Hussein Haeri

Partner and Co-Head of International Arbitration

  • Education: McGill University, B.A. Hons, Political Science, International Development Studies, Economics, 2002 • London School of Economics, LLM, International Business Law, 2005
  • Admitted: England and Wales, 2008
  • Languages spoken: Arabic • French
  • Year joined: 2014
  • Year became partner: 2014

Overview

Hussein is a Partner at Withers and a specialist in international arbitration and public international law. Hussein advises and represents governments, corporations, individuals and international organisations on international arbitration (commercial and investment treaty), public international law and international dispute resolution matters around the world. He practiced law in New York and Paris before returning to London where he is a Solicitor of the Senior Courts of England and Wales. 

He frequently acts as counsel and advocate in contentious matters, including in international arbitrations under ICSID, UNCITRAL, LCIA, ICC and SCC Rules, as well as ad hoc arbitrations. He has served as counsel in State-State proceedings before the International Court of Justice and in national courts, including the courts of England and Wales, on international law issues.

Hussein's public international law practice includes advising on international investment law, treaty and legislation drafting and interpretation, sovereign immunity, energy and natural resources, human rights, international humanitarian law, sanctions and the law of the sea.

Hussein has taught international arbitration and international law to graduate students at Kings College London and University College London in London and at Sciences Po and the University of Versailles in Paris. 

Hussein also regularly provides training on international law and international arbitration to Governments and international organisations.   

Hussein is 'acknowledged for his "leadership qualities"'. (Legal 500 2014)

He is described as 'a rising star in the fields of investment arbitration and public international law'. (GAR 100 2014)

Additionally, he is also described as 'a name that is destined to join the pantheon of stars in the international arbitration arena'. (Legal Business Disputes Yearbook 2015)

Highlights

International arbitration highlights

  • A11Y LTD v Czech Republic Counsel of the Claimant in an ICSID-administered UNCITRAL arbitration related to assistive technologies.
  • Ossama Al Sharif v Arab Republic of Egypt Counsel of the Respondent in three ICSID arbitrations related to a terminal project, a customs system project and a port development project;
  • ATA Construction v The Hashemite Kingdom of Jordan Counsel of the Claimant in an ICSID arbitration related to a dam construction agreement;
  • Indorama International Finance Limited v Arab Republic of Egypt Counsel of the Claimant in an ICSID arbitration related to a textile factory;
  • GEA Aktiengesellschaft v The State of Ukraine Counsel of the Respondent in an ICSID arbitration related to a petrochemical manufacturing agreement;
  • MHS Berhad v Malaysia (annulment phase) Counsel of Malaysia in an ICSID annulment related to a diving and salvage concession;
  • EVN AG v The Republic of Macedonia Counsel of the Respondent in an ICSID arbitration involving issues of expropriation, the Energy Charter Treaty and bilateral investment treaties related to a concession agreement for electricity distribution;
  • Barmek v The Republic of Azerbaijan Counsel of the Respondent in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a concession agreement for electricity distribution;
  • Impresa Grassetto v Republic of Slovenia Counsel of the Respondent in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a highway construction project;
  • Karmer Marble Tourism Construction Industry and Commerce Limited Liability Company v Georgia Counsel of the Claimant in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a highway construction and casino hotel services concession agreement;
  • Energy companies v Asian State Counsel of the Claimants in an UNCITRAL arbitration involving issues of expropriation and bilateral investment treaties related to a major energy import terminal;
  • Individual v Asian State Counsel of the Claimant in an UNCITRAL arbitration involving issues of expropriation and bilateral investment treaties related to a major energy import terminal;
  • European defence manufacturer v African defence manufacturer Counsel of the Respondent in an ICC arbitration involving issues of breach of contract related to intellectual property rights;
  • Joint venture company v Russian transport company Counsel of the Claimant in an LCIA arbitration involving issues of breach of contract related to a transportation business;
  • Consortium of energy companies v African State Counsel of the Claimants in an UNCITRAL arbitration involving issues of expropriation and breach of contract related to a pipeline project;
  • Laskaridis v. The State of Ukraine Counsel of the Respondent in an UNCITRAL arbitration under the aegis of the Permanent Court of Arbitration involving issues of expropriation and bilateral investment treaties related to shipyard and boatbuilding contracts;
  • Swisslion v The Republic of Macedonia Counsel of the Respondent in an ICSID arbitration related to a food factory; and
  • Adria Beteiligungs v The Republic of Croatia Counsel of the Respondent in an UNCITRAL arbitration under the aegis of the Permanent Court of Arbitration related to a gaming concession agreement.

Public international law highlights

  • Ecuador v Colombia (Aerial Herbicide Spraying) Counsel of Colombia in an ICJ case involving issues of international environmental law;
  • Ahmed v. Magan Counsel to the Plaintiff in a U.S. federal district court claim under the Alien Tort Statute / Torture Victims Protection Act against a former Somali Colonel during the Siad Barre regime for torture;
  • BG Group Plc v. Republic of Argentina Counsel to the United States Council for International Business amicus curiae brief before the U.S. Supreme Court; and
  • Grovit v De Nederlandsche Bank [2007] EWCA Civ 953 Counsel of the Dutch Central Bank in English Court of Appeal proceedings maintaining the challenge to the jurisdiction of the English High Court in respect of a defamation claim based on State immunity and the ambit of the Brussels Regulation.

Non-contentious matters

  • a State on drafting an Investment Act for foreign investments;
  • a State on the consistency of legislation with its WTO obligations;
  • a State entity on a potential State-State arbitration under the Energy Charter Treaty;
  • a State on sovereign immunity issues relating to the issuance of government debt;
  • a sovereign wealth fund on the structuring of investments and the scope of investor rights under applicable investment treaties;
  • lenders to an LNG project with an Asian State on international law provisions in the LNG Gas Agreement and international investment treaty protection;
  • investors in the energy sector on a possible claim under the NAFTA for discriminatory treatment of foreign investors;
  • an energy consortium on its international law rights regarding a pipeline project;
  • a State on various public international law issues, including international human rights law, State sovereignty and the law relating to international organisations;
  • an international organisation on various issues related to the law of international organisations; and
  • a national petroleum company on international law obligations regarding straddling oil and gas stocks across a delimited maritime border between two States and the implications of an inter-State agreement on a production sharing agreement.

Publications and speaking engagements

Representative publications

  • 'The Non-Disputing State Party in Investment Arbitration: An Interested Player on the Third Man Out' in Practicing Virtue: Inside International Arbitration (Editors: D. Caron, S. Schill, A. Smutny and E. Triantafilou), co-author, Oxford University Press, Oxford, 2015.  
  • 'Cuba libre - but with investment protection', Global Arbitration Review, November 2015, co-author. 
  • 'How the Pechstein case has brought CAS's independence into question', Global Arbitration Review, September 2015, co-author.
  • 'One court to rule them all? The EU's proposal for a world investment court', World Commerce Review, September 2015, author.
  • 'At the TPPing point? Investor-state dispute resolution and the Trans-Pacific Partnership agreement', Australian Financial Review, July 2015, author. 
  • 'Cents and Sensibility: Disputing the TTIP', World Commerce Review, March 2015, co-author. 
  • 'International Law and Court Jurisdiction: The Kiobel Decision', Global Arbitration Review, July 2013, co-author.
  • 'Kiobel: A Narrower Ambit for the Alien Tort Statute', Global Energy Review, June 2013, co-author.
  • 'Risk and Return in the Oil and Gas Sector in 2012', Global Business Magazine, March 2012, co-author.
  • 'A Tale of Two Standards: "Fair and Equitable Treatment" and the Minimum Standard in International Law', 27(1) Arbitration International (2011). This article was awarded the LCIA Gillis Wetter Memorial Prize for 2010-2011.
  • 'Jivraj v. Hashwani: Arbitrator Nationality and the Law of Unintended Consequences', Berkeley Journal of International Law Publicist, Volume 8, Spring 2011, co-author.
  • 'Job Description: Is an Arbitrator an Employee?', The Lawyer, May 2011, co-author.
  • 'ICSID Tribunal Finds Jordan in Violation of its Investment Treaty Obligations', 13 International Arbitration Law Review, Issue 4, September 2010, co-author.

Representative speaking engagements

  • Frontier Exchange Conference, Presentation on 'Investment Treaty Protection in the Middle East and North Africa', January 2016 - London.
  • Private Wealth Eastern Europe Conference, Presentation on 'Asset Protection in CIS countries', November 2015 - London. 
  • Business BVI London Forum, Presentation on 'Trusts and Arbitration: A Beneficial Bequest for the BVI', September 2015 - London.
  • Withersworldwide Mapping Your Investment Strategy, Presentations on 'Investment Treaty Protection and Arbitration', September 2015 - New York and Greenwich CT. 
  • Withers KhattarWong Event, Presentation on 'Investment Treaty Arbitration with ASEAN Parties', May 2015 - Singapore.
  • KLRCA International Arbitration Week / RAIF Conference, Presentation on 'ASEAN and Investment Treaty Arbitration', May 2015 - Kuala Lumpur, Malaysia.
  • Business BVI International Arbitration Conference, Presentation on 'The BVI and Bilateral Investment Treaties', May 2015 - Road Town, British Virgin Islands.
  • Conference on Extra-territoriality and its Impact on Business, Presentation on 'Extra-territoriality of Human Rights, Competition and Environmental Law', February 2014 - London.
  • Milan Chamber of Arbitration, Presentation on 'Appointing the Arbitral Tribunal', October 2013 - Milan.
  • Investment Treaty Forum Conference of the British Institute of International and Comparative Law, Presentation on 'Costs in Investment Treaty Arbitration', October 2013 - London.
  • New York City Bar Conference on Developments in International Environmental Compliance and Enforcement, Presentation on 'State-State Disputes in International Environmental Law', April 2013 - New York.
  • Investment Treaty Forum Seminar of the British Institute of International and Comparative Law, Presentation on 'Arbitral Agreements and Awards as Investments in Investment Treaty Arbitration', February 2013 - Paris.
  • Seminar at the University of Montenegro, Presentation on 'The Extra-territoriality of the European Convention on Human Rights', December 2012 - Montenegro.
  • ICC YAF, Presentation on 'Practical Tips for Managing Arbitrations with States and State Entities', September 2012 - New York.
  • The International Conference on Cultural Diplomacy and the UN, Presentation on 'The Future of the UN: Four Predictions', February 2012 - UN Headquarters, New York.
  • London International Human Rights Congress, Presentation on 'Business and Human Rights', November 2011 - London.
  • C5 Investment Treaty Conference, Presentation on 'Social Legislation and its Impact on Investment Treaties', September 2010 - London.

Memberships

Hussein is a member of the London Court of International Arbitration (LCIA), the LCIA Arab Users' Council and the Arab British Chamber of Commerce. He is also an arbitrator panellist for the Kuala Lumpur Regional Centre for International Arbitration (KLRCA). Additionally, Hussein is a member of the ICC Task Force on Trusts and Arbitration.

You are now leaving Withersworldwide and visiting Withers Consulting Group (WCG) website. Please note WCG does not offer legal services and is therefore not regulated by the Solicitors Regulation Authority or other regulating body. WCG works independently of Withersworldwide. For further information please see WCG's +Regulatory Notice +