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Resolving cross-border disputes: International arbitration

The Courts of England and Wales continue to be a favoured forum for resolving international disputes. It is also common for international contracts to specify arbitration under the laws of England and Wales (such as under the London Court of International Arbitration or LCIA) as the chosen method for resolving a dispute.

Cross-border disputes can often involve complex issues such as jurisdictional conflicts, differences in legal systems and practices, cultural and linguistic barriers and challenges in enforcing judgments across borders.

Parties involved in cross-border disputes therefore often seek alternative dispute resolution mechanisms such as arbitration which offer flexibility, confidentiality, and the ability to select experts familiar with international law and practices. It is also common for international contracts to specify arbitration under the laws of England and Wales (such as under the London Court of International Arbitration or LCIA) as the chosen method for resolving a dispute.

When disputes emerge, our specialist commercial litigation team can navigate both international disputes and arbitration proceedings across a spectrum of commercial contexts. Our team has extensive experience in conducting arbitration proceedings under various governing laws and arbitration rules, both domestically and internationally for multinational companies and high net worth individuals. We handle every part of the arbitration process, safeguarding your interests with precision and expertise. As an independent law firm based in the UK, we are free to work with any adviser around the world and are not bound by international networks or global offices and are far less likely to be professionally or commercially conflicted from handling your dispute. With our regional focus, our specialist international dispute lawyers offer far more competitive charge out rates than many of our London based competitors.

Common issues which we advise on include:

  1. The validity and enforceability of a jurisdiction or arbitration clause in a contract
  2.  Jurisdictional disputes and the conflict of laws issues including the likelihood that the courts of England and Wales have Jurisdiction over a dispute
  3. The appointment of suitable Arbitrators and their terms of reference
  4. Preparation and submission of proceedings
  5. Conducting Arbitration proceedings in accordance with commonly applied rules such as ICC or LCIA,
  6.  Enforcing awards through the courts
  7.  Whether final Arbitration awards can be challenged
  8. The workings of the Arbitration Act 1996b

Speak to an expert

Post-arbitration we have considerable expertise in enforcing arbitration awards, whether from domestic or global arbitrations, against entities with assets in England and Wales. Speak to our international arbitration lawyers by calling 0800 652 8025 or by sending an enquiry.

Posted:

Your key contact

John Flint

Partner

Manchester
John Flint is a Partner in Clarke Willmott’s commercial & private client litigation team, specialising in defamation and reputational management as well as director, shareholder and partnership disputes.
View profile for John Flint >

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