International & domestic arbitration

Our international arbitration group has experience in representing a wide variety of clients in international arbitration proceedings worldwide, in bringing court proceedings in support of or challenging agreements to arbitrate and arbitral awards and in enforcing arbitral awards.

We have acted in ad hoc arbitrations and those conducted under:

• ICSID
• UNCITRAL
• ICC
• LCIA
• SCC
• GAFTA
• LMAA
• FINRA (formerly NASD)
• AAA
• CAS and
• JAMS rules.

Our arbitrations have been seated in many different jurisdictions and have been in all major industries. Our international arbitration practice encompasses international commercial arbitration and investment treaty arbitration for both investors and sovereign states. Our expertise in international arbitration has resulted in recommendations in leading legal publications including the Legal 500.

Our team

Our team includes members of the Chartered Institute of Arbitrators (CIArb), the London Court of International Arbitration (LCIA) and the Association Suisse de l'Arbitrage (ASA). Many of our team members are regular speakers at international arbitration conferences and frequently publish and lecture at leading universities in this field.

Our clients

We act for a wide range of international clients in their business affairs, and theirdisputes: corporate entities and their directors and officers, high net worth individuals and their businesses, governments and government agencies, trading firms, funds, manufacturers, wholesalers and retailers, property owners, developers, banks, family offices, broker-dealers and trust companies. Business sectors in which we have expertise include energy, both oil and gas and power, commodities, telecommunications, insurance, banking, securities, medical or healthcare, shipping, defence and construction.

Our work

Set out below are examples of some of the recent arbitrations in which members of Withers’ international arbitration group have been involved. All involve claims for seven figure sums and upwards and/or claims to secure important non-economic rights.

  • Acting in an LCIA arbitration for a trust company which specialises in buying and selling art in relation to a Greek family dispute between a father and son over the ownership of a Monet painting under Swiss law.
  • Acting in an LCIA arbitration for a company owned by an Azerbaijani company in a dispute with a conglomerate of Israeli companies over a joint venture agreement in respect of an oil drilling licence just off the coast of Israel.
  • Successfully represented a NYSE listed Chinese company in an ICC arbitration in relation to a dispute which arose regarding the supply to an Italian company of multi-crystalline solar wafers. Legal issues included contractual construction, ‘take or pay’ and penalty clauses and competition issues.
  • Acting in an LCIA arbitration for the holding company and shareholders behind one of the largest conglomerates in Russia of heavy industrial companies which manufacture machinery and spare parts. The company was in dispute with bank in connection with the basis of a loan given by the bank to our client. The legal proceedings included anti-suit injunctions as well as injunctions in the Netherlands.
  • Acting for an Italian luxury yacht builder against a Maltese company incorporated for the purposes of purchasing and owning an award winning luxury yacht. The dispute related to the construction of this yacht under a shipbuilding agreement. This was essentially a contractual dispute involving delay, construction in accordance with strict ship building specifications and a claim for liquidated damages.
  • Successfully resisting preservation of property orders on behalf of a Cyprus company and its beneficial owner, a CIS billionaire, in an LCIA arbitration in a dispute involving a business in Russia owned as a joint venture by two Cyprus companies. The legal proceedings involved a number of jurisdictions including Cyprus, BVI and Russia.
  • Indorama International Finance Limited v Arab Republic of Egypt: Counsel of the Claimant in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a textile factory.
  • ATA Construction v The Hashemite Kingdom of Jordan: Counsel of the Claimant in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a dam construction agreement.
  • Karmer Marble Tourism Construction Industry and Commerce Limited Liability Company v Georgia: Counsel of the Claimant in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a highway construction and casino hotel services concession agreement.
  • Swisslion v The Republic of Macedonia Counsel of the Respondent in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a food factory.
  • GEA Aktiengesellschaft v The State of Ukraine Counsel of the Respondent in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to an energy and petrochemical manufacturing agreement.
  • EVN AG v The Republic of Macedonia Counsel of the Respondent in an ICSID arbitration involving issues of expropriation, the Energy Charter Treaty and bilateral investment treaties related to a concession agreement for electricity distribution.

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