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International Arbitration

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International businesses are increasingly turning to arbitration as a confidential, flexible and effective means of resolving their complex cross-border disputes. In sectors such as energy, banking and finance, engineering, life sciences and insurance, it is of paramount importance that your dispute is handled (and resolved) by those with expertise in the sector. International arbitration allows for just that.

Consistently ranked in the global directories of the world’s leading international arbitration practices, our team has a significant track record in international arbitration, from advising on the drafting of arbitration agreements through the conduct of the arbitral process to enforcing arbitration awards, including acting in related Court proceedings. We regularly act in arbitrations conducted under all the major rules (LCIA, ICC, HKIAC, SIAC, CIETAC, LMAA, UNCITRAL, AAA) and frequently act as advocates. Members of our team also sit as arbitrators. We work on a cross border basis and the international reach of our international arbitration practice means that we can field specialists in jurisdictions across the globe, working in a number of different languages. The CMS Guide to International Arbitration provides an overview or arbitration law and practice in 48 jurisdictions.

Our international arbitration team also has significant experience and expertise in investor state dispute settlement processes, focussing on the conduct of arbitration cases before specialist tribunals and advising on investment protection strategies.

"A combination of legal talent, hard work, pragmatism and commercial nous make this a highly effective and efficient team for commercial arbitration."

Legal 500, 2024

"CMS has great strength in depth among its partners and associates."

Chambers, 2024

"The team are strong, hard-working and analytical."

Chambers, 2024

"They are client-oriented and understand the commercial constraints that come with certain cases."

Chambers, 2024

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Patent Litigation & Arbitration
There is a growing uptake in the use of arbitration in the context of patent disputes, in particular those relating to Standard Essential Patents (SEP
24/10/2023
International arbitration trends - What the data says
As a leader in dispute resolution, CMS has conducted a data-driven project to assess whether the number of arbitrations is decreasing and if there are trends that can be identified in this type of dispute resolution. We are publishing our findings in a series of six data-driven articles.
Law-Now: International Arbitration
Visit Law-Now for legal know-how and commentary
Expert Guide to International Arbitration

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01/03/2024
Pre-conditions to arbitration and the FIDIC 2nd Edition
Amendments to the FIDIC 2nd Edition contracts published in November 2022 have narrowed the definition of “Dispute” to more closely align it with the pre-conditions to DAAB and arbitration proceedings...
08/01/2024
Justice in the Digital Age: Exploring AI’s Role in International Arbitration
IntroductionThe use of artificial intelligence (“AI”) in international arbitration has been a topic of debate and discussion long before the launch of chatbot ChatGPT in late November 2022.  Indisputably...
04/12/2023
International arbitration law and rules in Scotland
Arbitration in Scotland can be traced back to the 12th century - however, despite an extensive history, Scotland did not have a clear and codified arbitration regime until the introduction of the Arbitration...
27/10/2023
In overturning USD 11 billion award for fraud, High Court invites discussion...
On 23 October, in The Federal Republic of Nigeria v Process & Industrial Developments Ltd. [2023] EWHC 2638 (Comm), Mr Justice Robin Knowles found that an arbitration award for USD 11 billion had been...
07/09/2023
Law Commission issues final report on Reforms to Arbitration Act 1996
On 6 September, the Law Commission of England and Wales released its final report on the Arbitration Act 1996 (the “Act”). The report is the culmination of over two years of review, including two...
17/07/2023
Resource Nationalism in Battery Metals: Risks and Mitigation
With continued warfare in Ukraine, conflict in Sudan and tensions between the U.S. and China, the state of international relations appears increasingly volatile. This fractious landscape sits abreast...
05/05/2023
Serious irregularity: English High Court reaffirms high bar for challenging...
The English High Court has considered the scope of challenges to awards for serious irregularity on the ground that the arbitral tribunal failed in its duty to act fairly. The Court held that there was...
29/03/2023
Law Commission Releases Second Consultation Paper in Relation to the Arbitration...
The Law Commission of England and Wales has released its second consultation paper regarding potential revisions to the Arbitration Act 1996. In contrast to the First Consultation Paper issued in September...
09/03/2023
Security for costs in enforcement proceedings in Germany – The German Federal...
Pursuant to Sec. 110 of the German Civil Procedure Code (ZPO), claimants who do not have their habitual place of residence in a member state of the EU/the EEA can be ordered to provide security for the...
20/02/2023
Sunrise period of the Unified Patent Court to begin 1 March
After the final version of the UPC Rules of Procedure had been adopted and the judges of the UPC had been selected and appointed, the start of the Sunrise Period, originally planned for 1 January 2023...
16/02/2023
Will Coordinated European Withdrawal be the Death Knell of the Energy Charter...
On 22 November 2022, the Energy Charter Conference (the “Con­fer­ence”), the governing and decision-making body under the Energy Charter Treaty (the “ECT”), was scheduled to vote on the text of...
03/01/2023
How Separate is Separate? Court of Appeal clarifies the scope of the Separability...
Summary The Court of Appeal has clarified the application and scope of the fundamental principle that an arbitration agreement is treated as a separate agreement to the agreement in which it is incorporated...