Commercial & Investment Arbitration

Cooke, Young & Keidan has substantial experience of successfully dealing with complex, sensitive and high-value international and domestic arbitrations as well as both mounting and defending challenges to awards. We also advise on investment treaty claims.

We regularly act on behalf of UK and international companies, partnerships, hedge funds and high-net-worth individuals in arbitrations conducted under all the major institutional rules, including those of the LCIA, ICC, LMAA, GAFTA and UNCITRAL, as well as in ad-hoc arbitrations  As such we know the arbitral processes, the institutions and the nuances of conducting arbitrations very well indeed.

Our technical expertise and experience in conducting international and domestic arbitrations is matched by our excellent client care and these factors, combined with our largely conflict-free practice and competitive charging structures, make us a very attractive alternative to the large City of London and international law firms for clients seeking to resolve their disputes effectively through arbitration. It also makes us a very cost effective law firm for both challenging and defending challenges to arbitral awards (particularly those brought under ss67, 68 and 69 of the Arbitration Act 1996) and enforcing awards both in the UK and abroad.

Cases in which our lawyers have been involved include:

    • Acting for the successful defendant in Symbion Power LLC v Venco Imtiaz Construction Company [2017] EWHC 348 (TCC) to resist a challenge to a substantial ICC award under s68 of the Arbitration Act 1996. Not only did we successfully obtain judgment and costs for our client, we then persuaded the judge not to anonymise the parties’ names in her judgment, with wide-ranging implications for our client’s global enforcement strategy. The judge’s comments, in her judgment, about the actions of one of the party-appointed arbitrators have attracted significant interest and commentary from the arbitration community.
    • Acting for the successful respondent in defending emergency arbitration proceedings under the ICC rules in which the Claimant sought interim injunctive and summary judgment type in a multi-million pound oil and gas dispute. This was the first set of proceedings of its kind after the ICC emergency arbitrator rules were introduced in January 2012.
    • Representing a Russian private equity house in a LCIA arbitration concerning a major contractual dispute over a significant investment in Russian oil assets;
    • Challenging and appealing against an arbitral award under ss68 and 69 of the Arbitration Act 1996 in a significant India-related commodities dispute.
    • Acting for the claimant State-controlled entity in ongoing LCIA proceedings concerning African mining concessions.
    • Acting for an Indian entity in anti-suit injunction proceedings obtained to restrain an application in the Indian Courts to set aside an ICC award issued in London.
    • Representing a well-known American aircraft manufacturer in multi-million dollar dispute referred to LCIA arbitration.
    •  Successfully defending US$60m ICC arbitration proceedings brought against an American distribution company.

Our lawyers also have experience in all types of ADR, including mediation, expert determination and early neural evaluation. We work with our clients to choose the most appropriate forms of ADR to resolve their disputes taking into consideration costs but also tactical and timing issues.

 

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