International Arbitration

Our dedicated team of international arbitration practitioners is fully equipped to help you navigate the complexities of international arbitration and to guide you through the entire process in a pragmatic and commercially driven manner. We have specialist experience acting in international commercial arbitrations as well as treaty-based investment arbitrations and investor-state dispute settlements.

Recognising that disputes can be costly and divert valuable resources and time from your business, we are experienced in proactively managing and progressing arbitrations in a dynamic and cost-efficient way. This includes advising on expedited proceedings or applications for early dismissal and using technology efficiently for documentary review and disclosure.

Our lawyers are admitted to practice in a number of jurisdictions across Africa and Europe, including South Africa, Kenya, Lesotho and England and Wales. We have represented clients in international disputes subject to a wide variety of governing laws and arbitral seats, and have acted for and against multinational corporates, states and state-owned entities in ad hoc and institutional arbitrations, including under the rules of:

The Arbitration Foundation of Southern Africa (AFSA International)
The London Court of International Arbitration (LCIA)
The International Court of Arbitration of the International Chamber of Commerce (ICC)
The Stockholm Chamber of Commerce (SCC)
The Dubai International Arbitration Centre (DIAC)
The United Nations Commission on International Trade Law rules (UNCITRAL)

International Arbitration Services

Navigating the complexities of international arbitration requires expert guidance and knowledge of jurisdiction-specific requirements and procedures at all stages of the process.

Commercial international arbitration services

Our lawyers offer specialist services and advice in relation to international commercial arbitration. These services include:

Negotiating and drafting arbitration clauses and agreements, including advising on the most appropriate applicable law, arbitral institutional rules and legal seat.
Advising on all procedural and strategic matters throughout an arbitration including the choice of arbitrator, challenges to arbitrators, jurisdictional issues, applications for interim relief and negotiating the procedural timetable.
Providing risk-based, commercially focused advice in relation to the merits of the case, disclosure, cost, settlement options and enforcement. This includes innovative and tailored case management strategies to protect our clients' commercial interests.
Advising on all legal aspects of the arbitration, including the preparation of pleadings, submissions and evidence, and arbitration hearings.
Advising in relation to the legal and strategic aspects of post-arbitration matters and enforcement, including appeals and challenges to arbitral awards before the relevant courts. Our team also advises on mechanisms to enforce, or resist enforcement of, arbitral awards in South Africa and internationally.

Investment treaty / Investor-state services

Our lawyers also have experience advising both states and investors on complex, sensitive and high-value international investment arbitrations arisingunder bilateral and multilateral investment treaties or investment protections in free trade agreements. Our team is particularly well placed to advise investors and states in relation to region specific risks and mitigations that may arise in the SADC region. These services include:

Advising states or state-owned entities on the negotiation and drafting of their investment commitments and potential infringements caused by proposed or effected legislative or regulatory changes.
Providing commercially focused risk advisory services to investors considering or negotiating investments in relation to available investment protections and risk mitigation strategies.
Advising investors and states in pending or active investment treaty arbitrations, including advice on merits, jurisdiction, political or transactional risks and enforcement.

International Arbitration Brochures

International Arbitration - A comparison of the rules of selected arbitration institutions in Africa and Europe

Services

The Arbitration Foundation of Southern Africa (AFSA International)
The London Court of International Arbitration (LCIA)
The International Court of Arbitration of the International Chamber of Commerce (ICC)
The Stockholm Chamber of Commerce (SCC)
The Dubai International Arbitration Centre (DIAC)
The United Nations Commission on International Trade Law rules (UNCITRAL)

International Arbitration Services

Navigating the complexities of international arbitration requires expert guidance and knowledge of jurisdiction-specific requirements and procedures at all stages of the process.

Commercial international arbitration services

Our lawyers offer specialist services and advice in relation to international commercial arbitration. These services include:

Negotiating and drafting arbitration clauses and agreements, including advising on the most appropriate applicable law, arbitral institutional rules and legal seat.
Advising on all procedural and strategic matters throughout an arbitration including the choice of arbitrator, challenges to arbitrators, jurisdictional issues, applications for interim relief and negotiating the procedural timetable.
Providing risk-based, commercially focused advice in relation to the merits of the case, disclosure, cost, settlement options and enforcement. This includes innovative and tailored case management strategies to protect our clients' commercial interests.
Advising on all legal aspects of the arbitration, including the preparation of pleadings, submissions and evidence, and arbitration hearings.
Advising in relation to the legal and strategic aspects of post-arbitration matters and enforcement, including appeals and challenges to arbitral awards before the relevant courts. Our team also advises on mechanisms to enforce, or resist enforcement of, arbitral awards in South Africa and internationally.

Investment treaty / Investor-state services

Advising states or state-owned entities on the negotiation and drafting of their investment commitments and potential infringements caused by proposed or effected legislative or regulatory changes.
Providing commercially focused risk advisory services to investors considering or negotiating investments in relation to available investment protections and risk mitigation strategies.
Advising investors and states in pending or active investment treaty arbitrations, including advice on merits, jurisdiction, political or transactional risks and enforcement.

Brochures

International Arbitration Brochures

International Arbitration - A comparison of the rules of selected arbitration institutions in Africa and Europe

International Arbitration Lawyers

We guide our clients through the complexities of international arbitration.

Our International Arbitration Lawyers

SECTOR HEAD

Tim Fletcher

Chairperson, Director +27 (0)11 562 1061 tim.fletcher@cdhlegal.com

Our Work

All

We have advised clients in international arbitrations subject to a variety of laws including South Africa, England, Wales, Mauritius, Nigeria, Namibia, China, Ghana, Zambia, Dubai and Qatar.

Our work capitalises on our strong international and regional networks and experience, including our firm's position as a founding member of AFSA, where we continue to have board representation.

Our lawyers frequently deliver training and speak at regional and international conferences on international arbitration, cross-border trade and investment, and alternative dispute resolution.

Advising a South African company in an English law, London seated, LCIA arbitration valued in excess of USD 45 million against a corporate multi-national in relation to coal exports.

Representing a client in an LCIA arbitration subject to South African and Namibian governing laws in relation to the defective operation of purchase and payment systems.

Advising a South African claimant in the telecommunications sector in an UNCITRAL arbitration against an Indian party valued in excess of ZAR 450 million in relation to a breach of warranties claim.

Representing Angolan and UK group companies in a South African law, Cape Town seated, arbitration arising from the cancellation of a shareholders' agreement between various international parties involving complex cross-border legal principles.

Advising a global energy company in a dispute concerning pre-emption rights to acquire an interest in exploration rights under a joint operating agreement providing for arbitration seated in South Africa under the LCIA rules.

Representing the respondent in an arbitration claiming commission on the sale of military equipment to a Middle Eastern government subject to the AFSA rules.

Representing the claimant in an English law ICC arbitration seated in London between German and South African manufacturing entities in a multi-million euro contractual dispute.

Representing a client in an LCIA-MIAC Mauritius seated arbitration between English, South African and Mauritian parties arising from a shareholder dispute in relation to the provision of educational services in Kenya.

Defending an international engineering entity in proceedings against an Australian mining company in relation to a project in Malawi.

Representing a West African entity providing maritime support to the oil and gas industry in 32 associated LMAA and ad hoc arbitrations, followed by subsequent challenges and appeals before the English court under sections 67, 68 and 69 of the Arbitration Act.

Representing a claimant investing in power projects in West Africa in LCIA proceedings worth more than USD 45 million brought against a local partner relating to the financing and operation of a power distribution company, and advising on international enforcement mechanisms.

Defending a Qatari state-owned insurance company in an LCIA fraud arbitration in connection with supplies of LNG into Ghana.

Advising a multi-national investor in relation to potential bilateral investment treaty claims arising from a series of measures, including proposed amendments to legislation concerning the extraction of minerals.

Advising a global telecommunications investor on potential adverse consequences arising from proposed changes to a SADC state's communications and technology regulatory framework, including steps to preserve a right of recourse to bring investment claims.

Advising an investor in relation to the impact of proposed corporate restructuring on the availability of investment protection under a variety of bilateral investment and investor protection treaties.

Advising a SADC state in relation to the development and implementation of its bilateral investment treaty framework and accession to international investment protection commitments.

Advising an East African state in relation to risks and liabilities arising from its regulatory conduct in the mining and mineral sector in response to allegations that it had breached bilateral investment treaty commitments.

Advising the UK Government on the negotiation of and risks arising from investor-state arbitration commitments in bilateral investment treaties.

Representing a South Asian state in English court proceedings relating to contested issues of bilateral investment treaty interpretation and the jurisdiction of the

As part of an international team of arbitration and investment law experts, our Director assisted with the development of the African Arbitration Academy's bespoke African Model Bilateral Investment Treaty. We provided input on international investment concepts from a uniquely African perspective, including requiring performance and enforcement of the model in accordance with the principle of ubuntu and applying a fair administrative standard of treatment as an alternative to the fair and equitable standard.