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Jonathan Ketcheson

Jonathan practises across all of chambers' areas of work including international arbitration, public and private international law, shipping, banking and commercial law generally.  He acts for both States and investors in investment treaty arbitrations, under the ICSID and UNCITRAL Rules, as well as companies in international commercial arbitrations under the ICC, LMAA and LCIA Rules. He has also been involved in a number of business and human rights matters.  Prior to requalifying as a barrister, Jonathan was a senior associate at Hogan Lovells in London, specializing in investment treaty arbitration, public international law and international arbitration. In that position, he built on the experience he obtained working for Professor James Crawford (now Judge Crawford of the International Court of Justice), and completed a doctorate on international dispute settlement under Professor Crawford’s supervision at the University of Cambridge.

Cases

Acting for the Hellenic Republic in Iskandar Safa and Akram Safa v Hellenic Republic (with Guglielmo Verdirame) (ICSID)

Acting for a CIS State in a claim brought under an investment law (UNCITRAL arbitration)

Acting for a CIS State in a claim brought under an investment agreement (UNCITRAL arbitration)

Acting for a mining company in relation to a dispute concerning the interpretation of a long-term contract of affreightment (with Thomas Raphael QC) (ad hoc London arbitration)

Acting for a construction company in an expropriation claim brought against a state pursuant to a concession contract (with Richard Waller QC and Keir Howie) (LCIA arbitration)

Acting for a ship owner in relation to a claim for cargo damage caused by fumigation (LMAA arbitration)

Advising a ship builder on the impact of proceedings in an EU Member State on parallel LMAA arbitrations

Acting for Vietnam in three separate investment treaty claims, two under the France-Vietnam BIT and one under the investment chapter of the US-Vietnam FTRA (UNCITRAL Arbitrations) *

Acting for Mongolia in a claim brought under the Energy Charter Treaty and an investment agreement (UNCITRAL arbitration) *

Acting for a US entity in a claim against a Middle Eastern government entity (LMAA arbitration) *

Advising a UK investor in relation to a claim against an African state in relation to the alleged expropriation of a real estate development (ICSID) *

* Denotes work undertaken while practising as a solicitor

Specialisations: 

  • International arbitration
  • Public international law
  • Private international law
  • Shipping and International Trade
  • Commercial law

Education and Career: 

Education:

University of Cambridge - PhD (2013), LLM (First) (2006)

University of Queensland - LLB (First) (2003), Bachelor of Science (Mathematics) (2002)

 

Career:

Senior Associate/Associate, Hogan Lovells, London - October 2012 - July 2015

Assistant, Bahrain Independent Commission of Inquiry - October - November 2011

Stagiaire, Freshfields Bruckhaus Derringer, Paris - July - September 2008

Associate to Justice Susan Crennan AC, High Court of Australia - May 2007 - May 2008

Research Associate to Professor James Crawford AC SC, Lauterpacht Centre for International Law - September 2006 - May 2007

Consultant, UNDP (Liberia) - July 2006 - August 2006

Solicitor, Clayton Utz, Brisbane - February 2003 - September 2005

Research Assistant, Centre for Maritime Law (now the Marine & Shipping Law Unit), University of Queensland - January 2002 - January 2003

 

Scholarships and prizes:

W.W. Tapp Studentship (Awarded by Gonville and Caius to carry out a PhD in law at the University of Cambridge) - 2008-2012

Honorary Cambridge Commonwealth Trust Scholar - 2008-2011

Cambridge Commonwealth Trust Scholarship - 2005-2006

 

Bar admissions:

Bar of England and Wales (Inner Temple) (2016)
Supreme Court of Queensland (2003) (non-practising)

 

Publications: 

"Should Expropriation Risk Be Taken into Account in the Assessment of Damages?" (2016) ICSID Review - Foreign Investment Law Journal (Forthcoming) (with M Burgstaller)

"Investment Arbitration: Learning from Experience" in S Hindelang and M Krajewski (eds), Shifting Paradigms in International Investment Law (OUP, 2016)

"The Law 42 Arbitrations: Ecuador's Efforts to Capture 'Extraordinary Profits' of Oil Companies" (2015) 16 Journal of World Investment and Trade 734

"Differentiating between Contract & Treaty Claims: New Developments" (Presentation at Cambridge Arbitration Day 2015)

"The Law-Fact Distinction in Proceedings before International Tribunals" (Paper presented at the Cambridge Journal of International and Comparative Law Conference 2013)

"Domestic Law Issues before International Tribunals: Deference to Domestic Tribunals" (Paper presented at a conference entitled "Interfaces between International and National Legal Orders: An International Rule of Law Perspective" hosted by the University of Amsterdam 2013)

"Defining 'investment' in shareholder claims" (2013) 8 Global Arbitration Review (with M Burgstaller)

"The International Minimum Standard and Fair and Equitable Treatment. By Martins Paparinskis" (2012) 83 British Yearbook of International Law 185

"National Courts and the International Rule of Law. By Andre Nollkaemper" (2011) 82 British Yearbook of International Law 540

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