Gillian’s practice encompasses both private and public international law.

Her commercial arbitration and mediation work usually arises from international construction, infrastructure and energy projects. Cases include technical construction issues and other disputes arising from these sectors such as environmental disputes and general corporate and commercial disputes (notably in relation to joint ventures). Recent cases include working with a team representing a State in a series of commercial arbitrations conducted under the UNCITRAL Rules.

In Investor-State Dispute Settlement, Gillian has acted for both states/state entities and investors in disputes arising under bilateral and multilateral investment treaties and national investment laws. Recent cases include working with a team representing a State in two investor-state arbitrations administered by the ICC in which the sums at stake exceeded USD 100 million.

Gillian is often asked to bring a fresh perspective to disputes that have reached stalemate, are taking too long to resolve or have become too costly. Her approach is centred on early intervention and assessment to manage risk and conflict and avoid formal dispute resolution processes where appropriate. Where a formal process is necessary and a choice is possible, Gillian’s broad experience enables her to advise on the most efficient and cost-effective process, whether court, arbitration, mediation or otherwise. Gillian focuses on streamlining cases where feasible to obtain results promptly at reasonable cost, and on closely monitoring cases for potential exit strategies, whether for claimants or defendants/respondents.

EARLY INTERVENTION

Support in anticipating, assessing and managing risk and conflict, and preventing and managing disputes.

• Risk analyses of commercial tenders and contracts.

• Drafting contractual dispute resolution provisions.

• Advice on foreign direct investment protection under investment legislation, investment contracts, and bilateral and multilateral treaties.

• Dispute prevention audits of contracts and projects.

• Early case assessments.

• Advice on pre-litigation/arbitration strategy and correspondence.

• Negotiation of settlements.

• Where possible, early adaptation of dispute resolution procedures to meet the needs of individual disputes, e.g., using documents-only or expedited arbitration in suitable cases; designing a mediation plan; using hybrid processes where beneficial such as a mediation window during an arbitration.

ARBITRATION

Advice and representation throughout investor-state and commercial arbitration proceedings (whether ad hoc or institutional), including advising on third party funding, commencing or defending an arbitration, preparing written submissions, conducting advocacy at hearings, and arbitration-related litigation such as enforcing arbitral awards.

Experience of the principal international arbitration institutions and rules, including the United Nations Commission on International Trade Law (UNCITRAL) Rules, International Chamber of Commerce (ICC), Procedural Rules on Conciliation and Arbitration of Contracts financed by the European Development Fund, London Court of International Arbitration (LCIA), Cairo Regional Centre for International Commercial Arbitration (CRCICA), Arbitration Institute of the Stockholm Chamber of Commerce and the International Centre for Settlement of Investment Disputes (ICSID).

 Gillian also accepts arbitrator appointments.

MEDIATION

Many contracts provide for mediation as a prerequisite to arbitration or litigation. Even when this is not stated in a contract, mediation may be used before, during or sometimes even after arbitration or litigation.

The United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention on Mediation), which entered into force on 12 September 2020, makes it highly likely that mediation will become more frequent.

In Investor-State Dispute Settlement, bilateral and multilateral treaties are increasingly providing for mediation as a dispute resolution tool. New ICSID rules for investor-state mediation are expected to be in place in 2022.

The firm provides advice on whether, how and when to use mediation and how to get the most out of mediation as a faster, cheaper and confidential way for parties to reach their own resolution of a dispute, rather than having a judgement or arbitral award imposed on them, as well as representation throughout the mediation process.

Gillian also accepts mediator appointments.