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International arbitration

At Fenwick Elliott, we have a number of specialist partners dedicated to international arbitration who regularly deal with cases involving major construction, infrastructure and energy projects all over the world, often with significant sums of money and tight deadlines at stake.

Our expertise and day-to-day dealings on these major international projects means that we are familiar with the major international contract forms or bespoke contracts derived from those forms. For a number of reasons, including enforceability, the need for confidentiality and the trans border nature of such projects, these contracts typically provide for arbitration as the preferred form of dispute resolution.

If a dispute does arise we are well placed to advise on the most effective course of action – whether or not that is arbitration.

Many international construction contracts call for intermediate forms of dispute resolution based on dispute boards. We regularly represent parties before these boards and many of our partners sit on dispute boards, gaining insights which translate to greater value for our clients.

Whatever the size of the dispute, we have the experience to judge the right approach and the resources to back up that approach. When it is appropriate, we regularly work together with local lawyers and experts across different jurisdictions from both civil and common law systems.

Whether the contract provides for its own ad hoc arbitration or requires that the arbitration is held under specific rules, we are familiar with all the major institutions including:

  • International Chamber of Commerce (ICC)
  • International Centre for the Settlement of Investment Disputes (ICSID)
  • London Court of International Arbitration (LCIA)
  • Dubai International Arbitration Centre (DIAC)
  • Singapore International Arbitration Centre (SIAC)

Finally, we do not forget that sometimes court proceedings are necessary. There are an increasing number of court cases in support of, or challenging agreements to, arbitration. We can advise you on the merits or otherwise of bringing or defending these claims as well as assisting you in choosing the right strategy for enforcing or challenging arbitral awards.

Acting on behalf of a major international EPC contractor in connection with the first privately financed independent water & power project in the Kingdom of Saudi Arabia. Fenwick Elliott advised on all legal issues arising in connection with the design, construction and commissioning of the project including delay and disruption claims against the project’s owners, inter-consortium disputes and international arbitration proceedings against a key subcontractor.

Advising a leading international technology company acting as EPC Contractor for the design, procurement and installation of a fully integrated security system for a Middle Eastern country’s national oil and gas production and processing facilities. Contract value approximately $450 million.

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This adroitly developed team has surged into the international dispute resolution arena.
Chambers and Partners UK