We have expertise in international arbitration, which is generally the preferred dispute resolution method globally in cross-border contracts to the exclusion of national court proceedings. The procedural laws of international arbitration are to a large extent harmonized, which is why we are able to act in arbitrations taking place in Hong Kong, Stockholm and other leading arbitration venues worldwide.
In addition, the protection offered clients by investment treaties that their home countries may have entered into, and the arbitration clause in such treaties, may be of great importance to clients’ business activities or shareholdings outside their home country. An arbitration clause in an investment treaty helps protect against political risks and harmful conduct by the foreign government in question.
Sometimes a client who has ended up in a dispute with a foreign contract party has no choice other than litigating in national courts as there is no arbitration clause in the contract. Likewise, a client who has ended up in a dispute with a foreign government may for one reason or another not be protected by any investment treaty or arbitration clause in such a treaty.
When a dispute is approaching or has arisen, we help sort out available alternatives for making or defending against claims in arbitration proceedings or national court proceedings. We provide specific recommendations on how – or whether – to proceed or amicably settle, based on any claims, counterclaims and defences made. As per the client’s instructions, our recommendations are revisited as the matter develops and additional evidence is made known. We of course consider together with the client whether an arbitral award or court judgment obtained would be enforceable in any assets, taking into account the applicable legal regime as well as the financial status of the other party.
When appropriate, depending on the law(s) applicable to the contract or any other relevant issue, we are able to handle the dispute together with lawyers qualified in the laws of different countries. Having a team with lawyers from different jurisdictions is not unusual in arbitrations or court proceedings concerning cross-border matters.
We also use our knowledge of international dispute resolution when negotiating and drafting international contracts for our clients. Usually, our clients prefer to include an arbitration clause in the contract. We consider questions such as for example what types of arbitration, or what places or countries of arbitration, would be preferable or acceptable to the client.