International arbitration has enjoyed growing popularity with business and other users. There are a number of reasons that parties elect to have their international disputes resolved through arbitration. These include the desire to avoid the uncertainties and local practices associated with litigation in national courts, the desire to obtain a quicker, more efficient decision, the relative enforceability of arbitration agreements and arbitral awards (as contrasted with forum selection clauses and national court judgments), the commercial expertise of arbitrators, the parties’ freedom to select and design the arbitral procedures, confidentiality and other benefits.
Toby’s arbitration practice covers virtually all forms of international arbitration and he has a proven and successful track-record in handling large international arbitrations for governments.
He has significant experience in international law having advised and appeared in matters before the International Criminal Court, the International Centre for Settlement of Investment Disputes (ICSID), the International Criminal Tribunal for the Former Yugoslavia, the European Court of Human Rights, the UN Human Rights Committee and the African Commission on Human and Peoples Rights.
Since the inception of Guernica 37, he has been involved in several high-profile cases. Most recently, he has been instructed in the longest running arbitration case before ICSID on behalf of Victor Pey Casado and President Allende Foundation against the Republic of Chile. He was engaged as counsel to argue a point of law before the ICSID that involved complex issues of national and international law on conflicts of interest.