International arbitration

Full-service offering - strategic assistance, representation and advice

Assistance to clients spans the entire lifecycle of a dispute. We design alternative dispute resolution frameworks for clients’ contracts, including international arbitration.  We act in pre-arbitral negotiations and in the conduct of arbitral proceedings, perform advocacy at hearings and represent clients in the enforcement of, and challenges against, awards. We also appear before national courts to prosecute or defend applications for interim measures in support of arbitration, such as injunctions, attachments and orders preserving evidence.

Unlike many competitors, our approach is to conduct our own advocacy in arbitrations, and we often represent clients before the courts. Clients benefit from our in-depth knowledge of the case, our lawyers’ experience of appearing before tribunals and the efficiencies and cost savings of not having to appoint external counsel.

At the heart of the arbitration community

As a leading practice, we conduct arbitrations under all the key institutional Rules including the ICC, LCIA, HKIAC, SIAC, SCC and AAA, as well as the ICSID and UNCITRAL, Rules. Team members forge strong relationships with leading arbitral institutions and often act as arbitrators in disputes under their Rules. Several hold senior roles in key boards and committees and have assisted in drafting rules for key institutions. As a result, clients can be confident that we are appraised of the most recent developments in arbitration law and procedure and can use this to their benefit. 

Representative matters

• BG and Reliance Industries in a long-running UNCITRAL arbitration (valued at more than USD5 billion) against the Government of India, regarding two oil and gas production sharing contracts. Our clients have received two favorable judgments from the Indian Supreme Court. Two partial awards have been issued in their favor, as well as two partial awards (on remission) for nearly USD700 million as a result of successful challenges in the English courts. We have also defeated several challenges made by India.
• A major international commodities company in four LCIA arbitrations, seated in London, arising out of the sale of different commodities companies around the world (deal value USD2.25 billion). This involved claims for breach of warranty and under indemnities (c. USD150 million in dispute). We achieved a favorable settlement for the major part of our client’s aggregate claims.
• A group of individuals and companies on a dispute in relation to the separation of a partnership which involved various operations in Africa. The dispute has involved three ad hoc arbitrations in Israel, Israeli court proceedings, an LCIA arbitration and three ad hoc arbitrations (Larnaca seat). Claims were consolidated in LCIA proceedings, where our clients received a successful award, with counterclaims dismissed.

• A government-owned investment company in an ICC arbitration relating to the disputed termination of a long-term sponsorship agreement and the redevelopment of a major European sporting venue. We were successful in defending our client against all of the claims that were brought against it, which were valued at more than EUR400 million.
• Commerzbank, in a dispute with a Russian company concerning an English law-governed performance bond it had issued in the company’s favor, on behalf of a leading German contractor (Paris-seated ICC arbitration, successful anti-suit injunction proceedings in the English courts and proceedings in Russia). The contractor suspended work following Russia’s invasion of Ukraine. The company claimed on the bond, which our client refused to honor due to sanctions prohibitions.
• Nine Asian Independent Power Producers (IPPs), Claimants in an LCIA arbitration seated in London against a State-owned entity. The disputes arose out the non-payment of certain amounts under Power Purchase Agreements concluded between the IPPs and a State-owned entity. The law of the country of the State-owned entity applied. Over USD120 million was at stake. Our clients prevailed on all their claims.
• A major LNG producer in an ICC arbitration concerning the price of LNG supplied into Spain (New York law, London seat).  Our client received an award for over USD500m in its’ favor, as a counterclaim to the buyer’s claim for a decrease in price.