We are proud of our history in the area of international arbitration. Our arbitration lawyers have been called on to deal with a wide variety of matters, including disputes covering issues as diverse as:
- Intellectual property and licensing issues in Malaysia
- Termination of power projects in South Asia
- Deliveries of crude oil from Russia
- Oil industry mergers
- Road construction projects in Africa
- Undersea cable disputes spanning the globe
- Expropriation of property in Asia and Latin America
- Construction of the EC parliament building
- Construction of dams in South Asia and Africa
- Oil fields in areas such as West Africa and Azerbijan
- Telecommunication services in Latin America, Asia, Africa and Europe
How arbitration has evolved internationally
Changes are taking place in the way arbitrations are conducted. International arbitration is evolving away from its European civil law origins and is becoming more of a mix of styles and techniques drawn from both common law and civil law traditions . . . we are experienced in both.
With our dispute resolution lawyers serving as arbitrators on international panels and as advocates representing clients around the globe, we continue to be a leader and innovator in the field of arbitration. This is confirmed by our strong record of recognition from Chambers, Legal 500, PLC, the IBA, The National Law Journal and The American Lawyer.
Arbitration of international disputes
Historically, arbitration was principally used in maritime and construction disputes—now it is the dispute resolution method of choice for most international transaction and project disputes. Parties are choosing international arbitration to avoid court litigation in unfamiliar, less developed, or unpredictable judicial systems. The New York Convention 1958 also gives parties the added certainty of being able to enforce an arbitral award rendered in a Convention State in the other 130+ Convention States—no similar global enforcement treaty exists for court judgments.
Our extensive experience in international arbitration
The firm represents clients in arbitrations all over the world and under the rules of many international arbitral institutions, including the London Court of International Arbitration (LCIA), International Chamber of Commerce (ICC), American Arbitration Association (AAA), International Centre for Settlement of Investment Disputes at the World Bank (ICSID), Inter-American Commercial Arbitration Commission (IACAC), The Cairo Regional Centre for International Commercial Arbitration (CRCICA) and under the ad hoc rules of the United Nations Commission on International Trade Law (UNCITRAL) and the Center for Public Resources (CPR).
With a long-standing and significant presence in Houston, as well as other major energy centers of the world, Fulbright has extensive experience arbitrating energy-related disputes anywhere they occur. Our lawyers are also highly experienced in the arbitration of Federation Internationel des Ingenieurs-Conseils (FIDIC) contracts used in international construction projects.
Our arbitration lawyers are also well-versed in business and commercial disputes of all types, with a strong presence in the world's economic and financial capitals of New York, London, Dubai, Riyadh and Hong Kong.
Crucial building blocks of international arbitration
Our Arbitration Group has identified five key building blocks to an arbitration:
- Drafting of a proper arbitration agreement.
- Full knowledge of the arbitration rules promulgated by various international institutions.
- Comprehensive understanding of the regional and global treaties that various countries have entered into relating to arbitration, the most important being the New York Convention, the Panama Convention and the ICSID Convention.
- Familiarity with the national procedural laws (lex arbitri) applicable to a given dispute.
- Ability to enforce an arbitration agreement and arbitral award through knowledge of the national courts.
We are able to resolve international disputes effectively through arbitration by being familiar with the treaties and statutory framework in which international arbitrations are conducted and by having an extensive knowledge of the relevant aspects of the local legal systems and arbitration laws in order to employ them for the benefit of clients.
In short, our arbitration team is comfortable with the resolution of all types of cases, regardless of the seat of arbitration and the applicable substantive and procedural law or arbitral regime. Our arbitration lawyers are able to help draft arbitration agreements and advise clients on the pros and cons of different arbitral regimes.