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InternatIonal arbItratIonAn overview of our practice

Cross-border disputes are increasingly common, involving different cultures, legal systems and business concepts. They are often complex, time consuming and costly.

International arbitration procedures are designed to overcome these difficulties. Many businesses adopt arbitration provisions in their commercial agreements to resolve any disputes efficiently.

Our international arbitration practice has handled complex cross-border disputes in jurisdictions across Europe, Asia, the Americas, Africa and the Middle East under a wide range of arbitral bodies. We have helped clients worldwide reap the benefits of international arbitration procedures.

International arbitration offers:

Flexibility in procedures and rules ■

of evidence;

Flexibility as to who will ■

determine the dispute;

Greater ease of enforcement ■

worldwide under international conventions;

Greater levels of confidentiality; ■

and

Greater neutrality. ■

Global experIence, local ImplementatIon

Key to the effective use of international arbitration procedures is an understanding of the laws, practices and jurisdictions involved.

With offices in over 60 cities worldwide, we provide teams around the globe with detailed knowledge of arbitration institutions, regulations and practices. Well established in their local markets, our international arbitration team has a full understanding of local requirements and a perspective that spans borders.

Each jurisdiction presents distinct legal, regulatory, linguistic and cultural variations. We provide individuals with the right cultural skills and legal experience.

This local understanding is vital to:

Gain swift access to local courts ■

to compel parties to respect the obligation to arbitrate and obtain suitable emergency injunctive relief;

Prevent domestic litigation ■

which conflicts with arbitration proceedings;

Achieve effective enforcement of ■

arbitral awards locally; and

Have access to local procedural ■

and substantive legal advice.

our team

Our practitioners are fluent in over 13 languages and come from over 20 different countries (from the United Kingdom to Russia, Colombia to China, Sweden to Nigeria). We have a highly international outlook and are attuned to cultural differences in business and in law. We have demonstrated success in resolving international arbitration matters for clients across Europe, Asia, the Americas, Africa and the Middle East, involving a wide range of arbitration institutions, rules and governing laws. Members of our team regularly sit as arbitrators and speak at international conferences.

Those leading our global practice are:

Matthew Saunders

Matthew is credited in the UK Legal 500 2007 review of recommended arbitration and international law firms. He has extensive experience in international arbitration and commercial litigation relating to international projects, including proceedings under bilateral investment treaties. He is a member of the London Court of International Arbitration, the Chartered Institute of Arbitrators and the Association of International Petroleum Negotiators. Matthew regularly writes for international legal and business media.

02 | International Arbitration overview

InternatIonal

arbItratIon

Claudia T. Salomon

Claudia focuses her practice on complex international disputes. She has managed arbitration under the AAA/ICDR, ICC, ICSID, LCIA, UNCITRAL and Vienna rules. Claudia was selected as “45 under 45” in international arbitration by the Global Arbitration Review. She is included in the International Who’s Who of Commercial Arbitration and the International Who’s Who of Business lawyers.

Mark Nadeau

Mark is an acknowledged leader in the field of international arbitration and dispute resolution. A Fellow of the Centre for International Legal Studies in Austria, he has spoken at conferences on International Arbitration and dispute resolution at the Law Society in London and at American Bar Association annual meetings. He is published in the textbook Legal Issues in the Global Information Society and is regularly quoted as a commentator in legal and business journals. Mr. Nadeau’s work has been worldwide in scope, involving hotel disputes in Malaysia and Indonesia, trademark and product liability disputes in China on behalf of Chinese companies and investors, television and telecommunications disputes in Southeast Asia and Europe, and oil and gas disputes in Brazil and Europe.

Justyn Jagger

Justyn has conducted a wide range of ICC, SIAC, UNCITRAL, LCIA and ad hoc arbitrations across Asia. He specialises in construction, insurance and reinsurance arbitrations. Justyn has been named as a leading individual in arbitration in Singapore in the 2000 to 2006 editions of the Asia Pacific Legal 500.

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our

experIence

Our lawyers have specialist experience of international arbitration institutions and venues, their rules, regulations and practices.

We have handled international arbitrations administered by the following arbitral institutions:

American Arbitration ■

Association (AAA);

International Chamber ■

of Commerce (ICC);

Singapore International ■

Arbitration Centre (SIAC);

International Centre for the ■

Settlement of Investment Disputes (ICSID);

London Court of International ■

Arbitration (LCIA);

China International Economic ■

and Trade Arbitration Commission (CIETAC);

Hong Kong International ■

Arbitration Centre (HKIAC);

Indonesian National Board of ■

Arbitration (BANI);

Thai Arbitration Institute (TAI); ■

Stockholm Chamber of Commerce ■

(SCC); and

Vienna Arbitral Centre. ■

We handle ad hoc arbitrations and arbitrations under the UNCITRAL Rules in numerous seats, under a wide variety of governing laws.

Our team is also familiar with the rules of GAFTA, LME and FOSFA, and we work with the arbitral bodies that regulate aviation, construction and engineering, insurance and reinsurance, international trade, shipping, technology, media and communications, international finance, and energy. We represent parties in international arbitrations arising in a broad range of industry sectors, including aviation, banking, construction, energy, insurance and reinsurance, international finance, international trade and investments, intellectual property, maritime, media and communications, technology and telecommunications.

We have extensive experience in handling arbitration disputes involving sovereigns, including claims brought under bilateral investment treaties (BITs) and multi-lateral investment treaties (MITs), such as the Energy Charter Treaty, involving the application of public international as well as private law.

From single agreements to multi-party agreements and bilateral investment treaties, we can help. Our approach is to reduce the uncertainties involved in commercial disputes through innovative dispute resolution strategies and effective case management.

We regularly:

Advise on the management of ■

risk through the drafting of arbitration agreements, including the selection of arbitration rules, choice of law and jurisdiction;

Conduct arbitral proceedings; ■

Enforce and resist enforcement of ■

arbitral awards worldwide;

Litigate before domestic courts ■

in connection with arbitration, including obtaining emergency injunctions and orders;

Provide guidance on the ■

incorporation of specific arbitration rules, of choices of law and jurisdiction;

Advise on the protection ■

of investments through the application of bilateral investment treaties and multilateral treaties incorporating arbitration procedures; and

Advise on other effective dispute ■

resolution mechanisms, such as alternative dispute resolution (ADR).


examples of

our Work

The experience of our team includes:

Investment treaty arbItratIon experIence

Representing an Eastern European ■

country in a $350 million ICSID arbitration brought under a bilateral investment treaty and the Energy Charter Treaty concerning pipeline systems for the transportation of petroleum, oil and gas.

Representing an Eastern European ■

country in an ICSID arbitration under a bilateral investment treaty arising out of the privatisation of the steel industry.

Representing a construction and ■

leisure group in an investment treaty arbitration against a Middle Eastern government arising from a failure to afford full protection to investments in that state.

Representing a Central European ■

country in an investment treaty arbitration under the Stockholm Rules arising out of the issuance of GSM mobile telephone licences.

Representing a Central European ■

country in an investment treaty arbitration and related international commercial arbitration under the UNCITRAL Rules involving $5 billion worth of claims arising out of the failure of one of the largest banks in the country.

Representing the Government ■

of India in an investment treaty arbitration in London arising out of the construction and operation of a power station at Dabhol near Mumbai. Shareholders in the power company brought claims valued

at $6.5 billion pursuant to a treaty between India and Mauritius, alleging that acts of the Government of India constituted expropriation and inequitable and unlawful conduct, in violation of the treaty.

Representing an Austrian ■

company in an ICSID arbitration claim against Bosnia-Herzegovina involving a public utility company’s breach of contract.

other selected InternatIonal arbItratIon representatIons

Representing a major sub-Saharan ■

GSM telecommunications company in a $10 million UNCITRAL claim under an international voice traffic termination rate agreement.

Representing a major US ■

telecommunications company in an ICC arbitration against a Taiwanese computer manufacturer for breach of contract.

Representing a Caribbean country ■

in an ICSID claim brought by a US oil entity arising from a petroleum exploration and development agreement.

Representing MCI WorldCom, ■

Inc. involving defence of indemnification claims in a JAMS arbitration brought by Cable & Wireless in connection with a $1.75 billion purchase and sale of an Internet business.

Representing the largest construction ■

company in Turkey against a Japanese contractor in a complex

arbitration involving a polyethylene plant built in Saudi Arabia.

Representing a major Spanish ■

financial institution in an arbitration in New York under the AAA Rules in connection with investment in the B2B Internet sector in Spain and Latin America.

Representing a South-East Asian ■

corporation seeking to enforce an arbitral award against a Southern Asian government under a performance guarantee including issues of sovereign immunity and anti-suit injunctions.

Representing a Mexican toll road ■

operator in an ad hoc arbitration brought by certain of the company’s bondholders.

Representing a Turkish natural ■

gas company in an ICC arbitration involving a breach of contract dispute against a Dutch subsidiary of a US energy company.

Representing a Greek telephone ■

company in three arbitrations before a single tribunal under the UNCITRAL Rules involving the privatisation of an Eastern European telephone system.

Representing a Slovak company ■

in an arbitration under the Vienna Rules against a Finnish company in a construction contract dispute.

Representing a Cayman Islands ■

telecommunications company in an ICC arbitration raising issues of public law and arbitrability


Why choose

dla pIper

Our clients tell us they like:

Our relationship-driven approach - ■

by ensuring that we actively listen to our clients we understand what their real needs are and actively build long-term relationships. Our internal client service ethic is driven by our values and commitment to our people and is supported by open and honest communications at all levels.

Our business-like attitude - we ■

offer a real understanding of the commercial, managerial and personal challenges our clients and their people face every day and their need for competitive advantage.

Our broad service capability - by ■

providing a wide range of legal services we can support our clients with their strategic and operational business plans - as we are there for the important business issues, day by day, year on year, and apply our technical skills and the best current thinking to ensure a relevance of approach.

Our local knowledge - lawyers ■

established in their local legal and business environment who provide clients with the same dedicated approach to service and quality across every office and jurisdiction.

Our single-source legal support - a ■

legal services organisation capable of delivering the service and value clients need, wherever they choose to do business.

InternatIonal arbItratIon contacts

For advice on dispute resolution and arbitration matters, please contact:

Asia

Justyn Jaggert + 65 6512 6038 f + 65 6512 9500 [email protected]

christopher clarkeT: +852 2103 0688 f +852 2810 1345 [email protected]

Continental Europe

bruce meet +33 1 42 61 57 71 f +33 1 42 60 33 0 [email protected]

diederik de Groott +31 20 541 98 15 f +31 20 541 99 56 [email protected]

Josep maria Juliàt +34 91 788 7379 f +34 91 788 7392 [email protected]

Middle East

Jim delkousis t +971 (0)4 363 6978 F: +971 (0)4 363 6901 [email protected]

Tom Canning

t +971 (0) 4 363 6917 f +971 (0) 4 363 6901 [email protected]

uk

matthew saunderst +44 20 7796 6314 f +44 20 7796 6994 [email protected]

philip chongt +44 (0)20 7153 7378 f +44 (0)20 7796 6994 [email protected]

USA

claudia t. salomont +1 212 335 4848 f +1 212 884 8548 [email protected]

mark nadeaut +1 480 606 5110 f +1 480 606 5510 [email protected]

stanley mcdermottt +1 212 335 4790 f +1 212 884 8490 [email protected]


our Global

reach

DLA PIPER OFFICESAUSTRIASalzburgViennaBELGIUMAntwerpBrusselsBOSNIA-HERZEGOVINASarajevoBULGARIASo�aCHINABeijingHong KongShanghaiCROATIAZagrebCZECH REPUBLICPragueFRANCEParisGEORGIATbilisi

GERMANYCologneFrankfurtHamburgMunichHUNGARYBudapestITALYMilanRomeJAPANTokyoNETHERLANDSAmsterdamNORWAYBergenOsloPOLANDWarsawRUSSIAMoscowSt. Petersburg

SINGAPORESingaporeSLOVAK REPUBLICBratislavaSPAINMadridTHAILANDBangkokUKRAINEKyivUNITED ARAB EMIRATESAbu DhabiDubaiUNITED KINGDOMBirminghamEdinburghGlasgowLeedsLiverpoolLondonManchesterShef�eld

UNITED STATESAtlantaAustinBaltimoreBostonChicagoDallasHoustonLos AngelesNew YorkNorthern VirginiaPhiladelphiaPhoenixRaleighSacramentoSan DiegoSan FranciscoSeattleSilicon ValleyTampaWashington, DC

DLA PIPER GROUP FIRMSAUSTRALIAAdelaide BrisbaneCanberraMelbournePerthSydneyEGYPTCairoGHANAAccraNEW ZEALANDAuckland WellingtonSOUTH AFRICACape TownJohannesburg SWEDENStockholmTANZANIADar es SalaamMwanzaZAMBIALusaka

DLA PIPER FOCUS FIRMSANGOLALuandaCAPE VERDEPraiaDENMARKCopenhagenEQUATORIAL GUINEAMalaboGUINEA-BISSAUBissau VelhoIRELANDDublinMOZAMBIQUEMaputoPORTUGALLisbonSÃO TOMÉ E PRÍNCIPESão Tomé

DLA PIPER AFFILIATE FIRMSAUDI ARABIARiyadh

DLA Piper is a global legal services organisation, the members of which are separate and distinct legal entities. For further information please refer

to www.dlapiper.com/structure. A list of offices can be found at www.dlapiper.com.

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about us

From the quality of our legal advice and business insight to the efficiency of our legal teams, we believe that when it comes to the way we serve and interact with our clients, everything matters.

DLA Piper is a global legal services provider with lawyers across Asia, Europe, the Middle East and the United States.

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