Professional practice

C&P 2024Leading Silk 2024

Sam Wordsworth specialises in public international law and international arbitration. He is regularly instructed by Governments in international cases and has appeared before numerous international tribunals including the International Court of Justice and Tribunals constituted with respect to the Law of the Sea. He is a Visiting Professor teaching investment arbitration at Kings College, London and is regularly instructed as counsel in investment treaty disputes (he also sits as arbitrator in a limited number of disputes).

Notable cases as counsel that are in the public domain include: before the ICJ, Application of the Convention on the Elimination of Racial Discrimination (Armenia v Azerbaijan) (Azerbaijan v Armenia) (for Azerbaijan); Guatemala’s Territorial, Insular and Maritime Claim (for Belize); the Iran v USA cases concerning Alleged violations of the 1955 Treaty of Amity and Certain Iranian Assets (for Iran); the Ukraine v Russia case concerning alleged financing of terrorism and racial discrimination in Crimea (for Russia) (resigned from case, February 2022); the request for an Advisory Opinion concerning the decolonisation of Mauritius (for the UK); the Bolivia v Chile case concerning the obligation to negotiate access to the Pacific Ocean (for Chile) and the Chile v Bolivia case concerning the Silala river (for Chile); the Peru v Chile and Costa Rica v Nicaragua maritime boundary cases (for Chile, for Costa Rica); the cases concerning Certain Activities and the Road (for Costa Rica); Advisory Opinion concerning the Kosovo case (for the UK); the Diallo case (for Guinea); before the ITLOS and ad hoc tribunals, Advisory Opinion on Climate Change (for Belize); the Ukraine v Russia cases concerning Coastal State rights in the Black Sea and Detention of Naval Vessels (for Russia) (resigned from case, February 2022); the Mox plant case (for the UK), the Chagos Islands case Mauritius v UK (for the UK), the Kishenganga case (for Pakistan); before the Iran-US Claims Tribunal, Case A15 concerning Iranian property in the USA (for Iran); the European Court of Human Rights, Al-Skeini v UK, Al-Jedda v UK and Hassan v UK (for the UK), the Nada and Al Dulimi cases (for the UK); Hanan v Germany (for Rights Watch UK, intervening); before the UK Supreme Court, Argentum v South Africa (State immunity, for South Africa); Serdar Mohammed (concerning legality of UK detention operations in Afghanistan), Belhaj (concerning alleged complicity of the UK in torture); before the Singapore courts: Swissbourgh Diamond Mines and others v Kingdom of Lesotho (for Lesotho).

Sam Wordsworth advises regularly on international law matters, including questions concerning treaty interpretation, international watercourses, maritime boundaries, the Law of the Sea, investment treaty disputes, State immunity, sanctions, dispute settlement procedures. He is co- author of Halsbury’s Vol. 61 “International Law and Foreign Relations” and one of the co- authors of the forthcoming Oppenheim’s International Law 10th ed and the forthcoming Mustill & Boyd, International Commercial and Investment Arbitration, 3rd ed.

 

What others say

Chambers & Partners UK Bar 2024, Public International Law:

“He is one of the outstanding PIL lawyers – technically hugely proficient, consummately balanced and fair. His judgement always informs his expertise.” “He is a very accomplished advocate – very smooth and very convincing.”

Legal 500 UK Bar 2024, Public International Law:

A recognised leader in public international law.”

Legal 500 UK Bar 2023, International Arbitration: Counsel:

“Top of the game. And fantastic to work with.”

Legal 500 UK Bar 2023, Public International Law:

“Top of the game. And fantastic to work with.”

Chambers & Partners UK Bar 2022, Public International Law:

“He’s a reassuring and knowledgeable barrister.” “An international law specialist with a great intellect.” “He’s a real brain who is hard-working and on top of the detail in every issue. His cross-examination is masterful.”

Legal 500 UK Bar 2022, International Arbitration: Counsel:

“An outstanding senior in this area.”

Legal 500 UK Bar 2022, Public International Law:

“Sam is a first-class public international lawyer. His knowledge of the law is exceptional.”

Legal 500 UK Bar 2021, International Arbitration: Counsel:

“Stands out in the area of international arbitration, specifically investment disputes.”

Legal 500 UK Bar 2021, Public International Law:

“An obvious star. He stands out in the area of international arbitration, specifically in investment disputes.”

Chambers & Partners UK Bar 2021, Public International Law:

“The best of the best, the consummate advocate. He has the confidence of the international courts and tribunals, and is one of the most respected barristers at the Bar.”

“A very effective speaker with a controlled and confident style. He masters the technical questions and is a very dangerous cross-examiner.”

Chambers & Partners UK Bar 2018, International Arbitration:

“A superstar.”

Chambers & Partners UK Bar 2018, Public International Law:

“Extraordinarily knowledgeable in the PIL sphere. He is very thoughtful and will engage with problems in great depth.”

“A worthy opponent who has built a really impressive practice.”

Legal 500 UK Bar 2017, International Arbitration: Counsel:

‘A first choice for states and investors all around the world in BIT disputes.’

Legal 500 UK Bar 2017, Public International Law:

‘One of the very best barristers working in public international law with an excellent knowledge of the field.’

Legal 500 UK Bar 2016, International Arbitration:

“In investment treaty arbitration, he is one of the standouts.”

Legal 500 UK Bar 2016, Public International Law:

“States and corporations entrust him with their most important international law cases and he always delivers.”

Chambers & Partners UK Bar 2015, Public International Law:

“His academic prowess in addition to his practical experience makes him a prototype PIL lawyer. He is the crown prince in this area.”

“He’s fantastic – one of those PIL practitioners who is completely absorbed in the topic.”

Chambers & Partners UK Bar 2015, International Arbitration:

“He is effective, serious and responsive.”

Public international law

Instructed by various Governments and has appeared before the International Court of Justice and the International Tribunal for the Law of the Sea as well as various ad hoc tribunals. Cases in the public domain include:

ICJ: Application of the ICERD (Armenia v Azerbaijan) (Azerbaijan v Armenia): instructed by Azerbaijan.

ICJ: Guatemala’s Territorial, Insular and Maritime Claim (Guatemala/Belize): instructed by Belize.

ICJ: Alleged violations of the 1955 Treaty of Amity; and Certain Iranian Assets: instructed by Iran.

ICJ: Legal consequences of the separation of the Chagos Archipelago from Mauritius: instructed by UK.

ICJ: Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation): instructed by RF (withdrew from case in February 2022).

ICJ: Status and Use of the Waters of the Silala (Chile v. Bolivia): instructed by Chile ICJ.

Maritime delimitation (Costa Rica v. Nicaragua): instructed by Costa Rica.

ICJ: Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile): instructed by Chile ICJ: Certain Activities case; Construction of a Road case (Costa Rica v. Nicaragua, Nicaragua Costa Rica (for Costa Rica).

ICJ: Maritime dispute (Peru v. Chile): instructed by Chile.

ICJ: Accordance with International Law of the Unilateral Declaration of Independence of Kosovo: instructed by UK.

ICJ: Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russia): instructed by Russia (allegations of ethnic cleansing arising out of armed activities of August 2008).

ICJ: Aerial Incident at Lockerbie (Libya v UK): instructed by the UK Government (surrender of Libyan suspects).

ICJ: Ahmadou Sadio Diallo (Guinea v Democratic Republic of Congo): instructed by Guinea (diplomatic protection, claim of breach of shareholders’ rights and expropriation).

ICJ: Gabcikovo/Nagymaros Project (Hungary v Slovakia): instructed by Slovakia (international environmental law, necessity, law of treaties).

ICJ: Aerial Incident (Iran v USA): instructed by Iran.

Law of the Sea, Advisory Opinion on Climate Change: instructed by Belize.

Law of the Sea, Coastal State rights in the Black Sea (Ukraine v. Russian Federation) instructed by the RF (withdrew from case in February 2022).

Law of the Sea, Detention of three Ukrainian naval vessels (Ukraine v. Russian Federation) instructed by the RF (withdrew from case in February 2022).

Law of the Sea, establishment by the UK of a Marine Protected Area around the Chagos Archipelago (Mauritius v. UK) instructed by the UK.

Law of the Sea, international environmental law: Ireland v. UK (the MOX Plant case): instructed by the UK Government both before ITLOS and the Annex VII Tribunal (alleged pollution from the Sellafield site).

Law of the Sea; Barbados v. Trinidad and Tobago (maritime delimitation): instructed by Trinidad and Tobago.

Other: Iran v. USA: Case A15 (interpretation and application of Algiers Accords with respect to Iranian property in the USA): instructed by Iran.

Other: Ireland v. UK (confidentiality; access to information under Article 9 of the OSPAR Convention): instructed by the UK Government.

Other: Eurotunnel v. UK and France (concerning the Channel Tunnel) instructed by the UK Government.

Other: Pakistan v. India (Kishenganga Arbitration) instructed by Pakistan.

Other: Pakistan v. India (concerning the Baglihar hydroelectric power plant) instructed by Pakistan.

UNCC: Kuwait Airways v Iraq: instructed by Kuwait Airways.

Various cases before the ECJ, ECHR and English domestic courts, cases including:

Air Transport Association of America (and Ors) v. Secretary of State for Energy and Climate Change (CJEU, instructed by UK)

Elgafaji v. Netherlands (ECJ, instructed by UK)

Intertanko v. Secretary of State for Transport (ECJ, instructed by UK)Nada v. Switzerland (ECtHR, instructed by UK, intervening)

Al-Dulimi v. Switzerland (ECtHR, instructed by UK, intervening)

Hassan v. UK (ECtHR, instructed by UK) Al Skeini v. UK (ECtHR, instructed by UK) Al Jedda v. UK (ECtHR, instructed by UK)

Al Saadoon v. UK (ECtHR, instructed by UK)

Hanan v Germany (ECtHR, instructed by Rights Watch UK, intervening);

Argentum v South Africa (state immunity, instructed by South Africa)

Serdar Mohamed v. Secretary of State for Defence (legality of detention of suspected insurgents in Afghanistan)

Belhaj v. Right Hon. Jack Straw and Ors (alleged complicity in unlawful rendition and torture of Libyan nations)

Hussein v. Secretary of State for Defence (legality of UK military interrogation technique)

Equality and Human Rights Commission v. The Prime Minister and Others (legality of HMG Guidance on the Interviewing of Detainees Overseas, etc)

Al Bazzouni v. The Prime Minister and Others (legality of HMG Guidance on the Interviewing of Detainees Overseas, etc)

KTHY/CTA v. Secretary of State for Transport (legality of direct flights from UK airports to northern Cyprus)

R (Al Haq) v. Secretary of State for Foreign and Commonwealth Affairs and others (Legality of alleged UK acts in relation to Israel’s armed intervention in Gaza)

Hassan v. Secretary of State for Trade and Industry (licensing of arms for export to Israel);

Instructed by UK Government and various other States to advise on public international law matters.

Advises generally on various public and private international law issues, including maritime delimitation, environmental law issues and international watercourse law, immunities of states and heads of state, and ramifications of public international law in private law disputes and/or disputes involving one state only.

Investor-state Arbitration

Instructed as counsel on many UNCITRAL, SCC and ad hoc arbitrations, as well as in many ICSID arbitrations and arbitrations before the Iran/US Claims Tribunal.

Ongoing cases where instructed as counsel include: representing a South-East Asian state in challenge proceedings before the English courts; representing India in BIT claim and ongoing challenge proceedings concerning alleged interference with contractual rights (UNCITRAL); representing Qatar in a BIT case concerning alleged wrongful imprisonment and expropriation; representing Australia state in two multi-billion dollar mining claims under the ASEAN-Australia-New Zealand FTA; representing an investor in a claim against a Middle Eastern state; representing a UK investor in a BIT claim against Argentina (UNCITRAL); representing Jordan in an ICC arbitration.

Past cases include: representing Gesenu in Gesenu v Egypt (ICSID); representing Kazakhstan in Big Sky v Kazakhstan in (ICSID); representing Deutsche Bank in its claim against India (UNICITRAL); representing Australia in its defence to Philip Morris Asia’s BIT claim concerning Australia’s legislation on plain packaging of tobacco products (UNCITRAL); representing a UK national in a claim againt Georgia (SCC); representing Lesotho in a treaty claim concerning alleged expropriation of mining rights (UNCITRAL), and before the Singapore courts with respect to challenge proceedings); representing Jordan in an investment treaty claim concerning an alleged denial of justice, Alghanim v Jordan (ICSID); representing a Finnish national in a claim against Egypt (UNCITRAL); representing Pakistan in annulment proceedings (ICSID); Bayindir v Pakistan (ICSID); Impregilo v Pakistan (ICSID); claim against SE Asian state interfering with licenses of telecoms investor (UNCITRAL); expropriation of shipyard contracts by Ukraine (UNCITRAL); expropriation of contract rights by Asian state (UNCITRAL); US Oil Company v. Yemen (multi-billion dollar ICC arbitration, instructed by Yemen, including with reference to substantial claims for environmental damage); Basilea v. Johnson & Johnson (billion dollar claim for breach of license agreement).

Career

2011 Attorney General’s Panel, A

2010 Professeur Invité, Université de Paris, Paris X

2009 Visiting Professor, International Commercial and Investment Treaty Arbitration, Kings College London (formerly Visiting Senior Lecturer)

1998 Essex Court Chambers

1997 Call: Lincoln’s Inn

1994 Admitted to French Bar (avocat à la cour, barreau de Paris)

1991-97 Frere Cholmeley (now Eversheds), Paris: Solicitor/Avocat.à la cour. Practice primarily in international arbitration and public international law

Education

2000 LLM International Law (part time), LSE

1986 BA (First Class Hons in English), University College, London

Fluent French (written and oral)

Awards

1986 Morley Medal (for top first) and Ivor Evans Prize, University College, London