What the service includes
For disputes with a foreign counterparty, international arbitration is often preferable to a state court. An award is easier to recognise and enforce abroad thanks to the 1958 New York Convention, to which most countries of the world are party.
We conduct proceedings before the ICC, the LCIA and local arbitral institutions, from preparing the statement of claim in line with the contract’s arbitration clause to recognition and enforcement of the award in the respondent’s jurisdiction.
A separate area of our work is interim measures before and during the proceedings. Where there is a risk that the respondent will remove assets, we seek a freeze on property or accounts in the jurisdiction where the assets are actually located, before the award on the merits is made. To do this we work with local lawyers in the respondent’s country, because without a partner network on the ground even a winning award remains on paper.
What the service includes:
Who it is for
The situations clients most often bring to us on this topic.
How we work
A fixed fee and a clear plan of action, agreed before work begins. The timeframes below are indicative and depend on the complexity of the case.
Review of the arbitration clause
We examine the contract terms to establish which institution and rules govern the dispute. Timeframe: 3-7 days.
Filing the claim
We prepare the statement of claim and the evidence, in line with the requirements of the chosen arbitral institution. Timeframe: 2-4 weeks.
The proceedings
We represent the client at every stage of the arbitration. Timeframe: 6-18 months.
Recognition and enforcement
Once the award is issued, we arrange its recognition and enforcement in the debtor’s jurisdiction. Timeframe: 3-12 months.
What you will need at the start
We confirm the exact list for your situation at the consultation. This is a guide so that you arrive at the first meeting prepared.
Key figures
Experience in this practice area specifically, not in practice as a whole.
Common mistakes
The arbitration clause is copied from a template. A generic arbitration clause is often carried into a contract without regard to the applicable rules, the seat of arbitration and the language of the proceedings. When a dispute arises, the wording turns out to be unworkable or open to two readings, which delays the start of the proceedings.
Enforcement of the award is assumed to be automatic. Receiving an international arbitral award is seen as the end of the dispute, yet its recognition and enforcement in Russia require a separate court procedure. Without advance preparation, this stage can take longer than the arbitration itself.
Sanctions risks are ignored when choosing the seat. The seat of arbitration and its administering institution are often chosen without analysing how current restrictions may affect the Russian party’s participation, the payment of fees or the later enforcement of the award. This only becomes apparent once the proceedings have begun.
What you get
The claim and the evidence. The client receives a statement of claim and a bundle of evidence prepared to the rules of the chosen institution.
Interim measures abroad. Attachment of assets or freezing of the respondent’s accounts in the jurisdiction where the assets are actually located.
The arbitral award. A final decision on the merits, drawn up so that it can be submitted for recognition straight away.
An enforcement plan. A clear sequence of recovery steps in the specific country, taking account of the local courts and the respondent’s assets.
Related
Frequently asked questions
How does international arbitration differ from a state court?+
Arbitration is a private process in which the parties choose the arbitrators and the rules themselves, and an award is easier to enforce in another country thanks to international conventions.
How long do international arbitration proceedings last?+
From six months to two years, depending on the complexity of the dispute and on whether the award must subsequently be recognised abroad.
Can arbitration be started if the contract had no arbitration clause?+
As a rule, no. The clause has to be agreed by the parties, usually when the contract is signed.
What if the respondent has no assets in the country where the award was made?+
The award can be recognised and enforced in any country that is party to the New York Convention and where the debtor has assets.
Can an arbitration clause be changed in a contract that is already in force?+
As a rule, the parties can agree a change to the clause by a supplementary agreement, but this needs to be done before a dispute arises. Once a conflict has begun, it is practically impossible to agree changes to the terms with the counterparty.
What should we do if one of the parties to the dispute is under sanctions?+
Such situations call for a separate assessment of jurisdictional and procedural risks at the stage of deciding whether to bring a claim, because the status of the parties affects both the choice of arbitral institution and the later enforceability of the award.