Professional practice

Angeline is a commercial litigator with over 15 years of experience and specific expertise in international arbitration. She has appeared (unled) before the English Commercial Court, the English Court of Appeal and conducted substantial advocacy before both commercial and investment treaty arbitral tribunals. She has also appeared (led) before the Supreme Court and the Privy Council, as well as various courts in the Caribbean. In addition, Angeline has substantial experience in handling cases involving issues of public law, constitutional law and human rights law.

Prior to being called to the Bar in 2015, Angeline was Counsel and Solicitor Advocate with a major international law firm and consequently has a unique insight of the pressures and demands on instructing solicitors as well as significant experience of leading teams and strategy for large litigation cases. She has litigated a broad range of commercial disputes, including those in the energy, telecoms, financial, construction, manufacturing and shipping sectors, before the English courts, courts in the commonwealth and arbitral tribunals under the LCIA, HKIAC, ICC, ICSID, UNCITRAL and BVI IAC rules. Angeline also regularly sits as arbitrator.

In 2020, Angeline was recognised as a Global Leader for Arbitration by Who’s Who Legal, having been recommended for some time as both a Thought Leader and Leading Junior at the English Bar for arbitration. She is described in Chambers 2020 (UK and Global) as having an “impressive mastery of the details of the case and of technical legal arguments” as well as “[e]xtremely hands-on, approachable and a real team player.” Angeline was named as a ‘Star at the Bar’ by Legal Week in recognition of her “excellent judgement and leadership qualities” and not being frightened to tackle novel and difficult areas of law, or “to deal head-on with the more complicated aspects of a case”.

 

What Others Say

Chambers UK 2020 (Arbitration)

“An impressive mastery of the details of a case and of technical legal arguments.” “Extremely hands-on, approachable and a real team player.”

Chambers UK 2019 (Arbitration)

“She is doing excellent work and is a great member of the arbitration community” and “Very dedicated”.

Who’s Who UK Bar (Arbitration)

“a bright and efficient advocate” regarded as “a very strong up-and-coming name” in the international arbitration field.

Legal Week 2017

“She is…not frightened to tackle novel and difficult areas of law, or “to deal head-on with the more complicated aspects of a case,” with “excellent judgment and leadership qualities”.”

Who’s Who Future Leaders 2017 (Arbitration)

Angeline Welsh is “extremely knowledgeable and engaging”, and her “wealth of experience on complex cases allows her to gain client confidence easily”.

Chambers UK 2017 (International Arbitration: General Commercial & Insurance)

“Possesses a wide international arbitration practice, covering a range of commercial claims, including those concerning investment treaties and the energy, telecommunications and construction sectors. She is especially sought after for her expertise in handling disputes arising in emerging markets and in court proceedings related to arbitrations, such as enforcement of arbitral awards and anti-suit injunctions.”

Chambers UK 2016 (International Arbitration)

“Angeline Welsh is “immensely helpful,” according to clients, due to her “ability to put herself in the client’s situation when problem solving.””

Chambers UK 2015 (Administrative & Public Law)

“Angeline Welsh is an associate with growing expertise in the overlap between international arbitration and domestic public law. She has advised on judicial reviews in the Supreme Court and the Privy Council. Sources laud her as “a bit of a star. She’s a very good litigator with inexhaustible energy”.

Arbitration & related court applications

Angeline has acted as counsel (led and unled) in a range of complex arbitrations under a range of arbitral rules and has been instructed in commercial court cases. Her practice includes commercial arbitration across a range of sectors (including construction, energy, financial and telecoms disputes). She has particular expertise in emerging market jurisdictions and in handling commercial disputes against states.

Relevant cases include:

Commercial Arbitration

  • acting in the Belize courts on injunction and constitutional proceedings relating to the State’s attempts to prevent execution steps being taken in respect of arbitral awards enforced in the United States;
  • acting for British Caribbean Bank Limited on its successful claim against the Government of Belize under the UK Belize Bilateral Investment Treaty (PCA Case No 2010-18), including acting on related constitutional court proceedings and injunction proceedings;
  • acting for Dunkeld International Investment Limited in relation to a claim against the Government of Belize under the UK-Belize Bilateral Investment Treaty (PCA Case Nos 2010-13 and 2010-21) including acting on related injunction proceedings;
  • acting for Dunkeld International Investment Limited in relation to a claim against the Government of Belize for expropriate of the right to arbitrate following the enactment of legislation criminalizing the pursuit of arbitration proceedings;
  • acting on AES Corporation and Tau Power B.V. v Kazakhstan (ICSID Case No. ARB/10/16);
  • acting for an oil and gas company on a large, complex dispute relating to a construction project in the Caspian Sea conducted on an expedited basis under the LCIA Rules;
  • acting for BG Group and Reliance Industries in an UNCITRAL arbitration claim against the Union of India in relation to oil fields in the Mumbai basin;
  • acting for an investment bank in a successful UNCITRAL arbitration claim against a real estate development company in India, and assisting with enforcement proceedings in the US and England and Wales;
  • acting for Lloyds Banking Group in an LCIA arbitration against Standard Life Aberdeen over the management of £100 billion in assets;
  • acting in the Belize courts on injunction and constitutional proceedings relating to the State’s attempts to prevent execution steps being taken in respect of arbitral awards enforced in the United States;
  • acting for British Caribbean Bank Limited on its successful claim against the Government of Belize under the UK Belize Bilateral Investment Treaty (PCA Case No 2010-18), including acting on related constitutional court proceedings and injunction proceedings;
  • acting for Dunkeld International Investment Limited in relation to a claim against the Government of Belize under the UK-Belize Bilateral Investment Treaty (PCA Case Nos 2010¬13 and 2010-21) including acting on related injunction proceedings;
  • acting for Dunkeld International Investment Limited in relation to a claim against the Government of Belize for expropriate of the right to arbitrate following the enactment of legislation criminalizing the pursuit of arbitration proceedings;
  • acting on AES Corporation and Tau Power B.V. v Kazakhstan (ICSID Case No. ARB/10/16);
  • acting for an investment bank defending a tax warranty claim under the HKIAC arbitration rules;
  • acting for an oil and gas company in arbitration under the UNCITRAL Rules in a dispute against a provider of seismic survey work for breach of contract claim in Algeria;
  • acting for a satellite construction company in a successful LCIA arbitration in a dispute concerning an alleged anomaly in the satellite worth around U.S. $17 million;
  • representing a large corporate in an ICC arbitration concerning a dispute arising out of termination of an exclusive contract with a logistics provider for the European Region;
  • acting for a bank in an LCIA arbitration concerning allegations relating to the validity of a loan note, specifically the capacity of the borrower to enter into the loan note;
  • acting for telecommunications company in an LCIA arbitration against a state relating to a concession agreement raising issues related the legality of the taxation and regulatory regime;
  • acting for a bank and its holding company in an LCIA arbitration relating to a settlement agreement with a state entity, in particular concerning the legality of certain tax treatment advising on the dispute resolution options for foreign investors in Myanmar;
  • advising on insurance related dispute under the Swiss Rules of International Arbitration advising on dispute relating to closing accounts under the Swiss Rules of International Arbitration;
  • advising Asian clients on potential investment treaty claims, including under the ASEAN Comprehensive Investment Agreement, involving countries such as Indonesia and Myanmar.

Arbitration related court experience

Angeline has particular expertise in handling applications related to arbitration. She has advised on a range of court applications related to arbitration, including anti-suit injunctions, interim relief in support of arbitration and enforcement of arbitral awards.

Relevant cases include:

  • A and B v C, D and E [2020] EWCA Civ 409: acting for Third Respondent in case concerning whether the court had jurisdiction under s.44(2)(a) of the Arbitration Act 1996 to make an order against an individual compelling him to give evidence in support of a New York seated arbitration, notwithstanding he was not a party to the arbitration agreement;
  • A v B [2017] EWHC 503 (Comm): concerning circumstances in which a claim for enforcement of an arbitral award may be served by alternative service rather than under the Hague Convention;
  • AES Ust-Kamenogorsk Hydropower Plant LLP against Ust-Kamenogorsk Hydropower Plant JSC [2013] UKSC 35: acting as counsel for AES Ust-Kamenogorsk Hydropower Plant LLP against Ust-Kamenogorsk Hydropower Plant JSC in securing and defending an anti-arbitration injunction from the English Court obtained against a Kazakhstan state entity ([2013] UKSC 35);
  • BCB Holdings Limited v AG of Belize (CCJ Appeal No 7 of 2013): acting dvising on the first appeal before The Caribbean Court of Justice to consider the objections of arbitrability and public policy to the enforcement of an arbitral award (CCJ Appeal No. CV7 of 2012);
  • acting for the ICC in its intervention in the high profile English Supreme Court in Jivraj v Hashwani ([2011] UKSC 40) (concerning whether an arbitration agreement which specified that arbitrators must be of a particular religious faith was contrary to discrimination legislation and therefore unlawful, a case which had broader implications for the validity of arbitration clauses which commonly include nationality requirements.);
  • advising on a challenge to an arbitral award in the Delhi High Court (Union of India v Reliance Industries Ltd & Anor OMP 46 of 2012);
  • regularly advising on applying for and defending anti-suit injunctions, anti-arbitration injunctions, and applications for recognition and enforcement.
Commercial dispute resolution

Angeline has over 15 years’ experience litigating commercial disputes in a diverse range of industry sector and legal issues. She is experienced acting alone as sole advocate for interlocutory applications and trials, as well as forming part of a larger team with leading counsel. Given the international dimension of Angeline’s practice, she is used to assisting foreign lawyers in substantial overseas litigation and has experience of acting in disputes before the courts of the England and Wales, Belize and the Turks & Caicos Islands.

Representative examples include:

Court litigation

  • A and B v C, D and E [2020] EWCA Civ 409: acting for Third Respondent in case concerning whether the court had jurisdiction under s.44(2)(a) of the Arbitration Act 1996 to make an order against an individual compelling him to give evidence in support of a New York seated arbitration, notwithstanding he was not a party to the arbitration agreement;
  • A v B [2017] EWHC 503 (Comm): concerning circumstances in which a claim for enforcement of an arbitral award may be served by alternative service rather than under the Hague Convention;
  • FortisTCI Limited v Islandcom Telecommunications Limited [2014] UKPC 33: acting for FortisTCI Limited on its successful appeal to the Privy Council relating to license requirements for ISM devices;
  • AES Ust-Kamenogorsk Hydropower Plant LLP against Ust-Kamenogorsk Hydropower Plant JSC [2013] UKSC 35: acting as counsel for AES in securing and defending an anti-arbitration injunction from the English Court obtained against a Kazakhstan state entity;
  • BCB Holdings Limited v AG of Belize (CCJ Appeal No 7 of 2013): acting on the first appeal before The Caribbean Court of Justice to consider the objections of arbitrability and public policy to the enforcement of an arbitral award;
  • Jivraj v Hashwani [2011] UKSC 40: acting for the ICC in its intervention in the high profile English Supreme Court in (concerning whether an arbitration agreement which specified that arbitrators must be of a particular religious faith was contrary to discrimination legislation and therefore unlawful, a case which had broader implications for the validity of arbitration clauses which commonly include nationality requirements.);
  • Belize Bank Ltd v Association of Concerned Belizeans [2011] UKPC 35: appeal concerned with whether a document was properly construed as a loan or promissory note;
  • Belize Bank Ltd v Attorney General of Belize [2011] UKPC 36: appeal concerned whether public comments made by the minister of finance of Belize about perceived financial irregularities on the part of a bank but had also exercised his statutory obligation to appoint members of an administrative appeal board to determine an appeal concerning those perceived irregularities;
  • Attorney General of Belize v Belize Telecom Limited [2009] UKPC 10: one of the leading cases on implied contractual terms

Arbitration

  • Acting for Lloyds Banking Group in an LCIA arbitration against Standard Life Aberdeen over the management of £100 billion in assets;
  • Acting for an oil and gas company on a large, complex and expedited dispute relating to a construction project in the Caspian Sea;
  • Acting for BG Group and Reliance Industries in a long running dispute arising under production sharing contracts for the extraction of oil from oil fields in the Mumbai basin;
  • Acting for an investment bank in a joint venture dispute concerning an investment in a real estate development company in India, and assisting with enforcement proceedings in the US and England and Wales;
  • Acting for an investment bank defending a tax warranty claim under the HKIAC arbitration rules;
  • Acting for an oil and gas company in breach of contract claim with the provider of seismic survey work in Algeria;
  • Advising an oil and gas company in relation to a dispute with a Central Asian State;
  • Acting for a witness in a deposition taken in support of foreign proceedings;
  • Successfully setting aside a loan agreement and pledge agreement on the basis of extortion;
  • Acting for a satellite construction company in a dispute concerning an alleged anomaly in the satellite worth around U.S. $17 million;
  • Representing a large corporate in an ICC arbitration concerning a dispute arising out of termination of an exclusive contract with a European distributor;
  • Acting for a bank in an LCIA arbitration concerning allegations relating to the validity of a loan note, specifically the capacity of the borrower to enter into the loan note;
  • Acting for telecommunications company in an LCIA arbitration against a state relating to a concession agreement raising issues related the legality of the taxation and regulatory regime;
  • Acting for a bank and its holding company in an LCIA arbitration relating to a settlement agreement with a state entity, in particular concerning the legality of certain tax treatment;
  • Advising on insurance related dispute under the Swiss Rules of International Arbitration advising on dispute relating to closing accounts under the Swiss Rules of International Arbitration.
Public & administrative law

Angeline has acted on a broad range of public law matters, before the English courts and the Caribbean and the ECtHR, including:

  • advising (with Jessica Simor QC) Open Society Foundation on the question of whether the Hungarian NGO Funding Law is in breach of EU Fundamental Freedoms and Charter Rights acting for Ahmet and Mehmet Altan in their applications to the European Court of Human Rights relating to their detention in Turkey;
  • acting for Human Rights Watch as intervener in Big Brother Watch & Others v United Kingdom (ECtHR Application No: 58170/13);
  • acting as junior counsel for FortisTCI Limited on its successful appeal to the Privy Council relating to license requirements for ISM devices (FortisTCI Limited v Islandcom Telecommunications Limited [2014] UKPC 33);
  • acting for British Caribbean Bank in a series of constitutional challenges in the Belize courts to legislation, including constitutional amendments, expropriating the bank’s loan and security interests in connection with the nationalisation of the main telecoms company in Belize – Belize Telemedia Limited;
  • acting for individuals in successful constitutional challenge before the Caribbean Court of Justice to legislation imposing severe penalties (imprisonment and large fine) for acting in breach of court orders injuncting arbitration proceedings (CV 8 of 2012);
  • acting for Bail for Immigration Detainees as intervener in Shepherd Masimba Kambadzi (previously referred to as SK (Zimbabwe)) (FC) v Secretary of State for the Home Department [2011] UKSC 23;
  • Belize Bank Ltd v Attorney General of Belize [2011] UKPC 36: appeal concerned whether public comments made by the minister of finance of Belize about perceived financial irregularities on the part of a bank but had also exercised his statutory obligation to appoint members of an administrative appeal board to determine an appeal concerning those perceived irregularities;
  • acting for Bail for Immigration Detainees as Intervener in R. (on the application of K) v Secretary of State for the Home Department [2009] EWCA Civ 219;
  • R. (on the application of Countryside Alliance) v Attorney General [2005] EWHC 1677 (Admin);
  • R. (on the application of Jackson) v Attorney General [2005] UKHL 56.
Public international law

Angeline, widely regarded one of the leading international arbitration juniors, has acted as counsel on investment treaty claims for both investors and States.

  • Angeline is currently acting for Montenegro in Addiko Bank AG v. Montenegro (ICSID Case No. ARB/17/35).
  • acting for British Caribbean Bank Limited on its successful claim against the Government of/J) Belize under the UK Belize Bilateral Investment Treaty (PCA Case No 2010-18), including acting on related constitutional court proceedings and injunction proceedings
  • acting for Dunkeld International Investment Limited in relation to a claim against the Government of Belize under the UK-Belize Bilateral Investment Treaty PCA Case Nos 2010—18), including acting on related injunction proceedings
  • acting on AES Corporation and Tau Power B.V. v Kazakhstan (ICSID Case No. ARB/10/16)
  • advising Asian clients on potential investment treaty claims, including under the ASEAN Comprehensive Investment Agreement, involving countries such as Indonesia and Myanmar

Angeline has acted as counsel in investment treaty claims and regularly advises on the structuring of investments in order to gain investment treaty protection. She led the team advising on three investment treaty claims against the Government of Belize arising out of the nationalisation of Belize Telemedia Limited which successfully settled.

Career

Matrix Chambers, Barrister, 2015 to 2020

Allen & Overy LLP, Trainee, Associate, Senior Associate, Counsel 2003 to 2015

Awards
  • Legal Week, “Star at the Bar”, 2017
  • Advised on the 2016 Myanmar Arbitration Act that led to Myanmar being awarded the 2016 GAR Award for jurisdiction that has made great progress
  • AES Ust-Kamenogorsk v UST-Kamenogorsk JSC, which established the right of an English court to grant an antisuit injunction before arbitration proceedings had been commenced named in the FT Innovative Lawyers Report 2014 as a “stand-out” entry
  • Work on the Jivraj v Hashwani Supreme Court intervention named in the FT Innovative Lawyers Report 2012 as highly commended
  • Work on protecting clients from Belize’s anti-arbitration legislation named in the FT Innovative Lawyers Report 2011 as a “stand-out” entry
  • Named as ‘runner up’ in the Assistant Solicitor of the Year category by The Lawyer 2011
  • Inaugural annual IBA Pro Bono and Access to Justice Award 2010.
Publications
  • Contributing author: The ICSID Convention, Rules and Regulations: A Practical Commentary (Elgar Publishing, 2019);
  • IBA Arb40, Editor for “Compendium of Arbitration Practice”, October 2017;
  • The Review of the Americas 2017, Global Arbitration Review: Enforcement of Foreign Arbitral Awards in Central America and the Caribbean, co-author with Luis Gonzalez Garcia;
  • Contributor to the 24th edition of Russell on Arbitration, 2015;
  • IBA Arb 40, Editor for Report on “The Current State and Future of International Arbitration: Regional Perspectives”, August 2015;
  • Kluwer blog: “The relationship between arbitrators and parties: is the pure status theory dead and buried?” 17 June 2011 (co-author with Matt Gearing);
  • The World Arbitration and Mediation Review, ITA: “The law applicable to the award of interest: A roadmap through the maze” 2011, Volume 5, No. 1;
  • Kluwer blog: “The Public Policy Exception – Is the Unruly Horse Being Tamed in the Most Unlikely of Places?”, 17 March 2011 (co-author with Matt Gearing);
  • Global Arbitration Review, (Vol. 5 Iss. 5): “UK: Jivraj v Hashwani – the interplay between arbitration and antidiscrimination legislation”, 27 October 2010 (co-author with Mark Mansell).
Education
  • University of Oxford, The Queen’s College, 1996 to 1999