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Practice Area · Ex. 02

Disputes that cross borders need counsel who think that way from the outset.

Investment treaty and commercial arbitration under LCIA, ICC and UNCITRAL rules, for clients whose counterparties — or the state itself — sit outside the jurisdiction of the English courts.

Band 1 Chambers UKGAR 30 ranked, 3 yearsLed by Eleanor Whitfield
Our View

The procedural choices matter as much as the merits.

Clients often treat the arbitration clause as boilerplate, agreed once at contract signing and never revisited. By the time a dispute arises, the seat, the rules and the tribunal composition are already fixed — and they shape the outcome as much as the underlying facts.

We get involved earlier than most firms will. Ideally before the contract is signed; failing that, at the first sign a relationship is deteriorating, while procedural choices can still be influenced.

— Eleanor Whitfield, Managing Partner

Overview

How we work on these matters.

01

Tribunal Strategy

Arbitrator selection shapes outcomes more than most clients expect. We treat it as a strategic decision, not an administrative one.

02

Treaty & Commercial

We act in both investment treaty arbitration against sovereign states and institutional commercial arbitration between private parties.

03

Enforcement Focus

An award is only valuable if it can be enforced. We plan for enforcement from the outset, not after the award is made.

Frequently Encountered Issues

Questions we're asked before instruction.

Is arbitration always faster than litigation?

It can be dramatically faster, or slower, depending entirely on the procedural choices made early. We advise on which outcome you're heading toward.

Can you act against a sovereign state?

Yes — this is a substantial part of our treaty arbitration practice, typically under bilateral or multilateral investment treaty protections.

How do you approach enforcement in jurisdictions with weak rule of law?

We map enforcement strategy — including asset location — before the arbitration begins, not after the award is made.

Do you sit as arbitrators as well as act as counsel?

Selected partners do, which gives the practice a working understanding of how tribunals actually deliberate.

Latest Insights

Recent thinking on international arbitration.

Insight

What Clients Misunderstand About Arbitration

Publication

Enforcing Awards Against Sovereign States

Boardroom

The Cost of Delay in Commercial Disputes

EW
Speak With A Partner

Eleanor Whitfield

Managing Partner, International Arbitration
Contact Eleanor