Commercial Arbitration

International commercial arbitration is rightly recognised as the most effective cross-border dispute resolution process. It offers proven mechanisms by which to enforce the parties’ agreed contractual allocation of risk. The process is underpinned by international law, offering neutrality, confidentiality, decision makers with relevant expertise, flexibility and finality. We are experts in navigating arbitrations to achieve the goals of our clients.

Integrity - the integrity of commercial arbitration agreements and awards is founded upon international treaty and so respected by courts in over 160 countries. Specifically, the New Convention 1958 and slight variations on the UNCITRAL Model Law, as enacted in different jurisdictions worldwide, enable parties to engage in cross-border commerce, trade and investment with confidence, knowing that if something goes wrong they have an effective means of redress.

Specialist arbitrators – often chosen by the parties – guarantee neutrality versus the potentially partial national courts of one party’s home jurisdiction, and offer sectoral expertise when deciding disputes. Arbitration award enforceability is so difficult to challenge in national courts that most award debtors now pay timeously. When navigated sensitively, these dynamics can facilitate settlement and with it the preservation of fruitful commercial relationships.

Dedicated institutions - (such as the ICC, LCIA, SIAC, HKIAC, ISTAC or DIAC) often oversee international arbitrations through settled rules incorporated into the commercial parties’ contract(s). These rules feature procedural best practice and legal certainty. Commercial parties may also choose to arbitrate on an ad hoc basis pursuant to a national statute, which offers flexibility to tailor their own dispute process. An institution (such as the LMAA or CIArb) may administer ad hoc arbitrations or appoint the arbitrator(s), or the parties may do so themselves.,

Our adept commercial arbitration specialists repeatedly achieve wins or favourable settlements for clients across the world in international arbitrations. They also add value for clients during the transaction formation stage by tailoring dispute resolution clauses, risk enforcement mechanisms and related contractual drafting, as appropriate (on which please see further: Risk Management).  

Often, we can be a ‘one stop shop’ for clients with English law needs. A renowned full-service law firm, our arbitration advice is invariably contextualised within deep sectoral expertise. Where appropriate, we can also call upon specific disciplines to address discrete issues (such as Data Protection). All this redounds to our clients’ advantage. If desired, we can conduct advocacy before arbitral tribunals.

Allied to this, it is second nature to our arbitration practitioners to discern and manage different applicable laws, tricky jurisdictional challenges, admissibility issues and/or satellite litigation. We are fluent in the ‘soft law’ of arbitration, too, such as the IBA Guidelines on Conflicts of Interest, the IBA Rules on the Taking of Evidence and the Prague Rules.  

Our arbitration practitioners accept arbitrator appointments and have decided both domestic and international arbitrations, institutional and ad hoc. They regularly speak at specialist events and publish through different media. All this informs and broadens their approach to representing clients in arbitrations.