1️⃣ Drafting and Negotiating Arbitration Clauses
One of the most effective ways to prevent future disputes is ensuring that contracts include well-drafted arbitration clauses. Many businesses and investors do not realize the importance of a properly structured arbitration agreement until a dispute arises.
✔ How You Can Help:
- Drafting clear and enforceable arbitration clauses in commercial contracts.
- Advising on the choice of arbitral rules (e.g., LCIA, ICC, UNCITRAL, SIAC).
- Recommending a suitable seat of arbitration (London is a preferred choice).
- Defining the language of arbitration to avoid translation issues.
- Ensuring the arbitration clause complies with the New York Convention (1958) for enforceability.
📌 Example: A client signing a multi-million-pound international supply contract might need an arbitration clause specifying London as the seat of arbitration under LCIA rules.
2️⃣ Advising on Jurisdiction & Initiating Arbitration Proceedings
Many disputes arise over whether an arbitration tribunal has jurisdiction to hear a case. Before initiating arbitration, clients may need clarity on whether their case is arbitrable.
✔ How You Can Help:
- Assessing whether arbitration is the best dispute resolution method.
- Determining if the arbitration clause is valid and covers the dispute.
- Advising on whether to file arbitration in London or another jurisdiction.
- Preparing and submitting the Request for Arbitration (RfA) to initiate proceedings.
📌 Example: A business client might want to enforce an investment treaty arbitration claim but is unsure whether their dispute falls under an existing bilateral investment treaty (BIT).
3️⃣ Representing Clients in Arbitration Hearings
Once arbitration proceedings begin, clients need legal representation for case strategy, evidence submission, and advocacy.
✔ How You Can Help:
- Drafting legal pleadings (e.g., statement of claim, statement of defense).
- Collecting evidence and witness statements for arbitration.
- Representing clients in oral hearings before arbitrators.
- Handling cross-examinations of witnesses and expert testimony.
- Defending clients against jurisdictional challenges.
📌 Example: A global tech company is sued in an LCIA arbitration for breach of a software licensing agreement—you can represent them before the tribunal to defend against damages claims.
4️⃣ Enforcing or Challenging Arbitration Awards
Winning an arbitration case is not always enough—clients need help enforcing their award or challenging an unfair ruling.
✔ How You Can Help:
- Enforcing arbitration awards under the New York Convention (1958).
- Filing enforcement actions in UK courts or foreign jurisdictions.
- Challenging an arbitration award due to serious procedural irregularities.
- Defending against enforcement objections based on public policy concerns.
📌 Example: A real estate investor wins a $10M arbitration award against a foreign company but needs legal support to enforce it in a foreign court where the company has assets.
5️⃣ Advising on Costs & Third-Party Funding in Arbitration
Arbitration can be expensive, and clients often need help managing legal costs or securing third-party funding to finance their claims.
✔ How You Can Help:
- Advising clients on cost allocation and budgeting arbitration expenses.
- Assisting in obtaining litigation funding from third-party investors.
- Helping clients understand their cost recovery rights in arbitration.
📌 Example: A startup engaged in a $5M investment dispute may need third-party litigation funding to cover arbitration costs in London.
6️⃣ Negotiating Settlements & Alternative Dispute Resolution (ADR)
Many arbitration cases do not go to a final hearing because parties prefer to settle disputes amicably. You can help clients negotiate a favorable settlement before arbitration or during the process.
✔ How You Can Help:
- Conducting pre-arbitration negotiations to settle before filing a claim.
- Using mediation or conciliation to resolve disputes without litigation.
- Drafting settlement agreements that protect the client’s interests.
- Advising on whether to accept partial settlements or continue arbitration.
📌 Example: A construction firm facing a $20M breach of contract claim might want legal assistance in negotiating a reduced settlement to avoid full arbitration costs.
7️⃣ Handling Investor-State Disputes & BIT Arbitration
If a client has an investment in a foreign country that is unfairly expropriated or harmed by government action, they may need to file Investor-State Dispute Settlement (ISDS) arbitration.
✔ How You Can Help:
- Advising on Bilateral Investment Treaty (BIT) protections.
- Representing investors in International Centre for Settlement of Investment Disputes (ICSID) arbitration.
- Assisting businesses in securing compensation for government expropriation.
📌 Example: A foreign investor loses property in a government seizure and seeks arbitration under the Energy Charter Treaty (ECT).
8️⃣ Advising on Multi-Party & Multi-Contract Arbitrations
Many arbitration disputes involve multiple contracts, parties, and jurisdictions, making the process more complex.
✔ How You Can Help:
- Structuring arbitration proceedings involving multiple contracts.
- Advising on consolidation and joinder of multiple disputes.
- Handling disputes involving joint ventures, supply chains, and M&A transactions.
📌 Example: A client involved in a complex construction dispute might need legal guidance on consolidating multiple subcontractor claims into a single arbitration proceeding.
9️⃣ Protecting Clients from Unfair Arbitration Practices & Bias
One of the biggest concerns in arbitration is ensuring that the process is fair and impartial. Clients may face situations where arbitrators show bias, fail to disclose conflicts of interest, or mishandle proceedings.
✔ How You Can Help:
- Challenging arbitrator appointments due to conflicts of interest.
- Filing applications for removal of biased arbitrators.
- Advising on procedural fairness and protecting client rights.
📌 Example: A company involved in a commercial arbitration may suspect that an arbitrator has undisclosed connections with the opposing party.
Final Thoughts: How You Can Position Yourself as an Arbitration Lawyer in London
As an international arbitration lawyer in London, you can assist clients by:
✔ Drafting strong arbitration clauses to prevent future disputes.
✔ Initiating and managing arbitration proceedings before LCIA, ICC, or ICSID.
✔ Enforcing arbitration awards across multiple jurisdictions.
✔ Negotiating settlements and resolving disputes efficiently.
✔ Providing expert representation in complex commercial arbitrations.
📩 Do you need legal assistance in international arbitration? Contact Sahin Legal Consultancy today for expert legal advice! 🚀
