Areas of practice · 01
International Dispute Resolution & Arbitration
International commercial and investment-treaty arbitration, and the court proceedings where awards are enforced or set aside.
Overview
From the hearing room to enforcement.
My disputes practice centres on international commercial and investment-treaty arbitration and tribunal-secretary appointments for arbitral tribunals. It runs through to the enforcement and annulment of awards before EU and common-law courts.
What I do
Scope of work.
- Negotiating, validating, and drafting arbitration clauses and agreements.
- Advising on selecting appropriate arbitration or procedural rules for ad hoc clauses.
- Managing applications for interim or protective measures, disclosure, or assistance in forming arbitral tribunals, and challenging the constitution of tribunals during arbitral proceedings.
- Preparing and drafting essential arbitration documents (e.g., requests for arbitration, statements of case, statements of defence, witness statements, expert opinions, skeleton arguments).
- Facilitating the recognition and enforcement of arbitral awards within the jurisdictions of Member States to the New York Convention.
- Facilitating the annulment and set aside of arbitral awards in the jurisdiction of the legal seat of the arbitration (lex arbitri).
Representative matters
Selected experience.
A selection of matters, stated by the capacity in which they were held: as counsel in international arbitrations, as counsel in the related court proceedings where awards are enforced or set aside, and as tribunal secretary supporting arbitral tribunals. Each counsel matter notes the firm under whose banner it was conducted; confidential arbitrations are described without identifying the parties.
As counsel
In international arbitration
Acting as counsel in the arbitration proceedings themselves, under institutional rules.
Oil-trading dispute (bifurcated)
Counsel for the claimant in an ongoing HKIAC arbitration seated in Hong Kong between parties in the oil-trading sector, with USD 419 million in dispute. In bifurcated proceedings, defeated the respondent’s jurisdictional challenge and secured a Partial Award on Jurisdiction for the client; the matter has now progressed to the merits phase.
Diesel supply contract dispute
Counsel for the claimant in a DIAC arbitration seated in the DIFC between parties in the oil-trading sector, arising from a contract for the sale of ultra-low-sulphur diesel. Secured the final award in the claimant’s favour for USD 18.5 million for wrongful termination of the contract, with 100% of the claimant’s arbitration costs awarded.
Oil-trading commodities dispute
Counsel for the claimant in a DIAC arbitration seated in the DIFC between parties in the oil-trading sector, arising from a commodities contract. Secured the final award in the claimant’s favour for USD 14.6 million on the basis of unjust enrichment, with 100% of the claimant’s arbitration costs awarded.
In arbitration-related court proceedings
Representation in the court proceedings where arbitral awards are enforced or set aside, and related interim relief.
Wintershall Dea GmbH v. Russian Federation
Representing the Russian Federation before the DIFC Courts to resist the enforcement of four separate anti-suit injunctions and an anti-anti-arbitration injunction valued at EUR 7.5 billion, issued by the UNCITRAL tribunal in the pending PCA Case No. 2024-42 in favour of German energy company Wintershall Dea, concerning oil and gas assets allegedly expropriated following the 2022 invasion of Ukraine.
Russian Federation v. Wintershall Dea GmbH and others
Representing the Russian Federation to bring three separate de novo challenges before the DIFC Courts, as the seat-court, against arbitrators Funke Adekoya SAN and Charles Poncet in the pending PCA Case No. 2024-42.
Omanand v. Ondrei
Successfully represented an award creditor before the DIFC Courts to obtain, and subsequently continue, a Worldwide Freezing Order valued at USD 630 million against the award debtor, guarding against the real risk of unjustified asset dissipation, pending the determination of parallel award recognition and enforcement proceedings.
Oliwia v. Omysha
Representing a Hong Kong party before the DIFC Courts to enforce a Moscow-seated arbitral award valued at USD 630 million against a Turkish national in the crude oil trading industry.
Serene Resources DMCC v. 1Energin DMCC
Acting for Serene Resources across a series of parallel proceedings against 1Energin. In ARB 013/2025, successfully enforced a USD 6.3 million DIAC award (DIFC-seated) against 1Energin before the DIFC Courts. In ARB 024/2025, resisted 1Energin’s enforcement of a USD 7.5 million SIAC award (seated in onshore Dubai) before the DIFC Courts on the basis that they lacked jurisdiction, while initiating parallel set-aside proceedings in the onshore Dubai Courts. To resolve the resulting conflict of jurisdiction, brought a landmark claim before the Dubai Conflicts of Jurisdiction Tribunal (CJT 002/2025), which held that the DIFC Courts lacked jurisdiction to hear the enforcement claim absent any link to the DIFC; the DIFC Courts then declined to enforce the SIAC award, bringing ARB 024/2025 to an end. 1Energin’s appeal is now pending before the DIFC Court of Appeal (CA 008/2026).
Russian Federation v. Yukos Universal Ltd and others
Represented the Russian Federation before the Dutch Supreme Court to set aside three UNCITRAL arbitral awards totalling approximately USD 50 billion (PCA Case Nos. AA 227, AA 228, AA 229) issued in favour of the Yukos shareholders under the Energy Charter Treaty, seated in The Hague.
Republic of India v. CC/Devas (Mauritius) Ltd and others
Represented the Republic of India before the Court of Appeal in The Hague (2021) and the Dutch Supreme Court (2023) in set-aside and revocation proceedings against a USD 111 million UNCITRAL award rendered in PCA Case No. 2013-09 in favour of the Devas shareholders, under the India-Mauritius BIT.
Cairn Energy (UK) v. Republic of India
Represented the Republic of India before the Court of Appeal in The Hague, in proceedings under the New York Convention regime, to successfully set aside a USD 1.2 billion UNCITRAL arbitral award rendered in PCA Case No. 2016-7 in favour of Cairn Energy (UK) under the India-UK BIT.
Tribunal-secretary appointments
As tribunal secretary I support arbitral tribunals (presiding arbitrators, co-arbitrators, and sole arbitrators) with legal analysis, drafting, and case management.
Investment-treaty arbitrations
- Tribunal secretary to the co-arbitrator in Portigon AG v. Kingdom of Spain (ICSID Case No. ARB/17/15), under the Energy Charter Treaty, concerning a series of energy reforms undertaken by Spain affecting the renewables sector.
- Tribunal secretary to the presiding arbitrator in Lone Pine Resources Inc. v. Government of Canada (ICSID Case No. UNCT/15/2), under the NAFTA, concerning Quebec’s revocation of the claimant’s permits for petroleum and natural gas exploration in the Utica shale gas basin (seat Ottawa).
- Tribunal secretary to the co-arbitrator in Axiata Investments (UK) v. Nepal (ICSID Case No. ARB/19/15), under the Nepal-UK BIT, concerning Nepal’s imposition of a capital gains tax on an Axiata acquisition.
- Tribunal secretary to the co-arbitrator in WM Mining Company LLC v. Mongolia (ICSID Case No. ARB/21/8), under the USA-Mongolia BIT, concerning certain mining and quarrying activities.
- Tribunal secretary to the presiding arbitrator in Chevron and Texaco Petroleum v. Republic of Ecuador (PCA Case No. 2009-23), under the Ecuador-USA BIT, concerning Texaco’s historical activities under oil concession contracts, and Ecuador’s alleged misconduct in subsequent domestic litigation against Texaco for environmental remediation.
- Tribunal secretary to the co-arbitrator in EMS Shipping & Trading GmbH v. Republic of Albania (ICSID Case No. ARB/23/9), under the Albania-Germany BIT, concerning a concession agreement to operate a terminal in the port of Durrës, and the government’s proposed plan to move the port from Durrës to Porto Romano.
International commercial arbitrations
- Tribunal secretary to the presiding arbitrator in a DIAC arbitration between a Saudi national and a UAE investment-management firm, concerning a sale-and-purchase agreement in the property-development sector (seat Dubai; UAE law).
- Tribunal secretary to the presiding arbitrator in an ICC arbitration between American and Korean parties in the fuel-cell renewable-energy sector, concerning a series of licensing agreements (seat Singapore; New York law).
- Tribunal secretary to a co-arbitrator in an SIAC arbitration between American and Indian parties in the e-commerce marketplace sector, concerning shareholder and share-subscription agreements (seat New Delhi; Indian law).
- Tribunal secretary to a co-arbitrator in an UNCITRAL arbitration between a Singaporean party and ten respondents in Mainland China, the British Virgin Islands, and the Cayman Islands in the media and entertainment sector, concerning shareholder agreements (seat Hong Kong; Hong Kong law).
- Tribunal secretary to the presiding arbitrator in an LCIA arbitration between Persian Gulf healthcare providers (in administration) and an Emirati Islamic bank, concerning a restructuring and related agreements following the discovery of fraud (seat London; English, ADGM, UAE, and Dubai law).
- Tribunal secretary to the presiding arbitrator in an ICC arbitration between a German naval-shipbuilding party and an Asian sovereign State, concerning a commodity contract (seat Korea; Korean law).
- Tribunal secretary to the presiding arbitrator in an ICC arbitration between an Ethiopian State entity and French parties in the wind-energy sector, concerning a licence, supply and maintenance agreement (seat Geneva; Ethiopian law).
- Tribunal secretary to a co-arbitrator in an ICC arbitration between German and Spanish parties in the rail sector, concerning a supply contract (seat Berlin; German law).
- Tribunal secretary to a co-arbitrator in an ICC arbitration between Turkish and US parties in the military and aviation sector, concerning a sale-and-purchase agreement (seat Geneva; Dutch law).
- Tribunal secretary to the presiding arbitrator in an LCIA arbitration between English and Kuwaiti parties in the sports-equipment sector, concerning a licence agreement and a guarantee (seat London; laws of England and Wales).
- Tribunal secretary to the presiding arbitrator in an SCC arbitration between Estonian and Polish parties in the gas-pipeline sector, concerning a construction agreement (seat Stockholm; Estonian law).
- Tribunal secretary to the presiding arbitrator in a CEPANI arbitration between Belgian parties in the wind-energy sector, concerning a licence agreement (seat Brussels; Belgian law).
- Tribunal secretary to the presiding arbitrator in a CEPANI arbitration between Dutch and French parties in the engineering sector, concerning a shareholder and management agreement (seat Brussels; Dutch law).
- Tribunal secretary to the sole arbitrator in an SIAC arbitration between Hong Kong and Mongolian parties, concerning a settlement agreement and a guarantee (seat Singapore; Mongolian law).
Approach
Why it matters.
In arbitration the law is rarely the hard part; the outcome turns on strategy, command of procedure, and whether the award can actually be enforced or resisted at the end.
I take on a deliberately small number of matters and give each senior, hands-on attention, with a public-international-law foundation behind the treaty and sovereign-State work. You deal with the same counsel from the first strategy session through to the recognition or set-aside of the award.
Related practice
Facing a dispute, or an award to enforce?
A direct, confidential first conversation. Write to brayden.winkler@winkler-lawfirm.com.