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
Operation of separability considered by the English Court of Appeal
5 December 2022 //
In DHL v Gemini [2022] EWCA Civ 1555, the English Court of Appeal revisited, in a dispute over the formation of a charterparty, questions concerning the scope and application of the principle of separability under English law. The judgment illustrates important aspects, and practical consequences, of its operation.
Modernising the ECT: Stalemate whilst EU prepares to withdraw
30 November 2022 //
Against the background of recent announcements by a number of EU Member States of their intention to withdraw from the ECT, and in light of the material consequences that both the EU and its Member States’ withdrawal and the approval of the modernised ECT may have for investors in the energy sector, we take the opportunity, in this post, to recall what is at stake and to go through the main changes to the ECT that are still scheduled to be voted on in April 2023.
ICSID’s Annual Report 2022
28 November 2022 //
The International Centre for Settlement of Investment Disputes recently published its Annual Report providing insight into its activities during its fiscal year from 1 July 2021 to 30 June 2022. In this post, we take a look at some of the key highlights.
Form of interim measures under the UNCITRAL Rules considered by the English High Court
24 October 2022 //
In EGF v HVF and others [2022] EWHC 2470 (Comm), the English High Court handed down a judgment of potential importance to English seated arbitral tribunals applying the UNICTRAL Rules, in particular concerning the form in which they may order interim remedies.
Law Commission consultation on reform of the Arbitration Act 1996
28 September 2022 //
In our latest ArbitrationLinks post we take a brief look at the Law Commission’s new consultation on reform of the Arbitration Act 1996, the main statute which regulates arbitration in England.
What does the New York Convention require in terms of due process?
10 August 2022 //
In Gol Linhas Aereas S.A v MatlinPatterson Global Opportunities Partners (Cayman) II L.P. and others [2022] UKPC 21, the Judicial Committee of the Privy Council considered important questions concerning the content of article V(1)(b) of the 1958 New York Convention, which permits a party to resist enforcement of a foreign award on certain due process grounds.
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.
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