Over the past 50 years, international arbitration has become a growing method of resolving disputes arising from international commercial agreements, foreign investments and other international relationships. Lane Powell attorneys have the leadership, knowledge and international coverage needed to represent clients around the world in international arbitrations ranging from commercial, product liability and investment disputes to claims involving personal injuries and failed transactions. With different languages, cultures, and legal and judicial systems, international arbitration can create some real challenges in representation in and resolution of disputes of varying complexity and scope. Such disputes pose unique challenges, and Lane Powell can help. We will advise you on every step of the dispute resolution process — from drafting of mediation and arbitration clauses to handling the arbitration, through to the enforcement of arbitral awards. Lane Powell knows the right experts to retain in your given dispute, and we can advise on the selection of arbitrators to handle the dispute. We can counsel clients and try arbitrations in a variety of languages, in a range of industries and under all major arbitral institutions.
Lane Powell attorneys can represent your interests in all major arbitral institutions including:
- International Chamber of Commerce (ICC)
- International Centre for Settlement of Investment Disputes (ICSID)
- American Arbitration Association/International Centre for Dispute Resolution (AAA/ICDR)
- Stockholm Chamber of Commerce (SCC)
- UNCITRAL Arbitration Rules
We can provide representation before the ICSID and other investor-state arbitrations. In addition, we can represent your interests before regional and national arbitral institutions, including those located in Cairo, Zurich, Singapore, Hong Kong, Tokyo and throughout Latin America. Our experience in a variety of industries enhances our arbitration services. Lane Powell’s industry experience includes: Aviation, Retail, Communications, Hospitality, Information Technology, Manufacturing, Pharmaceuticals and Real Estate.
Ad Hoc Arbitration
Ad hoc proceedings can be more flexible, cheaper and faster than an administered proceeding, provided that the parties approach the arbitration in a spirit of cooperation. Should both parties agree to settle their dispute without referring to the rules of any arbitral institution, Lane Powell attorneys can help establish the rules and procedures needed for conducting an effective ad hoc arbitration.
People and businesses are becoming more connected globally, and arbitration clauses are becoming the standard for most international businesses, travelers and investors. Arbitration clauses are applicable in a broad variety of circumstances, governing from multinational transactional business conflicts to disputes involving international investment treaties. We can help our clients thrive in a global economy because of our ability to cut through complexity and mitigate risk.
Investment arbitration is predicted to be a major factor in the development of the global economic system in years to come. It can provide foreign investors with potential relief when they experience difficulties doing business in a host country. Lane Powell can serve as presiding or party-appointed arbitrators in any type of investment dispute, whether arising out of treaty, contract or national legislation.
International Arbitration Rules
Lane Powell’s well-established team possesses detailed knowledge of arbitration institutions, applicable rules, regulations and practices. Our attorneys can help our parties pre-establish arbitration rules to govern the arbitration process and resolve international disputes under the laws of dozens of different countries and are skilled at evaluating the interaction of applicable laws, sovereign immunity, international treaties and their influence on the outcome of matters and the enforcement of awards.
International Arbitration Agreements
International arbitration agreements help show that both parties have consented to resolve their disputes by arbitration. We can help parties entering into contracts with international arbitration clauses create the laws governing an arbitration agreement, as well as the laws governing the arbitration procedure and the proper law of the contract.
Lane Powell’s work in international arbitration draws upon our attorneys’ experience in handling a wide variety of alternative dispute resolutions. Our attorneys have valuable insight into the keys to a successful arbitration from handling a variety of disputes before arbitration courts and committees and regularly serving as arbitrators and counsel.
In addition to representing our clients in arbitration proceedings, we can serve as arbitrators in cases under the direction of most major arbitration regimes. We know that an arbitrator’s background significantly affects the arbitral proceeding and the remedies that may be granted. Our attorneys have the legal knowledge and experience needed to responsibly handle the complex questions arising from international commerce disputes.
Lane Powell has broad experience in international arbitrations. Some of our more recent engagements include:
- UNCITRAL Hong Kong Arbitration. Successfully defended Chinese manufacturer before a UNCITRAL Hong Kong arbitration involving a dispute over an exclusive supply and worldwide distribution contract.
- International Wage Dispute. Facilitated and administered settlement of wage dispute involving over 1,000 Chinese workers and a mainland China manufacturer.
- Representation in aircraft industry litigation before the International Chamber of Commerce in London, England.
- World Intellectual Property Organization Arbitration. Successfully represented client in dispute over contractual obligations in a trademark co-existence agreement regarding registration of trademark in the People’s Republic of China.
- International commercial arbitration in Vancouver, British Columbia, regarding a franchise dispute. Represented a British Columbia entity, versus an American company and the choice of law was Hawaii law.
- Contributing author: Restatement Third, The U.S. Law of International Commercial Arbitration. The project began in 2009 and is ongoing. This project will restate the American law of international commercial arbitration.