International Arbitration

Dispute resolution can be a sensitive matter for businesses and in many cases a less public and adversarial forum is preferable for all parties involved.

Arbitration is a long established dispute resolution method in the UK, Europe and US, and is increasingly gaining acceptance in other markets, particularly for commercial disputes with an international element, generally offering easier enforcement of cross-border decisions than litigation, bringing with it a number of benefits:

• A faster and less costly resolution: By implementing a streamlined procedure, costs can be significantly reduced and a resolution reached more quickly;
• A confidential procedure: Minimising reputational damage since decisions reached are in total confidence;
• A more flexible process: This can be designed to accommodate the respective needs of both parties;
• A more tailored approach: Since the arbitrators can be selected according to their relevant sector knowledge.

What we do

Our International Arbitration group provides advice on arbitration and ADR from our lawyers across the firm with particular sector expertise in areas such as commercial litigation, construction and insurance/reinsurance.

With specialist arbitration lawyers based across our global network, we have advised on disputes throughout Europe, the Middle East, Africa, Asia Pacific, Latin America and North America, working alongside local lawyers where required.

What we are known for

DAC Beachcroft is well known for representing commercial organisations in all sectors, and in particular construction and engineering companies, insurers and reinsurers, governments and major industrials in both institutional and ad-hoc arbitrations under many substantive laws, and including under standard form contracts such as FIDIC.

International Arbitration rules

We have carried out and advised on arbitrations under the following Rules including:

• International Chamber of Commerce (ICC)
• London Court of International Arbitration (LCIA)
• International Centre for Settlement of Investment Disputes (ICSID)
• United Nations Convention on International Trade Law (UNCITRAL)
• Mexican Arbitration Centre (CAM)
• Santiago Chamber of Commerce (CAM Santiago)
• Singapore International Arbitration Centre (SIAC)
• Kuala Lumpur Regional Centre for Arbitration (KLRCA)
• International Arbitration Rules of the Canadian Commercial Arbitration Centre
• Various supplementary rules published by the International Bar Association (IBA)

We fully understand the intricacies and tactics of the arbitral process, and we are experts at using it effectively to maximise the benefit for our clients.

Our arbitration lawyers guide clients through all stages of the process. We advise at the pre-dispute stage of drafting arbitration clauses and handle any dispute from the outset of arbitral proceedings (including the selection of the tribunal and all preliminary arguments) through to any hearings.

We also advise on any post-arbitration issues, such as challenges or appeals against the arbitral award and on the recognition and enforcement of arbitral awards both under local laws and pursuant to the New York Convention 1958.

Detailed elements of our services

Our team can advise on:

• Commercial disputes: Often high value and including complex construction and engineering infrastructure disputes;
• Insurance and Reinsurance disputes;
• Drafting arbitration clauses: Or contract clauses requiring other forms of international dispute resolution;
• Selecting the arbitral (or other ADR) tribunal and coordinating interviews where permitted;
• Jurisdictional issues;
• Handling any challenges to the arbitral process;
• Enforcement of awards.