Paul Barker

p.barker@doughtystreet.co.uk

Year of Call

2015
Paul Barker
Profile

Paul is a barrister specialising in International Arbitration and Public International Law. 

 

Paul has acted as counsel for governments and corporations in bilateral investment treaty and international commercial arbitrations under all the major rules (including ICSID, ICC, LCIA and UNCITRAL).  Paul’s general public international law experience includes an externship assisting the FCO legal advisors to the UK Mission to the United Nations.  Paul has also acted as tribunal assistant/secretary to Michael Moser (20 Essex Street) in several commercial and treaty arbitrations.  He is accredited as a tribunal secretary by the Hong Kong International Arbitration Centre (HKIAC).   

 

Paul’s cases and advisory work have involved a range of subject matters and sectors, including: foreign investment, commercial fraud, energy and natural resources, finance and banking, intellectual property, international trade, international human rights, joint ventures, law of the sea, sovereign immunity, sovereign debt, private international law and public international law.   

 

Prior to being called to the Bar, Paul practised international arbitration and public international law for over five years at Cleary Gottlieb Steen & Hamilton, the international law firm, where he acted in over a dozen investment treaty and commercial arbitrations and was a member of the counsel team for Greece that secured a landmark ICSID arbitration award on jurisdiction dismissing all claims arising out of Greece's 2012 sovereign debt restructuring (Poštová banka, a.s. and ISTROKAPITAL SE v Hellenic Republic (ICSID Case No. ARB/13/8)).  Paul also acted in proceedings relating to the sovereign immunity of State property.  

 

Paul has lectured on international investment law and arbitration at Stanford Law School in California and at City University of Hong Kong Law School, and has presented papers at arbitration conferences in the United States and Europe.  He was formerly a Visiting Fellow at the Lauterpacht Centre for International Law at Cambridge University.

 

Paul holds law degrees from Columbia University Law School in New York and Cambridge University.  He is a member of the Bars in England and New York.   

  

 

Please click here to access Chambers' dedicated international arbitration page.

Investment Treaty Arbitration

  • Theodoros Adamakopoulos and others v. Republic of Cyprus (ICSID Case No. ARB/15/49) — Member of counsel team to the Claimants in a mass claim arising out of the Eurozone financial crisis (Cyprus-Greece BIT).
  • Two parallel ad hoc investment treaty arbitrations concerning domestic criminal investigations against foreign investors, UNCITRAL Rules, seat: Singapore — Assistant to the Tribunal.
  • Cyprus Popular Bank Public Co. Ltd. v. Hellenic Republic (ICSID Case No. ARB/14/16) – Counsel for the Respondent State in an ICSID arbitration relating to the Eurozone financial crisis (Cyprus-Greece BIT) (until January 2016). 
  • Poštová banka, a.s. and ISTROKAPITAL SE v. Hellenic Republic (ICSID Case No. ARB/13/8) – Counsel for the Respondent in a landmark ICSID arbitration arising out of Greece’s sovereign debt restructuring (Slovakia-Greece BIT; Cyprus-Greece BIT).  Counsel for the Respondent in dismissed Annulment Committee proceeding (until January 2016). 
  • Yukos Universal Limited / Hulley Enterprises Limited / Veteran Petroleum Limited v. Russian Federation — Acted for the Respondent State in three joined UNCITRAL, PCA investor-State arbitrations arising out of the Yukos bankruptcy (Energy Charter Treaty), and in the successful annulment proceedings in Dutch courts (until January 2016).
  • Rosinvest v. Russian Federation – Acted for the Respondent State in an SCC investor-State arbitration relating to a distressed equity investment in the Yukos company (UK-Russia BIT). 
  • Investor v. State — Acted for the Respondent State in a UNCITRAL investor-State arbitration relating to a factory in a CIS State.  

International Commercial Arbitration

  • Talpa Global B.V. v. Star Media China, HKIAC arbitration, English law, seat: Hong Kong.
  • Renewable energy dispute between Chinese and Spanish corporates, ICC arbitration, CISG law, seat: Singapore.
  • US patent dispute between Taiwan and Chinese Corporates, HKIAC arbitration, Hong Kong law, seat: Hong Kong
  • Construction dispute between corporate and State, ICC arbitration, English law, seat: London.
  • Commercial dispute between Japanese and US corporates, ICDR arbitration, California law, seat: Japan.
  • Commercial dispute between corporate and State, ICC arbitration, English/Philippine law, seat: Philippines.
  • LCIA commercial arbitration seated in London — Counsel to the Claimant corporation in a billion-dollar bribery and corruption case concerning the Guinean iron ore industry.
  • SCC commercial arbitration seated in Stockholm — Acted for the Respondent State and State Entity (CIS) in a dry shipping dispute. 
  • LCIA commercial arbitration seated in London — Acted for the Claimant in a share option dispute. 
  • ICC commercial arbitration seated in Paris — Acted for the Respondent State (Africa) in an oil exploration rights dispute. 
  • ICC commercial arbitration seated in Paris — Acted for the Respondent corporation in a €265m technology dispute.  

Public International Law / International litigation

  • NML v. Republic of Argentina (Court of Appeal, Ghana) – Acted for the Defendant State in the sovereign immunity case of the Argentine warship ARA Libertad, in parallel with ITLOS proceedings in Hamburg. 
  • Republic of Argentina v. NML Capital, Ltd., No. 13-990 (U.S. Supreme Court; U.S. Second Circuit (NY)) – Assisted U.S. colleagues with international law submissions relating to whether discovery in aid of execution on property of a foreign state permitted under U.S. Foreign Sovereign Immunities Act.

Investigations

  • Citigroup LIBOR investigation – Member of Cleary Gottlieb counsel team defending multi-jurisdictional investigations by global regulators in the U.S., U.K., and Europe into the setting of LIBOR benchmark rates.

Qualifications and Appointments

 

LL.M. (James Kent Scholar), Columbia University Law School, New York

 

M.A., Emmanuel College, University of Cambridge

 

Visiting Fellow, Lauterpacht Centre for International Law, University of Cambridge

 

Stanford Law School, California: Guest Lecturer in International Investment Law and Dispute Settlement

 

City University of Hong Kong, Hong Kong SAR: Guest Lecturer in International Investment Law and Arbitration 

 

Associate Editor, International Investment Law and Arbitration (Brill Research Perspectives)

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