our global arbitration group

& First for Disputes Our global arbitration group

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Our dispute management practiceBusiness does not always run smoothly and whilst we work with our clients to avoid disputes wherever possible, sometimes they do arise. When you find yourself in a dispute, we will help you to manage it to your best business advantage.

You will benefit from the experience of more than 1,000 lawyers in 17 countries, all of whom believe in working in close partnership with their clients.

Bird & Bird LLP (international arbitration group) has a ‘deep bench of sector-focused practitioners’

Legal 500 2013

Mediation/ alternative

dispute resolution

Bird & Bird Disputes

Management Practice

International arbitration

Regulatory litigation

Commercial litigation

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Our global arbitration groupOur understanding of key industry sectors, coupled with our cross-border integrated multi-disciplinary arbitration team, means that Bird & Bird is a natural choice for clients looking for a truly international firm which understands their sector.

International reach

• Polish State in a $1 billion investment treaty arbitration brought under the Poland-Cyprus BIT. The arbitration is being conducted under the SCC rules.

• Listed Engineering Company in Singapore in connection with their disputes and arbitration with their joint venture partner in connection with the setting up a build, operate and own power plant in India.

• A Japanese Engineering Company on a Netherlands Arbitration Institute (NAI) arbitration regarding a dispute with a company supplying turbines for windmills.

• Brazilian Energy Company on potential arbitration proceedings relating to the misuse of jointly owned confidential proprietary information.

• German Steel Merchant Company in arbitration proceedings (HKIAC) against a large multi national enterprise.

• Group of investors in LCIA arbitration proceedings worth approximately $160 million, relating to investments made by the Claimants in development contracts in Qatar, and involving serious allegations of fraud, deceit and the operation of a Ponzi scheme in Qatar.

• Middle Eastern Respondent Buyer on a claim brought by the East European seller in an arbitration under London Metal Exchange rules concerning commodity shipments valued at $9 million.

• Major Chilean Power Company in relation to certain English law aspects arising from a dispute with three insurance companies. The dispute has been submitted to ad hoc arbitration with seat in Chile. The amount in dispute is in the region of USD $100 million.

• Major UK Water Supplier in a number of arbitral proceedings for this long-established client.• Pulp Mill in advising the power plant in Western Uruguay in arbitration proceedings.

Bird & Bird’s International Arbitration Group is a cross-border, integrated, multi-disciplinary team with an in-depth knowledge of arbitration and a comprehensive understanding of the firm’s key industry sectors. We have offices and active arbitration practices in the leading arbitration jurisdictions, including London, Paris, China and Hong Kong, Singapore, Spain and Sweden.

This dispute resolution group has developed a formidable reputation... interviewees praise the team as being “very thorough and knowledgeable” and highly “user friendly”.

Chambers and Partners 2013

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“With over 100 practitioners in its dispute resolution group, the firm is able to handle an impressive range of matters and to ‘get on top of a case quickly and effectively’’’.

Chambers and Partners 2011

“A first-class practice - no one can dispute that.”

Chambers & Partners 2014

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• Hong Kong and Mainland Chinese Mobile Imaging Technology Company in relation to CIETAC arbitration on issues arising out of a technology licence.

• A Hong Kong Telecommunication Services Company in relation to HKIAC arbitration against an Asian satellite services company.

• Asia Tour in advising the sanctioning body for professional men’s golf in Asia in relation to Singapore International Arbitration Centre (SIAC) arbitration proceedings concerning production/distribution rights to programming for the Indian Open 2009. Damages unquantified.

• Global Leader in Consulting, Technology and Outsourcing in an arbitration (SGOA rules) in relation to a claim relating to the alleged breach of a software development agreement.

• Aviation Company in arbitral proceedings, in respect of an agreement with an UNCITRAL arbitration clause sited in Hong Kong.

• Bankrupt Major Polish Construction Company in an arbitration before the Court of Arbitration at the Polish Chamber of Commerce in Warsaw (SAKIG) in relation to a construction contract and bank guarantee to the value of €28 million.

• Major technology multinational in a $6 billion ICC arbitration in relation to a global licensing dispute.

• Nokia in winning a very high value and much publicised SCC Blackberry patent arbitration against Research in Motion.

• European company in a $100 million UNCITRAL arbitration arising out of a series of oil-field exploration agreements.

• Global Defence and Technology Company against its reinsurer in a $500 million ad hoc insurance arbitration under New York law in relation to loss suffered as a consequence of Hurricane Katrina.

• Luxembourg Entity of a Group Providing In-Store Audio and Visual Solutions in Europe, Asia and Australia in $5 million claim arising out of a Transitional Services Agreement; the arbitration is conducted under the ICDR/AAA (New York seat, New York law applicable to the substance of the dispute).

• Belgian Biopharmaceutical Company acted in a LCIA arbitration against a wholly owned subsidiary of one of the world’s largest pharmaceutical companies. The dispute concerned intellectual property ownership of pioneering cloning technology.

• Middle East Airline in a LCIA Arbitration in London with a three person Tribunal, in respect of a dispute over charges arising from a distribution agreement for services provided in the Middle East.

Broad arbitral fora and institutional rules experience We have advised clients in international commercial arbitration in relation to, and have been involved in arbitral proceedings seated in, various fora, including London, New York, Switzerland, Paris, Singapore, Shanghai, The Hague, Madrid, Milan, Santiago, Stockholm, and Warsaw, with disputes including those governed by the laws of New York, England, France, Spain, Germany, Italy, Sweden, Finland, the Netherlands, Poland, and Singapore.

We have extensive experience of representing clients in arbitrations, including under the rules of the world’s leading arbitral institutions (ICC, LCIA, AAA/ICDR, CIETAC, ICSID, WIPO) and also ad hoc arbitrations (UNCITRAL).

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• European aircraft manufacturer in a $700 million ICC arbitration against a French airline, in relation to a major civilian aviation crash.

• International beer producer and distributor in a $75 million HKIAC arbitration in Hong Kong concerning a failed joint venture in Chengde, China.

• Worldwide operating ICT provider in a $700 million ICC arbitration in respect of outsourced telephony systems.

• Consortium of national telecoms operators in an ICC arbitration seated in London worth $100 million in relation to failed repeaters in an international sub-sea cable system.

• 5 SPV companies in $160 million LCIA arbitration proceedings relating to investments in Qatar involving serious allegations of fraud, deceit and allegations relating to the operation of a ponzi scheme.

• Leading US molecular diagnostics company in a $300 million LCIA arbitration in relation to a dispute over a licence agreement.

• Global pharmaceutical company in winning a $160 million arbitration and successfully defeating the opponent’s anti-suit injunctions.

Sector focus We don’t pretend to be experts in all areas, but where we do excel, we are among the top tier. Our sector focus combined with our international reach comprising 26 offices and hundreds of lawyers involved in arbitration work across Europe, the Middle East and Asia means that we have the depth of experience, and the fact so many of our lawyers around the world have worked in-house or have relevant degrees that complement their legal qualifications, also means that our clients will find they are working with a legal team that already understands the challenges they face.

We have extensive arbitration experience in sectors including:

• Energy• Construction and engineering• Banking and Finance• Aviation and Aerospace

• Commodities• Communications• Information Technology• Insurance

• Life Sciences• Maritime • Media• Sport

• Major Chilean Power Company in relation to a $100 million ad hoc arbitration in relation to certain English law aspects arising from a dispute with three insurance companies.

• European/ American energy company in a LCIA arbitration relating to equipment rental and services provided for gas drilling projects in Senegal.

• World Anti-Doping Agency in its successful defence before the CAS in Lausanne, Switzerland of its decision to declare the bye-law of the British Olympic Association that rendered any athlete that was banned for doping for more than six months ineligible for life non-compliant with the World Anti-Doping Code.

• Major European construction group in $10 million arbitration proceedings before the Dutch Arbitration Board for Construction against the world’s leading provider of engines and a leading supplier of turbo engines.

• Malaysian Shipping Company in ad hoc arbitral proceedings worth $20 million in relation to the sale of ship.

Continues to impress, advising on cross-border disputes and arbitrations.

Legal 500 EMEA 2012

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Investor state arbitrationAs an international team of experts in international arbitration and foreign investment law, we are able to provide our clients with an appreciation of the laws and procedures in jurisdictions local to the dispute, ensuring access to legal advice as well as representation at all stages of the proceedings. This includes jurisdictional and merit phases, applications relating to protective measures in support of arbitral proceedings as well as enforcement of or annulment to arbitral awards.

We understand and appreciate the significance culture plays in international arbitration with arbitrators and lawyers being trained in different jurisdictions under different rules in both civil and common law countries. We have extensive experience representing clients in complex, high value ad hoc arbitrations as well as under the rules of the world’s leading arbitral institutions including the ICSID rules and under a variety of systems of law and a wide array of languages.

As a global firm, we use our international capabilities and the flexibility of the arbitration process for the benefit of our clients’ substantive arguments and effective dispute resolution strategies. Our goal throughout is to provide innovative and commercial advice to help reduce the uncertainties inherent in any cross-border litigation.

• Polish State in a $1 billion investment treaty arbitration brought under the Poland-Cyprus BIT. The arbitration is being conducted under the SCC rules.

• Solar power investors against Spain in an investment treaty case brought under the Energy Charter Treaty and conducted under the SCC rules.

• German Hydro-Mechanical Company against an African state in an ICC arbitration regarding the refurbishment of a dam.

• ICSID arbitration under a bilateral investment treaty for $750 million arising from leasing and provision of power generation capacity.

• Guaracachi America Inc. and Rurelec plc v Plurinational State of Bolivia high value ad hoc international investment arbitration regarding the alleged expropriation of a power generation company by the State of Bolivia.

• Spanish Agro Industrial Company in dispute with Cuba under BIT.

• Spanish Duty-Free Company in investment dispute with Cuba under BIT.

• Dutch and Luxembourg Investors in an SCC arbitration under the Energy Charter Treaty in relation to the change of legislation passed by Spain imposing tariff changes in the energy sector.

• Government of a European State in relation to arbitral proceedings conducted under the ICC Arbitration Rules commenced by an international construction company regarding the final settlement of the contract for renovation of selected sections of a Polish national road.

• Government of a European State in arbitration proceedings conducted under the UNCITRAL Rules against an international construction consortium concerning the additional payment for repair works on selected sections of a Polish motorway.

• German Hydro Mechanical Company in relation to an ICC arbitration against an African State, in a dispute related to the refurbishment of dam in African state.

• Slovakian Client in relation to potential arbitration proceedings against the Czech Republic under the Energy Charter Treaty (ECT), further to changes in Czech PV-subsidies legislation.

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Our reputation in the market

“One of the things that I most admire is their availability. Whenever needed, even at the most bizarre times, the team members, including the partner, are always available.”

Chambers and Partners 2014 (What clients say)

“They are not acting as outsiders, but help us as if they are the real owners of the problem and provide us with the best possible solution. They are concentrated on finding solutions rather than creating problems.”

Chambers and Partners 2014 (What clients say)

Bird & Bird LLP’s ‘sector-focused practice commits to cases.

Legal 500 2013

Bird & Bird’s renowned status as a leader in the fields of IT, IP, outsourcing, telecoms and life sciences, this dispute resolution group has developed a formidable reputation in these core areas and in a broad spectrum of high-calibre contentious commercial and banking-related matters.

Chambers Europe 2013

“Determined but pragmatic” Chambers and Partners 2013

Bird & Bird is an obvious choice for high-calibre commercial and banking disputes, particularly those involving elements of IP, IT, outsourcing, telecoms and life sciences.

Chambers Global 2013

“Bird & Bird’s ‘service is truly outstanding’’’.

The Legal 500 2011

“Sources say: ‘This is a great firm - well situated internationalls, and offering brilliant service”.

Chambers Global 2011

Bird & Bird’s ‘service is truly outstanding”.Legal 500 2011 on our

International Arbitration Group

“Dispute Resolution department uses its global network to its advantage on multi-jurisdictional deals. Clients see real value in this, as they do in the team’s expertise and communication with the client’’.

Chambers Global 2011

“Clients say: ‘The network is beneficial to us in many ways, as we can use the same firm around the world’”.

Chambers Europe 2011

“The high calibre of skills available at this practice earns widespread praise from peers and clients”.

Chambers Global 2011

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Global Arbitration ToolkitBird & Bird’s Global Arbitration Group has developed a Global Arbitration Toolkit, a project that aims to keep you regularly informed on important global arbitration developments.

Subscription:If you would like to subscribe and receive your Global Arbitration Toolkit file and regular succinct updates on global arbitration developments, please email your details to rafi.youngerwood@twobirds.com. Please provide:

• Your name• Job title• Company name• Email • Postal address to send updates

Clients can subscribe free to the toolkit and receive regular updates every three months on important global arbitration issues to add to the toolkit folder.

Key benefits

• Up to date briefings on important arbitration developments including a quick general overview of arbitration

• Updates posted to you to add to the toolkit• Presents key information so that you have essential

practical knowledge at your fingertips• Written by members of our arbitration team

from across Bird & Bird’s global network with contributions from Bird & Bird clients

• Training offered to clients on each arbitration area under focus

• Portable and easy to reference A5 folder

Toolkit sections

• Arbitral Institutions• Arbitral Agreements• Arbitration Process• Enforcement• Investment Treaty Arbitration• Special Topics (e.g. Arbitration in BRIC Countries)

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Getting to know usBird & Bird is a truly international firm, organised around our clients. We connect our passion and practical insight with our clients’ vision, to achieve real commercial advantage.

With more than 1,100 lawyers and legal practitioners in 26 offices worldwide, we specialise in combining leading expertise across a full range of legal services, including advice on commercial, corporate, EU and competition, intellectual property, dispute resolution, employment, finance and real estate matters.

Our clients build their businesses on technology and intangible assets, and operate in regulated markets. The key to our success is our sector focus. We have developed deep industry understanding of these sectors, including aviation & aerospace, communications, electronics, energy and utilities, financial services, information technology, life sciences, media and sports. Our deep industry knowledge gives us:• Expertise in the law and regulatory framework relating to each sector• A practical, commercial approach to navigating the sector, supported by advisors who have worked for decades

in these specific industries

Most of our work is cross-border and multi-jurisdictional. We excel at managing complex projects across multiple regions with a seamless one-firm approach.

We have offices in key business centres across Europe, the Middle East and Asia, including in Abu Dhabi, Beijing, Bratislava, Brussels, Budapest, Copenhagen, Dubai, Düsseldorf, Frankfurt, The Hague, Hamburg, Helsinki, Hong Kong, London, Lyon, Madrid, Milan, Munich, Paris, Prague, Rome, Shanghai, Singapore, Skanderborg, Stockholm and Warsaw. We also have a dedicated group focusing on India and close ties with firms in other key jurisdictions in Europe, the Middle East, Asia and the United States. We offer local expertise within an international context.

Abu Dhabi & Beijing & Bratislava & Brussels & Budapest & Copenhagen & Dubai & Düsseldorf & Frankfurt & The Hague & Hamburg & Helsinki & Hong Kong & London & Lyon & Madrid & Milan & Munich & Paris & Prague & Rome & Shanghai & Singapore & Skanderborg & Stockholm & Warsaw Bird & Bird is an international legal practice comprising Bird & Bird LLP and its affiliated and associated businesses.Bird & Bird LLP is a limited liability partnership, registered in England and Wales with registered number OC340318 and is authorised and regulated by the Solicitors Regulation Authority. Its registered office and principal place of business is at 15 Fetter Lane, London EC4A 1JP. A list of members of Bird & Bird LLP and of any non-members who are designated as partners, and of their respective professional qualifications, is open to inspection at that address.

000833-03

twobirds.com

Steven BakerCo-Head, Global Arbitration Practice T:+44 (0)20 7415 6000steven.baker@twobirds.com

Annet van HooftCo-Head, Global Arbitration Practice T: +33 (0)1 42 68 60 00annet.van.hooft@twobirds.com

Catherine MunPartner, Hong KongT: +852 2248 6000catherine.mun@twobirds.com

Garreth WongCounsel, LondonT:+44 (0)20 7415 6000garreth.wong@twobirds.com

Contacts