Professor Dan Sarooshi KC

Professional practice

Dan Sarooshi K.C. is a specialist in public international law, investment treaty arbitration, and public and constitutional law. He also has considerable experience in high value commercial litigation.

He is an experienced advocate with a track record of success in high profile cases. He has argued over 100 cases as advocate and counsel for States, international organisations, and corporations in international courts (International Court of Justice, European Court of Human Rights, WTO, UN Tribunals), investment arbitrations (ICSID, ICSID AF, ECT, PCA, NAFTA, ICC, UNCITRAL, and LCIA), and the highest domestic courts in the UK, Hong Kong, BVI, and Bahamas as well as in domestic employment tribunals. His cases include:

Seven cases before the International Court of Justice (e.g. representing the UAE, UK, and Kuwait);
45 investor-State arbitrations for both States and investors under ICSID, ECT, ICC, LCIA, NAFTA, PCA, & UNCITRAL Rules; and
50 cases before UK and other national courts, including ten cases before the UK Supreme Court and Court of Appeal and eight cases for the US Government on sovereign immunity issues.

His clients include 25 States (e.g. UK and USA), 23 international organizations, and corporations (e.g. BAT, Exxon Mobil, Kuwait Investment Authority and Tesco).

Before being appointed King’s Counsel, he was a member of both the UK Attorney General Panel of Counsel for Public International Law cases and the AG Panel of Counsel for Constitutional and Commercial Law cases. Dan was appointed by the UK and EU to the panel of arbitrators appointed to hear Brexit-related disputes.

In parallel with his litigation and advisory services, he is Professor of Public International Law at the University of Oxford (since 2006). He joined the Oxford Law Faculty in 2003 and was in 2006 promoted to full Professor of Public International Law.

What others say

Legal 500, Chambers & Partners, Best Lawyers UK, Spears 500 & associated client quotes say:

He has “The finest legal mind of his generation particularly in matters of public and private international law and English law”, and “has the well-earned reputation to be counted among the finest in London”.
He “wins again and again and again”, is “a superstar”, “as good as they come”, has “a brilliant strategic mind and masterful advocacy”, “clearly one of the leaders at the Bar for public international law”, and “a precious commodity” “at the top of his game”.
“His recent cases include acting for the UK and the UAE in the ICJ … successfully representing the USA in four separate cases relating to US military bases in the UK, and acting for the UK in the Elgin Marbles/Parthenon Sculptures dispute.”
“Dan is spectacular on his feet and his knowledge is encyclopedic”, “His written and oral advocacy is exemplary. It was superb and won the day”, and is “a powerful advocate who is undeterred by difficult arguments; a real force in the field.” He has “superior skill and creativity as an elite advocate”, and is a “superb advocate”.
He is “an exceptional and experienced advocate armed with encyclopedic knowledge of international and investment law”, has “formidable advocacy skills” “whose articulation of public international law is second to none”, and is an “extremely bright advocate with a keen sense of strategy and excellent litigation instincts”.
His “masterful cross-examination and oral argument got us the win below and excellent briefing and oral argument secured the win on appeals”, he “combines immense intelligence” with “an excellent record of representing governments, international organisations and FTSE 100 companies” and has “a wealth of experience of appearing before international and domestic courts, including the ICJ and the English High Court”.
“Among the handful of the finest advocates at the Bar on matters of public and private international law.”
“Highly experienced before the International Court of Justice and other international tribunals, with the academic credentials and knowledge to inform strong litigation skills and persuasive ability.”
“Dan is unique in that he combines very deep knowledge of the law with vast negotiations and trial experience”. “He is a natural and easy leader of a team. Clients trust him with bet-the-country/company cases.”
He is “a dream to work with”, as “a resourceful advocate he offered answers and avenues of recourse in situations where other UK counsel could offer none”, and “He has the rare ability to combine academic rigour with commercial pragmatism.” (2025 C&P Admin & Public)

Cases in UK and other national courts

Maduro Board” of the Central Bank of Venezuela (“BCV”) v. “Guaido Board” of BCV (ex parte The Bank of England) [2023] AC 156 (deciding control over c. $2 billion of gold in the Bank of England: recognition of foreign Judgments and Heads of State; Act of State).
“Brexit case” R (Miller) UK [2018] AC 61 (for Ms. Miller: whether it was the UK Parliament or Government that in effect can terminate the UK’s membership of the European Union).
Taurus v. SOMO [2018] AC 690 (for SOMO: Iraq’s Oil Ministry: resisting recognition and enforcement of UNCITRAL award, letters of credit, situs of debt, third party debt orders, and State/Central Bank immunities).
Rahmatullah v. Secretary of State for Defence [2013] 1 AC 614 (for UK Government: constitutional law, judicial review and habeas corpus).
Kingdom of Bahrain v. Shehabi & Another (State immunity; alleged State hacking) (PTA being sought-pending).

ENGLISH COURT OF APPEAL:

Kingdom of Bahrain v. Shehabi & Another (State immunity; alleged State hacking) [2024] EWCA Civ 1158 – for Prof. Sarooshi KC’s oral advocacy before the LCJ in the Court of Appeal, see: Here and Here.
The Central Bank of Venezuela case [2021] WLR Civ 1 (CA) (see above).
R (BAT) SoS (Health) [2018] QB 149 (for BAT in this multi-billion pound case against UK “plain packaging” cigarette packaging regulations).
Benkharbouche v. UK SoS (FCO) and Janah v. Libya [2016] QB 347 (for Libya: landmark State immunity case);
Taurus v. SOMO, Iraq Oil Ministry [2016] 1 Lloyd’s Rep 42 (see above).
Westpark v. Kingfisher Airlines [2009] EWCA Civ 526 (contractual payments; liability; choice of law).

ENGLISH HIGH COURT (HCt) AND OTHER UK TRIBUNALS:

Shehabi & Another Bahrain [2023] EWHC 89 (HCt) (alleged State hacking of persons in UK; State immunity – under appeal)
Mr M A Yaqoob v International Maritime Organization: 2305412/2021 (for IMO; successful discharge of case on basis of Intergovernmental Organization Immunities under UK law).
Kuwait Investment Office v. Hard [2022] EAT 51 (for Kuwait’s sovereign wealth fund: status of wealth fund; diplomatic immunities).
English Premier League v. Manchester City Football Club (for Manchester City Football Club: provision of expert written & oral evidence in two hearings on various key interrelated issues of international law and public law).
Taylor, Hard, and Vithlani v. KIO, ET Judgment, 16 December 2022, Case number: 2202296/2019 and 2202597/2020 (Mr S Hard) 2201544/2020 and 2203724/2020 (Ms C Taylor) & 2202346/2020 (Mr P Vithlani) (for KIO: diplomatic immunities).
Theognosia Turkey (SoS (FCO) intervening) (HCt) (intervened on behalf of UK to obtain discharge of freezing orders on 47 Turkish Embassy bank accounts; State immunity).
Webster v. USA EAT [2022] EAT 92 (for USA: successful discharge of case on appeal on grounds of State immunity).
Wright v. USA EAT [2022] EAT 92 (for USA: successful discharge of case on appeal on grounds of State immunity).
London Borough of Barnett v. AG & Others (SoS (FCDO) Intervening) [2021] 3 WLR 875, [2021] EWHC 1253 (Fam) (diplomatic and State immunities case).
Chambers v. USA [2021] ET Cases No. 3318776/2019 & 3319503/2019 (for USA: successful discharge of case relating to US military bases in the UK on grounds of State immunity).
Congo (DRC) Blemain Finance (2020) (for Blemain: contractual issues; guarantees; DRC Embassy/Ambassador’s residence).
The Central Bank of Venezuela case (Commercial Court) [2020] EWHC 3317).
Heiser and 132 others v. Iran: acting for deceased/injured US military personnel and families in litigation over 7 years relating to recognition and enforcement of c.$775 million US Federal Judgments against Iran’s commercial assets in the UK leading to three judgments: [2019] EWHC 2074, [2019] EWHC 2073, and [2012] EWHC 2938.
Webster v. USA [2019] 10 WLUK 500 (for USA: successful discharge: State immunity.
Wright v. USA [2019] 10 WLUK 500 (for USA: successful discharge: State immunity.
Houghton v. USA, ET No. 3321306/2019 (for USA: successful discharge of application).
A v. B (a State) [2018] 5 WLUK 366 (Comm) (enforcement of UNCITRAL award).
Progas v. Pakistan [2018] 1 CLC 126 (Comm) (for Progas: challenge to UNCITRAL award; first case to deal with third party funding of investment arbitration).
UCP v. Nectrus[2018] 1 WLR 3409 (Comm) (investment services contract).
Swan v. USA, Case No. 3330976/2018 (for USA: successful discharge: State immunity.)
Cruz City v. Unitech [2015] 1 All ER 305 (Comm) (resisting recognition and enforcement of LCIA Award and discharge of “Chabra” freezing order).
Ben Rafael and 6 others v. Iran (HCt) [2015] EWHC 3203 (for family of diplomat killed in bombing of US Embassy: enforcement of US Judgment c.$US75 million).
Harrington v. USA 180 ILR 454 (2015) (for USA: successful discharge: State immunity.
Gard v. IOPC Fund [2014] 2 CLC 699 (Comm) (for IOPC Fund: resisting imposition of £60 million freezing order; loans, indemnities, & immunity).
Gard v. IOPC Fund [2014] 1 CLC 624 (Comm) (discharge of freezing order).
Taurus SOMO (HCt) [2014] 1 All ER 942 (see above).
Wokuri Kassam (HCt) [2013] Ch 80 (contractual issues; diplomatic immunity: obtained eventual dismissal of claim).
Croatia Serbia (HCt) [2010] Ch 200 (for Serbia: State properties/SFRY succession).
Serbia v. Imagesat International [2010] 2 All ER (Comm) 571 (Comm) (for Serbia: challenge to ICC award, waiver, State succession, and non-justiciability).
Westpark v. Kingfisher Airlines Commercial Court [2008] EWHC 3233 (contractual payments; liability; choice of law).
Locke v. Kuwait Investment Office (“KIO”) (ET) (for KIO: State/diplomatic immunities: successfully settled).
Hard v. KIO (ET) (for KIO: State/diplomatic immunities: successfully settled).
Taylor v. KIO (ET) (for KIO: State/diplomatic immunities: successfully settled).
Vithlani v. KIO (ET) (for KIO: State/diplomatic immunities: successfully settled).
Case for EBRD in UK ET employment dispute (international organization immunity case settled on confidential basis).

US DISTRICT COURT, PA: Acted as UK law expert for Grenfell Tower victims in US proceedings against manufacturers of cladding used on the Tower: Behrens et al v. Arconic.

HONG KONG COURT OF FINAL APPEAL: FG Hemisphere v. Congo & Others [2011] HKCFA 41 (landmark State immunity case; recognition and enforcement of ICC awards in Hong Kong on the basis of English law).

BAHAMAS SUPREME COURT: STB & Bacon v. AG Bahamas (Government held in breach of the Constitution and Minister fined $150,000 for reading out private emails in Parliament; scope and application of parliamentary privilege); and SRG v. Public Utilities Commission & AG (Bahamas Supreme Court) (telecom regulation).

EASTERN CARIBBEAN SUPREME COURT (BVI): AB and CD v. AG of the British Virgin Islands and SoS (FCO) (BVIHCV20 19/006&4 0065), Judgment dated 22 February 2022 (constitutional challenge against UK Government & AG of BVI for breach of privacy caused by the imposition of a publicly accessible register of beneficial interests on the BVI).

Public International Law in International Courts and Tribunals

International Court of Justice (“ICJ”):representing/advising States including the UK, UAE, Kuwait, Chad, Slovakia, and Portugal in (1) Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem; (2) Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates); (3) Obligations of States in respect of Climate Change; (4) UK Libya (Provisional Measures) (Lockerbie bombing) (working with Prof. Higgins QC, later to become ICJ President); (5) Chad v. Libya; (6) Slovakia v. Hungary (working with Prof. Higgins QC); & (7) East Timor (Portugal v. Australia) (working with Prof. Higgins QC).
World Trade Organisation: various cases including Australia – Measures Concerning Plain Packaging Requirements Applicable to Tobacco Products and Packaging, 28 June 2018, WT/DS435/R, WTO Panel Report (888 pages) (for British American Tobacco). Dan was also appointed in 2006 as a Member of the WTO Dispute Settlement list of Panellists (jointly nominated by the UK and EU). He has taught WTO Law at the graduate level since 1997; and has represented and advised States and FTSE 100 companies in a broad range of WTO/regulatory disputes and matters including: (1) the UK Trade Remedies Authority (TRA) on various aspects of a key TRA policy having regard to WTO law and related UK law and regulations; (2) the UK Government on: (i) proposed Transatlantic Trade and Investment Partnership (TTIP) negotiated by the EU and the USA; (ii) Proposed EU Regulations and Directives aimed at preventing future crises in financial markets and evaluating their compatibility with the EU/UK’s obligations under the WTO; (iii) the scope and application of the WTO Subsidies Agreement; (iv) the scope and application of the Aircraft Sector Understanding; and (v) the OECD Arrangement on Officially Supported Export Credit; (3) British American Tobacco in the domestic case of R (British American Tobacco) v. SoS for Health (Court of Appeal) [2018] Q.B. 149; (4) Reuters using WTO law on its WTO/regulatory disputes: (i) with a State using the WTO GATS and competition law; and (ii) with a State that subsequently led to amendment of a draft Financial Services Reform Bill; (5) Tesco plc on its WTO/regulatory disputes with States: (i) that was preventing the opening of 42 retail stores; and (ii) that had imposed a “surcharge tax” on its operations; (6) Roche on its regulatory dispute with the EMA; (7) a global telecommunications corporation in its regulatory and competition disputes with three separate WTO members using the WTO General Agreement on Trade in Services (GATS), Telecoms Agreement, and competition law; (8) another global telecommunications corporation in its regulatory dispute with a WTO member State using the GATS and the GATT; (9) the UN World Food Programme on a WTO member State’s obligations under the WTO subsidies agreement and the WTO Agreement on Agriculture; (10) a large steel exporter to a State in South America on a dispute relating to application of the State’s anti-dumping law; (11) the Commonwealth Secretariat on the GATS and Annex on Financial Services and their relationship with standards from the OECD, FATF, and Basel Committee; (12) Albanian government on the WTO compatibility of its privatisation of Albtelecom (State-owned telco); & (13) Hitachi (with Slaughter & May) on a regulatory investigation by a multilateral development bank.
European Court of Human Rights: various cases including Nak Naftogaz UK, App. 62976/12 (for UK: £27 million claim brought by natural gas supplier).
UN Special Tribunal for Lebanon (anti-terrorism): Prosecutor v. Ayyash et. al., 2012, STL-11-01/PT/TC (for UN Prosecutor).
Elgin Marbles – Parthenon Sculptures: Greece v. UK (for UK: case relating to Greek claims for the return of the Elgin Marbles: involved State succession/UNESCO treaties).
International Organizations (IOs)/International Administrative Law: advised and represented 22 separate IOs on a very broad range of legal issues including, e.g.: (1) advising four IOs on their constituent treaties, and the scope of their powers and rights vis-à-vis those of Member States; (2) worked with Secretariats of three separate IOs to draft and advise on three Headquarters Agreements, and in one case negotiating its terms on behalf of an organisation with a host State; (3) drafting two treaties on privileges and immunities for two IOs; (4) advising an IO on litigation before the International Court of Justice; (5) representing two IOs in UK domestic litigation relating to immunities; (6) advising five IOs on implications of various multilateral economic sanctions regimes; (7) advising six IOs on implications of laws in France, India, South Africa, UK and US as they affect IOs; (8) dissolution of IOs, including working with 1971 Fund based in London to wind up its activities; (9) advising and representing IOs in a variety of contractual disputes and arbitrations (UNCITRAL and ad hoc); (10) advocacy for four IO secretariats before plenary organs comprised of Member States; (11) advocacy for six IOs in international employment disputes (involving ILOAT and ad hoc dispute systems), including drafting of appeal systems, and representing IOs in domestic courts (see section below); and (12) provision of a Legal Opinion to a retired Judge of the International Court of Justice relating to UN pension arrangements for filing in legal proceedings before a State’s tax tribunal.
Boundaries, State succession, Law of the Sea, and Environmental Law: advised and represented States and corporations in matters involving land and maritime boundaries and baselines; oil and gas concessions; State succession issues and related boundary questions in several international cases & arbitrations involving the former Soviet Union, the SFRY, the FRY, and the State Union of Serbia and Montenegro; UN Convention on Law of the Sea; costal States rights; and IMO treaties. Examples include: (1) advised Chad on territorial boundaries in ICJ case Chad v. Libya; (2) advised the UK on its UK maritime boundaries and baselines; (3) advised a southern African State on its land and maritime boundary claims and associated treaty issues; (4) advised a north African State on its land boundary claims; and (5) represented a private client in an ad hoc shipping arbitration, involving, e.g., the EEZ regime established by UNCLOS, and the content of the State’s rights within the EEZ.
International environmental Law: advised and represented States and corporations in matters involving oil and gas concessions, environmental law, and relevant treaties. Matters include: (1) representing the State of Kuwait in the International Court of Justice Advisory Opinion case relating to Climate Change (see above) (2) Exxon Mobil Canada, ICSID Case No. ARB(AF)/15/6 (for Exxon Mobil); (3) International Court of Justice case Slovakia v. Hungary (international environmental law and the law of treaties); (4) Gard v. International Oil Pollution Compensation Fund [2014] 2 CLC 699 (represented in this case the International Oil Pollution Compensation Fund – an intergovernmental organisation headquartered in London that mitigates the effects of oil pollution); (5) advised an oil and gas producing State on COP 28 negotiations; (5) advised the UK Government on various environmental law issues under treaties; (6) advised the State Attorney-General of Sarawak on petroleum exploration rights of the State and related environmental issues; (6) advised a SE Asian State on boundary issues relating to delimitation of its territorial sea and continental shelf, and Exclusive Economic Zone issues; (7) advised an East African State on oil & gas concessions, and environmental matters arising under relevant treaties; (8) re-drafted Terms of Business for Port of Salalah (Oman), taking into account applicable environmental & commercial law and 14 maritime treaties (IMO & UNCLOS Conventions); (9) Advised a multinational corporation on the UNEP Basel Convention on the Control of Transboundary Movements of Hazardous Waste; and (10) advising the International Oil Pollution Compensation Funds on the establishment of the hazardous and noxious substances (“HNS”) Fund to mitigate the effects of HNS pollution.
Economic sanctions: experience of a broad range of sanctions matters under United Nations, European Union, and UK sanctions regimes imposed against States including Colombia, Iran, Iraq, Libya, and Sudan. For example: (1) represented and advised the US Government in relation to several cases in the English courts involving US sanctions; (2) represented US clients in Heiser v. Iran (High Court) on why US sanctions should preclude the English Court from ordering costs to be paid to Iran; (3) acted in an LCIA arbitration concerning an EU asset freeze regime (issues include, e.g., shareholders agreements and the continued operation of companies); (4) advised a UN agency on various UN, EU, and UK financial sanctions regimes; and (5) advised a 250 year-old UK plc on UN, EU, and UK economic sanctions against Iran.

Earlier in his career, Dan published four books on international law which were awarded the American Society of International Law Book Prize twice (2001 and 2006), 1999 Swiss Guggenheim Prize, and 2006 US Myres McDougal Prize. He is General Editor and author with former ICJ Judge Sir Christopher Greenwood of Oppenheim’s International Law (forthcoming: 10th ed., OUP); served previously as joint General Editor of the Oxford University Press series Oxford Monographs in International Law; and has authored over 50 articles/chapters, including the 125 pp. co-authored chapter with Judge Dame Rosalyn Higgins (former ICJ President) entitled “Institutional Modes of Conflict Management”. Delivered the Hague Academy of International Law lectures on “Immunities of States and International Organizations in National Courts” in 2018; elected in 2008 to the “Executive Council” of the American Society of International Law; and Trustee of the British Institute of International & Comparative Law.

International arbitration

Acted as counsel or expert in over 45 investor-State arbitrations under ICSID, ICSID AF, ECT, ICC, LCIA, NAFTA, PCA, and UNCITRAL Rules, representing Claimants and States in relation to a variety of areas (agriculture, banking & financial regulation, construction, insurance, mining, oil & gas, property, renewable energy, ship building, steel, tax, and telecommunications). He teaches investment arbitration at the University of Oxford. Non-confidential cases include:

TMA v. Philippines, ICSID (for investor; large-scale printing business).
Next Era Energy Global v. Spain (Federal Court of Australia Proceeding No. NSD415/2023) (enforcement of ICSID Award).
9REN v. Spain (Federal Court of Australia Proceeding No. NSD365/2020) (enforcement of ICSID Award).
Watkins v. Spain (Federal Court of Australia Proceeding No. NSD449/2020) (enforcement of ICSID Award).
Blasket Renewable Investments LLC v. Spain (Federal Court of Australia Proceeding No. NSD2169/2019) (enforcement of ICSID Award).
Andraous v. Netherlands, UNCITRAL (for investor; insurance companies).
Korsgaard v. Croatia, PCA No. 2019-02 (for investor; large-scale property investment).
Mammoet v. Basrah Oil, ICC Case No. 23878/AYZ (for SOC Basrah Oil Company).
Gold Pool JV Ltd v. Kazakhstan, PCA Case No. 2016-23 (for investor; concession granted by government in relation to gold mining).
MNSS and RCA Montenegro, ICSID Case No. ARB(AF)/12/8 (for investor; concession granted by government in relation to only steel plant in Montenegro).
Exxon Mobil Canada, ICSID Case No. ARB(AF)/15/6 (NAFTA) (concession granted by government in relation to oil exploration and exploitation).
Safa v. Greece, ICSID Case No. ARB/16/20 (for Greece; concession granted by government in relation to naval shipyards).
Imagesat InternationalV. v. Serbia, ICC arbitration, Case No.14839/FM (for Serbia).
Murphy Oil Ecuador, ICSID Case No. ARB/08/4 (for investor; concession granted by government in relation to oil exploration and exploitation).
Sempra Energy Argentina, ICSID Case No. ARB/02/16 (for investor; concession granted by government in relation to oil exploration and exploitation).
Bernhard von Pezold Zimbabwe, ICSID Case No. ARB/10/15 (for investor; large scale agricultural farming).
Border Timbers Zimbabwe, ICSID Case No. ARB/10/25 (for investor; large scale agricultural farming).
KS Invest GmbH & TLS Spain, ICSID Case No. ARB/15/25.
Surfeit Harvest Investment Ltd v. Taiwan, PCA (for investor; loss of rights of management and control over a commercial bank/provision of financial services).
Advised the UK on the proposed Transatlantic Trade and Investment Partnership (TTIP)
Advised the UK on potential investment claims arising from expansion of Heathrow airport.
Advised a bank on investment claims against a State in South East Asia.
Advised the UK on arbitration-related issues arising from UK Government Covid-measures in relation to the operation of Eurotunnel and Eurostar services.

Dan was appointed by the UK and EU to the panel of arbitrators appointed to hear Brexit-related disputes. He has authored several publications including “The resolution of investment disputes by arbitration”, 33 (1) Butterworths Journal of International Banking and Financial Law (“BJIBFL”) (2018) 12; “Investment treaty arbitration and WTO Dispute Settlement”, 49 Texas International Law Journal (2014) 445; “Provisional Measures and Investment Treaty Arbitration”, 29(3) Arbitration International (2013); & “When international financial institutions arbitrate: what law governs investment treaty arbitration?”, 27 BJIBFL (2012) 612.

Career

2020: Appointed by UK & EU to list of arbitrators to decide Brexit disputes

2020: Called to the Bar of the Eastern Caribbean Supreme Court (BVI)

2018: Appointment as Queen’s Counsel (renamed as King’s Counsel)

2013-18’: Appointed by UK Attorney-General as Counsel to Crown (Public International Law)

2013-18’: Appointed by UK Attorney-General as Counsel to Crown (Commercial & Constitutional Law)

2017: Called to the Bar of The Bahamas (ad hoc basis)

2012: Senior Research Fellow, The Queen’s College, Oxford

2011: Called to the Bar of Hong Kong (ad hoc basis)

2009: Called to the Bar of The Bahamas (ad hoc basis)

2006: Appointed as Member, WTO Dispute Settlement list of Panellists.

2006: Member, Essex Court Chambers