LEGAL
International Arbitration
Expertise in commercial and investment arbitration, legal strategy and dispute avoidance
Search our peopleInternational arbitration is the default mechanism for resolving global disputes.
Most international commercial contracts today include an arbitration agreement. The flexibility and independence that arbitration brings is especially valuable as our clients navigate continuing market volatility and geopolitical tensions. Arbitration also offers a neutral forum, confidentiality and a final enforceable award.
Ashurst’s global international arbitration team focuses on developing dispute management strategies with regard to our clients' commercial goals. We advise at every stage of the dispute resolution process, from the incorporation of international arbitration agreements into commercial contracts, to the preparation for and conduct of proceedings, through to the enforcement of awards.
Our long standing experience encompasses all major institutional and ad hoc arbitration rules, and covers civil and common law systems.
We also have a wealth of experience in providing strategic and legal advice on public international law issues, including investment treaty arbitration.
For expert analysis, insights and commentary on commercial international arbitration and investment treaty protection, please see our international arbitration resources page.
A single global team
We operate as a single global team and leverage our presence in the world's major arbitral centres. We establish teams on a cross-office basis and often work closely with our clients' local counsel, especially in emerging markets.
Experience in all major arbitration institutions
Our experience encompasses all major international arbitration institutions and rules and the running of arbitrations under both common and civil law systems.
Industry focus
We have a proven track record in a range of industries, drawing upon the broad experience of our global team.
Ashurst Advance technology solutions
eDiscovery solutions and data protection capabilities help with time and cost efficiencies.
How we can help
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Oil & gas
Oil & gas disputes are often cross-border and can raise a variety of issues.
Read moreOil & gas
Oil & gas disputes are often cross-border and can raise a variety of complex issues, often involving multiple laws. Our expertise in oil and gas disputes covers the full spectrum of issues, including non-supply, force majeure, price review, tolling structures, licensing and project operational issues. We have experience of disputes across a wide range of a agreements including joint operating agreements, production sharing agreements, gas sales and purchase agreements and LNG tolling contracts.
Our global experience includes:
- An Asian company in ICC arbitration proceedings seated in Singapore in respect of claims for contractual price revision arising under an English law governed long-term sale and purchase agreement for delivery of LNG to Korea.
- A major Chinese energy and petrochemical company in a shareholder dispute with a European integrated energy company operating internationally relating to an alleged breach of English-law contractual good faith obligations in an LCIA arbitration seated in London, involving claims in excess of US$ 5 billion.
- An international gas company in an SCC arbitration in relation to claims concerning long term contracts for the supply and transit of gas to Europe, including defending a US$ 12 billion claim for revision of the transportation tariff.
- An international gas company in an SCC arbitration with a Stockholm seat concerning the supply of natural gas to Europe with claims of US$ 50 billion arising out of Swedish contract and EU competition law and including a claim for price review.
- Spanish and Egyptian gas companies and a consortium of banks in two Paris-seated ICC arbitrations governed by English law and relating to a gas liquefaction project based in Egypt. The case involved questions of force majeure, hardship and the mandatory application of local laws arising under an LNG tolling contract.
- An international oil and gas company in ICSID arbitration proceedings against the Government of Bangladesh concerning tax-related disputes arising under a production sharing agreement.
- A Norwegian subsidiary of a global energy company in Oslo-seated ad hoc arbitration proceedings arising out of a long-term gas supply agreement and involving issues of hardship, price review and reductions in offtake.
- An English energy company in a US$2 billion Geneva-seated UNCITRAL arbitration arising out of a production sharing contract relating to an oil and gas field in North Africa.
- A West African LNG producer in a US$550 million London seated UNCITRAL arbitration concerning non-delivery of LNG cargoes.
- An LNG joint venture on all aspects of a US$2 billion arbitration seated in Singapore relating to construction delays and defect claims in regard to a gas transmission pipeline. The matter involved a multi-disciplined international team comprising of teams across offices in Brisbane, Sydney, Canberra, Hong Kong, Singapore, London, Glasgow and Milan.
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Power, utilities and renewables
We have extensive experience in power, utilities and renewables disputes
Read morePower, utilities and renewables
We have extensive experience in power, utilities and renewables disputes, including in relation to concentrated and pv solar power plants, nuclear power plants, energy-from-waste plants and biomass power plants.
Our global experience includes:
- A joint venturer, a major state owned enterprise, focusing on engineering in a series of disputes concerning the operation of a power generation plant in South East Asia.
- A Saudi-based energy company in US$250 million Paris-seated ICC arbitration proceedings governed by English law and relating to what was at the time of its construction the world's largest concentrated solar power (CSP) plant.
- A leading French nuclear company in a €1.42 billion Paris-seated ICC arbitration, covering three disputes related to twenty nuclear power plants in France, which included matters of public policy and nuclear security.
- A number of investors in an energy-from-waste project in a London-seated IChemE arbitration governed by English law and arising out of an EPC and O&M Contract relating to a waste wood-fired energy-from-waste plant.
- Three biomass project companies in three consolidated London-seated ICC arbitrations arising under three design-and-build construction contracts for biomass power plants in England, including arguments relating to termination, delay and defects.
- A solar farm proponent in an ICC arbitration regarding multimillion dollar claims and counterclaims in relation to delays to the construction, connection and commissioning of one of the largest solar farms in Australia.
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Mining
Our experience in the mining sector includes advising in relation to commodity supply contracts
Read moreMining
Our experience in the mining sector includes advising in relation to commodity supply contracts, mining concession rights, mine rehabilitation, financing of mining projects and investment treaty claims.
Our global experience includes:
- The Government of Kenya in the successful defence of a bilateral investment treaty claim valued at US$2 billion brought under the auspices of ICSID by investors in the mining sector seeking to exploit reserves of niobium and rare earth (Cortec v. Republic of Kenya, ICSID Case No. ARB 15/29).
- An aluminium mining company in a London-seated LCIA arbitration relating to US$50 billion commodity supply contracts. The case was described by Global Arbitration Review as "one of the largest Russia-related disputes ever heard in London" and by The American Lawyer's 2015 Arbitration Scorecard as one of the 10 biggest international arbitrations surveyed.
- One of the largest Australian pure coal producers in a US$58 million London-seated LMAA arbitration arising out of a long-term coal supply agreement.
- An Australian copper and zinc mining company in a London-seated LCIA arbitration arising out of the rehabilitation of a zinc mine in the context of technological change, including disputes regarding 'End of Life' of mine and care and maintenance provisions.
- The Government of Guinea in various claims relating to revocation of iron ore mining concessions.
- A UK listed international mining company in relation to shareholders disputes concerning the exercise of pre-emption rights for a Zambian copper mine.
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Construction and infrastructure
We have significant experience in construction and infrastructure project disputes.
Read moreConstruction and infrastructure
We have significant experience in construction and infrastructure project disputes. In particular, we have acted in arbitration proceedings in relation to various construction-related claims in the oil & gas, energy and renewables sectors.
Our global experience includes:
- A government in claims resulting from the termination of EPC contracts in connection with a multi-billion dollar project to upgrade a commuter rail system.
- A major Central Asian oil and gas company in connection with a dispute over a project relating to the construction of a jack-up drilling rig including claims for delays and variations and design responsibility.
- A major oil and gas company in a A$1 billion Singapore-seated UNCITRAL arbitration relating to construction-related claims and operational disputes on the downstream elements of a market-leading USD 18.5 billion LNG project in Australia.
- A Spanish subsidiary of a leading UK construction group in a Madrid-seated arbitration involving eleven counterparties under the Spanish Court of Arbitration Rules (Corte Española de Arbitraje), relating to disputes arising from the Haramain High Speed Rail Project that links Makkah-Al-Mukarama and Al-Madinah-Al-Munawarah.
- A Japanese construction company in defending claims in Singapore-seated ICC arbitration proceedings, arising from the construction of a polycrystalline silicon plant, which produced solar-grade polysilicon, in Sarawak, Malaysia.
- A Swiss smart metering business in Swedish law SCC arbitration proceedings seated in Stockholm, relating to electricity smart meters and regulation in Sweden, and involving questions relating to the application of the Convention on the International Sale of Goods.
- A Bahraini energy company in English law governed, London-seated ICC proceedings relating to the construction of an offshore LNG regasification terminal and floating storage unit, including dealing with claims relating to delay, defects, variation orders and complex quantum issues.
- An engineering and construction joint venture in an arbitration under the ACICA Rules relating to defects arising from the engineering and construction of a A$1.6 billion road infrastructure PPP Project.
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M&A, joint venture and shareholder disputes
Our experience in relation to M&A transactions, joint ventures and shareholder disputes
Read moreM&A, joint venture and shareholder disputes
Our experience in relation to M&A transactions, joint ventures and shareholder disputes includes breach of contract claims, warranty and indemnity claims and shareholder disputes regarding pre-emption rights.
Our global experience includes:
- A major energy company in multi-billion dollar claims brought by its European partner concerning the interpretation and effect of the English law shareholders agreement governing their South American based joint venture.
- A major sports company in relation to disputes concerning shareholder agreements and corporate documentation.
- A major oil and gas enterprise in a multi billion dollar dispute against a global energy company in relation to a shareholders agreement governing its joint venture relationship in Latin America.
- An international telecoms company in potential Paris-seated ICC proceedings relating to the discovery of accounting irregularities impacting the veracity of representations and warranties included in a share purchase agreement.
- An international energy company in a Singapore seated SIAC arbitration in relation to warranty and indemnity claims arising out of M&A transactions in New Zealand and Malaysia.
- An infrastructure investment company in three separate arbitration proceedings (worth US$544 million in total) commenced before the Court of Arbitration of the Madrid Chamber of Commerce, in relation to shareholder disputes and breach of contract claims arising from the termination of a sale and purchase agreement.
- A pharmaceutical logistics company in Munich-seated DIS arbitration proceedings in relation to the disputed purchase price following an M&A transaction.
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Manufacturing and consumer products
We have acted in arbitration proceedings in relation to both manufacturing and consumer products
Read moreManufacturing and consumer products
We have acted in arbitration proceedings in relation to both manufacturing and consumer products disputes, including disputes in the energy and telecommunications industries.
Our global experience includes:
- A Swiss multinational gas and electricity appliances manufacturer in a Stockholm-seated arbitration under the Stockholm Chamber of Commerce Arbitration Rules relating to a major Swedish smart meter roll-out project.
- A UAE-based mobile-satellite service provider in a Paris-seated ICC arbitration relating to an insurance claim arising from constructive total loss of a satellite.
- A Saudi Arabian communications satellite operator in a London-seated LCIA arbitration relating to a joint venture dispute concerning satellite television in the Middle East.
- A tobacco company in relation to its manufacturing business in Ukraine and changes to advertising regulations, involving Ukrainian court proceedings and claims under applicable BITs.
- A middle-eastern energy company in London-seated UNCITRAL arbitration proceedings relating to its dispute with the manufacturer of gas turbines used in its plants in Ghana.
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Public international law and investor state arbitration
Our experience in public international law and investor state arbitration includes acting for states
Read morePublic international law and investor state arbitration
Our experience in public international law and investor state arbitration includes acting for and against states in high-profile and complex claims under contracts and various Bilateral and Multilateral Investment Treaties, including the Energy Charter Treaty. In particular, we have acted in disputes in relation to investments in the oil & gas, power and renewables sectors.
Our global experience includes:
- An Eastern European State in a €1.5 billion investment arbitration under UNCITRAL Rules concerning alleged investments in the mining sector.
- A German DAX 30 company Heidelberg Materials and its subsidiaries in France, Italy and Morocco in an ICSID arbitration against the Arab Republic of Egypt.
- The Government of Kenya in the successful defence of claims valued at over US$ 2 billion brought in an ICSID investment treaty dispute relating to the government's alleged wrongful termination of a mining licence (Cortec v. Republic of Kenya, ICSID Case No. ARB 15/29).
- The Government of Georgia in an ICSID arbitration concerning claims under a BIT and the Energy Charter Treaty relating to alleged investments in the construction of oil and gas pipeline infrastructure and related facilities.
- Dutch and Ukrainian renewables companies in complaint proceedings under the Energy Community Treaty, as well as parallel ICC arbitration, bilateral investment treaty proceedings and regulatory proceedings arising out of the issue of one of the first green bonds in the London market.
- The Government of India and Maharashtra State Electricity Board in contract and treaty arbitration proceedings concerning the Dabhol CCGT project.
- A consumer products business in an ICSID claim against Ukraine regarding actions of domestic competition authorities.
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Legal development 
The Red Sea crisis – managing the impact on contractual performance
26 Mar 2024
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UK to exit the Energy Charter Treaty – what does this mean for energy sector investors?
11 Mar 2024
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Novel approach taken by English court to sovereign immunity in enforcement of an ICSID award
14 Feb 2024
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English court refuses to stay court proceedings in favour of arbitration against a non-party to the arbitration clause
29 Jan 2024
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Re-examining the Approach to Factual Witness Evidence in International Arbitration
24 Jan 2024
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'Group of Companies' doctrine and arbitration: the 'modern approach' to consent
15 Dec 2023
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Black swans and transformative thinking: Australian Arbitration Week 2023
02 Nov 2023
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From Bytes to Backfire: The Perils of Digital Communication
22 Sep 2023
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Mozambique v Privinvest: Beware! Bribery claims may be heard in a public court
22 Sep 2023
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English Arbitration Act 1996 Law Commission Final Report: the missing pieces of the puzzle ?
19 Sep 2023
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Our work, awards and rankings
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News Ashurst partners recognised by Who's Who Legal's Arbitration Rankings for 2024
11 Dec 2023
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News Ashurst further strengthens International Arbitration practice with senior partner hire in London
25 Jul 2023
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News Ashurst partner Arne Fuchs recognized among the 2023 JUVE 40 under 40
03 Mar 2023
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