International Arbitration
In high-stakes arbitration, strategic analysis and credible testimony are essential to building a compelling case.
Whether commercial or investor-state, domestic or international, HKA experts are equipped to support your arbitration needs anywhere in the world.
A world-leading arbitration expert witness firm
HKA is a preeminent global practice with deep multidisciplinary expertise and extensive experience in international arbitration across industries, jurisdictions, and forums. Our experts are acknowledged worldwide for their incisive analysis, professional impartiality, and compelling testimony.
For the second consecutive year, HKA is among the top three in the 2025 GAR 100 Expert Witness Power Index, which commends the exceptional level of expertise among our experts and our commitment to delivering world-leading arbitration expert witness support services for our clients.
Commercial Arbitrations
HKA’s commercial arbitration practice focuses on private disputes between commercial entities, typically arising from breaches of contract, financial misrepresentation, or other commercial disagreements. The firm provides expert services to support parties in resolving these disputes, which are often governed by institutional rules such as the ICC, LCIA, or AAA. We have been involved in 1,000+ commercial contract arbitration cases, bringing deep experience and analytical rigor to help clients navigate complex proceedings and present their case with clarity and credibility.
Due to the confidential nature of commercial arbitrations, we do not disclose specific case details. However, HKA’s depth and breadth of experience is demonstrable across a wide spectrum of disputes, including gas and commodities pricing, Power Purchase Agreements, post-acquisition disagreements, breaches of shareholder agreements, distribution and IP disputes, as well as matters in construction, infrastructure, hospitality, automotive, and aviation. Our multidisciplinary teams collaborate seamlessly to resolve complex commercial issues, bringing clarity, credibility, and strategic insight to every engagement.
Key services and areas of expertise
- Quantum of Damages: HKA’s experts quantify damages resulting from breaches of contract, including lost profits, wasted costs, and diminution in value. Their approach mirrors the rigor applied in investor-state cases.
- Delay and Disruption Analysis: Particularly in the construction sector, HKA studies project delays and disruptions using techniques such as critical path method (CPM) scheduling to assess causation and cost impact.
- Construction Claims: A recognized leader in construction arbitration, HKA provides technical and financial analysis of claims involving cost overruns, variations, defective work, and termination.
- Forensic Accounting: HKA’s forensic accountants support disputes involving financial misrepresentation, breach of warranty in M&A transactions, and fraud. They trace financial flows, reconstruct accounts, and assess business performance.
- Expert Witness Testimony: HKA’s experts act as independent witnesses, delivering clear, objective, and well-reasoned opinions on technical, financial, and quantum issues. Their credibility is key to helping tribunals understand complex facts.
Key sectors
HKA’s commercial arbitration practice spans a wide range of industries, including:
- Construction and Engineering: Handling complex disputes on major projects, including commercial developments, manufacturing and industrial facilities, and transportation infrastructure.
- Oil & Gas: Addressing joint ventures, long-term supply agreements, and EPC contracts across upstream, midstream, and downstream operations.
- Energy and Natural Resources: Supporting disputes involving power generation (including renewables), mining, and resource extraction projects.
- Financial Services: Advising on arbitration related to M&A transactions, shareholder disputes, and investment performance.
- Technology and Intellectual Property: Resolving disputes over licensing agreements, patent infringement, and software development contracts.
- Distribution and Supply Chains: Navigating disputes involving distribution agreements, franchise relationships, and supply chain disruptions.
- Hospitality and Leisure: Supporting arbitrations related to hotel management contracts, resort developments, and service-level disputes.
- Automotive and Aviation: Advising on commercial disagreements involving Original Equipment Manufacturers (OEM) contracts, leasing arrangements, and regulatory compliance.
- Post-Acquisition and Shareholder Disputes: Addressing breaches of warranties, valuation disagreements, and governance issues following corporate transactions.
- Commodities and Pricing: Handling disputes over gas, oil, and other commodities pricing mechanisms and long-term supply contracts.
Multidisciplinary expertise
HKA’s strength lies in its ability to integrate financial, economic, and engineering disciplines to deliver comprehensive analysis. The team includes accountants, economists, engineers, and former industry professionals, offering clients and legal teams a holistic view of the dispute. This multidisciplinary approach is highly valued in complex arbitration proceedings.
Investor-State Arbitrations
HKA’s investor-state arbitration practice supports parties in disputes between foreign investors and host states, typically arising from alleged breaches of international investment treaties such as Bilateral Investment Treaties (BITs) and Free Trade Agreements (FTAs). Our experts are regularly appointed to provide independent economic, financial, and technical analysis in these high-value, complex cases. We have been involved in over 100 investor-state arbitration cases, bringing extensive experience across jurisdictions and sectors.
Key services and areas of expertise
- Damages quantification: HKA assesses and quantifies damages using methodologies such as discounted cash flow (DCF), market-based approaches, and asset-based methods. Our experts address issues arising from claims and expropriation and unfair and inequitable treatment by quantifying damages measured as lost profits, fair market value, and excess costs.
- Forensic accounting and financial analysis: We trace funds, examine financial records, and identify irregularities or misrepresentations—critical in disputes involving allegations of fraud, corruption, or financial mismanagement.
- Quantum and valuation experts: HKA’s experts act as independent witnesses, providing testimony on the quantum of damages. They are well-versed in the legal standards governing damages in international investment law, including the full reparation principle.
- Industry-specific expertise: Our deep sector knowledge enables us to address the technical and operational aspects of disputes across industries such as:
- Energy and natural resources: Oil and gas exploration, power generation (including renewables), and mining.
- Infrastructure and construction: Major infrastructure projects including highways, ports, airports, and PPPs.
- Telecommunications: Licensing, regulatory changes, and network infrastructure.
- Financial services: Banking, finance, and investment fund disputes.
- Real estate: Land development and property rights claims.
Representative cases
While confidentiality is a hallmark of investor-state arbitration, selected public disclosures illustrate HKA’s involvement in high-profile disputes. Examples include:
- Alamos Gold Holdings Cooperatief U.A. and Alamos Gold Holdings B.V. v. Republic of Türkiye (ICSID Case No. ARB/21/33) – Dispute involving gold mining projects.
- Qiong Ye and Jianping Yang v. Kingdom of Cambodia (ICSID Case No. ARB/21/42) – Dispute involving a telecommunications business.
- Bursel Tekstil Sanayi ve Dış Ticaret A.Ş. and Others v. Republic of Uzbekistan (ICSID Case No. ARB/17/24) – Dispute involving expropriation of textile factories.
These examples reflect HKA’s balanced and independent role in supporting both claimants and respondents across diverse sectors.
Specialized support in treaty-based disputes
HKA’s investor-state arbitration team combines deep sector knowledge with financial, economic, and technical expertise to support complex treaty-based claims. With experience across industries and jurisdictions, our experts deliver independent analysis and credible testimony aligned with international legal standards—helping clients and counsel navigate the unique challenges of investor-state proceedings with confidence.
Our dispute forum experience
With global reach, we bring our expertise to bear in all major arbitral forums across the Americas, Europe, Asia, and the Middle East, including:
- American Arbitration Association (AAA)
- Cairo Regional Centre for International Commercial Arbitration (CRCICA)
- China International Economic and Trade Arbitration Commission (CIETAC)
- Dubai International Arbitration Centre (DIAC)
- Hong Kong International Arbitration Centre (HKIAC)
- International Centre for Dispute Resolution (ICDR)
- International Centre for Settlement of Investment Disputes (ICSID)
- International Chamber of Commerce (ICC)
- London Court of International Arbitration (LCIA)
- North American Free Trade Agreement (NAFTA)
- Permanent Court of Arbitration (PCA)
- Singapore International Arbitration Centre (SIAC)
- Society of Maritime Arbitrators (SMA)
- Stockholm Chamber of Commerce (SCC)
- United Nations Commission on International Trade Law (UNCITRAL)
Why HKA
Lawyers and their clients trust in the insight and integrity of our experts, which is reflected in the professional standing of HKA in global rankings.
HKA is among the top three in the Global Arbitration Review (GAR) Expert Witness Power Index. The firm ranked third in this year’s Power Index, reflecting the firm’s strength in the international arbitration market achieved through organic growth and strategic acquisitions. The firm achieved a total claim value of over US$38 billion for this year’s rank, with an average claim of US$376 million.
The Power Index highlighted HKA’s strong performance in hearings, noting the firm shared first place for the highest number of commercial hearings, with 138 appearances. HKA also ranked second overall with 162 disaggregated hearings, and second in cross-examination hearings, with 133 appearances – reinforcing our reputation for credibility and consistency in arbitration proceedings.
By sector, HKA yet again topped the construction table with 62 hearings and shared first place in energy, oil, and gas-related hearings with 44.
Forty-four of HKA’s experts were also recognized in the Lexology Index 2025 Arbitration Expert Witness, including eleven Thought Leaders and four Global Elite Thought Leaders.
In international arbitration, clarity is critical. HKA helps clients cut through complexity with trusted analysis, multidisciplinary expertise, and a deep understanding of what matters — so they can move forward with confidence.
