Professional practice

Chambers and Partners 2020Legal 500 Leading Silk

Dan Sarooshi KC is a highly experienced advocate with a track record of success in high profile cases. He is a specialist in public international law (including particular expertise in State and diplomatic immunity cases in domestic courts), investment treaty arbitration, and constitutional and public law. He also has considerable experience in high value commercial litigation. He is a veteran of many cases 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, and Bahamas as well as in domestic employment tribunals. In the area of international law alone he has argued 20 cases in the past three years as advocate and counsel for States, international organisations, and corporations.

Dan is recognized as a leading expert in the fields of public international law, international arbitration, and constitutional and public law by the leading independent legal directories: Legal 500, Chambers & Partners, Best Lawyers UK, and Spears 500. These directories and associated client quotes say he has “superior skill and creativity as an elite advocate,”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”, “clearly one of the leaders at the Bar for public international law”, and “a precious commodity” “at the top of his game”. “His written and oral advocacy is exemplary. It was superb and won the day.” 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”. “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”, and as “a resourceful advocate he offered answers and avenues of recourse in situations where other UK counsel could offer none”.

His clients include 22 States (e.g. UK and USA), 19 international organizations, and corporations (e.g. BAT, Hitachi, Roche, and Tesco). Before taking Silk, he was a member of both the UK Attorney General (AG) Panel of Counsel for Public International Law cases and the AG Panel of Counsel for Constitutional and Commercial Law cases.

His standing in the field of international arbitration was recognised by his appointment by the UK-EU Withdrawal Agreement Joint Committee in Dec. 2020 to serve on the list of arbitrators to hear Brexit-related disputes arising from the UK-EU Withdrawal Agreement. In the area of international trade, he was in 2006 appointed as a Member of the WTO Dispute Settlement list of Panellists (jointly nominated by the UK and EU).

Examples of high profile cases include the following (for other cases, see headings below):

  • Acted as lead counsel for UAE against Qatar in the International Court of Justice. See, e.g. UN Web TV at: Please see here (Go to time at 1:10)
  • Successfully acted as lead counsel for USA in eight separate cases and appeals relating to US military bases in the UK, State immunity and employment claims.
  • Successfully acted as lead counsel for UK in Elgin Marbles – Parthenon Sculptures dispute.
  • Successfully acted for Exxon Mobil in a NAFTA (ICSID AF) arbitration against Canada.
  • Successfully acted for large-scale farmers in an ICSID arbitration against Zimbabwe.
  • Successfully acted as one of the lead counsel for Venezuela’s Central Bank in the Supreme Court/Court of Appeal case deciding control over c. $2 billion of gold in the Bank of England.
  • Successfully acted as one of the counsel for Gina Miller in the UK Supreme Court Brexit case.
  • Successfully acted as lead counsel for Iraq’s State Oil Organization in the Commercial Court, in leading commercial & State/Central Bank immunities case.
  • Successfully acted as lead counsel for the UK Government to obtain the discharge of freezing orders against 47 bank accounts of a foreign Embassy in London on State immunity grounds.
  • Successfully acted as lead counsel for UK in £27 million case in European C’t Human Rights.
  • Acted as lead counsel in the High Court for US military personnel/their families to enforce 12 US Judgments of c. $US775 million against Iran for its sponsorship of terrorist attacks.
  • Acted for Libya as one of the lead counsel in the landmark CA case which changed UK law on State immunity to allow Embassies generally to be sued by their employees.
  • Successfully acted for International Oil Pollution Compensation Fund 1971 – an international organisation headquartered in London – to obtain the dismissal on grounds of immunity of a US$60 million claim brought by a P&I Club.
  • Acted for BAT in the Court of Appeal in the multi-billion pound judicial review of the UK Government’s “plain packaging” regulation of cigarette sales.
  • Successfully acted in the Bahamian Supreme Court: the Government was held in breach of the Constitution and a Minister fined $150,000 for reading out private emails in Parliament.

 

Public international law

PUBLIC INTERNATIONAL LAW IN INTERNATIONAL COURTS AND TRIBUNALS:

  • International Court of Justice (“ICJ”): (1) Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates) for UAE as advocate and counsel. For oral advocacy by Professor Sarooshi KC in the International Court of Justice, see, e.g. UN Web TV at: Please see here (Go to time at 1:10); and see here (Go to time at: 40:38); (2) UK Libya (Provisional Measures) (Lockerbie Bombing/terrorism case) for UK working with Professor Rosalyn Higgins KC, later ICJ President; (3) Chad v. Libya for Chad working with Professor Higgins KC; (4) Slovakia v. Hungary for Slovakia working with Professor Higgins KC; & (5) East Timor (Portugal v. Australia) for Portugal working with Professor Higgins KC.
  • European Court of Human Rights: Nak Naftogaz Ukrainy UK, App. 62976/12 (for UK: £27 million case brought by Ukraine’s national gas supplier against the UK).
  • 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).
  • Law of International Organizations (IOs): advised and represented 15 IOs on a 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) drafted two treaties on privileges and immunities; (3) drafted three headquarters agreements; (4) advising on implications of economic sanctions; (5) advising on laws of France, India, South Africa, UK and US relating to IOs; (6) dissolution of IOs, including the 1971 IOPC Fund; (7) advising and representing IOs in contractual disputes and arbitrations (UNCITRAL and ad hoc); (8) advocacy for four IO secretariats before plenary organs comprised of Member States; (9) advising an international organization on litigation before the ICJ; (10) advocacy for five IOs in international employment disputes (involving ILOAT and ad hoc dispute systems), including drafting of appeal systems; (11) representing IOs in domestic courts; 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; IMO treaties; and environmental law. 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 SE Asian State on boundary issues relating to delimitation of its territorial sea and continental shelf, and Exclusive Economic Zone (“EEZ”) issues; (4) advised the State Attorney-General of Sarawak on the scope of Sarawak’s territorial sea and continental shelf, and associated petroleum exploration rights of the State; (5) advised a southern African State on its land and maritime boundary claims and associated treaty issues; (6) advised a north African State on its land boundary claims; (7) advised an East African State on territorial boundaries, EEZ, and oil & gas concessions; (8) 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; (9) re-drafted Terms of Business for Port of Salalah, involved commercial and environmental law and 14 maritime treaties (UNCLOS and IMO Conventions); (10) Advised a multinational corporation on the UNEP Basel Convention on the Control of Transboundary Movements of Hazardous Waste; and (11) advised Slovakia in ICJ case Slovakia v. Hungary: international environmental law and the law of treaties.
  • Economic sanctions: argued sanctions cases in international courts and in the English Courts and has a broad advisory practice advising clients on 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 against Iran in the English High Court arguing that US sanctions should preclude the English Court from ordering costs to be paid to the Government of Iran; (3) acting 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 number of entities designated by EU and UK sanctions as being subject to asset freezes to ensure de-listing; (5) advised a UN agency on various UN, EU, and UK financial sanctions regimes; and (6) advised a 250 year-old UK plc on UN, EU, and UK economic sanctions against Iran.

PUBLIC INTERNATIONAL LAW IN DOMESTIC COURTS:

  • UK Supreme Court: (1) R (Miller) UK [2018] AC 61, [2017] UKSC 5; (2) Taurus v. SOMO [2018] AC 690, [2017] UKSC 64 (for SOMO, Iraq’s Oil Ministry); (3) Rahmatullah v. Secretary of State for Defence [2013] 1 AC 614 (for UK Government); and (4) “Maduro Board” of the Central Bank of Venezuela (“BCV”) v. “Guaido Board” of BCV (ex parte The Bank of England), [2021] UKSC 57, [2022] 2 WLR 167 (recognition of foreign Heads of State under international and UK law; and Act of State).
  • English Court of Appeal: (5) Benkharbouche v. UK SoS (FCO) and Janah v. Libya [2016] QB 347 (for Libya: the Court of Appeal (affirmed by UK Supreme Court) changed UK law to permit Embassies to be sued by their employees; landmark State immunity case); (6) R (BAT) SoS (Health) [2018] QB 149 (for BAT in this multi-billion pound case against UK “plain packaging” cigarette packaging regulations where the challenge involved, inter alia, WTO law); (7) Taurus v. SOMO, Iraq Oil Ministry [2016] 1 Lloyd’s Rep 42 (for SOMO in landmark State/Central Bank immunities case); and (8) The Central Bank of Venezuela case [2021] WLR Civ 1 (CA) and before the Commercial Court [2020] EWHC 3317 (Comm)).
  • English High Court (HCt) / UK Employment Appeals Tribunal (EAT) / UK Employment Tribunal (ET): (9) three judgments in Heiser & Others Iran (HCt) [2019] EWHC 2074, [2019] EWHC 2073, and [2012] EWHC 2938 (for deceased/injured US military personnel and families seeking to enforce US Judgments worth c.$US775 million against Iran’s commercial assets; key State immunity case); (10) London Borough of Barnett v. AG & Others (SoS (FCDO) Intervening) [2021] 3 WLR 875, [2021] EWHC 1253 (Fam) (diplomatic and State immunities case refusing declaration of incompatibility sought by Local Authority against Diplomatic Privileges Act 1964 based on European Convention on Human Rights and the UN Convention on Rights of the Child); (11) Webster v. USA (ET) [2019] 10 WLUK 500 (successful State immunity case for USA relating to a US military base in the UK: employment claims dismissed); (12) Wright v. USA (ET) [2019] 10 WLUK 500 (successful State immunity case for USA relating to a US military base in the UK: employment claims dismissed); (13) successful representation of the USA in the appeal in Webster v. USA EAT [2022] EAT 92; (14) successful representation of the USA in the appeal in Wright v. USA EAT [2022] EAT 92; (15) Harrington v. USA (ET) 180 ILR 454 (2015) (successful State immunity case for USA relating to a US military base in the UK: employment claims dismissed); (16) Swan v. USA (ET) (2019) 3330976/2018 (successful outcome in State immunity case for USA relating to a US military base in the UK: employment claims dismissed); (17) Houghton v. USA ET Judgment Case No. 3321306/2019 (State immunity case for USA: successfully resisted application relating to service of process under State Immunity Act); (18) Chambers v. USA [2021] ET Cases No. 3318776/2019 & 3319503/201 (successful State immunity case for USA relating to a US military base in the UK: employment claims dismissed); (19) KIO v. Hard [2022] EAT 51 (EAT on whether the KIO forms part of Kuwait’s Mission in the UK and thus enjoys diplomatic immunities such that disclosure orders against KIO should be discharged); (20) successfully represented the USA in a disclosure-related application that resulted in the exclusion of 1200+ pages of documents in the ET case Chambers v. USA [2021] ET Cases No. 3318776/2019 & 3319503/2019; (21) case for EBRD in UK ET employment dispute (international organization immunity case settled on confidential basis); (22) Taylor v. KIO (ET) (State/diplomatic immunity case for KIO: ongoing); (23) Vithlani v. KIO (ET) (State/diplomatic immunity case for KIO: ongoing); (24) Hard v. KIO (ET) (State/diplomatic immunity case for KIO: ongoing); (25) Locke v. KIO (ET) (State/diplomatic immunity case for KIO: ongoing); (26) Theognosia v. Turkey (SoS (FCO) intervening) (HCt) (intervened on behalf of UK to obtain the discharge of freezing orders against 47 bank accounts of a foreign Embassy; State immunity case); (27) The Central Bank of Venezuela case (Commercial Court) [2020] EWHC 3317 (Comm)); (28) A v. B (a State) (HCt) [2018] 5 WLUK 366 (enforcement of UNCITRAL award against a State); (29) Progas v. Pakistan (HCt) [2018] EWHC 209, [2018] 1 CLC 126 (for Progas: challenge to UNCITRAL award; third party funding); (30) Ben Rafael v. Iran (HCt) [2015] EWHC 3203 (for family of diplomat killed in bombing of a US Embassy: seeking to enforce US Judgment c.$US75 million against Iran’s commercial assets; State immunity case); (31) Taurus v. SOMO (HCt) [2014] 1 All ER 942; (32) Gard v. IOPC Fund 1971 (HCt) [2014] 2 CLC 699 (international organization immunity case for IOPC headquartered in London resisting imposition of £60 million freezing order); (33) Gard v. IOPC Fund 1971 (HCt) [2014] EWHC 3369 (international organization immunity case obtaining discharge of claims/£60 million freezing order); (34) Congo (DRC) v. Blemain Finance (for Blemain: State/diplomatic immunity issues regarding DRC Embassy/Ambassador’s residence); (35) Wokuri v. Kassam (HCt) [2013] Ch 80 (diplomatic immunity case for Ambassador Kassam, Uganda: obtained eventual dismissal of employment claim); (36) Croatia v. Serbia (HCt) [2010] Ch 200 (for Serbia: State properties/SFRY succession); (37) Serbia v. Imagesat International (HCt) [2010] 2 All ER 571 (for Serbia: challenge to ICC Award); and (38) Shehabi v. Kingdom of Bahrain (alleged State hacking of persons in UK; State immunity, Judgment pending) and adjournment [2022] EWHC 397 (QB).
  • Hong Kong: (39) FG Hemisphere Congo [2011] HKCFA 41 (landmark State immunity and constitutional case involving China – Hong Kong relationship post hand-over).

In parallel with his litigation and advisory services, Dan is Professor of Public International Law at the University of Oxford (since 2006).

Dan has published four books: International Organizations and Their Exercise of Sovereign Powers (OUP) (2005), The United Nations and the Development of Collective Security (OUP) (1999), Responsibility and Remedies for the Actions of International Organizations (Hague Academy/Brill, 2014), and Issues of State Responsibility before International Judicial Institutions (2004). These books were awarded the American Society of International Law 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); 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”. He delivered the Hague Academy of International Law (HAIL) lectures on “Immunities of States and International Organizations in National Courts” in 2018, being prepared for publication in HAIL’s Recueil des cours. He served previously as Director of HAIL’s Centre of Research (English & French) in 2011, and as Director of Studies, HAIL, 2005.

International Arbitration

Acted in 30 investor-State arbitrations under ICSID, ICSID AF, ECT, ICC, LCIA, NAFTA, PCA, and UNCITRAL Rules, involving States (e.g., Canada, Croatia, Greece, Iraq, Kazakhstan, Montenegro, and South Korea) and international organizations (e.g. OECD) in relation to a wide variety of areas (agriculture, banking, construction, mining, oil & gas, property, renewable energy, ship building, steel, tax, and telecommunications). He teaches investment arbitration on an occasional basis at the University of Oxford. He has also acted in a number of high profile cases in the English Courts challenging and enforcing arbitral awards involving States, including the key case involving third party funders and security for costs where he was pitted against David Foxton KC (just before his appointment to the Commercial Court). Non-confidential cases include:

  • Korsgaard v. Croatia, PCA No. 2019-02 (for investor; large-scale property investment).
  • 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.

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: risks facing host States”, 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.

Constitutional and Public Law
  • “Maduro Board” of Central Bank of Venezuela (“BCV”) v. “Guaido Board” of BCV (ex parte Bank of England (“BOE”) (SoS (FCDO) Intervening): Supreme Court [2021] UKSC 57, CA [2021] 2 WLR Civ 1, and Comm. Court [2020] EWHC 3317 (control over c. $2 billion of gold held by BOE for BCV; HMG’s recognition of foreign Heads of State; and Act of State doctrine).
  • R (Miller) SoS (Exiting the EU) [2018] AC 61 (Supreme Court) (for Gina Miller in the Brexit case: whether Parliament or HMG could lawfully terminate UK membership in the EU).
  • R (British American Tobacco) SoS (Health) [2018] QB 149 (CA) (for BAT in multi-billion pound judicial review of the Government’s “plain packaging” regulation of cigarette sales).
  • Benkharbouche v. Sudan and Janah Libya (SoS (FCO) Intervening) [2016] QB 347 (for Libya in CA: Supreme Court upheld the declaration of incompatibility of ss. 4(2)(b) & 16(1)(a) of State Immunity Act made by the Court of Appeal).
  • SoS (FCO) and SoS (Defence) Rahmatullah [2013] 1 AC 614 (Supreme Court) (for UK in decision on constitutional law: judicial review and habeas corpus).
  • London Borough of Barnett v. AG (SoS (FCDO) Intervening) [2021] EWHC 1253 (Fam) (Diplomatic Privileges Act 1964 prevents enforcement action against diplomat parents).
  • STB and Bacon v. AG Bahamas (Bahamas Supreme Court) (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).
  • AB and CD v. AG of the British Virgin Islands and SoS (FCO) (BVIHCV20 19/006&4 0065 for individuals in this constitutional challenge against UK Government & AG of BVI in relation to breach of privacy caused by the imposition of a publicly accessible register of beneficial interests on the BVI).
  • Advised the State Attorney-General of Sarawak on the constitutionality of three Federal statutes concerning the territorial sea, continental shelf, and petroleum mining in Sarawak.
  • Rich and McCoy v. Cayman Islands Government and AG of Cayman Islands (ongoing).
  • SRG Public Utilities Commission & AG (Bahamas Supreme Court) (telecom regulation).
  • FG Hemisphere Congo (Sec. of Justice intervening) [2011] Hong Kong Court of Final Appeal 41 (constitutional relationship between China and Hong Kong post-handover).
  • Advised the UK Department for Transport on a variety of domestic public law issues arising from UK Government Covid-measures in relation to the operation of Eurotunnel and Eurostar services.
  • Advised the UK Government on potential judicial review proceedings regarding the multi-billion pound expansion of Heathrow
  • Advised Sir Philip Green in response to his naming by Lord Hain in the House of Lords in 2018 as the high-profile businessman in the NDA case of ABC v. Telegraph Media Group.
  • Advised Sir Philip Green in response to statements by MPs / Chair of the UK Parliament Work and Pensions Committee.
  • Advised Roche on its regulatory dispute with the EC and the European Medicines Agency.
  • Advised a foreign State on whether the judgment of its Constitutional Court given against the UK can be enforced by the English courts against HMG.
Employment Disputes

Dan Sarooshi KC regularly appears in the UK Employment Tribunal (ET) / Employment Appeals Tribunal (EAT) representing States and international organisations, and has successfully asserted their immunity from the Tribunals’ jurisdiction in various cases. He has represented and advised States (e.g. USA, Libya, and Kuwait) and intergovernmental organisations headquartered in London (e.g. the Commonwealth Secretariat, European Bank for Reconstruction & Development, and International Maritime Organisation) in 17 employment disputes before the EAT and ET. He has also successfully represented and advised five international organizations in international employment disputes (ILOAT and ad hoc dispute systems), and has drafted internal appeal systems for two international organizations.

Cases include:

  • Represented Libya in Benkharbouche v. Sudan and Janah Libya (SoS (FCO) intervening) [2016] QB 347 (Court of Appeal – affirmed by Supreme Court – changed UK law on State immunity so that foreign Embassies could now be sued by their employees).
  • Successfully represented the US Government before the Employment Appeal Tribunal (EAT) in the two appeal cases of Webster v. USA [2022] EAT 92 and Wright v. USA [2022] EAT 92 that saw dismissal of both appeals relating to State immunity.
  • Represented the Kuwait Investment Office (“KIO”) before the EAT in appealing an ET disclosure order: KIO v. Hard [2022] EAT 51.
  • Successfully represented the US Government in six separate Employment Tribunal cases: obtained dismissal of employment claims against the USA relating to its military bases in the UK on the basis of State immunity in Harrington v. USA180 ILR 454 (2015), Webster v. USA [2019] 10 WLUK 500, Wright v. USA [2019] 10 WLUK 500, Swan v. USA, Case No. 3330976/2018, and Chambers v. USA [2021] ET Cases No. 3318776/2019 & 3319503/2019; and Houghton v. USA, ET Case No. 3321306/2019.
  • Successfully represented the USA in a disclosure-related application that resulted in the exclusion of 1200+ pages of documents in the ET case Chambers v. USA [2021] ET Cases No. 3318776/2019 & 3319503/2019.
  • Representing the Kuwait Investment Office in three ongoing ET cases which concern State/diplomatic immunity: Hard v. KIO; Taylor v. KIO; and Vithlani v. USA.
  • Represented the European Bank for Reconstruction and Development in an employment dispute before the UK ET (case settled on confidential basis).
  • Represented Ambassador Kassam (Ugandan High Commission) in Wokuri Kassam [2013] Ch. 80 (diplomatic immunity case: obtained eventual dismissal of employment claim).
  • Providing a Legal Opinion to a retired Judge of the International Court of Justice for use in Japanese tax tribunal litigation relating to immunity of ICJ Judge pension arrangements.
World Trade Organization Law

Dan was 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 both at the University of Oxford where he is Professor of Public International Law and previously at University College London, University of London. He has represented and advised States and FTSE 100 companies as leading or joint counsel in a broad range of WTO/regulatory disputes and matters including:

  • Advised 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.
  • Advised 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.
  • Advised British American Tobacco in its regulatory dispute with the Australian Government in relation to the WTO case: Australia – Certain Measures Concerning Plain Packaging Requirements Applicable to Tobacco Products and Packaging, 28 June 2018, WT/DS435/R, WTO Panel Report (888 pages).
  • Advised, and represented, British American Tobacco in the regulatory/WTO case R (British American Tobacco) v. SoS for Health (Court of Appeal) [2018] Q.B. 149.
  • Advised 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.
  • Advised Tesco plc on its WTO/regulatory disputes: (i) With a State that was preventing the opening of 42 retail stores; and (ii) With a State that had imposed a “surcharge tax” on its operations.
  • Advised Roche on its regulatory dispute with the EC and EMA.
  • Advised 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.
  • Advised another global telecommunications corporation in its regulatory dispute with a WTO member State using the GATS and the GATT.
  • Advised the UN World Food Programme on a WTO member State’s obligations under the WTO subsidies agreement and the WTO Agreement on Agriculture.
  • Advised a large steel exporter to a State in South America on a dispute relating to application of the State’s anti-dumping law.
  • Advised the Commonwealth Secretariat on the GATS and Annex on Financial Services and their relationship with standards from the OECD, FATF, and Basel Committee.
  • Advised the government of Albania on the WTO compatibility of its proposed sale and privatisation for 120 million Euros of Albtelecom (the State-owned telecoms provider).
  • Advised a large steel exporter to a State in South America on a dispute relating to application of the State’s anti-dumping law.
  • Advised Hitachi (with Slaughter & May) on a regulatory investigation conducted by a multilateral development bank.
Arbitration Related Litigation and Commercial Litigation
  • Taurus SOMO, Iraq Oil Ministry (enforcement of UNCITRAL award, letters of credit, situs of debt, third party debt orders, and State/Central Bank immunities): Supreme Ct [2018] AC 690; CA [2016] 1 Lloyd’s Rep 42; Comm. Ct [2014] 1 All ER 942 & [2014] 1 Lloyd’s Rep. 432.
  • Banco Central de Venezuela v. Bank of England [2020] EWHC 3317 (Comm).
  • Heiser and 132 others Iran: litigation over 7 years relating to enforcement of c.$775 million US Federal Judgments against Iran’s commercial assets in the UK: [2019] EWHC 2074, [2019] EWHC 2073, and [2012] EWHC 2938.
  • A v. B [2018] 5 WLUK 366 (enforcement of UNCITRAL award against a State).
  • Progas v. Pakistan [2018] 1 CLC 126 (challenge to UNCITRAL award; first case to deal with third party funding of investment arbitration).
  • UCP v. Nectrus[2018] 1 WLR 3409 (investment services contract).
  • Ben Rafael and 6 others v. Iran [2015] EWHC 3203 (enforcement of a c.$75M US Judgment against Iran’s commercial assets in the UK).
  • Theognosia Turkey (SoS for FCO) 2016 (freezing order discharge).
  • Cruz City Unitech [2015] 1 All ER 305 (resisting enforcement of LCIA Award and discharge of “Chabra” freezing order).
  • Gard IOPC Fund [2014] 2 CLC 699 (loans, indemnities, & immunity).
  • Gard IOPC Fund [2014] 1 CLC 624 (freezing order discharge).
  • FG Hemisphere Congo & Others [2011] HKCFA 41 (enforcement of ICC awards).
  • Serbia Imagesat [2010] 2 All ER (Comm) 571 (challenge to ICC award, waiver, State succession, and non-justiciability).
  • Croatia v. Serbia [2010] Ch 2000 (property / SFRY succession issues).
  • Westpark Kingfisher Airlines. This case was heard in the Court of Appeal [2009] EWCA Civ.526; and Commercial Court [2008] EWHC 3233.
  • Acted as UK law expert for Grenfell Tower victims in US proceedings against the cladding manufacturers used on the Tower: Behrens et al. v. Arnonic et al. (US District Court, PA).
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

2013-18’: Counsel to the Crown (Public International Law)

2013-18’: Counsel to the 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

2006: Professor of Public International Law, University of Oxford

2005: Called to the Bar of England & Wales.

2004-06’: Assoc. Professor of Public International Law, University of Oxford

2003-04’: Herbert Smith Lecturer, Faculty of Law, University of Oxford

2001-04’: Of Counsel, City of London firm Tite & Lewis (with Ernst & Young)

2002-03’: Assoc. Professor, University College London, London University

1997-02’: Senior Lecturer (before that Lecturer), UCL, London University