Dispute Resolution & Litigation

International Arbitration

King & Wood Mallesons (KWM) has been a leader in international arbitration

We understand Chinese clients and their demands, as well as Chinese culture. We know every detail of international commercial arbitration rules, and have extensive experience in dealing with international arbitration and multi-jurisdiction proceedings.

With an abundance of available international arbitration resources on hand, we provide services through a global team of international arbitration lawyers based in our China, Hong Kong SAR, Australia, Europe, US and Middle East offices.  

Our team has a wealth of experience in handling complex high-value international arbitrations. We represent clients in ad hoc arbitration and institutional arbitration cases administered by major international arbitration institutions, including:

  • The International Chamber of Commerce (ICC)
  • The Hong Kong International Arbitration Centre (HKIAC)
  • The Singapore International Arbitration Center (SIAC)
  • The Arbitration Institute of the Stockholm Chamber of Commerce (SCC)
  • The London Court of International Arbitration (LCIA)
  • The China International Economic and Trade Arbitration Commission (CIETAC)
  • The American Arbitration Association/ International Centre for Dispute Resolution (AAA/ ICDR)
  • The United Nations Commission on International Trade Law (UNCITRAL)
  • The Netherlands Arbitration Institute (NAI)
  • The Australian Centre for International Commercial Arbitration (ACICA)
  • The Swiss Chambers’ Arbitration Institution (SCAI)
  • The Permanent Court of Arbitration (PCA)

We have represented both domestic and foreign clients as claimants or respondents in various international arbitration cases. Our clients include government authorities, state-owned enterprises, private companies and multinationals in such industries as energy, construction, shipping, banking and finance, private equity, healthcare, carbon-credits trading, international sales of goods, high-tech and intellectual property.

Our international arbitration services

  • Drafting arbitration agreements;
  • Advising on early risk prevention and dispute resolution strategies;
  • Organizing facts, developing overall strategy and planning for arbitration proceedings;
  • Representing clients in international arbitration proceedings as lead counsel or attorney;
  • Drafting, reviewing and revising essential legal documents;
  • Assisting in the designation of arbitrators;
  • Assisting in the formulation and implementation of strategies and plans in disclosing documentary evidence (document discovery);
  • Assisting in the preparation of witness statements and getting witnesses ready for appearance at court;
  • Assisting in the selection and engagement of legal experts, technical experts and quantum experts, communicating and cooperating with them to provide support and assistance in drafting expert opinions;
  • Assisting in the formulation of arbitration settlement/mediation strategies, and assisting in settlement negotiations;
  • Acting as arbitrator or legal expert in international commercial arbitrations;

KWM has substantial experience in recognising and enforcing arbitral awards in Chinese courts. We have represented clients in a number of first-of-its-kind cases in China in which we help clients apply for the recognition and enforcement/non-recognition and non-enforcement of international arbitral awards.

KWM also has broad experience in resolving cross-border disputes arising out of investment agreements. We have represented clients in several international investment disputes, helping Chinese investors fully leverage investment protection agreements signed by the Chinese government and safeguarding the legitimate rights and interests of investors investing overseas through investment arbitration.

Our investment arbitration services

  • Advising investors on the political environment, laws and policies, and business climate of the host country;
  • Advising investors on investment channels and transaction structure to secure the highest level of investment treaty protection;
  • Advising clients on disputes arising in the process of entering into a franchise agreement with the host country, including but not limited to representing the clients in obtaining investment protection to avoid unfair and unjust treatment, forfeiture or destruction of assets, and discriminatory treatment;
  • Providing enterprises with a full assessment and analysis of relevant investment protection agreements with respect to potential disputes in investment arbitration to avoid the loss of right to international investment arbitration due to the initiation of domestic judicial proceedings by the host country;
  • Representing investors in investment arbitrations before ICSID and UNCITRAL, among others. 

Protecting Investments Using Bilateral Investment Treaties:  

Whether you’re investing in Asia, Africa or elsewhere, you should structure your investment vehicle to take advantage of the protections provided by investment treaties. 

Whether you’re investing in Asia, Africa or elsewhere, you should structure your investment vehicle to take advantage of the protections provided by investment treaties. 

Meet our Team

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