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

World Trade Organisation

  • Member of the Pool of Arbitrators of the WTO Multi-Party Interim Apeal Arbitration Arrangement
  • 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

  • Chair, European Union v. United Kingdom (Sandeel) arbitration under the Trade and Cooperation Agreement, PCA Case No. 2024-45.
  • 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