Legal Services – Arbitration

International commercial arbitration is one of the most active parts of the Firm and we have several experts in this field.

Arbitration is the user friendly alternative to litigation. It is confidential and more informal, with parties sitting across the table and enjoying a large element of discretion in agreeing procedures.

However, we recognise that Arbitration in the City of London has become more costly and more confrontational than the system was originally introduced to be. This is not always in the best interests of clients, especially in complex cases. Our strategy is to arrive as quickly as possible at the heart of the matter. There is no need to talk for two days about something that can be concluded in two hours.

Our approach to international arbitration is a willingness to think ‘outside the box’. New circumstances, especially with clients from different countries, may require a readiness to test new points and new angles. This is especially true in the present climate of costs and in dealing with difficult cases.

The firm takes care to offer competitive pricing in line with international expectations. Fair and realistic pricing and staffing are not only fair to the client but prudent for the London market in the face of competition from arbitration centres such as Singapore.

The firm has handled arbitrations brought under:

• GAFTA (Grain and Feed Trade Association)
• London Court of International Arbitration (LCIA)
• ICC (International Court of Arbitration, Paris)
• DIAC ( Dubai International Arbitration Centre)
• Stockholm
• Korea

The firm also has a wealth of experience of working on arbitration under the ICC and the UNCITRAL Rules and cases presented before the United Nation Compensation Commission (UNCC).

Our team members regularly sit as sole arbitrators or on tribunals, as well as being members of the ICC, LCIA, and the London Maritime Arbitration Association (LMAA). We are familiar with the law in a wide range of jurisdictions and are well versed in the international rules of Arbitration. Recently, the Firm represented a number of Chinese State Government Corporations including China National Petroleum Corporation (CNPC); China Petroleum Technology and Development Corporation (CPTDC); together with China Petroleum Engineering Construction Corporation (CPECC). Following successful outcomes of these cases, Zaiwalla & Co have opened a representative office in Beijing.

In the last decade, the World has witnessed a proliferation of bilateral investment treaties (BITs). One common feature of these treaties is the provision of arbitration as a means of dispute settlement between the private investor and the state party and Zaiwalla & Co represents both state and private investors.

Issues of Arbitration can turn into litigation. We oversee and handle actions to set-aside arbitral awards, stays of arbitral proceedings, injunctions in parallel with Arbitrations or measures to enforce arbitral orders or awards, as well as challenges of arbitrators.

We have acted for a significant number of state owned companies and governments in Arbitrations including relevant issues that arise such as public law, immunity from jurisdiction etc. We have a great deal of experience in issues arising out of the Arbitral procedure including the apparent, possibly unconscious, bias of the Arbitrator and jurisdiction. We have handled many cases in relation to the enforcement of arbitral awards in the UK and other jurisdictions.