We are arbitration specialists. We act as counsel, arbitrators, experts and advisors.
Our wide-ranging counsel practice also benefits from our partners’ extensive experience as arbitrators, which provides a unique insight into best practices and decision-making processes. We also act as co-counsel, including when clients and colleagues are in need of specialized knowledge and advocacy skills and a strategic vision. Our boutique size allows us to be largely free of the conflicts that afflict large multi-practice law firms.
We have a vast experience in commercial cases, including involving States and State entities, having represented Italian and foreign clients in a significant number of international and domestic, institutional and ad hoc, arbitrations. We have acted as counsel under a broad array of arbitration rules and applicable laws of European, North and South American, African and Asian jurisdictions. We have deep knowledge of many industry sectors, such as renewable energy, Oil & Gas, M&A, telecommunications, banking, insurance, engineering, defense, pharmaceuticals, fashion, real estate and sports. We have developed a robust construction practice, to which several important players in the field regularly turn.
We have outstanding expertise in investor-State arbitration. ArbLit has recently secured an award in favor of photovoltaic investors from different countries holding the Czech Republic responsible for the violation of the Fair and Equitable Treatment obligation set out in the Energy Charter Treaty and various intra-EU Bilateral Investment Treaties (Natland Investment Group N.V. and others v. Czech Republic). The track record of our partners includes multiple ICSID cases, amongst which acting for the successful claimant in the ground-breaking Saipem S.p.A. v. The People’s Republic of Bangladesh and in two trailblazing cases brought by Italian bondholders against the Argentine Republic arising from the State’s default (Ambiente Ufficio and others v. Argentine Republic, and Giovanni Alemanni and others v. Argentine Republic).
The firm’s partners sit as presiding, sole and party-appointed arbitrators in major commercial and investor-State arbitrations, in proceedings conducted in English, Spanish, French and Italian. They are also members of, or otherwise active in, the major international arbitral institutions. Luca Radicati di Brozolo, a former member of the ICC Court of Arbitration from 2009 to 2015, is now vice-president of the Court of the LCIA and is on the list of the ICSID Panel of Arbitrators on the appointment of the Republic of Italy. Massimo Benedettelli is member of the ICC Court of Arbitration since July 2018.
Also in consideration of their academic standing, our partners frequently appear in arbitration proceedings as party-appointed experts on matters of Italian law, arbitration law, private international law, public international law, EU law and competition law.
Our assistance goes beyond the pathological stage of arbitration. By way of example, we assist clients in drafting arbitration agreements, including sophisticated “umbrella agreements” for multi-party and multi-contract relations, in the selection of advisors in foreign jurisdictions and in “corporate planning” to secure the most effective investment treaty protection for foreign investments. We also assist in facilitating the amicable settlement of disputes.
Our most recent experience as counsel in commercial and investor-State arbitrations includes the following.