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Oral Evidence Series Part 5: How Does Oral Evidence Differ in Arbitration Proceedings compared to Court?
Leyla Maestri
Our experienced cross-border dispute lawyers are skilled at resolving complex international arbitrations for multinational companies, high-net worth individuals and a wide variety of businesses.
In today’s interconnected global economy, international arbitration fulfils a crucial role.
It provides commercial entities with a confidential dispute forum and judgments (awards) that can be enforced across the globe by virtue of the New York Convention - an international treaty with over 165 signatories which obliges national courts to enforce awards from other signatory countries without substantial interference.
Why is international arbitration increasingly popular in cross-border disputes?
Global businesses across a wide range of industries often favour international arbitration because of the ability to select:
- arbitrator(s) with particular sectoral and / or geographical knowledge;
- a seat of arbitration that is geographically neutral to the disputing parties; and
- a procedural framework tailored to a dispute.
How our experienced arbitration lawyers can help
We provide advice and support at all stages of the arbitration process; from drafting arbitration agreements and providing pre-dispute strategic input, right through to the post-award enforcement stage.
Our practice head, James Glaysher, also sits as an arbitrator, having received institutional appointments to act as sole arbitrator, tribunal chair and co-arbitrator. He draws on this experience of the other side of the hearing room when representing our clients’ interests.
Ultimately, the team prides itself on close, partner-level supervision and focused, nimble teams to ensure work output of the highest quality.
Uniquely, we are also able to draw on the expertise of colleagues across a wide range of legal disciplines, including commercial, criminal litigation, employment, immigration and real estate, to provide clients with a truly multi-disciplinary service.
Our International Arbitration law experience
The group has extensive experience of both ad hoc arbitrations and cases administered by all of the major institutions (ICC, LCIA, SIAC, HKIAC, DIAC and UNCITRAL).
Examples of international arbitration matters that we have advised on include :
- Acting for the Respondents in a suite of ad hoc arbitrations comprising claims of c. US$ 150 million arising from the sale and purchase of crude oil.
- Representing a private equity owned South American independent oil and gas company in an ICC arbitration concerning a post-acquisition dispute worth US$ 500 million.
- Acting for a UAE-based mechanical and electrical subcontractor in an AED 200 million dispute against the main contractor following termination. The project related to a mixed-use development in Dubai.
- Representing Cypriot and BVI-incorporated Respondents to an HKIAC arbitration concerning the sale and purchase of shares in a media and entertainment company.
- Acting for a large national oil company in an UNCITRAL arbitration, defending claims of over US$ 150 million relating to the sale and marketing of base oil.
- Acting for a Norwegian oil and gas company in one of the first applications to utilise the ICC’s emergency arbitrator provisions, in respect of a disputing arising out of a post-closing price adjustment mechanism.
- Representing a West African commodities trading company in an LCIA arbitration defending claims of US$ 80 million brought by a multinational energy and commodities company.
- Acting for an African lubricants supplier in LCIA arbitration claims brought against an international commodities supplier.
- Acting for an English FCA-regulated e-money institution in ad hoc arbitration proceedings against a West African services provider.
- Representing a US company which was co-claimant with a US manufacturer, against a multinational mining group and ten of its subsidiaries