Companies are increasingly choosing the arbitration route to settle complex national and international commercial disputes. They prefer the dispute to be assessed by arbitrators who know their sector, in the knowledge that the outcome will be enforced globally under the Treaty of New York.
Disputes generally arise over financing, acquisitions, trade contracts or construction projects. In contrast to proceedings before an ordinary court, arbitration proceedings take place behind closed doors and appeal is usually not possible. Perhaps this is why arbitration is becoming more appealing for the settlement of purely national disputes.
Arbitration demands specific knowledge and experience, and proceedings are primarily governed by the arbitration law in force at the place of arbitration and by any applicable arbitration regulations. They are conducted mostly in English and subject to Anglo-Saxon influences (for example, the hearing of witnesses and the submission of documents).
A large variety of institutes can administer arbitration (such as the NAI, ICC, LCIA, ICDR, DIAC and SCC) and each one has its own regulations. For arbitration to be successful, it is essential to have specific knowledge of the sector as well as any other laws that apply to the commercial agreement in dispute.
Parties that we have represented include:
- a Scandinavian maritime transport company in a construction arbitration concerning the subsidence of a site for the storage and cleaning of chemical containers in Moerdijk
- the majority shareholder of one of the world's largest trading houses during an ICC arbitration and binding advisory process concerning the value of shares after exercising a put option
- an American industrial subcontractor in an NAI arbitration, several nullification proceedings at the Court of Appeal and the District Court in Amsterdam, plus international redress of the arbitration decision against a Slovenian producer
- Nicolai Maximov in several proceedings at the District Court and the Court of Appeal in Amsterdam concerning the enforcement under the Treaty of New York of a nullified ICAC arbitration decision in Russia worth RUB 9 billion against the international steel producer NLMK - Recommended by Financial Times Most Innovative Law Firms in Private Wealth 2013
- a Dutch and Lebanese company in an ICC arbitration in Amsterdam in a dispute with a Dutch-listed fund concerning the property of an IE portfolio in the Middle East and North Africa