International commercial arbitration
International business transactions require a means of speedy and impartial resolution of disputes. National courts are not always suitable, for various reasons. Instead, international arbitration has evolved as the method of choice, often because of the industry sector involved, or because arbitration awards are more widely enforceable internationally than court judgments.
We regularly deal with arbitrations under different procedural rules and across a number of jurisdictions. Our international arbitration practice encompasses references under the rules of ICSID, UNCITRAL, ICC, LCIA and ARIAS, and under the industry specific rules of FIDIC, LMAA, GAFTA, FOSFA, LME and RSA.
- Representation of Elektrim Finance B.V., an entity responsible for financing the now insolvent Polish telecommunications company, in ongoing litigation and arbitration proceedings between Vivendi, Deutsche Telekom and Elektrim in a dispute over ownership of the Polish Telecommunications Operator PTC, in a claim worth in excess of € 3 billion.
- Acting for a major Russian precious metals mining company in disputes with its financiers about withdrawal of funding for projects in the CIS.
- Acting for a Russian media group in arbitration proceedings before the Chamber of Commerce of the Russian Federation arising out of a disputed joint venture agreement over a major Russian mobile telecommunications operator.
- Representation of a Cypriot construction and shipping family in a dispute over ownership of and income from a major international construction company operating in the Middle East.
- Acting for a Russian joint venture partner in a dispute arising out of defaults by its US counterpart in respect of commitments to exploit oil concessions in Western Africa.
- Acting for an international project management company in a dispute with a major Western European oil company over a project to construct a liquid natural gas refinery plant in Yemen.
- Acting for a Russian construction financier in a US$120 million dispute over a Russian-Austrian joint venture to construct a shopping mall in eastern Russia.
- Acting for a major British-Australian bank in a regulatory dispute and litigation about fraudulent misselling of life insurance policies and pensions products.
- Acting for the vendors of a Russian beverages company in a US$140m M&A dispute with private equity buyers.
- Acting for a Russian telecommunications company in its ongoing joint venture dispute with Russian and European partners, arising out of a multi-billion Dollar corporate restructuring deal.
- Advising a mining company on obtaining financing for a €250 million quarry development project in West Africa, and negotiating project and contractual documents; advising on international taxation issues.
- Representing a global mining conglomerate with Russian headquarters in a dispute with a rival international mining group over ownership of a multi-billion Dollar southern African precious metal concession.
- Claim related to fraudulent non-delivery and cancellation under a grain contract relating to a Middle Eastern sovereign purchaser and a “long company” (i.e. with a fraudulent trading record) based in a major western jurisdiction.
- Acting for a state-owned Gulf shipping corporation in a gasoil shipment demurrage claim arising out of force majeure events in the Far East; arbitration proceedings before the London Maritime Arbitrators’ Association.
- Time charter dispute before the English High Court arising out of unauthorised substitution of vessels, charter of a repair rig and consequential losses and other damages for delay.
- Acting for one of several defendants in a claim by a major international London-based bank against a state-owned South Asian shipping corporation, involving fraudulent amendments to a bill of lading and other transaction documents and wrongful payment out on a letter of credit.
- Representing a private individual and his family companies in a series of investments in the gold mining industry in two African states, including negotiations with prospective international financiers and investment banks.
- Acting for charterers associated with a major international commodity trader in proceedings before the London Maritime Arbitrators’ Association proceedings with a disponent owner concerning forum shopping and alleged repudiation of an arbitration agreement.
- London based arbitration concerning demurrage claims relating to leak of seawater and vessel acceptability warranty relating to delays in receiving delivery of crude oil in the Middle East.
- Claim relating to in transit contamination of mono-ethylene glycol with impurities in transit from the Middle East to a far Eastern country; proceedings before an arbitral tribunal in London under the Arbitration Act 1996.
- Barratry claim, involving deliberately berthing a vessel in a jurisdiction in which it would be subject to arrest, to blackmail the disponent owner into satisfying the debts in respect of which arrest was obtained.
- Grounding claim in India (unsafe berth for a vessel of the requisite tonnage); apportionment of responsibility.