the legal framework, practical challenges, and the road ahead.
Finally, interim measures in Italian arbitration
6 June 2022 //
One of the major arbitration law novelties included in the to be implemented structural reform of the Italian justice system is, undoubtedly, the power for arbitral tribunals seated in Italy to issue interim measures in support of their proceedings. This long awaited change will put to an end one of the main differences, in the arbitration sphere, between Italy and other European countries.
How often are arbitration awards set aside? Analysis of Polish case law shows that they rarely are
24 May 2022 //
Recent surveys of Polish case law on the setting aside of arbitral awards shows that Poland is an arbitration friendly country. The statistical data made available by the Polish Ministry of Justice shows that between 2016 and 2020, only c. 7.24 % proceedings ended in the arbitral award being set aside.
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