International Arbitration

Clyde & Co conducts large scale complex commercial and investor-state arbitrations all over the world, irrespective of the governing law, the arbitral rules or the language of the arbitration.

A heavyweight international arbitration practice

We specialise in cross-border, multi-jurisdictional and complex international arbitration across a range of sectors which build, power, move and protect the global economy. Our presence on six continents has enabled us to build a particularly strong reputation in new and emerging markets.

We consistently have one of the largest dockets of arbitration of any firm in the GAR30 and have been described by the LCIA as its biggest single user by a large margin, in addition to being one of the largest users of the ICC. Many of our partners hold leading positions at arbitral institutions and several of our practitioners also regularly sit as arbitrators in a wide range of disputes.

Our international arbitration team has run some of the largest arbitrations to date and have acted on many high-profile and politically sensitive cases that have required careful management to ensure a favourable result for our clients. Using our extensive network of offices and mature team of arbitration specialists, we respond rapidly in high pressure scenarios, delivering a tailored, flexible service to meet the requirements of each individual dispute. 

We advise our clients at every stage in the arbitration process – from commencement of the arbitration proceedings to enforcing arbitral awards or resisting challenges to awards. We consider the best course of action for our clients, whilst always being mindful of the potential economic benefit in achieving settlement where necessary.

Our International Arbitration Work

  • All
  • Africa
  • Asia Pacific
  • Latin America
  • Middle East
  • North America
  • UK & Europe
  • Arbitration proceedings regarding the acquisition of a medical facility

    Advising a Saudi company in relation to arbitration proceedings before the Cairo Regional Centre for International Commercial Arbitration, arising from a memorandum of association for the acquisition of a medical facility.

    Egypt

    ICC arbitrations regarding a hydroelectricity project in Egypt

    Assisting with the conduct of three related ICC arbitrations arising in relation to construction disputes on a hydroelectricity project in Egypt.

    Egypt

    Claim against large music distribution company in Kenya

    Successfully defending a claim against large music distribution company in Kenya for over USD 100,000 for alleged copyright infringement which was dismissed.

    Kenya

    Energy dispute under LCIA rules

    LCIA arbitration between a Ghanaian state owned oil storage and transportation company and an energy trading company.

    Ghana

    Employee rights to accessing personal data on termination of employment

    Advising a large security services company that employs more than 300 employees in Kenya on the rights of the employee to access their personal data on termination of employment under the provisions of the Data Protection Act.

    Kenya

    Telecommunications infrastructure dispute against the Government of Guinea

    Acting for a telecommunication infrastructure company in an ICC arbitration against the Government of Guinea in relation to a debt recovery.

    Guinea

    ICC arbitration regarding the termination of a joint development and funding agreement

    Advising a Moroccan real estate developer in an ICC arbitration regarding the termination of a joint development and funding agreement

    Morocco

    Precedent setting FOSFA sale of goods arbitration

    Successfully acting on this high profile FOSFA arbitration concerning a soft commodity agreement and time limits for the commencement of the arbitration. The judgment was widely reported, having implications on the timing of all future soft commodity cases

    Switzerland

    ICC arbitration regarding construction project in Alexandria

    Conducting an ICC arbitration in Cairo on behalf of a contractor in respect of a construction project in Alexandria.

    Egypt

    JV dispute arising from an infrastructure project

    Advising on an ICC arbitration relating to a joint venture dispute concerning an infrastructure project in Nigeria.

    Nigeria
  • Energy dispute under LCIA rules

    LCIA arbitration between a Ghanaian state owned oil storage and transportation company and an energy trading company.

    Ghana

    Claim against large music distribution company in Kenya

    Successfully defending a claim against large music distribution company in Kenya for over USD 100,000 for alleged copyright infringement which was dismissed.

    Kenya

    Employee rights to accessing personal data on termination of employment

    Advising a large security services company that employs more than 300 employees in Kenya on the rights of the employee to access their personal data on termination of employment under the provisions of the Data Protection Act.

    Kenya

    Telecommunications infrastructure dispute against the Government of Guinea

    Acting for a telecommunication infrastructure company in an ICC arbitration against the Government of Guinea in relation to a debt recovery.

    Guinea

    ICC arbitration regarding the termination of a joint development and funding agreement

    Advising a Moroccan real estate developer in an ICC arbitration regarding the termination of a joint development and funding agreement

    Morocco

    JV dispute arising from an infrastructure project

    Advising on an ICC arbitration relating to a joint venture dispute concerning an infrastructure project in Nigeria.

    Nigeria

    Enforcement of constitutional rights

    Acting for a private client in a claim for enforcement of constitutional rights including the right to privacy against a large national publication.

    Kenya

    Acting for an international marine salvor

    Acting for an international marine salvor in a claim for unpaid salvage including successfully arresting 277 cargo containers as security for the unpaid salvage.

    Kenya

    Advising a large insurance services provider in the UK

    Advising a large insurance services provider in the UK on the Kenyan legal position on the effect of late notification on a reinsurance contract in a claim of over USD 3 Million.

    Kenya

    Potential recovery options for international manufacturing company

    Advising an international manufacturing company on potential recovery options where there has been breach of the terms of an international marine bill of lading while the goods were in transit to the consignor.

    Kenya
  • AED 330 million mining contractor termination dispute

    Acting for a major subcontractor in a Supreme Court of Victoria proceeding involving AED 330 million in claims arising from the employer’s termination of the main contractor to the Minerva coal mine project

    Australia

    USD 105 million bulk carrier newbuild dispute

    Acting for an owner/operator and its P&I Club against a Chinese shipyard and trading house in relation to the building of four bulk carriers, with a total value of USD 105 million. By winning the arbitration for the first vessel, the case was subsequently settled and our clients were able to cancel all vessels and receive the instalments already paid, plus costs

    China

    ISDA derivatives arbitration before HKIAC

    Advised a European client in a complicated ISDA derivatives arbitration before HKIAC.

    Hong Kong

    SIAC arbitration for a major Indian contractor

    Representing the Indonesian subsidiary of one of the largest Indian contractors in a SIAC arbitration involving the construction of an offshore pipeline.

    India

    UNCITRAL dispute concerning a major power and utilities project

    Advising a US client on an UNCITRAL dispute relating to the purchase of a hydro power development in India.

    India

    Coal exporters' USD 500 million arbitrations

    Acting for a coal exporter in various arbitrations valued at USD 500 million. This included a USD 280 million SIAC arbitration against a power producer concerning the export of several million tones of thermal coal from Indonesia after the Indonesian Government imposed new export requirements

    Indonesia

    State-owned copper mine LME arbitration

    Successfully defending a Mongolian state owned copper mine in an LME arbitration concerning the practice and procedure for the sale of copper concentrates

    Mongolia

    SCMA USD 200 million construction contract arbitration

    Represented a marine engineering company in a USD 200 million plus SCMA arbitration involving the termination of a construction contract for a self-propelled, self-elevating vessel. According to the SCMA, this was the highest value arbitration under SCMA rules at the time.

    Singapore

    TadAZ aluminium production rights dispute

    Acting for the trading partners of a state owned aluminium plant in Tajikistan concerning rights to aluminium production and allegations of bribery and corruption; and on a related claim based on an alleged fraudulent misappropriation of the assets of an alleged partnership/joint venture, connected with the sale of aluminium produced by TadAZ. This claim involved related but separate actions in the Commercial Court and arbitrations in London, Stockholm and Zurich.

    Tajikistan
  • Multinational energy corporation Joint Venture Agreement arbitral claim

    Represented Petrobras in an UNCITRAL arbitration emanating from a joint venture agreement for the construction and operation of a power generation facility. The case was ranked 38th in the The American Lawyer’s 2007 Arbitration Scorecard.

    Brazil

    ICC USD 4 million port construction works arbitration

    Advising on a USD 4 million ICC arbitration concerning dredging and port construction works in the Dominican Republic

    Dominican Republic
  • ICC arbitrations regarding a hydroelectricity project in Egypt

    Assisting with the conduct of three related ICC arbitrations arising in relation to construction disputes on a hydroelectricity project in Egypt.

    Egypt

    Arbitration proceedings regarding the acquisition of a medical facility

    Advising a Saudi company in relation to arbitration proceedings before the Cairo Regional Centre for International Commercial Arbitration, arising from a memorandum of association for the acquisition of a medical facility.

    Egypt

    ICC arbitration regarding construction project in Alexandria

    Conducting an ICC arbitration in Cairo on behalf of a contractor in respect of a construction project in Alexandria.

    Egypt

    Advising a leading software developer

    Advising a leading software developer in its relationship with its local distributor in Egypt.

    Egypt

    Advising a North American chemical manufacture

    Advising a North American chemical manufacture in its relationship with its local distributor in Egypt;

    Egypt

    ICSID arbitration arising out of the Arab Spring

    Advising Saudi investors in relation to an ICSID arbitration, BIT treaties and alternative mechanisations of enforcement regarding the unlawful expropriation of assets and property by the Egyptian Government arising out of the Arab Spring.

    Egypt

    EgyptAir

    Retained by Insurers in defence of EgyptAir that crashed into the sea off the coast of Egypt enroute from Paris to Cairo.

    Egypt

    Advising client on a debt recover matter

    Advising client on a debt recover matter in relation to unpaid invoices in the amount of €400,000 from a debtor based in Egypt.

    Egypt

    Advising a client in the annulment proceedings before the Egyptian court

    Advising a client in the annulment proceedings before the Egyptian court in respect of a Cairo seated arbitration award.

    Egypt

    QR 110 million road project claim and ICC arbitration

    Advising a joint venture contractor on a QR 110 million claim and ICC arbitration arising out of a road project in Qatar

    Qatar
  • Pharmaceutical-related USD 100 million Bermuda Form arbitration

    Successfully representing insurers in a USD 100 million pharmaceutical-related Bermuda Form Arbitration

    Bermuda

    Property damage and business interruption losses

    Advising a Bermudian insurer on claims for property damage and business interruption losses arising from the shutdown of a US steel mill.

    Bermuda

    USD 200 million coverage arbitration governed by NY law

    Prevailing in a London arbitration where the Panel ruled under New York law, the insured was not entitled to any coverage with respect to its $200 million claim arising out of its manufacture and sale of allegedly defective pacemakers

    United States
  • Precedent setting FOSFA sale of goods arbitration

    Successfully acting on this high profile FOSFA arbitration concerning a soft commodity agreement and time limits for the commencement of the arbitration. The judgment was widely reported, having implications on the timing of all future soft commodity cases

    Switzerland

    ICC Paris arbitration on behalf of an international contractor

    Representing an international main contractor in an ICC arbitration in Paris in connection with a high value mixed use development in Egypt.

    France

    Parallel arbitrations regarding a USD 2.5bn Polish telecoms company

    Representing Elektrim in one of three parallel arbitrations relating to a dispute for control of Polish telecoms company PTC. This USD 2.5 billion LCIA arbitration featured heavily in the American Lawyer Scorecard 2011.

    Poland

    LCIA energy industry supplier dispute

    Representing an energy company in an LCIA arbitration regarding a large biomass plant located in Russia.

    Russian Federation

    ICC arbitration between a State Government and defence provider

    Acted for the Government of Serbia in an ICC Arbitration brought by Israeli defence company ImageSat. The challenge was heard over four days in the Commercial Court.

    Serbia

    GAFTA arbitration between grain traders and buyers

    Representing Swiss grain traders in GAFTA arbitration proceedings regarding claims against non-paying Israeli buyers and successfully defending the buyers’ counterclaim for alleged contamination of cargo with T2 mycotoxin on appeal.

    Switzerland

    Advising an African state on a dispute involving issues of sovereign immunity and conflict of laws

    The arbitration relates to the application of administrative law in connection with an agreement to provide flag services. It concerns issues of conflict of laws and administrative law and sovereign immunity.

    United Kingdom

    D&O related London arbitration under NY law

    Successfully representing a Bermuda insurer in a London arbitration applying New York law to a claim by a CEO of a major TMT company under a directors' and officers' policy

    United Kingdom

    LMAA USD 1 billion breach of contract arbitration

    Acting for an offshore firm in a USD 1 billion plus LMAA arbitration against a South American state owned company for breach of contract and expropriation of assets.

    United Kingdom

    Dispute involving German clients

    Acting for German clients in civil and arbitration proceedings in the UK.

    United Kingdom

Emerging commercial risks

You can’t avoid risk, but navigate it successfully and you can emerge stronger. That requires the superior knowledge of what you’re facing that Clyde & Co gained from hands-on experience dealing with risks of all kinds, all over the world, across our core sectors and beyond. We’ll work in partnership with you to help you face the future with confidence.

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Our International Arbitration team

Ben Knowles
Ben Knowles

Partner & Chair of the Global Arbitration Group

Nadia Darwazeh
Nadia Darwazeh

Partner

Loukas Mistelis
Loukas Mistelis

Partner

Georg Scherpf
Georg Scherpf

Counsel

Dr. Eckehard Volz
Dr. Eckehard Volz

Partner

Miguel Relaño
Miguel Relaño

Partner

Luis Enrique Rodriguez Gonzalez
Luis Enrique Rodriguez Gonzalez

Partner

Milena Szuniewicz-Wenzel
Milena Szuniewicz-Wenzel

Partner

Richard Power
Richard Power

Partner

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