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Sinclair, Anthony

Anthony Sinclair

Direct Tel: +44 20 7653 2070
Tel: +44 20 7653 2000 Fax: +44 20 7653 2100

Dr. Anthony Sinclair specialises in international commercial arbitration, investment treaty arbitration, and public international law. His work spans a broad range of industry sectors, with particular focus on the oil and gas, energy and mining, telecommunications, infrastructure and utilities sectors, especially in emerging markets, as counsel and arbitrator. His experience includes handling disputes under ICC, LCIA, ICSID and UNCITRAL arbitration rules arising out of concession agreements, licences, production sharing and operating agreements, joint ventures, EPC and other construction agreements, host government and inter-governmental agreements, management and service agreements, distributorships, investment agreements, financing agreements and derivatives and post-M&A matters. He also has extensive experience as counsel for both private investors and States handling disputes under bilateral investment treaties (BITs) and the Energy Charter Treaty (ECT), and has also been counsel in several ICSID annulment proceedings. He has advised States on the negotiation and drafting of treaties, headquarters agreements and intergovernmental agreements.

Anthony is co-author of the second edition of The ICSID Convention: A Commentary (Cambridge University Press, 2009), and widely published in the field of international investment law and international arbitration. He has a Ph.D. from the University of Cambridge on the subject of “State Contracts in Investment Treaty Arbitration”. Chambers & Partners calls Anthony “simply terrific” (International Arbitration, 2012) and “especially acclaimed for his knowledge of investment treaty matters and for his academic prowess” (Public International Law, 2014). Legal 500 says “Anthony Sinclair has ‘fantastic analytic skills and a broad range of PIL knowledge’,” (Public International Law, 2012). He is rated by Who’s Who Legal (Commercial Arbitration) and in 2011 was named one of Global Arbitration Review’s “45 under 45” leading arbitration practitioners. 

  • Baggerwerken Decloedt en Zoon
  • Biwater
  • CDC Group
  • Churchill Mining
  • Deutsche Bank
  • DP World
  • Emmis Communications
  • GasTransBoliviano
  • Kempinski Hotels
  • Millicom International Cellular
  • Ossama Al Sharif
  • Petro-Canada
  • Planet Mining
  • Suncor
  • Kyrgyz Republic
  • Republic of Azerbaijan
  • Republic of Slovenia
  • United Arab Emirates
  • Counsel to the Ministry of Communications of the Republic of Azerbaijan defending a USD430m claim brought by a telecommunications company alleging breach of a joint venture to establish a national data communications network.
  • Counsel to a South African mining company in related Swiss Chamber and ICC arbitration proceedings concerning a mine construction project in Russia.
  • Counsel to Churchill Mining and Planet Mining in related ICSID arbitration proceedings under the Indonesia-United Kingdom and Indonesia-Australia bilateral investment treaties.  Jurisdiction was upheld in both proceedings following a hearing on objections to jurisdiction.
  • Counsel to Ossama Al Sharif in three separate ICSID arbitration proceedings against the Arab Republic of Egypt concerning political interference and frustration of bulk liquids terminal projects at Sokhna Port and East Port said, and a nation-wide integrated customs and shipping monitoring system.
  • Counsel to the Ministry of Communications of the Republic of Azerbaijan in UNCITRAL arbitration proceedings concerning a failed joint venture to develop a data communications network.
  • Counsel to the Republic of Azerbaijan in UNCITRAL arbitration proceedings under the Azerbaijan-United States bilateral investment treaty brought by a consortium of property developers.
  • Counsel to DP World in arbitration proceedings under a bilateral investment treaty against the Republic of Yemen.  The case settled at an early stage and on favourable terms to DP World.
  • Counsel to Millicom in ICSID proceedings against Senegal.  The claims, brought under the Netherlands-Senegal bilateral investment treaty and the arbitration agreement in a mobile network licence, arose out of Senegal’s attempted wrongful termination of a mobile GSM licence.
  • Counsel to a global bank in ICSID proceedings against a State.  The claims, under a bilateral investment treaty, concerned the sovereign interference with the terms of an oil price hedging agreement.
  • Counsel to an oil and gas company in ICSID proceedings under a bilateral investment treaty.  The claims, against a Central Asian State, sought in excess of $1 billion for expropriation of a concession agreement.
  • Counsel to a dredging company in bringing ICSID claims against the Republic of Philippines.  The claims, under a bilateral investment treaty, allege expropriation of a concession agreement.
  • 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 by our client.  The settlement followed an application to dismiss the claims on grounds of violations of public policy following the claimants’ admissions of corrupt payments.
  • 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 by our client.
  • 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 favourable terms for our client.
  • 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.
  • Counsel to an oil and gas company in bringing claims under a bilateral investment treaty against Venezuela for expropriation of interests in an oil and gas field.  Venezuela settled the claims in full following notice of arbitration.
  • Counsel to Biwater in ICSID arbitration proceedings against Tanzania under the United Kingdom-Tanzania bilateral investment treaty, assisting in securing a determination that Tanzania had violated its international legal obligations in wrongfully terminating a lease agreement to operate the water and waste water services for the city of Dar Es Salaam.
  • Counsel to the United Arab Emirates in defeating an application to annul the ICSID award in Soufraki v. United Arab Emirates.
  • Counsel to CDC Group in defeating an application to annul the ICSID award in CDC Group plc v. Seychelles.
  • University of Cambridge
    (Ph.D., State Contracts in Investment Treaty Arbitration LL.M., First Class Honours)
    • W.M. Tapp Studentship in Law, 2000-2003
    • Commonwealth UK Scholarship, 1999-2000
  • University of Canterbury
    (B.A., Political Science L.L.B. First Class Honours)
    • Justice McArthur Memorial Prize for Company and Commercial Law, 1998
    • Bank of New Zealand Undergraduate Scholarship, 1994
    • University of Canterbury Undergraduate Scholarship, 1994
  • Barrister and Solicitor, New Zealand
  • Solicitor, England and Wales
  • Allen & Overy LLP, London:
    • Partner, 2011-2012
    • Associate, 2004-2011
  • Lovells, Moscow:
    • Intern, 2002
  • Fountain Court Chambers, London:
    • Pegasus Scholar, 2000
  • Chapman Tripp, Wellington/Christchurch:
    • Solicitor, Law Clerk, 1997-1998, 1999
  • Anthony was recently selected by his peers for inclusion in The Best Lawyers in UK 2021 in the fields of International Arbitration: London.
  • Anthony was named a Thought Leader in Arbitration by Who's Who Legal, 2018.
  • Anthony was recently selected by his peers for inclusion in The Best Lawyers in UK 2018 in the fields of International Arbitration: London.
  • “Rising Star…”, Chambers & Partners, UK, Public International Law, 2012
  • “Up and Coming” and “simply terrific”, Chambers & Partners, UK, International
  • Arbitration, 2012, “Continues to impress”, Chambers & Partners, Global, Public International Law, 2012
  • “Fantastic analytical skills”, and rated as a Leading Individual, Legal 500 UK, Public International Law, 2012
  • Rated in Who’s Who Legal: Commercial Arbitration, 2012
  • Listed as one of the leading “45 under 45” arbitration practitioners, Global Arbitration Review, 2011
  • Listed as a “Rising Star” in the English legal profession, The Lawyer, 2011
  • Inner Temple, Pegasus Scholarship, 2000
  • Books
    • The ICSID Convention: A Commentary (2nd edition, Cambridge: Cambridge University Press, 2009) (co-author, with Christoph Schreuer, Loretta Malintoppi and August Reinisch).
  • Articles and Book Chapters
    • “Umbrella Clause Claims” in M. Bungenberg, J. Griebel, S. Hobe and A. Reinisch (eds.), International Investment Law: A Handbook (Beck/Hart, forthcoming, 2012).
    • “ICSID” in J. W. Rowley (ed.) Arbitration World (3rd edition, London: European Lawyer, 2010) (with Stephen Jagusch and Matthew Gearing).
    • “Differences in the Approach to Witness Evidence between the Civil and Common Law Traditions” in R. D. Bishop and E. G. Kehoe (eds.), The Art of Advocacy in International Arbitration (2nd edition, Huntington, NY: Juris, 2010).
    • “Execution of Judgments or Awards against the Assets of State Entities” (2010) 4(1) Dispute Resolution International 95 (with David Stranger-Jones).
    • “ICSID Arbitration: How Long Does it Take?” (2009) Global Arbitration Review (voted “Best Article of 2009” by OGEMID subscribers).
    • “MFN Treatment and Adjudication of Investment Disputes” (2009) 21(2) National Law School of India Review (with Lucia Raimanova).
    • “Enforcement of Arbitral Awards against Sovereigns – Experience in the Courts of England and Wales” in R. D. Bishop (ed.), Enforcement of Arbitral Awards against Sovereigns (Huntington, NY: Juris, 2009) 273 (with Judith Gill QC and Stephen Jagusch).
    • “ICSID's Nationality Requirements” (2008) 23(1) ICSID Review—Foreign Investment Law Journal.
    • “Bridging the Contract/Treaty Divide” in C. Binder, U. Kriebaum, A. Reinisch, and S. Wittich (eds.), International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer (Oxford: OUP, 2008) 92.
    • “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 (with Stephen Jagusch).
    • “The Umbrella Clause Debate” in A. K. Bjorklund, I. A. Laird and S. Ripinsky (eds.) Investment Treaty Law: Current Issues - Volume III (London: BIICL, 2008) 275.
    • “ICSID’s Nationality Requirements” in T. J. Weiler (ed.) Investment Treaty Arbitration and International Law (Huntington, NY: Juris, 2008) 85.
    • “Assignment and Arbitration” in E. Gaillard and D. Di Pietro (eds.) Enforcement of Arbitration Agreements and International Arbitral Awards—The New York Convention 1958 in Practice (London: Cameron May, 2008).
    • “ICSID Arbitrators: Is there a Club and Who Gets Invited?” (2007) 1(5) Global Arbitration Review 11 (with Noah Rubins and Matthew Hodgson).
    • “Gateways to the Energy Charter Treaty” (2007) Global Arbitration Review 11 (with Stephen Jagusch).
    • “The Foreign Nationality Requirements in ICSID Arbitration” in R. Hoffmann and C.J. Tams (eds.) The International Convention on the Settlement of Investment Disputes (ICSID): Taking Stock After 40 Years (Baden-Baden: Nomos, 2007) 129.
    • “The Limits of Protection for Investments and Investors under the Energy Charter Treaty” in C. Ribeiro (ed.) Investment Arbitration and the Energy Charter Treaty (Huntington, NY: Juris, 2006) 73 (with Stephen Jagusch).
    • “A Case for Reform of the UNCITRAL Rules: Commentary on the Econet Wireless Ltd UNCITRAL Arbitration” (2006) 21(6) Mealey’s International Arbitration Report.
    • “ICSID Arbitration: One ‘Lost’ Annulment Case” (2006) 1(3) Global Arbitration Review 14.
    • “AIG Capital Partners v. Republic of Kazakhstan and the National Bank of Kazakhstan: Case Note” (2006) International Arbitration Law Review.
    • “Partiality and Issue Conflicts” (2006) 1(5) Global Arbitration Review 11 (with Matthew Gearing).
    • “The Impact of Third Parties on International Arbitration—Issues of Assignment” in L. Mistelis and J. Lew (eds.) Pervasive Problems in International Arbitration (London: Kluwer Law International, 2006) (with Stephen Jagusch).
    • “Aminoil Revisited: Reflections on a Story of Changing Circumstances” (with Professor Martin Hunter) in T.J. Weiler (ed.) International Investment Law and Arbitration: Leading Cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law (London: Cameron May, 2005) 347.
    • “The Substance of Nationality Requirements in Investment Treaty Arbitration” (2005) 20(2) ICSID Review—Foreign Investment Law Journal 357.
    • “Investment Protection for Mailbox Companies under the 1994 Energy Charter Treaty” (2005) 5(2) Transnational Dispute Management.
    • “The Origins of the Umbrella Clause in the International Law of Investment Protection” (2004) 4 Arbitration International 411.
    • “Nationality of Individual Investors in ICSID Arbitration” (2004) 7(6) International Arbitration Law Review 191.
    • “Award-Creditor Security and a Continuing Stay of Enforcement in CDC Group v. Seychelles” (2004) 19(9) Mealey’s International Arbitration Report 35.
    • “Using the UNIDROIT Principles of International Commercial Contracts in International Commercial Arbitration” (2003) 6 International Arbitration Law Review 65.
    • “The UNIDROIT Principles and their Application to State Contracts” (2002) ICC International Court of Arbitration Bulletin – Special Supplement 57 (with Professor James Crawford).
    • “Funding Decisive: Asbestos Group Action to Proceed in England” (2001) Lloyd’s Maritime and Commercial Law Quarterly 197.
  • Member, British Institute of International and Comparative Law (BIICL)
  • Member, American Society for International Law (ASIL)
  • Member, International Bar Association (IBA) (Arbitration; UK Energy Lawyer’s Group)
  • Member, International Law Association (ILA), British Branch
  • Member, London Court of International Arbitration (LCIA)
  • Member, ICC Young Arbitrators' Forum (ICC YAF)
  • Member, ICDR Young & International
  • Member, Energy Charter Secretariat, Legal Advisory Task Force (LATF)