Quinn emanuel trial lawyers

Jagusch, Stephen

Stephen Jagusch QC

Partner

  Biography

Stephen Jagusch QC is Global Chair of Quinn Emanuel's International Arbitration Practice. He specializes in international commercial and investment treaty arbitration, having acted as adviser and advocate in dozens of ad hoc and institutional international arbitrations, conducted in many countries around the world, and subject to a wide variety of governing substantive and procedural laws.  A great many of Stephen's cases have been for or against sovereign states or substantial multinational organizations, and he has been lead counsel in many of the world's leading investment treaty cases. 

Stephen is recognized as a leading expert in the field of international arbitration and disputes arising under contracts and bilateral or multilateral investment treaties, and is highly ranked by all international and domestic legal publications in international arbitration and public international law. Leading directories recognize Stephen as a leader in his field and have recently described Stephen as "one of the most impressive advocates around," "a masterful cross-examiner," a "tenacious fighter," the "maestro of strategy," “one of the gurus in the field,” "one of the pre-eminent ICSID arbitration experts in the world," and praise his “finely honed instincts for strategy in advocacy.”

Stephen routinely speaks at leading conferences and seminars, and is widely published on the subject of international arbitration.  He won the inaugural (and subsequent) Client Choice Award for Best Arbitration Lawyer in the UK. Chambers & Partners and Super Lawyers both rate Stephen as one of the leading lawyers in the UK across all fields of practice. Most recently, Stephen was awarded "Best Lawyer in the United Kingdom for International Arbitration" by Best Lawyers. Prior to joining the firm, Stephen was Chair of the Global International Arbitration Practice of Allen & Overy LLP. 

Stephen regularly sits as an arbitrator and has sat as Chair, Sole or Co-Arbitrator in dozens of cases around the world under the auspices of ad hoc and all the major institutional rules, in both commercial and investor-State arbitrations.

  Representative Clients

  • AES Corporation
  • Amtrust Financial Services Ltd
  • CDC Group
  • Churchill Mining PLC
  • CNH Global NV
  • Dongkuk Steel Mills
  • Dubai Ports Authority
  • Duferco
  • Global Air Movement
  • Hidroelectrica de Cantabrico
  • Imperial Jet
  • Millicom International Cellular
  • Oman Gulf Enterprises
  • Oschadbank
  • Planet Mining Pty Ltd
  • Rabobank International Holding
  • Republic of Azerbaijan
  • Republic of Slovenia
  • Shaft Sinkers Ltd
  • United Arab Emirates

Multiple hedge and pension funds
Dozens of high profile and high net worth individuals and their companies

  Notable Representations

  • The majority of Stephen’s representations are confidential and not in the public domain.  Of those which can be published, the following are notable.
  • Lead counsel to Dubai Ports Authority in defeating claims brought by a property developer seeking more than $2 billion in damages for alleged breach of a concession agreement.  The claim was dismissed on every ground advanced, and a full costs award in favor of Stephen's client. DIAC, Dubai.
  • Lead counsel to Duferco, Marcegaglia S.A. Dongkuk, Ternium and others in proceedings against Tata Steel concerning the termination of steel off take agreement.  LCIA, London.
  • Lead counsel to a leading European Bank successfully defending substantial claims from a joint venture partner in relation to the establishment of a new bank in Asia.  UNCITRAL, London.
  • Lead counsel to a major European manufacturer and global supplier of heavy equipment in a dispute with its international logistics supplier, involving allegations of bribery and corruption.  ICC, London.
  • Lead counsel to the United Arab Emirates in defeating  ICSID proceedings brought by an individual claiming to be Italian under the Italy-UAE BIT, by applying successfully to have the claims dismissed for want of jurisdiction, then successfully resisting the ensuing ICSID annulment proceedings.
  • Lead counsel to a European telecommunications company in ICSID proceedings against the Republic of Senegal.  The claims, brought under the Netherlands-Senegal bilateral investment treaty and the arbitration agreement in a mobile network license, arose out of Senegal’s alleged attempted wrongful termination of a mobile GSM license.
  • Lead counsel to the Republic of Azerbaijan in ICSID proceedings, defeating claims brought under the Energy Charter Treaty by Azpetrol International Holdings and others.  The claimants withdrew their claims, asserted to be in excess of $500 million, in a drop-hands settlement involving no admission of liability or payment.  The settlement followed an application to dismiss the claims on grounds of violations of public policy following the claimants’ admissions of corrupt payments (under cross examination by Stephen).
  • Lead counsel to the Republic of Azerbaijan in ICSID proceedings, defeating claims in excess of $500 million brought under an agreement for the management and operation of an aluminium smelter and refinery.  The claims were dropped in a settlement involving no payment or admission of liability.
  • Lead counsel to a venture capital business in UNCITRAL proceedings against the Czech Republic under the Netherlands-Czech Republic bilateral investment treaty.  The claims were settled on favorable terms.
  • Lead counsel to Republic of Slovenia in proceedings under the Energy Charter Treaty and a 2001 bilateral agreement concerning operations at the Krško nuclear power plant.  Assisted in successfully defeating the claims under the Energy Charter Treaty in a decision rendered in 2009.  ICSID, Washington D.C. and Paris.
  • Lead counsel to an Abu Dhabi based United Arab Emirates entity, defeating entirely that claims brought by a developer under a concession and operation agreement.  DIAC, Dubai.
  • Lead counsel to CDC Group in defeating an application to annul the ICSID award in CDC Group plc v. Seychelles.  ICSID, Washington, D.C. and London.
  • Lead counsel to private equity and hedge fund managers in a post M&A dispute concerning 80+ claims arising from the acquisition of multiple related businesses throughout Europe. SCC, Stockholm.
  • Lead counsel to an Omani conglomerate in a dispute concerning alleged wrongful termination of a motor vehicle distributorship.  ICC, London and Singapore.

  Education

  • Auckland University
  • (BCom, 1990)
  • (LLB, 1990)
  • (MComLaw, First Class Honors, 1994)

  Admissions

A Barrister and Solicitor of the High Court of New Zealand (1989); Solicitor advocate (All Higher Courts) England and Wales (1995)

  Prior Associations

  • Allen & Overy LLP, London:
    • Partner, 2002-2012
    • Senior Associate, 2000-2002

  • Freshfields Bruckhaus Deringer LLP, London and Paris:
    • Associate, 1994-2000

  • Simpson Grierson Butler White, Auckland:
    • Associate, 1989-1994

  Awards

  • Stephen was named a Thought Leader in Arbitration by Who's Who Legal, 2018.
  • Stephen was recently selected by his peers for inclusion in The Best Lawyers in UK 2018 in the fields of Arbitration & Mediation and International Arbitration (London). 

Publications and Lectures

  • General Editor, Global Arbitration Review: The Guide to Advocacy, Law Business Research Ltd, London
  • Enforcement chapter, International Financial Disputes, Oxford University Press, 2015.
  • Co-Editor, Getting the Deal Through: Investment Treaty Arbitration (2014-2015).
  • London Chapter, Choice of Venue in International Arbitration, Oxford 2014.
  • “Moral Damages in Investment Arbitration: Punitive Damages in Compensatory Clothing?”, Arbitration International, 2013, Volume 29 Number 1 (co-author).
  • "Organisation and Presentation of Documents to the Tribunal", The Art of Advocacy in International Arbitration, 2nd edition, Juris, 2010.
  • “A Comparison of ICSID and UNICITRAL Arbitration: Areas of Divergence and Concern”, The Backlash Against Investment Arbitration, Perceptions and Reality, Wolters Kluwer, 2010.
  • “England and Wales”, Chapter 7 of The International Arbitration Review, Law Business Research, 2010.
  • "Enforcement of Foreign Arbitral Awards against Sovereigns – the Experience in the Courts of England and Wales", Enforcement of Arbitral Awards Against Sovereigns, Juris, 2009 (co-author).
  • Commentary on "National Treatment - Is Discriminatory Intent Relevant", Investment Treaty Arbitration and International Law, JurisNet LLC, 2008.
  • “Issues of Substantative International Public Policy” Stockholm International Arbitration Review 2008:2, JurisNet, LLC.
  • "E-Disclosure in International Arbitration", Electronic Disclosure in International Arbitration, JurisNet, LLC, 2008.
  • "Denial of Advantages under Article 17(1)" in G. Coop and C. Ribeiro (eds) Investment Protection and the Energy Charter Treaty (Huntington, NY: Juris, 2008) 17 (co-author).
  • "Gateways to the Energy Charter Treaty" Global Arbitration Review 11, 2007 (co-author).
  • "Dos and Don'ts for Counsel", Global Arbitration Review, February 2006.
  • "The Impact Of Third Parties On International Arbitration – Issues Of Assignment", Evasive Problems in International Arbitration, Kluwer, 2006.
  • "The Limits of Protection for Investments and Investors under the Energy Charter Treaty", Investment Arbitration and the Energy Charter Treaty, Juris, 2006 (co-author).
  • "Starting Out as an Arbitrator: How to Get Appointments and What to Do When You Receive Them", The Journal of the Chartered Institute ofArbitrators, vol 71, no. 4, November 2005.
  • "Recent Codification Efforts; An Assessment", Towards a Uniform International Arbitration Law?, IAI series on international arbitration no.3, Juris,2005.
  • ICSID chapter of Arbitration World, European Lawyer Reference Series, first (2003), second (2005) and third (2010) editions(co-author).
  • "BITs and Pieces", Disputes 2003.

Professional Activities

  • Fellow, Chartered Institute of Arbitrators
  • Chair, Investment Arbitration Subcommittee, International Bar Association 2011-2013
  • Co-founder, Arbitration Conversations
  • Chair (and co-founder), International Arbitration Charity Ball Committee
  • Executive Committee Member (founding), Foundation for International Arbitration Advocacy
  • Member, Energy Charter Secretariat, Legal Advisory Task Force (LATF)
  • Member, ICC Commission on Arbitration
  • Member, IBA Rules of Evidence Review Subcommittee
  • Chairman, ICC UK Working Group on E-Disclosure in International Arbitration
  • Member, ICC Working Group on ICC and Investor-State Arbitration
  • Member, International Arbitration Club
  • Member (or higher position) of most leading international arbitration institutions