International Arbitration
International arbitration has become part of everyday life for many businesses and for a number of reasons (often driven by confidentiality and enforceability) Contract drafters tend to choose arbitration as the most appropriate dispute resolution clause in certain sectors.
Our Dispute Resolution Group is made up of lawyers who focus on arbitration, litigation and other forms of alternative dispute resolution. We have extensive experience in resolving, prosecuting and defending disputes in many different jurisdictions.
When disputes do arise and need resolution by arbitration, there are usually a large number of issues to consider. How these issues are handled early on can make a real difference to the outcome of the dispute, as well as its duration and cost.
We can guide you through the complexity of difficult issues we cover all aspects of the arbitration process, including the validity of the arbitration agreement, jurisdiction issues, whether there are any alternatives to arbitration (such as mediation) and, crucially for international disputes, whether you’ll be able to enforce the arbitration award you’re seeking.
Our areas of specialism and expertise
Our specialist dispute lawyers carry out arbitration work internationally and in the UK domestic market. They cover a number of sectors including: Automotive, Construction and Projects, Energy, Engineering, IT & Telecoms, International Trade, Mining, Oil and Gas, Pharmaceuticals, Media, Retail, Technology and Telecommunications and Utilities.
We regularly deal with disputes under all of the principal arbitration rules, including the London Court of International Arbitration (LCIA), the United Nations Commission on International Trade Law (UNCITRAL), the International Chamber of Commerce (ICC), the American Arbitration Association (AAA) as well as ‘ad hoc’ arbitrations. If issues outside of English law arise, we work closely with our trusted global network of leading independent law firms.
Some of the most common issues and procedures we advise on include:
- the validity and effect of the arbitration clause;
- jurisdiction issues arising out of the arbitration clause;
- selection and appointment of arbitrators;
- preparation of proceedings and written arbitral submissions;
- whether and when to try Alternative Dispute Resolution (ADR) during or before arbitration;
- whether an award can be challenged;
- whether an arbitrator has acted within his/her jurisdiction;
- the applicability of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958);
- ancillary proceedings in the High Court in London such as bringing or defending applications for anti-suit injunctive relief in support of international arbitration proceedings, enforcing foreign awards and pre-arbitration attachment of assets.
Three of our Partners are members of the Chartered Institute of Arbitrators (CIArb). Gwendoline Davies and Malcolm Simpson are Fellows (FCIArb) and Nick McQueen is a Member (MCIArb).
You can read more about our international work here.