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International Arbitration

Often, 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 or inapplicable. International arbitration is a specialised process designed to offer a practical, efficient, and equally binding forum for the resolution of such disputes. In addition, international arbitration can be faster and more flexible than conventional litigation.

Gardner Leader’s international arbitration team has experience in resolving commercial and investment disputes between States, and between qualifying investors and States or State-owned entities under international law conventions, investment treaties, foreign investment laws and investment contracts. We have conducted arbitrations under all of the major institutions (ICC, LCIA, UNCITRAL, Swiss Rules, GAFTA and ad hoc).

Investment Treaty / State Disputes

In investment 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. The individual team members’ recent and current experience includes:

Commercial Arbitration

In commercial arbitration, the Gardner Leader team has substantial experience advising claimants and defendants ranging from private individuals to start-ups, SME’s and larger businesses, and larger corporations and state-owned entities. For arbitrations seated in England or where the assets are in England, our litigation team is well placed to assist arbitration capabilities. Given the strength and excellent value of our Newbury and Maidenhead-based London litigation practice, our work in arbitration is complimented by our ability to assist arbitration clients on the ancillary litigation in support of arbitration in the English courts. These include interim relief applications, and actions to set aside (under s67 of the English Arbitration Act) or enforce an award, where the Gardner Leader team has been successful recently.

Representative experience includes:

Gardner Leader also recognises that in some instances, the budget for prosecuting or defending against 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. Part of the Gardner Leader team has direct experience of third party funding, having worked in-house at a global litigation funder. 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.

Our International Arbitration Team

Unsure who to contact? Make a general enquiry:

Newbury Thatcham Maidenhead