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Arbitration

Arbitration

We are committed to helping our clients solve their most difficult problems. Sometimes this means using our advocacy skills in litigation, but often it means resolving disputes outside of court, in a confidential forum. Arbitration is an ideal platform for this as it can be collaborative or adversarial, depending on the circumstances.

Many of our barristers have been instructed to represent clients in arbitration. They have particular strength in commercial, fraud matters many involving international clients and assets. Several of our barristers and associate members are accredited arbitrators also, which gives them insight into the process.

Expertise

  • Acting for an Austrian petrochemicals company in an SCC arbitration where the only issue is the sanctions status of the client (as well as the s 44 SAMLA defence).
  • Challenging the jurisdiction of a PCA arbitration (London seat) on behalf of a Baltic state energy company in a dispute with a Singapore-incorporated counterparty.
  • Acting for claimant (with an EU-sanctioned UBO) in an LCIA arbitration against a Western oil major in an energy joint venture dispute.
  • Acting for an Iranian insurance company in an ICC arbitration (London seat) against a Singapore counterparty including the existence and nature of implied terms in a settlement agreement between the parties.
  • Acting for a Dubai commodities trader in a New York (AAA) arbitration brought by a US derivatives broker including claims in relation to misrepresentation and implied terms.
  • Acting for US and BVI companies in an ICC arbitration (Zurich seat) relating to loan and guarantee agreements of a total value of US$100m.
  • Acting for a Russian purchaser of heavy road construction vehicles under a series of long-term contracts with a Chinese manufacturer in a Stockholm CC arbitration (with a 2-week evidential hearing) – unpaid debts, amendment, wrongful termination, implied terms.
  • Acting for BVI companies (UBO US-domiciled CIS national) enforcing loan agreements made to Cyprus companies in relation to seed oil processing in Moldova.
  • Freezing injunctions in Cyprus and ancillary proceedings in Hungary and the US (from an asset recovery perspective).
  • Anti-arbitration injunction vs a Paris arbitration brought by the other side.
  • Acting for the large Middle East based conglomerate in DIAC arbitration relating to the fraudulent preparation of accounts and other fraudulent misrepresentation made in connection with the acquisition a major telecommunications company in the GCC region. Stuart acted at the final hearing of a claim that had a value of in excess of US$30m.
  • Acting for a US based investor in an LCIA arbitration relating to investments in telecommunications operators in the Balkan region. This is a complex, high value dispute that involves a major international bank, issues of sovereign immunity and evidence from parties based in a number of European jurisdictions.
  • Appearing in a US$350 million LMAA arbitration relating to the wrongful (and fraudulent) detention of two vessels in Mexican waters related to the high profile Oceanografia fraud. Stuart acted for the Applicant and succeeded in a case which established the ownership of a vessel which was in the possession of the Defendant. The case involved cross-examination of witnesses by video-link from Mexico.
  • Acting for the claimant oil company in an LCIA arbitration met with a counterclaim in excess of $300 million.
  • Acting for a claimant oil company in $440 million UNCITRAL arbitration against a state for breach of a Petroleum Supply Agreement.
  • Application by a trustee to set aside a freezing injunction on the basis of jurisdiction and to an arbitration clause providing for trust arbitration.
  • Acting in an GAFTA arbitration arising out of the shipping of grain across three countries and issues of contractual interpretation in a CIF agreement.
  • Acting in an UNCITRAL international arbitration claim for breach of an executive employment agreement seeking over USD100m in salary, share options and other benefits.
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Edward Cousins

David di Mambro

Josh Lewison

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