International Arbitration
A world class arbitration practice advising clients on commercial and investment arbitration all around the world
Our specialised arbitration counsel have considerable experience of 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 representing :
- Elf Neftegaz (a former subsidiary of Total) in the successful defense of 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;
- BP in winning a US$1.5 billion UNCITRAL arbitration against the Government of India relating to a production sharing contract;
- 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;
- Lebanese Broadcasting Corporation International, the leading television channel in Lebanon, in winning several ICC arbitrations and obtaining the dismissal of setting aside applications brought before the French courts in a dispute arising out of the termination of a broadcasting, production and services agreement;
- an oil and gas joint venture of multinational parties in Indonesia in a c.US$300 million ICC arbitration in Singapore over the gas price applicable to a gas offtake agreement, arising from a price increase imposed by the Minister of Energy and Mineral Resources, including administrative court proceedings and engagement with the relevant regulators and Ministries to achieve settlement.
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, often providing risk mitigation advice before and during the life cycle of critical investments.
Recent experience includes representing:
- Spanish energy company Enagás in an ICSID arbitration (ICSID Case No. ARB/18/26) against Peru, and related arbitrations before the Lima Chamber of Commerce, relating to a US$500 million investment in a natural gas pipeline project ;
- HSBC in an ICSID arbitration (ICSID Case No. ARB/21/46) against El Salvador concerning a denial of justice claim for delayed and unfair local court proceedings brought in relation to default of payment of a loan to a local company;
- Abris Capital Partners and PL Holdings in a successful investment arbitration under the SCC Rules against the Republic of Poland concerning administrative decisions by the Polish Financial Supervisory Commission affecting our client’s investment in a local Polish bank;
- the Republic of Senegal in a US$100 million ICSID arbitration (ICSID Case No. ARB/14/19) brought by a French cement producer;
- the Dominican Republic in an ICSID arbitration (ICSID Case No. ARB(AF)/22/1) under the DR-CAFTA in a dispute concerning a cement production enterprise;
- the Islamic Republic of Pakistan on the annulment of a US$6 billion ICSID award rendered in favour of Tethyan Copper Company Limited, an Australian joint venture vehicle of Antofagasta PLC. The dispute arose out of a mining concession.
Our arbitration team regularly represents individuals, corporations, state and sovereign entities in local court proceedings all over the world before, during and after arbitrations. This includes helping clients obtaining court orders in support of arbitration, recognition, enforcement, and setting aside proceedings for both commercial and investment treaty awards, and tracing and seising assets to enforce against. This work often requires seamless co-ordination across multiple jurisdictions in parallel.
Recent experience includes representing:
- Bank of New York Mellon (BNYM), in parallel court proceedings in Belgium, the Netherlands, Luxembourg, Sweden and England, after BNYM froze the US$22 billion worth of assets of the National Fund of Kazakhstan, as a result of a third party garnishment order obtained by investors attempting to enforce an arbitral award against Kazakhstan;
- Chevron Corporation in multiple setting aside proceedings initiated by the Republic of Ecuador against arbitral awards rendered in investment arbitrations (including in the Lago Agrio arbitration, one of the most widely-known investment arbitrations worldwide) up to – regarding two separate proceedings – the level of the Dutch Supreme Court;
- Merck Sharp & Dohme in setting aside proceedings in the Netherlands filed by the Republic of Ecuador with respect to arbitral awards issued against Ecuador in an investment arbitration on the basis of the US-Ecuador BIT;
- A West African state in several setting aside proceedings before French courts concerning awards rendered in ICC and UNCITRAL arbitrations;
- Mauritius-based investors both in setting aside proceedings – up to the level of the Dutch Supreme Court – initiated by the Republic of India in relation to investment arbitration awards rendered on the basis of the Mauritius-India BIT, and in cross-border enforcement proceedings of a commercial arbitral award of over US$500 million related to a telecoms dispute;
- A major British oil and gas company in high-profile setting aside proceedings initiated by India in relation to a billion-dollar arbitral award rendered in investment arbitration proceedings seated in the Netherlands regarding a dispute over the imposition of retroactive taxes by the state. The Linklaters Arbitration Team also assisted in the successful settlement negotiations which led to a tax refund of over US$1 billion in favor of the investor.
Key insights
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Luxembourg’s new arbitration law aims to enhance arbitration by providing flexibility and speediness
23 mars 2023 //
On 23 March 2023, the Luxembourg government approved a new law to modernise arbitration in Luxembourg. The aim is to improve flexibility, speediness and confidentiality, and boost arbitration’s place as an alternative to the national courts. In this post, we look at some of its key features.
Claims filed in Russian Courts in breach of arbitration agreements
6 mars 2023 //
A number of Russian parties have recently filed (or threatened to file) claims in the Russian Courts, notwithstanding arbitration agreements in the underlying contracts providing that claims must be exclusively submitted to arbitration. These claims have been made possible by previously enacted Russian legislation. The Russian Courts are already issuing judgments taking jurisdiction and issuing anti-suit injunctions targeting foreign arbitration proceedings.
New Italian arbitration rules included in civil justice reforms
22 februari 2023 //
By Legislative Decree No 149/2022, the Italian Government has implemented a structural reform of the Italian civil justice system. The new provisions include significant changes to Italian arbitration law relating, among others, to the independence and impartiality of arbitrators, new powers for arbitrators to grant provisional relief, and the enforcement of foreign awards. These amendments are now set to apply to arbitration proceedings in Italy instituted after 28 February 2023.
ICSID’s Caseload Statistics for the Calendar Year 2022
21 februari 2023 //
The International Centre for Settlement of Investment Disputes (ICSID) recently released its caseload statistics for the calendar year 2022. In this post, we take a look at some of the key trends.
Withdrawal from the ECT: European Commission calls for a coordinated exit
14 februari 2023 //
In a recent statement, the European Commission called for a coordinated withdrawal by the European Union (“EU”) and its Member States from the Energy Charter Treaty (“ECT”). This statement seems to represent a shift in the support for the modernisation of the ECT, previously backed by the European Commission.
Jurisdictional challenges need not be resolved before English Courts can order compliance with a peremptory order
9 februari 2023 //
In S3D Interactive, Inc v Oovee [2022] EWCA Civ 1665, the English Court of Appeal rejected arguments that, where there is a pending challenge to the tribunal’s jurisdiction, the Court must first determine that point before it can make an order for compliance with a peremptory order under s.42 of the Arbitration Act 1996.
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.
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