We have a wide experience in arbitrations under institutional rules, including LCIA, SCC, ICC and UNCITRAL rules, as well as ad hoc proceedings under the Arbitration Act 1996. Bristows’ arbitration practice is unique because as well as acting in a wide range of commercial arbitrations, we focus on disputes involving technical subject matter. The arbitration practice leverages Bristows’ first class IP practice with our commercial disputes acumen.
We advise clients how to set up their contracts to incorporate arbitration processes that will meet their objectives, such as confidentiality, neutrality, ease of enforcement or the requirement for an expert panel. We help our clients to manage or to renegotiate procedures involving multiple parties and we regularly use the Commercial Court procedures in support of arbitration, including obtaining injunctions, applications for stays and to address jurisdiction issues as well as failures in the formation of a tribunal.
Our range of work includes subjects as varied as financial instruments, outsourcing projects, engineering contracts, biotech products and hedge funds.
Our recent experience includes acting for:
- A Chinese SOE in the petro chemical industry to defend a $150 million claim at the SCC for alleged breach of confidential information and breach of contract.
- A pharma company defending a plus £100 million claim at the ICC for patent royalty dispute.
- A systems integrator, defending and pursuing claims up and down the contractual chain in a public sector project.
- A pharma company defending interim injunction claim in the UK courts in relation to a contract with ad hoc arbitration clause in relation to trade mark licensing and confidential information.
- A multinational consumer goods company in relation to a breach of confidential information claim and patent ownership dispute at the LCIA.
- A global travel accessories company in an LCIA arbitration – the case related to an alleged breach of an exclusive distribution agreement and involved claims of around US$15 million.
- A California bio-tech company in an arbitration over issues arising out of a patent licence agreement, including rights to assign and the effect of infringers on royalty obligations.
- Various public sector bodies to advise them on their arbitration and dispute escalation procedures, including an accelerated arbitration process.
- A UK subsidiary of a world leading glass inspection machinery manufacturer in an ICC arbitration
- A South African mining consultancy company in a Swiss Rule arbitration concerning the provision of services to a gold mine in Kazakhstan.
- An AIM listed mining and minerals company in connection with two arbitrations, one proceeding under LCIA rules and one under the ICC rules.
- An AIM listed technology company in an UNCITRAL arbitration relating to a licence agreement, including a claim for damages of over €190 million
- A trading and brokerage company in an ICC arbitration regarding a claim arising from the failure to deliver up and sell on to a New York bank a US$50 million Eurobond Medium Term Note issued by a Dutch Bank and listed on the Luxembourg Stock Exchange.
- A major software vendor in an ICC arbitration pursuing a debt claim and defending claims relating to the quality of its deliverables.