Arbitration, Trade Law and Investment

Arbitration

Experienced trade and investment arbitrator before WTO and in ICSID annulments

Trade Law

In-depth experience in negotiation of bilateral and plurilateral Free Trade Agreements

Expert Evidence

Provider of expert evidence to governments on trade and investment law obligations

Experienced Arbitrator

Arbitration under Trade Agreements

  • Chair, UK-Sandeel (European Union v. United Kingdom) under the Trade and Cooperation Agreement PCA Case No. 2024-45
  • Chair, China-Enforcement of Intellectual Property Rights, DS611, Appeal Arbitration under Article 25 Dispute Settlement Understanding
  • Member of the Pool of Arbitrators of the WTO Multi-Party Interim Appeal Arbitration Arrangement 2021-2025
  • Panellist arbitrating disputes between Members of the WTO
    – United States – Certain Measures Relating to the Renewable Energy Sector (WT/DS/510)
    – Ukraine – Anti-Dumping Measures on Ammonium Nitrate from Russia (WT/DS/493)
    – EU: Poultry Meat (China) (WT/DS/492)
  • Counsel appearing before WTO panels or WTO Appellate Body:
    – Indonesia – Importation of Horticultural Products, Animals and Animal Products (WT/DS477) (representing New Zealand as adviser)
    – US – Lamb Safeguards (WT/DS/177) (representing New Zealand as Lead Counsel)
    – US – Softwood Lumber – Article 21.5 (WT/DS264) (representing New Zealand as Lead Counsel)
  • Consultations phase of Australia – Apples (WT/DS367) (Lead Counsel)
  • Prepared or supervised preparation of New Zealand third party submissions to WTO panels and the Appellate Body in:
    – Australia – Tobacco Plain Packaging (WT/DS434/435/441/458/467) (panel stage)
    – US – Zeroing (WT/DS322)
    – EC – Biotech (WT/DS292)
    – Japan – Apples (WT/DS245)
    – EC – Geographical Indications (WT/DS174)
    – US – Wheat Gluten (WT/DS166)- Korea – Beef (WT/DS161)

Expert Evidence

  • Expert before the New Zealand High Court in New Zealand Steel Ltd v Minister of Commerce and Consumer Affairs CIV-2019-485-553 & CIV-2019-485-552 in the matter of the exercise of powers under the Dumping and Countervailing Duties Act 1988
  • Witness before the Waitangi Tribunal hearing on investment issues and the mixed ownership model as they relate to the freshwater inquiry (WAI 2358), 2012

Investment Arbitration

  • President of the ICSID ad hoc Annulment Committee in Smurfit Holdings B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/18/49).
  • President of the ICSID ad hoc Annulment Committee in LSG Building Solutions and Others v. Romania (ICSID Case No. ARB/18/19).
  • Member of the ICSID ad hoc Annulment Committee in Eurus Energy Holdings Corporation v. Kingdom of Spain (ICSID Case No. ARB/16/4).
  • Member of the ICSID ad hoc Annulment Committee in Alhambra Resources Ltd. and Alhambra Coӧperatief U.A. v. Republic of Kazakhstan (ICSID Case No. ARB/16/12)
  • Expert witness for the New Zealand Government before Waitangi Tribunal on investment obligations and interpretation of the Trans-Pacific Partnership Agreement (WAI 2522)
  • Author of the “International Arbitrations” Chapter of a major New Zealand arbitration text.

Negotiations

  • Managed and supervised legal input into New Zealand’s FTA negotiations
  • New Zealand Legal Counsel for New Zealand-Korea Free Trade Agreement, 2014
  • New Zealand Legal Counsel for the Trans-Pacific Strategic Economic Partnership Agreement among Brunei Darussalam, Chile, New Zealand and the Singapore, August 2004-June 2005
  • New Zealand Legal Counsel for New Zealand-Thailand Closer Economic Partnership Agreement, June-December 2004