International Arbitration

Members of the team often act on behalf of substantial international corporates and business in a variety of areas, and in multi jurisdictions.

Disputes often arise out of joint venture agreements, shareholder, post M&A, finance and substantial projects.

These cases include complex issues of state Immunity, enforcement, rights and obligations under a sale and purchase agreement, termination of contracts, jurisdiction, and calculation of expectation loss.

Members are often involved in disputes arising out of substantial construction, infrastructure and development projects, acting for developers, contractors, state and state entities, corporations and joint ventures. These disputes are very complex involving multiple technical and quantum experts

The team have experience of issues relating to professional negligence, pre-action negotiations in the BIT proceedings, delay, aborted projects, failed infrastructure, defective design, frustration, force majeure, contractual variations, and extension of time, purchase price, workmanship, defective works, liquidated damages and prolongation.

In addition to conducting disputes under key arbitral rules we have experience of JCT, FIDIC, NEC3, as well as bespoke construction contracts, and turnkey agreements.

The team often acts on behalf of oil & gas and mining companies in substantial disputes and projects including pipelines and energy plants.

These often arise from joint venture, tripartite, sale and purchase and oil exploration agreements, performance guarantees, royalties and pricing, issues of international jurisdiction and state immunity, assignment clauses, breach, sanctions, fraud and BIT proceedings.

The team offers comprehensive coverage of all areas of sports law practice. Our Counsel provide advice, advocacy, analysis and answers in a commercial and client focussed approach to both players and athletes, players’ associations and Sports Governing Bodies as well as national and international federations. They appear in Courts, Tribunals and Arbitrations nationally and internationally, and provide reviews and advice on governance and the regulation of sport.

Members have experience as counsel and arbitrator under the CAS, The FA Judicial Panel, Sport Resolutions Arbitral Panel, Sport Dispute Resolutions Ireland Arbitral and Mediation Panel, The National Safeguarding Panel, British Equine Federation’s Anti-Doping and Controlled Medication Hearing Body.

The team has the established expertise to provide a fast and proactive response to urgent applications and hearings and is able to draw on experience sitting as arbitrators, mediators and panellists in domestic and international tribunals and advising and reviewing the work of international and national sports governing bodies in areas including anti-corruption and safeguarding.

Some examples of our international arbitration includes:

• Commercial and construction law dispute under ICC rules, seated in London
• Commercial and international treaty dispute under ICSID rules, seated in Washington DC
• Commercial dispute under DIFC-LCIA rules, seated in Dubai
• Commercial dispute under ICSID rules, seated in London
• Licence dispute relating to goldfields in Ghana under ICC rules, seated in London
• Dispute arising from development and operation of a mine under ICC rules, seated in London
• Multi-layered commercial dispute under DIFC-LCIA rules, seated in Dubai, and related proceedings in the High Court in London
• Commercial dispute under Rules of Japan Commercial Arbitration Association, seated in Tokyo
• A European manufacturer of industrial gas establishing a gas supply plant on BOO terms (Seat – Singapore, SIAC)
• Indian joint venture partner in a dispute between parties to a joint venture hospital project in India (Seat – Singapore, SIAC)
• An international steel conglomerate in respect of claims arising from construction of a plant in India (Seat – India, ICC)
• An African company in their dispute with an Indian company pertaining to project import of a sugarcane plant (Seat – Singapore, ICC)
• AS PNB Banka and others v. Republic of Latvia, ICSID Case No. ARB/17/47 – dispute arising out sanctions imposed by the Government on the claimants’ bank, seated in Washington DC
• Licence dispute relating to goldfields in Ghana under ICC rules seated in London
• Dispute between an American and an Indian company arising from an agreement for the development and operation of a mine under ICC rules seated in London
• Commercial dispute under PCA rules, seated in Dubai
• Oil and Gas Commodities dispute, under DIFC-LCIA rules seated in UAE
• International Investment Law and Projects dispute, under ICC rules seated in Geneva
• Oil and Gas, Joint Venture dispute under UNCITRAL rules, seated in Houston
• JV dispute, under LCIA rules seated in London
• A technology multinational company in a dispute arising from a distribution agreement involving legal questions on the subject of conflict of laws (Seat – London, LCIA)
• International Distribution, licencing and JV dispute under LCIA rules, seated in London)
• Maritime and Commodities dispute under LMAA rules seated in London
• Construction Project dispute, under ICC rules seated in London
• Project Finance dispute under LCIA rules, seated in London
• JV dispute under ICC rules seated in London
• Commodities dispute under ICC Emergency Proceedings, seated in Paris
• JV dispute under LCIA rules seated in London
• Construction dispute for sub-developer under DIAC rules, seated in UAE
• Infrastructure project dispute, under ICC rules seated in Qatar
• Construction dispute in relation to contractual variations and under ADCCAC rules, seated in UAE
• Contractual dispute for master developer under DIAC rules, seated in UAE
• Shareholder dispute in relation to a failed joint venture, under DIAC rules seated in UAE
• Construction dispute under ICC rules, seated in UAE
• Acting as sole counsel for a sub-developer in an ongoing arbitration claim and counterclaim with a combined value of approximately $200 million (DIAC)
• Representing the main contractor in a complex construction dispute valued in excess of $30 million, relating to a dispute over contractual variations and entitlement to an extension of time (ADCCAC)
• Counsel for a high profile master developer in a contractual dispute, obtaining a final award valued in excess of $10 million (DIAC)
• Counsel in an ongoing shareholder dispute in relation to a failed joint venture (DIAC)
• A British oil and gas multinational in their dispute with a contractor, in respect of the PannaMukti-Tapti oil field (Seat – India, Ad hoc)
• An Indian infrastructure company, in relation to its participation in the bid process for the award of a port project in the State of Orissa (Seat – India, Ad hoc)
• Challenge to bids and bid terms of the National Highways Authority of India pertaining to the Kishangarh Udaipur Ahmedabad stretch of National Highways (Seat – India, Ad hoc)
• 2 contractors on the KBPL (“Kandla-Bhatinda Pipeline”) Project (Seat – India, Ad hoc)
• Contractors to the Spie-Capag/NKK/Toyo consortium (Seat – India, Ad hoc)
• Contractors to the 765 kV S/C Mainpuri-Hapur & Mainpuri-Greater Noida Line with 765 kV/400 kV AIS at Hapur & Greater Noida and Associated Schemes/Work (Seat – India, Ad hoc)
• A state-owned insurance company in a dispute pertaining to the computation of a loss of profit claim (Seat – India, Ad hoc)
• An international contractor to the Commonwealth Games Committee of 2010 (Seat – India, Ad hoc)
• Insurance claim pertaining to the loss of profit arising from damage to a pipeline in the Narmada basin (Seat – India, Ad hoc)
• Insurance claim pertaining to the loss of profit arising from the labour unrest in a factory manufacturing tiles (Seat – India, Ad hoc)
• Successfully acting as sole counsel for the Respondent in proceedings with a combined value of $200 million, by defending a claim and obtaining a substantial award in damages by way of counterclaim (DIAC)
• Counsel for a party to a joint venture agreement relating to the development of a luxury hotel tower in Dubai, in a claim valued at in excess of $100 million, under LCIA rules
• Sole arbitrator in an appeal concerning a football transfer payment;
• Co-arbitrator in a broadcasting rights dispute (sport)
• Co-arbitrator in an appeal concerning a football player contract
• President in a disciplinary appeal (sport)
• President in a selection appeal (sport)

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