early 2016 at Westminster Hall, attended by my amazing and supportive wife Rachel, my totally awesome daughters Annabel, Clara and Miranda, and my ever supportive parents-in-law John and Carr. It was undoubtedly the proudest moment of my professional career, made even more special by sharing it with my family who have endured the sacrifices of an often-absent and overworked international arbitration advocate. Can you highlight some of the most notable cases you have worked on in international arbitration? Choosing specific cases from over 30 years of practice with countless cases as counsel and arbitrator is challenging. Some cases stand out as ‘firsts,’ like the first arbitration I ever argued which was in Cyprus, concerning whether sanctions against Iraq terminated obligations under a substantial contract or merely suspended them. Another early case involved advocating claims before the esteemed Karl-Heinz Bockstiegel, before whom I would later argue many cases and eventually sit with him as a coarbitrator. I will never forget successfully defending the UAE in treaty proceedings by demonstrating that the claimant did not possess the Italian nationality he claimed, despite Italy continuing to issue him passports. I also defended Azerbaijan in two cases with a combined claim value exceeding $2 billion. These cases settled after my cross-examination of the claimants’ trust director revealed he was operating the claimants’ investment companies illegally. This case also led to a unique dispute about whether the settlement was binding, requiring me to give evidence before the same tribunal where I was lead counsel—an extraordinary development. Another notable achievement was commencing the first-ever arbitration under the Energy Charter Treaty in 2001, and I have since conducted many of the subsequent 160 or so ECT cases. In one instance for a sovereign client, I successfully settled a substantial claim, only to later face allegations from a new government claiming I had conspired I will never forget successfully defending the UAE in treaty proceedings by demonstrating that the claimant did not possess the Italian nationality he claimed, despite Italy continuing to issue him passports. with the former administration to procure an illegal compromise. Surprisingly, the new government shortly thereafter appointed me as an arbitrator in an investor-state claim. In two high-value ICSID mining claims I initiated under an investment treaty, I was particularly pleased to convince a distinguished tribunal that “may” in an arbitration agreement meant “must,” based in part on a previous commercial case where I had also been counsel. No list of notable cases would be complete without mentioning my claims for a Ukrainian bank against Russia for expropriation following Russia’s 2014 invasion of Crimea. This was the first claim that resulted in an award finding Russia liable under the Ukraine-Russia bilateral investment treaty, ultimately awarding my client over $1.1 billion in compensation. All of these cases presented unique challenges, but none more so than a commercial arbitration against one of Russia’s largest banks. Despite numerous contracts we could not identify any specific breach, so we pleaded breach of an implied term and succeeded. Several billion dollars were at stake. I have been appointed as arbitrator on many cases both commercial and investor-state. Perhaps the most notable ongoing case involves a claim to a share of the value of the largest treasure cache ever found at sea. How do you handle the challenges posed by differing legal systems and jurisdictions in international arbitration? The practice of international arbitration is fascinating due to the many challenges presented by differing legal systems. In a typical case, there are parties, counsel, arbitrators, witnesses, and experts trained in diverse legal systems and accustomed to various dispute resolution practices. Experienced participants quickly adapt to the needs of the key WWW.LAWYER-MONTHLY.COM 13
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