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.

Sea wall project, South Korea

Advising a leading Korean contractor in connection with a dispute with an equipment supplier for a sea wall project in Korea.

DAB and ICC arbitration proceedings in Eastern Europe

Fenwick Elliott acted for a European construction company in a motorway building dispute arising out of the termination of a €52 million contract, which was based on the FIDIC Yellow Book. There were five DAB referrals and subsequent ICC arbitration proceedings.

There were a number of hearings before both the DAB and the arbitral tribunal (ICC arbitration), where Fenwick Elliott represented the client, the claimant in these proceedings.

Arbitration in the UAE

When an engineering project in the UAE fell into dispute, the contractor, dissatisfied with his current advisors, approached Fenwick Elliott to take over conduct of its claim.