International Arbitration

Disputes that cross
borders and systems

States expropriate. Contracts are broken. Partners walk away. When a dispute cannot be resolved without crossing jurisdictional lines, arbitration is the only forum that gives both parties a genuine prospect of a binding, enforceable outcome. Stradalex acts for investors, corporations, and states in the proceedings that follow.

Investor-State

ICSID

International Centre for Settlement of Investment Disputes. Treaty-based claims against host states for expropriation, breach of fair and equitable treatment, and other BIT violations. Awards enforceable in 158 member states.

Commercial

ICC — Paris

International Chamber of Commerce. The world's most widely used commercial arbitration institution, administering complex multi-party and multi-contract disputes across all commercial sectors and legal traditions.

Commercial

Luxembourg Arbitration Centre

The premier arbitral institution for disputes with a European nexus, particularly those involving fund structures, private equity transactions, and intra-European commercial relationships governed by civil law.

Investor-State Arbitration

ICSID — when a state takes what is yours

Governments expropriate investments — directly, by regulatory measure, or through a pattern of targeted conduct designed to force departure. When that happens to a foreign investor, a bilateral investment treaty will often provide the route to an international tribunal that the host state's own courts cannot. ICSID is that tribunal.

Direct Expropriation

A formal transfer of title or possession of the investment to the state or a state entity — nationalisation, compulsory acquisition, or forced sale. Plainly compensable under virtually every BIT; disputes turn on the quantum of compensation and the applicable valuation methodology.

Indirect Expropriation

State measures that substantially deprive an investor of the use, enjoyment, or value of an investment without a formal taking of title. Regulatory changes, denial of permits, targeted inspections, and criminal proceedings against key personnel can all constitute indirect expropriation where the cumulative effect is equivalent to a taking.

Creeping Expropriation

A series of state acts, each insufficient individually to constitute expropriation, that together produce the equivalent of a taking over time. Identifying the pattern — and anchoring the investor's loss to the commencement of the series rather than its conclusion — is a critical element of the claim.

BIT Protections We Invoke

FET
Fair & Equitable Treatment
The most litigated BIT standard. Prohibits arbitrary, discriminatory, or disproportionate treatment and protects the investor's legitimate expectations formed at the time of investment.
FPS
Full Protection & Security
Requires the host state to exercise due diligence in protecting the investment from physical harm or from harm caused by third parties. Extends in some treaties to legal security.
MFN
Most-Favoured Nation
Entitles the investor to treatment no less favourable than that accorded to investors from third states. Can be used to import more favourable dispute resolution terms from other treaties concluded by the host state.
UC
Umbrella Clause
Elevates contractual obligations owed to the investor to treaty obligations, enabling claims for breach of contract to be pursued in treaty arbitration rather than before domestic courts.

ICSID Procedure

1
Request for ArbitrationFiled with ICSID Secretariat; jurisdiction established
2
Tribunal ConstitutionThree arbitrators; challenge and disqualification procedure
3
Preliminary ObjectionsJurisdictional and admissibility challenges by respondent state
4
Merits & QuantumMemorial exchange; document production; witness and expert evidence
5
HearingOral arguments; examination of fact and expert witnesses
6
Award & EnforcementDirectly enforceable in all ICSID member states; annulment before ad hoc committee

Our geographic focus in investor-state proceedings spans Africa (sub-Saharan mining and infrastructure), Eastern Europe and CIS (energy, real estate, financial sector), and the Middle East (construction, hospitality, and regulated industries). We act in English, French, and Arabic, and work with leading local counsel in each relevant jurisdiction.

Commercial Arbitration

ICC & Luxembourg — complexity without courtrooms

Commercial arbitration is chosen over litigation because it offers a neutral forum, procedural flexibility, confidentiality, and — critically — an award that can be enforced across borders under the New York Convention. We conduct commercial arbitrations for clients at the ICC in Paris and at the Luxembourg Arbitration Centre, in matters ranging from joint venture disputes to complex financial instrument claims.

Paris · Founded 1919

International Chamber of Commerce

The ICC is the world's leading commercial arbitration institution, administering over 900 new cases annually across more than 140 countries. ICC arbitration is the default choice for complex cross-border commercial disputes, and its Rules — most recently updated in 2021 — provide a sophisticated procedural framework suited to multi-party, multi-contract, and expedited proceedings.

Our ICC work spans M&A disputes, long-term supply and distribution agreements, construction and engineering claims, financial products disputes, and shareholder disagreements in international joint ventures. We conduct proceedings in English and French, and appear alongside local counsel in Paris when the seat requires it.

We advise on ICC arbitration clause drafting, the selection of arbitrators and seats, applications for emergency arbitrator relief, and post-award enforcement strategy.

Luxembourg · CAL

Luxembourg Arbitration Centre

The Luxembourg Arbitration Centre (Centre d'Arbitrage du Luxembourg) is the preferred institution for disputes with a European fund, private equity, or financial services dimension. Luxembourg's position as the dominant domicile for European investment funds — over EUR 5.8 trillion in assets under administration — means that disputes involving fund structures, management agreements, and carried interest claims naturally gravitate towards Luxembourg-seated arbitration.

We act in Luxembourg-seated proceedings for fund managers, limited partners, and institutional investors. Our practice reflects the civil law tradition that governs most Luxembourg fund documentation, and we bring that fluency to the drafting of submissions, the examination of experts in valuation and accounting, and the enforcement of awards under Luxembourg civil procedure.

Award Enforcement — New York Convention

International arbitral awards are enforceable in 172 states party to the 1958 New York Convention with minimal grounds for refusal. We advise on the optimal enforcement strategy — selecting jurisdiction, identifying assets, anticipating and pre-empting annulment applications — as an integral part of every commercial arbitration mandate we accept.

UAE / DIFCEngland & WalesFranceLuxembourgSwitzerlandGermanySingaporeUnited StatesKSABVI / Cayman

Stradalex

Instruct us

Arbitration mandates benefit from early involvement. The drafting of the request for arbitration or the answer, the choice of arbitrators, the management of document production — decisions made at the outset shape what is possible at the hearing. We work best when instructed before positions have hardened.

We operate from Dubai, with a reach that spans the Middle East, Europe, and the CIS — the regions where the majority of our investment treaty and commercial arbitration work arises. All enquiries are treated as strictly confidential.