Cross Border Disputes & International Arbitration Law
International arbitration and litigation involving States is high stakes – Linklaters advises how to navigate complex, cross-border disputes.
Matthew Weiniger KC is the Chair of the Linklaters Global International Arbitration Practice and a recognised expert in international commercial and treaty arbitration. Jacqueline Chaplin is Counsel and a Solicitor-Advocate in the Linklaters London office, specialising in litigation and arbitration involving governments and governmental entities. Together they explain how to navigate cross-border disputes.
When an international legal dispute arises, early advice should be sought about the procedural rules which apply, any special rules of the jurisdiction or venue of the dispute, and any time-sensitive legal issues arising in the case. High-value commercially critical disputes necessitate specialist counsel who are familiar with cross-border disputes involving States.
When commencing or defending an international arbitration claim, you need specialist advice about the arbitration rules and process, recommended arbitrators to appoint, and advice on the arguments that are likely to win favour with your tribunal. Our international arbitration team acts as legal counsel and advocate in any seat, under any law and before any tribunal. Regardless of whether your mandate arises under the ICC, LCIA, UNCITRAL, SCC, SIAC or HKIAC Rules, we are familiar with the institutions and how best to present your case.
There is great value in understanding how both sides of a corporate entity/sovereign State arbitration operate. We bring this experience to the table to win complex cases for our clients, for example, we represented the Federal Republic of Germany in claims totalling US$10 billion, giving rise to one of the largest arbitration matters in Germany’s history.
Public international law disputes
Many public international law disputes have commercial aspects. These can include boundary disputes, issues arising out of sovereign immunity and investment arbitrations. Navigating the intricate legal and political landscapes facing sovereign States in the interface between private and public law is a complex task. Investments must be carefully structured in a way that ensures commercial success and protection of a State’s interests. Linklaters is familiar with this landscape and routinely advises clients of potential pitfalls.
Should any dispute arise, however, Linklaters’ experience demonstrates why we are the preferred choice for States involved in significant arbitrations under bilateral and multilateral investment treaties. We represented the Islamic Republic of Pakistan in seeking annulment of a US$6 billion award, the second largest in ICSID’s history. We also acted for the Republic of Senegal in ICSID proceedings brought under the Franco-Senegalese BIT, and we have represented the Republic of Poland in separate claims brought under The Netherlands/Poland BIT, and the French/Polish BIT.
Commercial and Corporate Litigation
Where the resolution of a dispute requires court proceedings, we draw on our in-depth knowledge of local procedures to ensure a tactical and efficient solution. We are widely trusted by our clients to minimise financial disruption and reputational damage – always with stakeholder interests in mind. With resources comprising of over 2,800 lawyers, Linklaters has the depth of expertise and geographical reach to successfully bring or defend your legal claims.
As Governmental involvement in regulating new disruptive technologies gathers pace, this may well lead to an increase in Investor/state disputes. At Linklaters we have legal experts with a comprehensive understanding of the regulatory, legal and dispute areas of this increasingly important sector.
We have similar top-tier expertise on matters surrounding ESG, responsible business practices and disputes over human rights and climate change that are at the fore of agendas of corporations, investor activists and state regulator agencies.
Now more than ever, sanctions issues are affecting corporate operations and may lead to an increase in disputes, arbitration and regulatory investigations. Linklaters has the legislative and commercial expertise to guide you through issues such as investment protection, conduct of operations, and advice required in relation to sanctions-related disputes.
For more details of our international arbitration, public international and commercial disputes services, click on the following link Explore Dispute Resolution at Linklaters
For more details of the firm and all of our practices, click on the link here www.linklaters.com
To arrange a meeting with Matthew or Jacqueline or one of their team, please contact in the first instance:
Katherine Neil email: email@example.com
Louise Stout email: firstname.lastname@example.org
One Silk Street
Tel: +44 (0)20 7456 2000
020 7993 4255