Dispute Resolution

Class Actions are increasing

Class actions are on the rise. Technology has enabled the identification of potential plaintiffs and the management of large volumes of data in complex cases. Class actions have increasingly become more specialised, focusing on particular areas such as consumer protection, environmental issues, securities fraud, data protection claims and shareholder/investor claims.

Strategic approach

Ashurst's experience in defending many prominent class actions means we provide tailored insights into the effective management of risks arising from exposure to class actions. Our priority is to analyse each matter and depending on the circumstances, work to narrow the scope of the class action, settle it on favourable terms or strive to have it dismissed. Ashurst's class actions lawyers consider each matter strategically, and engage the right experts from across the firm to provide industry expertise.

Visit our Class Actions resources page.

Evolving regulatory landscape 

We understand you face an ever-evolving regulatory and social landscape, where businesses are under more scrutiny than ever, from regulators, shareholders, employees, customers and the communities in which we live.

Mitigating risk

Our global cross-border investigations group has extensive experience in conducting and responding to investigations about all forms of corporate and employee misconduct in that environment whether investigations are initiated by the business, or by regulators or law enforcement agencies, anti-bribery & corruption, anti-money laundering, cartels and anti-trust, abuse of dominance, competition investigation, market & sector investigation, financial regulatory, sanctions, market misconduct, fraud & asset recovery, worker misconduct, work health & safety and tax controversy. Working with our Risk Advisory team, we can help identify and mitigate corporate misconduct, as well as assist responding to regulatory and law enforcement-led investigations, and to mitigate and manage risk and penalties.

Visit the Investigations legal services page for more information

Choosing arbitration 

Market volatility, fluctuations in global supply, as well as changes in regulatory frameworks all give rise to increased risks of conflict with commercial partners. International arbitration is increasingly the default mechanism for resolving global commercial disputes. Most contracts today include an arbitration clause to resolve disputes.

Dispute management strategies

Ashurst’s international arbitration team focuses on developing dispute management strategies with regard to our clients' commercial goals. We advise on the benefits of arbitration versus other mechanisms including litigation relevant to the circumstances, such as the need for confidentiality and privacy and being able to appoint an arbitrator who has the requisite legal and industry experience. Arbitration also offers a neutral forum, a final enforceable award and is often cheaper and faster than litigation. Our arbitration experience encompasses the major international arbitration institutions and rules, including ICC, LCIA, UNCITRAL, ACICA, HKIAC, SIAC, SCC, LMAA, CIETAC and JCAA, as well as ad hoc arbitrations.

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Resolving conflicts in public law

Our team has expert skills in the provision of advice in relation to statutory interpretation, policy development, public consultations, administrative decision-making and challenges. Acting for decision-makers and those challenging decisions gives us a valuable insight into the issues which arise and how they can be avoided, managed or overcome.

A team that understands

We understand our clients' needs and challenges; whether they are making or defending administrative decisions or challenging them. Every client wants to achieve their objective in a publicly acceptable and cost-effective manner. Our seamless global advice is integrated with that of our other practices, particularly finance and corporate where we act on strategic disputes where public and administrative law is a key element.

Navigating corporate and commercial disputes

We advise some of the world's most high profile organisations in identifying and managing business risk, and pride ourselves on our solution and commercial driven approach. Commercial disputes are at the heart of our firm and our team is extremely versatile – whether operating in the courts, before arbitral tribunals or any other specialist tribunal, regulator or ombudsman, we have the right capability to assist you.

Finding solutions for business success

We regard understanding your business as crucial to building a true advisory relationship. We take a strategic approach to all commercial disputes, identifying and guiding clients on risks and tailoring a prevention and resolution strategy, whether through litigation or another dispute resolution mechanism. 

Rise of construction disputes

Construction and infrastructure projects frequently give rise to a diverse range of disputes from project delays and cost overruns to issues with supply and materials. Our team provides construction law and risk management advice in relation to all aspects of international construction procurement. We operate across every sector of the construction industry and have a track record for representing parties in substantial and highly complex disputes worldwide.

"End to end" project solutions 

We provide an 'end to end' project solution for clients from procurement, negotiation, contracting and delivery, to risk mitigation, to ultimately adjudication, arbitration and litigation. We recognise that formal dispute resolution is only one aspect of an effective claims management strategy and that commercial delivery of a project is the highest priority.

Offering the full range of dispute resolution and contentious regulatory services

We combine our expert dispute resolution and contentious regulatory experience with the regulatory, business, and transaction expertise of our global finance and Risk Advisory teams. This combination provides the foundation for the effective strategies we regularly develop for clients in enforcing rights, recovering money or assets, defending claims or assisting with internal or regulatory investigation.

Trusted advisers on global and financial regulatory investigations

We advise clients on all regulatory matters and how they should respond to and investigate them; including in relation to financial crime, regulatory enforcement, systems and controls, complaints handling, misconduct and structured products. Our depth of understanding of financial regulators and regulations allows us to provide incisive advice to our clients in order to react and respond to regulatory investigations and proceedings in the most impactful way.

Navigating complex disputes

Clients turn to us for resolution of strategic and complex domestic and international disputes. We work with clients to secure excellent outcomes. If required we have extensive experience in litigation, arbitration and other dispute resolution mechanisms. We combine deep local market knowledge coupled with access to our global network, resources and expertise

Understanding the market in which our clients operate

We offer more than excellent legal advice. We provide our clients with a comprehensive understanding of the issues arising on international energy and resources disputes. Our global teams combine an understanding of the market in which you operate and the legal expertise to help you find the right solutions quickly.

Impact of technology

As technology continues to rapidly advance and play a critical role in all aspects of our lives, novel disputes have arisen in data privacy, cybersecurity, intellectual property and emerging technologies, such as artificial intelligence, blockchain and the Internet of Things. 

Trusted advice from a team of experts

We are familiar with new technologies and concepts. We act for many major national and international companies in relation to a wide range of contentious legal issues, including contract claims, misleading or deceptive conduct, negligence, copyright, equitable claims and/or licensing issue. We understand how to manage technology disputes appropriately to achieve an appropriate outcome whilst minimising costs.

Responding to demanding inquiries

We have assisted many government departments and agencies, not for profit organisations and corporate clients and their staff to prepare for significant and sensitive Royal Commissions, parliamentary inquiries and other public investigations, including Coronial Inquests.  We are well versed in dealing with the difficult issues that these types of inquiries and investigations raise, which range from the demands and sensitivities of producing voluminous numbers of government records through the provision of witnesses, to the political and reputational risks that often accompany such matters. 

Pragmatic supportive approach

Our experience in commission and inquiry work includes assisting clients on all aspects of the management of the strategic, substantive and procedural issues that a commission or inquiry raises for the organisation and its personnel. We also have extensive experience in managing detailed document collation, liaising effectively with counsel assisting, preparing witnesses for difficult appearances, attending hearings, managing the media and advising on the consequences of the outcome of these inquiries.

Understanding your business

Our contentious restructuring and insolvency lawyers have a true understanding of our client's aims, whether it is a distressed corporate or an investment fund and act swiftly to try to ensure those aims are met often in difficult and time critical situations. Our team has the depth and expertise to resource fast moving complex restructuring and insolvency related litigation and a synchronised global response allows us to deal seamlessly with any issue as it arises.

Covering the full spectrum of issues 

Whether you are facing an immediate challenge or want to protect your business in the future, our highly regarded restructuring and insolvency practice includes a team of litigation experts with strong technical restructuring and insolvency knowledge and broad experience of advising and acting in leading and complex cases. Whether you are a creditor, investor, debtor or officeholder, we will work towards helping you minimise risk.

Disputes can be expensive 

Disputes relating to tax and compliance matters can be costly, time-consuming and distracting. They can also damage reputations, so it’s important to resolve them as quickly and cost-effectively as possible. 

A comprehensive perspective 

Ashurst’s tax controversy team advises on all kinds of contentious discussions with tax authorities and other entities. We can help you at every stage of discussions and can support negotiations at a national or international level. We integrate technical expertise and a deep familiarity with tax litigation processes, providing a far broader perspective of the issues surrounding tax disputes than the outlook offered by pure litigators. Our service encompasses assisting with audits and reviews, the negotiation and settlement of disputes, case preparation and management, and advocacy in tribunals and higher courts as well as through alternative dispute resolution means provided by tax treaties and EU directives.

Experience in a broad range of disputes

Real estate projects and transactions frequently give rise to a broad range of disputes, including property insolvency, termination of leases and property agreements, development disputes, interpretation of property documents, rights over property, and high value/complex landlord and tenant disputes.

Strategic approach to real estate disputes

Our approach to dispute resolution is commercial and strategic. We consider our clients' objectives and work closely with our client teams in executing an agreed strategy. Avoiding a dispute or preventing one escalating is often the objective and, to this end, our team is experienced in alternative dispute resolution, as well as acting in national courts or before specialist tribunals.

Go to our Real Estate Dispute Resolution page to find out more

Experts in ESG dispute resolution

The focus on ESG, and competing views as to what sustainability means, and how it should be achieved, may generate disputes. We advise across the spectrum of dispute resolution and prevention from ongoing compliance and risk management, through to high stakes ESG litigation, arbitration and investigations including on legal rights and obligations, and their enforcement. We also deliver strategic advice on the broader considerations including the reputational and market impact of ESG disputes, and the knock-on consequences on access to capital, and acquisition and retention of talent. Working closely with colleagues across Ashurst's practice areas, we provide seamless advice to help clients achieve their commercial and non-commercial objectives.

Subject matter and cross-industry experience

Our ESG dispute resolution experience includes climate change and environmental issues, community engagement and human rights, modern slavery, supply chain liability, health & safety, employee relations, privacy and data protection, corruption, sanctions, fraud, fair marketing including greenwashing, market disclosures, intellectual property and tax. Our industry experience extends across our key sectors: banks and private capital & funds, defence, government and public sector, infrastructure, energy, mining, real estate including hotels, leisure and gaming, technology, as well as business support services, consumer food & retail, insurance, manufacturing, pharmaceuticals, media, telecommunications and transport.