Dispute Resolution & Compliance

International arbitration

Solving your cross-border disputes, no matter how complex

Our clients in diverse industries have come to rely on the commercial understanding and international breadth of our experienced international arbitration lawyers to resolve their most significant cross-border disputes. Our global international arbitration team is active in both commercial and investment treaty arbitrations, managing complex and novel disputes worldwide.

Why use KWM for your arbitration

With a team of more than 60 partners and 200 associates and counsel globally, we can mobilize teams quickly to assist anywhere in the world. We are the first international law firm able to practice Chinese, US, Hong Kong, English, Australian, and a significant range of European laws.

Our arbitration practitioners are based in key arbitral centers across the United States, Asia Pacific, Europe, and the Middle East, and regularly represent clients before the world’s leading arbitral institutions as well as other international and regional arbitration centers.

The KWM team offers in-depth familiarity with the rules and proceedings of all of the principal forums:we act both as counsel and arbitrators under a wide range of arbitral rules including the American Arbitration Association (AAA), Australian Centre for International Commercial Arbitration (ACICA), China International Economic and Trade Arbitration Commission (CIETAC), Dubai International Arbitration Centre (DIAC), DIFC-LCIA Arbitration Centre, Hong Kong International Arbitration Centre (HKIAC), International Chamber of Commerce International Court of Arbitration (ICC), International Centre for Dispute Resolution (ICDR), JAMS, London Court of International Arbitration (LCIA), Shanghai International Economic and Trade Arbitration Commission (SHIAC), Shenzhen Court of International Arbitration (SCIA), Singapore International Arbitration Centre (SIAC), United Nations Commission on International Trade Law (UNCITRAL), and numerous regional institutional rules.

The go-to law firm on China-related disputes

Where international arbitration involves Chinese elements, we supply clients with cross-office arbitration teams from our global network, to cover not just legal but also language and cultural aspects of the matter. Our US team works closely with our China team to prepare and try your case, with unique insight into Chinese law, culture and language. No other international arbitration team can boast the same scope and depth of resources and ability that KWM can offer.

Extensive experience in investment treaty arbitration, particularly in relation to bilateral and multilateral investment treaties

We have substantial experience representing clients in investment treaty disputes before the International Centre for the Settlement of Investment Disputes (ICSID), Permanent Court of Arbitration (PCA), and Stockholm Chamber of Commerce (SCC) and under the UNCITRAL Arbitration Rules.

Our arbitration lawyers who are consistently recognized by clients and industry participants as being at the top of the field, with legal directories such as Chambers, Legal 500, and the Global Arbitration Review ranking us amongst the top international arbitration practices. We are also at the forefront of institutional and thought leadership, maintaining advisory positions at some of the leading arbitration institutions and actively speaking and writing on important topics that impact our clients.

Our legal advice goes beyond expertise in the rules and proceedings of the principal forums. The right business outcome is always our priority. Because we understand the different cultural and business drivers that shape your strategy and that of the counter-parties, we can represent you more effectively.

Clients from across a wide range of industries have relied on our international arbitration expertise, including in banking and finance, commodities, construction and infrastructure, energy, healthcare and pharmaceuticals, technology, intellectual property, oil and gas, private equity, shipping, telecommunications, and other industries. Our advice has included:

  • Legal and business-oriented strategies to resolve complex disputes
  • Drafting arbitration agreements
  • Appearing as lead counsel in international arbitration proceedings
  • Representing clients in US and other domestic court proceedings in aid of arbitration proceedings
  • Representing clients in US discovery proceedings pursuant to 28 USC § 1782
  • Planning and implementing strategies designed to facilitate settlement
  • Providing representation and assistance in negotiations
  • Acting as arbitrator in international commercial arbitrations
  • Acting as mediator in international commercial arbitrations
  • Obtaining investment protection against unfair and inequitable treatment, confiscation or destruction of assets, and discriminatory treatment
  • Representing clients in investment treaty arbitrations (such as before International Centre for Settlement of Investment Disputes (ICSID) and UNCITRAL tribunals)
  • Representing clients before domestic courts and administrative bodies in respect of investment treaty dispute resolution provisions applicable to China and other countries
  • Representing clients in recognition, execution, and enforcement of international and foreign arbitration awards.
  • Assisting clients to liaise with third party litigation funders to fund the legal fees and costs of the international arbitration

Our global arbitration team has particular experience in licensing, joint venture, shareholder, and post-M&A disputes and represents clients from a wide range of industry sectors including banking and finance, commodities, construction and infrastructure, energy, healthcare and pharmaceuticals, technology, intellectual property, oil and gas, private equity, shipping, telecommunications, and other industries.

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