What is arbitration-related litigation?

London is a leading seat for international arbitrations, chosen by parties around the world.

That reputation is based on the effectiveness of the Arbitration Act 1996, the quality and independence of the English judiciary, the breadth and depth of market-leading expertise of arbitration practitioners in the UK and the UK’s ratification of the New York Convention.

Where London is the seat of an arbitration, the English courts have supervisory jurisdiction over that arbitration, operating under the framework established by the Arbitration Act 1996. The English courts have a reputation for exercising that jurisdiction prudently and for adopting a “pro-arbitration” attitude. Their judgments are influential internationally.

The court’s involvement in this supervisory capacity can be triggered before arbitration is commenced, during the arbitration proceedings, and after the arbitration award has been issued (for example, in respect of challenges or appeals to the award or its enforcement).

Such proceedings can be fundamentally important to an arbitration, in certain cases determining whether the arbitration can proceed at all or whether an award has any effect.

Our expertise

As the UK’s largest disputes-only law firm, Stewarts has heavyweight litigation experience before the English courts. That includes our specialist international arbitration team, which regularly advises international clients on arbitration-related litigation before the English courts.

Our recent experience covers various aspects of arbitration-related litigation, including:

• anti-suit injunctive relief
• challenges to arbitral awards
• matters of enforcement, including on Achmea and Komstroy grounds
• questions of jurisdiction, including issues of submission, delay in pursuing equitable relief and the effective triggering of unilateral/optional arbitration agreements.

We have strong relationships across the English bar and regularly work with leading barristers advising and representing clients on arbitration-related matters before the English courts.

Our team has advised and represented states (including sovereign wealth funds), state-owned entities, multinational and other corporate clients, investors and high net worth individuals. We are also a ‘go-to’ destination for foreign lawyers seeking specialist English law advice.

Our firm’s representative experience

Examples of our team’s recent experience include:

• Advising one of West Africa’s largest independent oil and gas companies in respect of anti-suit interim and final injunctive and other relief pursued by multiple claimants in connection with two London-seated ICC arbitrations worth around US$1bn in total.
• Pursuing a challenge under section 67 of the Arbitration Act 1996 on behalf of an oil and gas company against a partial ICC arbitral award on matters of jurisdiction, invoking issues of English and Nigerian law.
• Pursuing a challenge under section 67 of the Arbitration Act 1996 on behalf of a large Nigerian independent energy company in respect of a highly contested partial award consolidating arbitral proceedings.
• Successfully advising an Asian state to resist a challenge brought against an UNCITRAL award on jurisdiction handed down in a bilateral investment treaty arbitration.
• Advising a European state in seeking to resist enforcement of an arbitration award obtained under an intra-European bilateral investment treaty.
• Advising a Nigerian independent upstream oil and gas company in respect of anti-suit relief proceedings pursued against it by an Italian oil and gas supermajor partner.

Our clients value our recognised expertise. You can read more about such feedback here.

Contact us

Our team also specialises in international commercial arbitration and investment treaty arbitration. Contact one of the team to learn more about what we do and how we can help you.