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Alexis L. Namdar

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Alexis Namdar is an associate in the Litigation Department. Alexis has cross-border litigation and extensive international arbitration experience, specializing in investment and complex commercial disputes. He has supported clients in a wide range of sectors and his recent cases include disputes in relation to joint ventures, financial services, asset management/private equity, energy, mining and telecoms.

Alexis’ practice experience encompasses acting, including as advocate, in proceedings under a wide range of arbitral rules including ICSID, UNCITRAL, LCIA, ICC, SCC and the LME. He also has extensive experience of offshore litigation in the British Virgin Islands Commercial Court and up to the Eastern Caribbean Court of Appeal.

He is admitted as a solicitor in England & Wales and is qualified as a solicitor-advocate for the Higher Courts of England & Wales (Civil proceedings).

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We have previously reported on changes the Law Commission was considering to the Arbitration Act 1996 (the Act). The Law Commission has now published its final report (the Final Report, available here).

The report draws to a close a review of English arbitration legislation that began in January 2022. A draft bill to implement the Commission’s conclusions and recommendations into law is provided with the report so it is now for the UK government to decide whether to introduce those changes to parliament.

Last month saw the end of the second round of the UK Law Commission’s consultation on reform of the Arbitration Act 1996, the legislation which provides the framework for arbitration in England and Wales. We have reported on the current status of the consultation and are watching for the final recommendations.

England is one of the most popular jurisdictions for commercial parties to resolve disputes through arbitration: London and Paris were ranked as the top two preferred cities in the world in 2022. To ensure England’s arbitration regime remains modern and competitive, the Law Commission –  a body responsible for considering and recommending legislative change to the UK government – is currently considering updates to the legal framework of arbitration in England & Wales, the Arbitration Act 1996 (the Act).

The choice of arbitration institution can arise at any point in an investment cycle: from finalising initial agreements at fund or portfolio company level, or on an ad hoc basis when a dispute arises.

To help demystify some differences – this article sets out the key features of three commonly used international arbitration regimes that an asset manager should take into account when making such a choice.