International Arbitration and Dispute Resolution

Our International Arbitration team comprises pre-eminent and experienced commercial arbitration practitioners in dispute resolution and arbitration. We advise and represent a broad range of private and Government clients in major international transactions, projects and disputes throughout the world under all of the major arbitration rules and regimes. We are widely recognised for our experience in international arbitrations, under arbitral regimes such as HKIAC, ICC, KLRCA, SIAC and LCIA and boast some of the world’s leading practitioners.

Our experience is second to none and we are able to provide strategic advice to clients on:

• Bilateral Investment Treaties (BITs)
• The Washington Convention
• executive negotiation
• mediation
• expert appraisal/determination
• mini trial
• domestic arbitration
• international arbitration
• international litigation
• the choice between institutional and ad hoc arbitration
• appropriate arbitration rules
• number of arbitrators
• whether a dispute can be arbitrated
• multi-party arbitration
• bespoke drafting.

Our experience and expertise in international dispute resolution has enabled us to establish important relationships with individuals and institutions involved in dispute resolution and relevant industries. Our expertise extends to dispute resolution throughout Asia and the Middle East regions and globally. We have represented clients in disputes under all of the major arbitral institutions.

Our International Arbitration group have experience in a number of specific markets and can advise on legal issues within a number of arenas, namely:

• project and construction contracts
• energy and resource projects
• complex infrastructure disputes
• e-commerce
• insurance
• international trade
• intellectual property
• joint-venture agreements
• telecommunications and media.

Our International Projects, Dispute Resolution and Arbitration team has demonstrated experience advising on leading infrastructure and resources projects throughout the world. As a result of this, we understand the importance of having a legal adviser available as required, and where any project is based.

Our team has extensive experience advising in relation to international contracts and managing political risk. The effects of contractual default or political action in breach of a BIT can be reduced if there are clear and efficient methods of enforcement. In the context of international transactions, this means international arbitration, as domestic courts either do not have jurisdiction or their judgments are difficult to enforce. Decisions of arbitrators are enforceable in most countries pursuant to either the New York Convention or the Washington Convention.

Clayton Utz has a proven track record of mobility and of successfully managing international, globally-significant projects. For example, the team which comprised a number of partners and other lawyers working on the Taiwan High Speed Railway project were based on the ground full time in Taipei.