International Arbitration

We have a wealth of experience in advising clients in arbitration proceedings and court proceedings arising out of arbitrations.

We are experienced in conducting arbitrations under the major international arbitration rules and institutions, including UNCITRAL, ICC, ICSID, DIFC, LCIA, SIAC, CIETAC, SCC, WIPO as well as trade arbitrations such as LMAA and GAFTA and arbitrations under the Arbitration Act 1996.  

Our arbitration group acts for claimants and respondents, across multiple sectors, including those in the infrastructure, insurance, oil & gas, energy, real estate, leisure and major projects sectors.

The majority of our team of Partners, Senior Associates and Associates, are members of national and international arbitral groups with strong connections to the arbitral community.  We will ensure that you have the right partner led team of lawyers dedicated to guide and support you from the appointment to enforcement and throughout.

Why arbitration?

Commercial parties rarely have dispute resolution at the forefront of their minds at the contractual negotiation stage of a transaction, less still whether they should choose the English courts or arbitration to resolve any disputes that may arise.

While there is no one-size-fits-all solution for resolving disputes, arbitration typically affords more control and flexibility than litigation, with parties being free to agree the procedural rules that will apply, potentially resulting in shorter timetables and lower costs. This is particularly the case where arbitrations are conducted under the auspices of major arbitral institutions, including the London Court of International Arbitration (LCIA) and the ICC International Court of Arbitration (ICC). Such rules have made complex, multiparty disputes easier to conduct and offer expediated timetables for straightforward claims, as well as interim/emergency measures for cases deemed to be urgent. Depending on the nature of the contractual relationship and dimensions between the parties, we can advise on what arbitral rules might best suit your needs.

Confidentiality is another potential benefit of arbitration. Unlike court judgments, arbitral awards are generally confidential depending on which institutional rules govern the arbitration.

For those operating across jurisdictions, enforcing an arbitral award overseas is a relatively straightforward process thanks to the New York Convention to which over 160 countries are signatories.

Why Fladgate?

We maintain a vibrant and effective international desk structure to service global clients and we take a collaborative approach when working with other international law firms in arbitrations.

Our team works with general counsel, project and commercial managers, senior legal executives, government ministries and their legal officers.

We have particular expertise in disputes in construction and engineering, commodities, energy, banking and financial services, insurance, intellectual property, international trade, retail and sport.

Commodities

Clients instruct us to act on their most complex, business-critical matters across all sectors including oil and gas and renewable energy.

Our team is also ideally suited to advise and assist businesses with legal issues arising in connection with renewable and low carbon energy generation assets, such as wind and solar farms, energy from waste and biomass, battery storage, electric vehicle infrastructure and Greentech. 

Construction and Engineering

The breadth of our construction and engineering practice means we can support clients across a wide range of construction matters. Our specialist dedicated team advises clients on a wide range of issues which arise during and after construction, including payment, variations, termination, delay and defects. Where disputes cannot be resolved through negotiation, we assist clients in the prosecution and defence of claims in domestic and international dispute resolution proceedings, including adjudication and arbitration.

We act for clients from all corners of the industry including many leading funds and investors, developers, contractors and consultants, as well as international clients. The team also has strengths in many key sectors, including cultural institutions, hotels and leisure, and PFI/PPP projects.

Insurance

Our specialist insurance and reinsurance coverage team represent mainly policyholders and their captives in (re)insurance disputes across numerous sectors, including pharmaceuticals, manufacturing, energy, financial services, retail, construction, utilities and transport.

We are adept at successfully recovering insurance indemnities under all lines, including construction all-risks, professional indemnity, property, business interruption, D&O employers’ liability, public liability political/credit risk, corporate crime (1^st and 3^rd party), product liability/recall, Bermuda Form and cyber/privacy insurance policies.

We also specialise in reinsurance coverage disputes, recently representing a captive reinsurer in a US$500 million LCIA political risk coverage arbitration relating to a South American expropriation, and representing a captive reinsurer in a $100m LCIA arbitration relating to physical damage / BI losses caused by the “Zuma” riots in South Africa. The team is now assisting a policyholder in a political risk coverage dispute relating to an expropriation loss on the West coast of Africa.