A specialist team for complex problems.
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:
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:
– 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  EWHC 3518 (Comm),  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.
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.
Clients tell us how we deliver peace of mind.