International Arbitration

Our team has experience in representing both States and investors on a range of disputes ranging from mid to high value claims in the renewable and conventional energy, financial services, agricultural, telecommunications, competition, creative industries and construction sectors.

Our recent experience includes:

• Advising Italian investors in their claim under a bilateral investment treaty (BIT) against an East African state for cancellation of a biofuels project where the lost profits claimed exceeded $100M.
• Representing Cypriot investors in their claim against the State of Greece under a BIT, in relation to breaches of anti-discriminatory measures, unfair and inequitable treatment, and a most-favoured nation clause in imposing an arbitrary haircut on bondholders, leading to a loss of over US $3BN.
• Acting for the claimant in claims arising out of a 15 year, multi-billion contract for the supply of grain by one state-owned entity to another (before GAFTA).
• Advising numerous investors of different nationalities on pre-investment dispute matters including choice of forum (ICC, ad hoc and other).

Our expert team has substantial experience advising claimants and respondents ranging from private individuals to start-ups, SMEs and larger businesses, including corporations and state-owned entities.

For arbitrations seated in England or where assets are located in England, our litigation team is well placed to assist arbitration capabilities. Given the strength and excellent value of our litigation practice (which is primarily based outside of London), our work is complemented by our ability to assist arbitration clients on ancillary litigation in the English courts. This includes interim relief applications and actions to set aside or enforce an award under the Arbitration Act 1996. For more information on our International Dispute Resolution practice, please click here.

Often, due to the nature of a dispute, the international identities and locations of the counterparties and the jurisdictions involved make the traditional process of resolution through the English or local court system impractical.

We will provide you with a specialised process designed to offer a practical, efficient, and equally binding forum for the resolution of such disputes.

Representative experience includes:

• Advancing and defending various challenges before the English Commercial Court under ss. 67, 68 and 69 of the Arbitration Act 1996.
• Advising a large Turkish hotel owner group against a major international hotel operator in an ICC arbitration for breach of hotel management obligations, negligence and breach of fiduciary duties under an international management contract. The seat is London and the value is US $40M.
• Advising Russian shareholders in their joint venture dispute against a Russian partner who breached the investment provisions of a joint venture agreement for oil and gas services. LCIA arbitration. Value: US $25M.
• Representing a state-owned entity, the employer, in the Middle East defending against an arbitration claim of around US $50M brought by its contractor for wrongful termination, in the tourism and construction sector. DIAC arbitration. Seat of arbitration was Dubai.
• Successfully defending an English Commercial Court challenge issued under s.68 of the Arbitration Act 1996 seeking an order that a substantial arbitration award be set aside on grounds of both actual and apparent bias [Radisson ApS Danmark v Hayat Otel Işletmeciliği Turizm Yatırım Ve Ticaret Anonim Şirketi [2023] EWHC 892 (Comm)]
• Acting (in conjunction with lawyers at leading German and Swiss law firms) for a Turkish company in various contested arbitral and legal proceedings regarding a boron extraction plant in Bandirma commissioned by the Turkish government. The proceedings included:

– A successful 4-day challenge in the English Commercial Court to the jurisdiction of the arbitrator (a leading English commercial silk [ASES Havacilik Servis Ve Destek Hizmetleri A.S. v Delkor UK Limited [2012] EWHC 3518 (Comm), [2013] 1 Lloyd’s Rep 254].

– Subsequent arbitral proceedings in Switzerland (under Swiss law).

– Costs recovery involving complex issues of the overlapping jurisdiction of the Swiss tribunal, incorrectly constituted English tribunal and the English Court.

– Demand guarantees subject to Turkish law and jurisdiction but restrained from payment by (English) injunctions under s44 Arbitration Act 1996.

• Representing a PLC in LCIA arbitration proceedings regarding the construction of terms of a settlement agreement involving various Russian parties in relation to the purchase of an oil terminal. The matter involved highly complex issues, including complicated corporate structures and ongoing Russian related court proceedings, multi-jurisdictional and cross border issues.
• Acting for a medical devices distributor in defending multi-million arbitration proceedings (Swiss Rules) in Zurich against a global Swiss manufacturer/supplier.
• Instructed by an English company in an ad hoc arbitration against a Chinese NYSE listed company for breach of an agency agreement.
• Acting for US Listed Pharmaceuticals Company in various arbitrations (ICC).

We recognise that in some instances, the budget for prosecuting or defending arbitration claims may be challenging especially in circumstances where an investor has been expropriated of all his/its assets and requires financial assistance to pursue its claims. Gardner Leader has experience in advising on obtaining alternative finance for clients where needed.

Where the merits and the economics of the case permit, we are able to advise on creative funding solutions for our clients. Gardner Leader has formed a strong network of ‘partner’ lawyers across the world experienced in investment arbitration with whom to co-counsel where appropriate.