International arbitration
We offer a market leading international arbitration practice comprised of lawyers who have appeared as counsel in scores of cases around the world and across the Asia-Pacific. Members of the team also regularly sit as arbitrators.
International arbitration
Our lawyers are among the most experienced arbitration lawyers operating in the Asia-Pacific, with two of our partners having previously led the London and Singapore arbitration teams of a leading global arbitration practice. We have appeared as counsel in commercial, construction, investment treaty and sports arbitrations under the rules of all the major arbitral institutions and in ad hoc cases.
The matters in which we are instructed are usually complex, are often high-value with some valued in the billions of dollars, are sometimes consequential for the future of a business (so-called ‘bet-the-company cases’), and occasionally raise first-of-their-kind issues requiring innovative solutions. Some have generated important precedents that have helped shape the practice of arbitration. All are treated as equally important.
Industry publications have taken note of the quality of the team’s leadership and bench strength.
‘The intellect of the team is unrivalled. They are trusted by clients with some of the largest disputes arbitrated in Asia.’ (Legal 500, 2022)
‘An excellent team, with Mark Mangan at the helm in Singapore. They have appeared before me several times and are consistently superb. I would rank them as among the best in Singapore and the region.’ (Legal 500, 2023)
‘They are extremely brilliant lawyers who have a thorough understanding of how arbitrations work, and the sort of things that tribunals value.’ (Chambers, 2023)
‘The team is very clever and looks to find the best answer for their clients.’ (Chambers, 2024)
Our arbitration team conducts its own advocacy, while also working with specialist law firms to assist with the laws, languages and issues that will often arise in cross-border disputes. Our lawyers have appeared as counsel in the major seats of arbitration, including Paris, London, The Hague, Stockholm, Singapore, Hong Kong, Dubai, Tokyo and Washington DC.
The team has also made important academic contributions. This includes Mark Mangan co-authoring a leading treatise on Singapore arbitration, A Guide to the SIAC Arbitration Rules (Oxford University Press, 1st and 2nd ed.), which has been cited by the Singapore courts on at least six occasions. He is also the editor and co-author of an authoritative book on investment treaty arbitration: The Guide to Investment Treaty Protection and Enforcement (Global Arbitration Review, 1st and 2nd ed.). Timothy Lindsay is currently a member of the ICC New Zealand Arbitration Committee and was previously a member of the ICC Court of Arbitration. He was a member of the ISDA Arbitration Committee, which released its ISDA Arbitration Guide in 2013, a member of the AMINZ Arbitration Rules drafting committee, was a leader on the ICC Arbitration Commission’s Task Force on Financial Institutions and Arbitration, and a member of the ICC Commission’s Task Forces on Arbitrations involving States and State Entities, Witness Evidence in Arbitration and Decisions on Costs in International Arbitration.
Representative arbitration matters
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Representative arbitration matters as counsel (including matters handled by our lawyers at LF&M or prior to joining the firm):
Precedent-setting multi-billion-dollar LNG price review arbitrations in the Asian LNG industry
Acting as counsel for a party in two multi-billion-dollar ICC arbitrations in Singapore arising out of price reviews in long-term LNG contracts, which were first-of-their kind cases, raising complex legal and technical issues, requiring an innovative strategy, and which resulted in important precedents being set for the Asian LNG industry.
Multi-billion-dollar arbitration involving a state-owned oil company and Production Sharing Agreements
Acting as counsel in a multi-billion-dollar commercial arbitration seated in Lagos, Nigeria where our partner, Mark Mangan, as part of a team successfully argued for an order requiring a state-owned oil company to perform a 30-year Production Sharing Agreement which it had refused to sign based on English-law equitable principles.
Multi-billion dollar investment treaty claims arising from Production Sharing Agreements
Timothy Lindsay was part of the Dechert team representing the Republic of Ecuador in the multi-billion-dollar Perenco v Ecuador investment treaty arbitration at ICSID, concerning alleged breaches of the France-Ecuador BIT arising out of a long-term Production Sharing Agreement for the exploration and production of oil in Ecuador. As well as FET and expropriation claims, the dispute raised complex oil contract economics, production forecasting and damages issues. Tim Lindsay also acted for Ecuador in the parallel Burlington v Ecuador investment treaty arbitration arising from the same investment.
Oil field pollution and breach of operator equipment and infrastructure obligations
Timothy Lindsay was part of the Dechert team representing Ecuador in counterclaims against Perenco and Burlington for remediation of oil field pollution and breach of production facility infrastructure maintenance obligations. Both issues raised complex technical issues relating to oil field operations. In both cases Tim Lindsay was responsible for the cross-examinations, among others, of the oil companies’ geostatistics experts on the extent of oil field pollution and industry experts on compliance with infrastructure maintenance obligations.
Metals and mining - global arbitration battle
Whilst at Dechert partner Timothy Lindsay was lead counsel acting with partner Mark Mangan for one of the world’s largest metals and mining companies in a series of over twenty arbitrations, litigations and injunction proceedings brought by a major international bank in London, Switzerland, The Hague and Singapore in relation to the financing of its operations. Those proceedings included 16 LCIA arbitrations seeking recovery under US$1 billion of internationally syndicated facility agreements and a complex LCIA arbitration claim of over US$100m arising out of an ISDA Master Agreement currency swap that gave rise to mis-selling and other issues arising from the purported termination of the swap.
Pacific Island State Owned Entity
Representing a state owned entity of a Pacific Island nation in an international arbitration concerning interconnection rights to a sub-sea internet cable infrastructure (AMINZ Rules).
Solar power plant arbitration
Representing a leading Japanese engineering company in an ICC arbitration seated in Tokyo arising out of the design, construction and performance of a solar power plant in Japan.
Setting aside an arbitral award relating to expropriation claims between a solar energy company and a State
Part of a team representing a US-based solar energy company against a Bangladeshi statutory board in seeking to set aside an UNCITRAL Rules arbitral award in a dispute arising from the expropriation of the former’s factory assets.
Credit Suisse AT1 bondholder investment arbitration
Part of a team advising and representing more than 60 international Credit Suisse AT1 bondholders in the Asia-Pacific region over the Swiss regulators’ decision to write down those investments, including addressing the jurisdictional issues raised in the attempted consolidation of claims before an ICSID arbitral tribunal.
Abyei Arbitration
Representing the Sudan People’s Liberation Movement/Army (SPLM/A) in its widely publicised arbitration at the Permanent Court of Arbitration against the Government of Sudan, concerning the disputed oil-rich Abyei region in Sudan (recognised by industry peers as the 2009 arbitration award of the year) (PCA Rules).
Microsoft v Samsung
Representing Microsoft in a multi-billion US$ ICC arbitration against Samsung, concerning patent licenses and business collaboration disputes (ICC Rules).
Infrastructure – port concession
Representing an Emirati Government in a multi-hundred million US$ infrastructure dispute under the ICC Rules relating to the development and operation of a significant national port (ICC Rules).
ICSID investment treaty arbitration over construction of major highway in Middle Eastern country
Acting as counsel in an ICSID investment treaty arbitration in relation to the construction of a major highway in a Middle Eastern country.
LCIA Emergency Arbitration
Successfully obtaining emergency injunctive relief in one of the first “Emergency Arbitrations” under the ICC’s 2012 Emergency Arbitrator Rules (ICC Rules).
Private equity - post buyout dispute
Representing a European engineering and construction company against a Hong Kong-based private equity firm in a S$20 million SIAC arbitration arising from the alleged inaccurate recording of EBITDA figures and non-disclosure of debts following the latter’s acquisition of the former’s subsidiary company.
Post-M&A “locked box” account dispute
Representing a private equity owned independent oil and gas exploration company in an ICC arbitration concerning a post-acquisition “locked box” account dispute relating to the acquisition of natural gas assets in Turkey (ICC Rules).
Coal cargo shipment disputes
Representing a Dubai-based commodity trader against a Chinese state-owned energy company in a US$10 million SIAC arbitration arising from the latter’s underpayment and non-acceptance of monthly coal cargo shipments.
LPG shipment disputes
Representing a Singapore LPG trading company against a Hong Kong energy company in a HKIAC arbitration and parallel Singapore High Court proceedings over a US$16 million oil and gas contractual dispute arising from non-payments for monthly shipments of LPG cargo.
Satellites arbitration
Represented a major international aircraft and satellite manufacturer as part of a team in two arbitrations arising out of a series of defective satellites.
International construction dispute
Acting for an East African government in a FIDIC dispute board proceeding and subsequent UNCITRAL arbitration in a US$30 million dispute regarding the construction of an electricity transmission line (FIDIC, UNCITRAL Rules).
Hedge Fund distressed investment
Representing a New York-based hedge fund in LCIA arbitration proceedings concerning a complex shareholder and company constitutional dispute arising out of a multi-hundred million dollar distressed asset investment (LCIA Rules).
Complex joint venture, financing and distressed sale of multi-billion dollar hotel development project
Representing Russian interests in parallel US$2 billion dollar LCIA arbitration claims in London and related litigation proceedings in Cyrpus, concerning a substantial and highly complex joint venture dispute arising out of the financing and distressed sale of a high profile Moscow real estate development (LCIA Rules).
Emerging markets telco
Representing one of the world’s largest telecommunications companies in separate related LCIA arbitrations seated in London worth several hundred million US$, concerning a complex post-acquisition dispute over emerging market telecommunications assets (LCIA Rules).
Multi-Billion Euro telco battle
Representing one of Europe’s largest telecommunications companies in a multi-billion Euro ICC arbitration seated in Switzerland, relating to Eastern European telecommunications assets (ICC Rules).
Telco post-acquisition warranty claims
US$1 billion ICC arbitration concerning a warranty claim arising under a US$5.5 billion deal for the acquisition of a telecommunications group (ICC Rules).
Telco shareholder arbitration
Representing the successful party in a US$500 million LCIA arbitration claim between shareholders in a leading telecommunications company in an emerging market, and subsequent steps to enforce the award including successfully seeking freezing orders in the London Commercial Court (LCIA Rules).
ICSID Greek bondholder arbitration
Acting for bondholders in a multi-billion Euro ICSID arbitration brought against Greece in relation to the state’s actions during the Greek financial crisis and debt exchange (ICSID).
ISDA currency swap termination and mis-selling dispute
Representing a party to an LCIA arbitration claim in excess of US$100m arising out of an ISDA Master Agreement currency swap and alleged early termination of that transaction (LCIA Rules).
Shareholder put & call rights
Representing Russian shareholders in a Stockholm Chamber of Commerce (SCC) arbitration concerning the attempted exercise of a put option for shares in a substantial Moscow property development company, with counterclaims in excess of US$400m for breach of shareholder and project management obligations (SCC Rules).
Global forex company shareholder dispute
Representing a global forex and derivatives trading house in parallel multi-billion US$ LCIA arbitrations in London, and multiple related court litigation proceedings, concerning a shareholder dispute arising out of a global trading joint venture (LCIA Rules).
Investment arbitration – banking & financial services
Representing an Eastern European State in a multi-hundred million US$ investment treaty arbitration concerning that country’s banking sector brought under the auspices of ICSID.
International energy dispute
Acting for an East African government in an expert determination and subsequent UNCITRAL arbitration in a high value dispute relating to the extraction of methane gas from a lake (UNCITRAL Rules).
Counsel for the IOC and national Olympic committees
Mark has acted as counsel on behalf of the International Olympic Committee (IOC) and national Olympic committees in over 10 cases before CAS in relation to disputes arising out of the Athens Olympic Games (2004), Torino Winter Olympic Games (2006), Rio Olympic Games (2016), and Beijing Winter Games (2022). Mark was a former member of the CAS panel of arbitrators.
Counsel for Maldivian football official against the Asian Football Confederation
Mark recently acted as counsel for a Maldivian football official against the Asian Football Confederation in two appeals before CAS in which Mark’s team successfully proved complex claims of gender discrimination, denial of justice and corruption in Asian football governance.
Film production rights dispute
Acted for claimant syndicate of investors in a several hundred million US$ ICC arbitration arising out of an international film production dispute (ICC Rules).
Hospital project shareholder’s arbitration
Acting as counsel in a SIAC arbitration arising from a shareholders’ dispute among owners of a leading hospital in Hyderabad, India and subject to Indian law.
Agriculture quotas arbitration
Acting as counsel in an ad hoc investment treaty arbitration (Stockholm seat) in relation to the implementation of EU agriculture quotas by an Eastern European country.
Challenge to an arbitral tribunal’s jurisdiction under the Japan-Mongolia BIT
Part of a team representing a Japanese healthcare company against a Mongolian state-owned enterprise in a challenge to a SIAC arbitral tribunal’s jurisdiction over a dispute arising from the latter’s wrongful seizure of a MNT 70 billion joint-venture project under the Japan-Mongolia Bilateral Investment Treaty (2001).
Stay of litigation proceedings
Acting in a US$180 million fraud claim in the London Commercial Court, including an application for a stay under the Arbitration Act 1996 on the basis of an arbitration clause.
Stay of litigation proceedings
Successfully obtaining a stay of proceedings commenced in New Zealand in breach of an arbitration clause. The judgment is the leading case on the test to be applied in these circumstances (Ursem v Chung [2014] NZAR 1123).
Enforcement of arbitration award
Acting for a British Virgin Islands company in court proceedings to oppose the recognition and enforcement of a US$750 million ICC arbitration award.
Advising clients on the protection of their green investments through existing bilateral investment treaties (“BITs”)
Advising clients on the protection of their various credit offsetting investments (e.g., investments generating carbon offset credits, World Bank Group Carbon Markets) under various bilateral investment treaty frameworks between states.
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Our lawyers are available for arbitrator appointments. Members of the team have been appointed as sole arbitrator, co-arbitrator, presiding arbitrator and emergency arbitrator in both civil and common law cases under the rules of various arbitral institutions, including ICC (in Europe and Singapore), SIAC (Singapore), HKIAC (Hong Kong), KCAB (Seoul), LCIA (London), and SCC (Sweden), and ad hoc proceedings (Singapore).
Industry experience
See our specific industry experience on the Industries page of our website.