Arbitration is an internationally accepted means of resolving disputes, noted for its flexibility, confidentiality and ease of enforcement. Our global Arbitration practice advises a wide range of clients on issues arising under the laws of the British Virgin Islands, Bermuda, the Cayman Islands, Cyprus, and Luxembourg.
Our clients include States, banks, tech firms, transport companies, airlines, hedge funds and high net worth individuals.
With a global Arbitration team spanning British Virgin Islands, Cayman Islands, Hong Kong, Latin America, London, Shanghai, and Singapore we are able to support clients wherever they are worldwide and in relation to advice at any stage of the arbitral proceedings on drafting arbitration clauses, strategy, conduct of proceedings, expert evidence, recognition and enforcement of interim and final awards.
Our international team of arbitration specialists has extensive experience of conducting arbitrations under ICC, SIAC, LCIA, HKIAC, LMAA, and UNCITRAL rules and enforcing awards under common law, New York Convention, and Washington Convention.
Our background of cross-border international disputes, including fraud, asset-tracing, and insolvency means that we are ideally placed to advise on the strategy for enforcement and the steps necessary to realise assets. We have specialist expertise in obtaining interim relief to preserve or locate assets including obtaining freezing injunctions and Norwich Pharmacal orders in support of arbitral proceedings.
Our recent experience includes:
- Acting as lead counsel in an ICC arbitration relating to a US$100 million shareholder dispute in an oil and gas company including under the ICC Emergency Measures provisions.
- Acting as lead counsel in a multimillion dollar BVI arbitration under UNCITRAL rules relating to a shareholder dispute in a rail leasing company.
- Obtaining recognition of a US$1.3 billion ICC arbitral award issued in Minnesota and a Norwich Pharmacal order to assist with its enforcement – the leading case in the Cayman Islands Court of Appeal on the availability of Norwich Pharmacal orders in support of foreign proceedings - ArcelorMittal USA LLC v Essar Global Fund (FSD 2 and FSD 74 of 2019 / CICA 15 of 2019).
- Acting as lead counsel in a US$23 million LCIA arbitration relating to a shareholder dispute in an aircraft leasing company.
- Registering a US$2 billion ICSID award against a State.
- Obtaining enforcement of a SCC Award against a State.
- Acting as BVI expert witness on a JAMS hedge fund dispute.
- Acting as lead counsel on a JAMS hedge fund dispute.
- Issuing director’s proceedings for company information in the Cayman Islands in support of HKIAC arbitration proceedings, and advising on Cayman Islands law aspects of HKIAC emergency arbitration submissions - Jianjun Peng v Smart King (FSD 209 of 2018)
- Expanding the law on the acceptance of litigation funding in the Cayman Islands by securing court sanction of liquidation funding for enforcement of an arbitral award - A Company (FSD 68 of 2017)
- Obtaining recognition and enforcement of a Shanghai International Arbitration Center award against the defendant’s beneficial interest in companies established in the Cayman Islands.
- Representing a party to an LCIA arbitration in proceedings in the Cayman Islands regarding the effect of Cayman confidentiality laws on a disclosure order issued by the arbitral tribunal.
- Acting as lead counsel for minority shareholders of a BVI company in a HKIAC arbitration relating to substantial property interests in the PRC.