International Arbitration

LALIVE is renowned for its experience in international dispute resolution, both commercial and public.

 

The firm’s clients comprise Governments, State corporations, international organizations, multinational corporations, small and medium size companies, and individuals.

 

The firm's dispute resolution specialists advise and represent clients world-wide as experts and counsel, and regularly act as arbitrators, in complex international arbitration proceedings involving cross-border transactions and long term international agreements, including joint ventures and shareholders agreements, sales and distribution agreements, construction and infrastructure projects, resource concessions and investment agreements, procurement contracts. Relevant industries include energy, oil & gas, telecommunications, transportation, banking and finance, tourism and the chemical and pharmaceutical industry.

 

LALIVE has been involved in arbitrations under most rules of international arbitration, including the Rules of the International Chamber of Commerce (ICC), United Nations Commission on International Trade Law (UNCITRAL), Swiss Chambers (Swiss Rules of International Arbitration), London Court of International Arbitration (LCIA), International Centre for Dispute Resolution of the American Arbitration Association International (ICDR/AAA), International Air Transport Association (IATA), European Development Fund (EDF), World Intellectual Property Organization (WIPO) and the Court of Arbitration for Sports (CAS).

 

The firm has a long-standing experience in public international law disputes and disputes involving State parties, acting as counsel and arbitrators in proceedings under Arbitration Rules of the International Centre for Settlement of Investment Disputes (ICSID) and before the International Court of Justice (ICJ), the World Trade Organization (WTO), the United Nations Compensation Commission (UNCC) and the Iran-United States Claims Tribunal.

 

Many of the firm’s lawyers are non-Swiss nationals or have been legally trained outside Switzerland. This is an essential asset regarding disputes for which legal advice is subject to foreign law. The firm regularly advises on such disputes, often in close cooperation with local attorneys. Foreign law advice is available within the firm for selected American, Canadian, English, Finnish, French, German and Italian law matters.

 

LALIVE also has extensive know-how in mediation, conciliation and other alternative dispute resolution methods.

 

The firm provides advice and represents clients in other fields related to the prevention and resolution of international disputes, in particular domestic litigation before the Swiss courts (challenge, recognition and enforcement of arbitral awards in Switzerland, applications to the local courts in support of arbitration), international corporate finance and commercial contracts, international judicial assistance (such as the taking of evidence or conservatory measures) and white collar crime.

 

Selected assignments:

 

LALIVE’s recent engagements as counsel:

 

  • Representing the Government of a Middle Eastern country in an international claims process against a profit loss claim of more than US$ 100 billion, the largest in the history of international adjudication
  • Representing a Central European Government in a € 150 million dispute with a Dutch petroleum company arbitrated under the ICSID arbitration rules
  • Representing Italian investors in annulment proceedings under the ICSID arbitration rules of an award rendered in a € 32 million construction dispute
  • Representing a European state corporation in a US$ 1.5 billion gas pricing dispute with a Middle Eastern company before an ICC Tribunal
  • Representing a European energy supply company in a CHF 300 million shareholder dispute with another European power company and a European bank before an ICC Tribunal
  • Representing a leading European telecommunication company in a US$ 230 million shareholder dispute with an Asian company before an ICC Tribunal and coordinating enforcement proceedings in Europe and Asia
  • Representing a major international petroleum company in a US$ 200 million ICC arbitration involving the construction of a gas processing plant in a Middle Eastern country
  • Representing an Italian retailer in a € 60 million post-acquisition dispute against a European air transport company before an ICC Tribunal

 

Lawyers of the firm recently acting as Presiding Arbitrators or Chairpersons: 

 

  • ICSID arbitration concerning the alleged expropriation of investments in South America (Professor Lalive acting as Chairman)
  • ICC arbitration over a US$ 3 billion share purchase dispute between a Northern European telecommunication company and a Turkish company
  • Ad hoc arbitration over a US$ 390 million dispute between a North American company and a Middle Eastern company arising out of a contract for the exploration, development and production of petroleum 
  • ICC arbitration over a € 65 million dispute for breach of contract between a European steel manufacturer and its European production equipment supplier
  • ICC arbitration over a US$ 140 million dispute between a Middle Eastern printing company and a European publishing company


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