Gibson Dunn: Advising Clients Across the Dispute Resolution Spectrum

Gibson Dunn’s International Arbitration Practice Group advises a diverse range of corporates, investment funds, financial institutions and governments on complex cross-border investment treaty arbitrations and commercial arbitrations.  We also regularly advise on all matters of public international law.  The London team are highly experienced, with deep sectoral knowledge; in particular, the energy sector (both renewables and oil and gas), the financial services sector, extractive industries and telecommunications.

Gibson Dunn advises clients across the dispute resolution spectrum.  At the outset of a client’s investment, we advise on how that investment can be structured to guard against political risk through investment treaty protection – whether from a bilateral investment treaty or a multilateral treaty (such as the Energy Charter Treaty (ECT), which provides specific protection for energy investments).  We advise on whether the scope of the protections offered is adequate, or whether alternative investment structures would be preferable.  We regularly update our clients about relevant structuring developments, including, for example, the ongoing discussions regarding the reform of the ECT and intra-EU treaty disputes.  Further, we are well-placed to advise on the effect of the EU and the UK’s new Trade and Cooperation Agreement on investments.

As an alternative, or in addition, to treaty protection, we advise clients on how to draft their commercial contracts to incorporate appropriate protections, as well as guide clients through their dispute resolution clauses – including informing clients about the “pros and cons” of arbitrating with a London-seat versus elsewhere, and of litigating before the Commercial Court of England and Wales.

In the event a dispute arises, Gibson Dunn’s team advises on strategy and offers a full service to clients, from advising on pre-action correspondence or negotiations, to disclosure, to drafting pleadings and delivering advocacy (before arbitral tribunals and the English courts).  We are one of the most experienced investment treaty practices in the London-market and, in the commercial space, we act in disputes involving all major institutional rules, with vast experience of the LCIA and the ICC (among others).

Once a dispute has concluded, we have the expertise to guide clients as to next steps; including representing clients during the execution and enforcement process, and before the Commercial Court of England and Wales (or other national courts) in the event that a commercial arbitral award is challenged.

Following the Paris Agreement, as well as other international and domestic law developments, an area we are increasingly advising on is disputes relating to climate change broadly understood.  We are currently assisting clients involved in climate change litigation, and one of the first investment treaty disputes involving the phase out of fossil fuels.  We also have a strong ESG practice, that advises on financial risk, fiduciary duties and corporate due diligence in the business and human right space – a fast-changing area of law.  We regularly deliver training to clients on these issues and other issues of interest.

We remain at your disposal should you wish to discuss any of the aspects listed above or others with which we may be of assistance.

For further advice and assistance please contact:

Gibson Dunn & Crutcher LLP
Telephone House
2-4 Temple Avenue
London
EC4Y 0HB
Tel: + 44 (0)20 7071 4000
Contact: Mr Cyrus Benson
Email: cbenson@gibsondunn.com
Website: www.gibsondunn.com