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Arbitration

We represent a wide spectrum of clients worldwide ranging from Governments and state-owned entities to multinationals and plcs.  Our specialist team of arbitration lawyers are experienced in dealing with complex, high value commercial arbitrations.  Advice is provided across a broad range of sectors including energy, commodities, finance, engineering, construction, manufacturing and retail. 

Our experience covers the most important tribunals in the world such as the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA) and the London Maritime Arbitrators Association (LMAA) together with ad hoc arbitrations, for example, under the United Nations Commission on International Trade Law (UNCITRAL) Rules and the International Centre for Settlement of Investment Disputes with cases involving a State party.

We also have experience in obtaining freezing orders and emergency relief in support of arbitrations in many jurisdictions around the world.  We are directly involved in the drafting of complex dispute resolution provisions. 

Our experienced practitioners have an understanding of the cultural differences and subtleties of approach for working for clients from a range of different jurisdictions around the world and an understanding of the counter parties to such arbitrations.

Advantages of arbitration include:-

Time

Speed of process may be a very significant advantage for arbitration over litigation through the Courts.  The appeal process from an Arbitrary Award is limited and this can hasten finality thus encouraging parties to spend less time litigating; this allows a businessman to focus and give more time to running the business

Confidentiality

The ability to keep the dispute confidential is a cogent advantage in favour of arbitration.  There is no public hearing and no public record.  This can be particularly important in disputes involving commercially sensitive matters.

Continuing relationships

If there is a continuing business relationship between the parties in dispute, arbitration may be more conducive to long term success since its process is less formal and less adversarial in nature than litigation in the Courts.

Confidentiality requirements limit the details but recent experience include acting:-

  • for a US company in an LCIA Arbitration against a listed South African company in a commodities dispute
  • in state party ICSID litigation over rights in natural resources
  • in a dispute over rights to a TV channel
  • in an ICC Arbitration for a Government owned entity in Pakistan in a power generation dispute (with the seat of arbitration in Singapore)
  • in Dubai based litigation on a building dispute.