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Mahnaz Malik

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+44 (0)20 7842 1200
Clerks [at] 20essexst [dot] com

Mahnaz specialises in international law and international dispute settlement. She routinely conducts arbitrations for sovereigns and corporations governed by ICSID, UNCITRAL, ICC, LCIA and other procedures. She is often sought for her expertise in investor-state disputes arising under bilateral investment treaties and contracts. Mahnaz is currently representing 3 Governments in significant investor-state claims and has appeared as Counsel in 5 bilateral investment treaty disputes in the last year alone. Mahnaz also has extensive expertise in advising Governments and international law organisations on international investment law issues, developing model treaties and negotiating positions, sovereign guarantees, foreign investment laws and the training of government officials. She has advised over 20 governments and 3 regional groupings across Africa, Asia and Latin America on investment law and has trained over 600 government officials. She also assists individuals and corporations in relation to obtaining investment treaty protection and sovereign guarantees.

Mahnaz is a member of the ICSID Panel of Arbitrators and sits on the editorial board of the ICSID Review.

Mahnaz publishes, teaches and speaks extensively. Her writings are frequently cited in academic journals and appear on syllabi. She is an adjunct professor on the faculty of a US law school, and has been a guest lecturer at King's College London and the London School of Economics. Her professional awards include the prestigious Financial Times Legal Innovator of the Year Award 2007. She has also served as a member of the ICC Commissions on Arbitration and Anti-Corruption. After graduating with a MA in Law from Cambridge University, Mahnaz qualified as an Attorney at Law (New York), Solicitor (England & Wales) and an Advocate of the High Court in Pakistan. She is also called to the English Bar (Lincoln's Inn).

Recent cases

 

 

Specialisations: 

  • Public international law
  • International investment arbitration
  • International commercial arbitration
  • Investor-state contracts
  • Investment treaty protection planning and sovereign guarantees
  • Drafting and negotiating treaties
  • Foreign investment laws
  • Review of investment treaty programmes, renegotiations and termination of treaties
  • Training of Government officials on treaty drafting, arbitration procedure and negotiation
  • Representation of states and state entities in international arbitration and litigation
  • Sovereign immunity
  • Mining
  • Oil & Gas
  • Banking
  • Telecommunications
  • Infrastructure projects

Specialisations: 

Relevant ICSID and investment treaty arbitration experience
  • Counsel to the Governments of Pakistan and Balochistan in two claims brought in relation to a gold and copper mining licence by an international mining company under a bilateral investment treaty at ICSID and a contract at the ICC (Tethyan Copper Company v Pakistan, ICSID).
  • Counsel to a large German enterprise against an Eastern European country in a bilateral investment treaty arbitration (ad hoc) arising out of the construction of a major shopping mall project.
  • Successfully represented the Government of Indonesia in obtaining dismissal of a USD 75 million claim arising out of the bail out of a major bank pursuant to the UK-Indonesia BIT (Rafat Ali Rizvi v Indonesia, ICSID)(instructed by KarimSyah in Jakarta)
  • Counsel to the Republic of Indonesia on an ICSID arbitration brought by a British investor under the UK-Indonesia bilateral investment treaty in relation to the bail-out of a bank (Rafat Ali Rizvi v Republic of Indonesia, ICSID) (instructed by KarimSyah in Jakarta).
  • Lead Counsel to a Turkish investor in a BIT claim at ICSID against a Central Asian State in relation to the construction of a major project.
  • Advising a South Korean multinational in relation to a potential ICSID claim under a bilateral investment treaty over a tariff dispute with the Government of an Asian state.
  • Advising a major Dutch company on ICSID arbitration proceedings against the Government of Egypt for breach of the Netherlands-Egypt bilateral investment treaty.
  • Advising a British sports personality in relation to claims for intellectual property rights' infringement against a large Asian state arising out of a UK bilateral investment treaty.
Commercial Arbitration and Litigation
  • Counsel to the Government of Albania against a US investor in relation to a claim worth US$1 billion arising from the termination of an oil exploration contract (ad hoc arbitration) (Sky Petroleum Inc v Albania, UNCITRAL, oil exploration contract).
  • Counsel to an Asian government for the setting aside a default judgment before the English Commercial Court.
  • Counsel to an Indian entertainment company in relation to the settlement of a distribution and licensing dispute with a European company over a fashion satellite television channel.
  • Counsel to a Japanese trading company on an ICC English law arbitration in relation to its dispute with a Turkish firm
  • Counsel to a Central Asian airline in relation to an ICC arbitration against a US aircraft leasing company.
  • Counsel to an Australian energy company on a LCIA Indian law arbitration in relation to a dispute over a gas exploration joint venture in India. 16. Counsel to a British telecommunications company on a LCIA English law arbitration in relation to a dispute over a technology investment in Nigeria.
  • Counsel to a UAE based shipping construction company on an ad hoc arbitration under the English Arbitration Act 1996 in relation to an insurance claim against a Japanese firm arising out of a collision between a barge and an off shore oil rig in the Indian ocean.
  • Advising the Cowasjee Foundation, the Karachi Port Trust and the Government of Pakistan in relation to claims arising from the Tasman Spirit oil spill (38,000 tonnes of oil).
  • Counsel to an American purchaser of Indian metal in relation to multi-party disputes, with its shipper and its state-run Indian supplier, including Indian Supreme Court proceedings and an ad hoc English law arbitration in London.
Advisory work with governments and international organisations:

Examples

  • Assisting a South African country with drafting a model investment treaty, advice on negotiations with Gulf countries and model investment contracts
  • Assisting two East African countries with drafting their model bilateral investment treaties
  • Advising a South African country on a model investment treaty
  • Advising on investment treaty negotiations between a South East Asian country and a North American country
  • Assisting the SADC Investment Sub-Committee (a regional grouping of 15 countries) on its investment programme and revising the SAD regional investment code
  • Assisting COMESA (a regional grouping of 19 Eastern and Southern African states) in drafting its regional investment promotion and protection treaty (CCIA)
  • Advising the Government of a Central Asian state on its model investment treaty
  • Advising the Government of Pakistan on investment treaty negotiations with the United States of America
  • Advising a West African country on mining disputes and ICSID arbitration proceedings pursuant to its foreign investment law
  • Advising the Government of Qatar on the arbitration/dispute resolution regime for the International Qatar Finance Centre

Advising over 15 Governments on review of their investment treaty programmes and training of high level and mid-level government officials. Countries include: Turkey, South Africa, Azerbaijan, Pakistan, Sri Lanka, Lao, Vietnam, Namibia, Cambodia, Kenya, Indonesia, Zambia, Ethiopia, Botswana, Mauritius, Ecuador, Bolivia, Iraq, and the Seychelles.

Consultant on international investment treaties to the following international organisations:

  • Energy Charter Treaty Secretariat (51 member countries including Turkey)
  • International Institute for Sustainable Development
  • COMESA Secretariat (regional organisation of 19 African countries)
  • SADC (regional organisation of 14 African countries)5. United Nations Development Programme
  • The World Bank
  • The Commonwealth Secretariat

 

Education and Career: 

Education

BA and MA in Law, Cambridge University (Chevening and Cambridge Commonwealth Trust scholarships)

Legal Practice Course (Commendation), College of Law, London (1998-1999)

Georgetown Leadership Programme, School of Foreign Policy, Georgetown University, USA (2010)

 

Qualifications

Call to the English Bar (Lincoln's Inn) (2012)

Attorney and Counsellor at Law, State of New York (2002)

Solicitor, Supreme Court of England and Wales (2002) (non-practising)

Advocate, High Court of Pakistan (2000)

 

Professional Accolades

Awarded The Financial Times Legal Innovator of the Year (2007)

Listed as a Leadership Maker in the Asian Legal Business's Top 100 Lawyers in Asia (2005)

Wig & Pen Pro Bono Award at the Law Society's Young Solicitor Group Pro Bono Law Awards (2005)

Award for The National Trainee Solicitor of the Year presented by The Law Society of England and Wales' Trainee Solicitor Group (2001)

Award for The National Trainee Solicitor Most Likely to Succeed On The International Stage presented by The Law Society of England and Wales' Trainee Solicitor Group (2001)

 

Publications: 

"South-South Investment Treaties: Governments Beware", Financial Times This is Africa, 06 March 2013

"The Registration and Approval Requirements in Investment Treaties" February 2013, Mahnaz Malik, Best Practice Series,International Institute for Sustainable Development (co-author)

Book "Expropriation Regime under the Energy Charter Treaty" published by the Energy Charter Secretariat (2012) (co-author

"The Full Protection and Security Standard Comes of Age: Yet another challenge for states in investment treaty arbitration?" Best Practice Series, International Institute for Sustainable Development (2011)

"The legal monster that lets companies sue countries", published in the Guardian on 4 November 2011

"Foreign investment into agriculture: Investment Treaties and the ability of governments to balance rights and obligations between foreign investors and local communities" presented at the LDPI International Conference on Land Grabbing at Sussex University (April 2011)

Study on "The International Investment Treaty Framework in SADC and SADC Member States"- analysing provisions of over 62 Bilateral and Regional Investment Treaties in the SADC Community (which comprises of 15 African countries) published by the SADC Secretariat (March 2011)

Book "International Law Protections for Foreign Investment Law in Pakistan" published by the Overseas Investors Chamber of Commerce & Industry (OICCI) with the support of Oxford University Press (Pakistan) (December 2010)

"South-South Bilateral Investment Treaties: The same old story?" Background Papers, IV Annual Forum for Developing Country Investment Negotiators, New Delhi, October 27-29, 2010

"The Stakes for States in Defending Investment Treaty Arbitrations: A game of luck and chance?" Background Papers, IV Annual Forum for Developing Country Investment Negotiators, New Delhi, October 27-29, 2010

"Recent Developments in International Investment Treaties: Negotiations and Disputes" Background Papers, IV Annual Forum for Developing Country Investment Negotiators, New Delhi, October 27-29, 2010

Chapter on the "IISD Model International Agreement on Investment for Sustainable Development: Background and Progress" published in the book "Sustainable Development in World Investment Law'' by Kluwer (2010)

"Definition of Investment in International Investment Agreements" Bulletin 1, Best Practice Series, IISD (2009)

"Fair and Equitable Treatment" Bulletin 3, Best Practice Series, IISD (2009)

"Recent Developments in International Investment Agreements and the Right of States to Regulate: 2007-2008" presented at The Second Annual Forum of Developing Country Investment Negotiators at Marrakech on 2-4 November 2008

"Recent Developments in the Definition of Investment in International Investment Agreements" presented at The Second Annual Forum of Developing Country Investment Negotiators at Marrakech on 2-4 November 2008

"Recent Developments in Regional and Bilateral Investment Treaties" presented at The Second Annual Forum of Developing Country Investment Negotiators at Marrakech on 2-4 November 2008

"Clean Energy Investment: Project synthesis report" and "Clean Energy Investment: Policymakers' Summary", July 2008, IISD (Co-author)

"The innovations introduced by the COMESA Common Investment Area (CCIA) with respect to investor protection in IIAs, including the investor-state arbitration process" published in the book titled "Arbitration and Mediation in the ACP-EU Relations" containing papers from a conference held by the "Association for International Arbitration (AIA)" in Brussels, May 2008

UNDP Issues Paper "IIAs signed by CEMAC and ECOWAS Countries: An Exploration of critical linkages with investment provisions in EPAs" (2008)

"The Expanding Jurisdiction of Investment Treaty Tribunals", published by IISD, presented at the "First Annual Forum of Developing Country Investment Negotiators" held 1-2 October 2007, in Singapore, co-hosted by the International Institute for Sustainable Development and the Centre on Asia and Globalization, Lee Kuan Yew School of Public Policy at the National University of Singapore

"Time for a Change -Germany's Bilateral Investment Treaty Programme and Development Policy", Occasional Paper N°27, FES Geneva, November 2006

Report on Bilateral Investment Treaties between EU member states and Pacific countries for the Commonwealth Secretariat, 2006

Report on Bilateral Investment Treaties between EU member states and Caribbean countries for the Commonwealth Secretariat, 2006

Appointments and Society Memberships: 

  • Member, ICSID Panel of Arbitrators (2012-)
  • Member, ICSID Review Editorial Board
  • Member, Global Advisory Board of the ICDR (International Centre for Dispute Resolution) (2007-2008)
  • Member, The Evian Group Brains Trust (2006)
  • Vice Chair, Asia-Pacific Law Committee of the American Bar Association's International Law and Practice Section (2005)
  • Member of the Cambridge University/Prince of Wales Business and Environment Programme for Senior executives
  • Member of the Cambridge University/Prince of Wales Business and Environment Programme for Senior executives, (Elected to represent this highly influential group of business leaders from Europe as a speaker before the Prince of Wales at Highgrove in 2006)
  • Member of the ICC Commissions on Arbitration and Anti-Corruption (2004-2009)
  • Contributor to Oxford University Press Investment Treaty database, www.investmentclaims.com and at the World Arbitration Review.