Rahman Ravelli

International Arbitration

Overview

International arbitration can be a swift, flexible option for those looking to resolve a dispute. Careful preparation of all stages of a case is essential to securing the very best conclusion.

Arbitration is a way for international businesses to resolve disputes quickly through the use of an independent panel or tribunal that is chosen by, or on behalf of, the parties involved.

It is a private process, does not involve the parties going to court and is seen by many as a flexible and fair way of concluding a disagreement.

Arbitration can be used in a wide range of situations and business areas. These business areas include:

  • Disputes relating to joint ventures and shareholders.
  • Marine and international trade.
  • Crypto and digital assets.
  • Oil and gas.
  • Energy and natural resources.
  • Construction.

In the realm of high-value international arbitration, clients often encounter a host of intricate challenges that necessitate swift and strategic intervention. Disputes of significant magnitude, spanning diverse jurisdictions and complex legal systems, can give rise to urgent concerns.

These may range from the potential for conflicting legal actions in foreign courts through to the risk of asset dissipation or irreparable harm. At Rahman Ravelli, we understand the gravity of these issues and specialise in delivering effective solutions.

Through the strategic application of court-based interim relief measures to support arbitration, including powerful tools like anti-suit injunctions and freezing orders, we proactively safeguard our clients' interests.

These measures serve to halt proceedings in foreign jurisdictions that may run counter to the arbitration agreement or freeze assets which might be dissipated - providing our clients with the assurance that their rights are being diligently protected.

Seeking Informed Advice

Anyone contemplating international arbitration must seek advice from those with the relevant expertise and experience such as arbitration lawyers. Each step of this course of action needs to be carefully planned and conducted, from case preparation through to representation at the tribunal itself and the enforcement of any award that is made.

At Rahman Ravelli, our commercial litigation and international arbitration solicitors include dual-qualified, multilingual lawyers working on complex, high-stakes and cross-border cases.

They are experienced in conducting international arbitration under various institutional rules, in cases involving clients from a wide range of business and professional sectors. We are the logical choice for any individual or corporate that is considering international arbitration as a means of resolving a dispute.

View Experience

Rahman Ravelli has helped clients navigate the complex legal landscape not only in the UK but also in the EU, US and Internationally. Some of our case work, listed below demonstrates our expertise and experience.

  • REPRESENTED a major Russian state development corporation and investment company, resisting an anti-suit injunction brought by a UK bank following a dispute relating to a $160 million termination agreement before the Russian courts.
  • ADVISED on matters related to anti-suit injunctions and the enforcement of a substantial award, valued at approximately $100 million, against a multinational conglomerate.
  • ACTING for an alternative management firm incorporated in the British Virgin Islands (BVI) as the claimant in LCIA arbitration proceedings. The matters involved allegations of breach of implied and express terms of a contract, arising from the acquisition of preferred shares in the respondent’s Liberian-incorporated parent company.
  • ACTING for the claimant in LCIA proceedings spanning multiple jurisdictions, including North America, the Marshall Islands, BVI and Europe. The dispute is centred around a multi-million-dollar loan agreement related to liquefied petroleum gas and shipping management services.
  • ADVISING an ultra-high-net-worth businessman on a complex $900 million debt dispute, involving a sophisticated network of agreements and arbitration proceedings under the LCIA rules against a Cyprus-registered company.
  • REPRESENTED a Southeast Asian petroleum products company in defending an interim injunction under Section 44 of the Arbitration Act before the English High Court, relating to cargo listed by the U.S. Office of Foreign Assets Control (OFAC) in connection with ongoing arbitral proceedings.
  • ADVISING a leading Russian petrochemicals company on an anti-suit injunction in a dispute where proceedings were brought in Russia under Article 248.1, in breach of an LCIA arbitration clause.
  • REPRESENTING a UK company and its director in High Court proceedings to stay enforcement of £2.3 million arbitration awards allegedly obtained through fraud, involving cross-border issues across the UK, UAE and India.

Frequently Asked Questions

What is international arbitration?

International arbitration is a private, binding dispute resolution process in which parties agree to submit disputes to one or more independent arbitrators rather than national courts. It is widely used in cross-border commercial disputes, investment disputes, and disputes arising from international construction, energy, and financial services contracts. The New York Convention makes it straightforward to recognise and enforce arbitral awards in the 160+ countries that are signatories.

What is the difference between institutional and ad hoc arbitration?

Institutional arbitration is administered by an established arbitral institution — such as the ICC (International Chamber of Commerce), LCIA (London Court of International Arbitration), SIAC (Singapore International Arbitration Centre), or ICSID (for investment treaty disputes) — which provides procedural rules, appoints arbitrators, and supervises the process. Ad hoc arbitration is conducted according to rules agreed by the parties themselves (often the UNCITRAL Rules), without the involvement of an administering institution. Institutional arbitration provides more procedural certainty; ad hoc arbitration offers greater flexibility and potentially lower administrative costs.

What is investor-state arbitration?

Investor-state arbitration is a mechanism by which foreign investors can bring claims directly against host states under investment treaties (Bilateral Investment Treaties or BITs, or multilateral treaties such as the Energy Charter Treaty). Claims may arise from alleged expropriation, failure to provide fair and equitable treatment, discrimination, or denial of justice. These proceedings are typically conducted under the ICSID or UNCITRAL Rules and can result in awards running to hundreds of millions or billions of dollars.

How is London positioned as a seat of international arbitration?

London is one of the world's leading seats of international arbitration. The English Arbitration Act 1996 provides a well-established statutory framework that supports party autonomy, limits court interference in the arbitral process, and provides effective mechanisms for enforcement and challenge. The LCIA is headquartered in London and consistently administers some of the highest-value international arbitrations globally. English courts' supportive approach to arbitration — including granting urgent interim relief in support of arbitral proceedings — reinforces London's position as a leading arbitral venue.

Can fraud be resolved through arbitration?

Yes. Fraud claims — including civil fraud, misrepresentation, and breach of fiduciary duty — are arbitrable under English law, provided the parties have an applicable arbitration agreement and the subject matter of the claim falls within its scope. Arbitral tribunals can grant interim relief including freezing orders in certain jurisdictions, and can order the payment of damages. However, where criminal conduct is involved, or where third parties need to be joined to the proceedings, litigation in the civil courts may offer advantages that arbitration cannot.

On what grounds can an arbitral award be challenged in English courts?

Under the Arbitration Act 1996, an arbitral award can be challenged in the English courts on limited grounds. Section 67 allows a challenge on grounds that the tribunal lacked substantive jurisdiction. Section 68 allows a challenge for serious irregularity — a category that covers specific listed matters including breach of natural justice, failure to deal with all the issues, and fraud or dishonesty in obtaining the award. Section 69 allows a limited appeal on a point of English law, subject to the parties not having excluded this right. The grounds for challenge are deliberately narrow to preserve the finality of arbitration.

How is an international arbitral award enforced in England?

A foreign arbitral award (one made in a country that is party to the New York Convention) can be enforced in England as if it were a judgment of the English High Court, under section 101 of the Arbitration Act 1996. The enforcing party must produce the award and the arbitration agreement. The English court will enforce the award unless the respondent can establish one of the limited grounds for refusal set out in the New York Convention, such as a breach of natural justice or that enforcement would be contrary to public policy.

Why is specialist legal expertise essential in international arbitration?

International arbitration demands a very specific combination of skills: deep knowledge of the applicable arbitral rules and the law of the seat; experience of managing large and complex evidentiary records; an understanding of the relevant substantive law governing the dispute; and the ability to present effectively to an international arbitral tribunal. The stakes — often involving hundreds of millions of pounds in value — and the finality of the arbitral process make it essential to engage solicitors and counsel with genuine expertise and a track record in the relevant arbitral forum.

Specialist Team