Stewart Shackleton

Stewart Shackleton is the founder of SR Shackleton LLP. Stewart has professional expertise and over 20 years of experience in international and comparative law and arbitration. He is qualified in both civil and common law jurisdictions, and he is admitted as a Barrister in Canada, an Avocat au Barreau de Paris, a Solicitor-Advocate in England and Wales and a Solicitor in Hong Kong.

Stewart has acted, as Counsel and Arbitrator, in over 450 international arbitrations conducted in all major venues around the world arising out of a broad range of transactions including foreign investment, public concessions and infrastructure, energy, oil and gas, telecommunications, commodities, mining and exploration, international sale of goods and distribution, agency and licensing, research and development of pharmaceutical, biological and chemical products, software and transfers of software technology, trademark and franchising, luxury hotel operations, banking and financial services, international trade and transport, maritime law, media and entertainment, competition, sports law, construction, engineering and design, joint-ventures, shareholding, mergers and acquisitions and insurance and reinsurance.

A Canadian Barrister and French Avocat, Stewart conducts his own advocacy. He has appeared as advocate before numerous international tribunals and before the courts in England and France. Stewart has particular expertise in public international law and has acted as Counsel and Arbitrator in disputes involving States and State entities, including arbitration under the ICSID Convention as well as the ICC Rules and UNCITRAL Rules.

Stewart also advises on the litigation of international disputes and has particular experience in the fields of jurisdiction, enforcement of judgments, conflict of laws and international judicial cooperation.

The author of many publications on international arbitration, Stewart is a member of the editorial board of Sweet & Maxwell’s International Arbitration Law Review and the editor of the Oxford University Press annual Arbitration Law Reports and Review now available online (www.alrr.oxfordjournals.org).

Education

  • MSc in Construction Law, Kings College, University of London
  • DEA in Public International Law, University of Paris I, Panthéon-Sorbonne
  • DSU in Private International Law, University of Paris II, Assas
  • DEA in African Law, University of Paris I, Panthéon-Sorbonne
  • Diplôme in Comparative Law, University of Paris II, Assas
  • Maîtrise en Droit Civil – mention droit des affaires, University of Paris II, Assas
  • LLB, University of Western Ontario
  • Undergraduate degrees in French Litterature (BA, Hon) (University of Western Ontario) and Linguistics (University of Franche-Comté, Besançon, “Licence en Sciences du langage”)

Areas of specialisation

Extensive practice in international law and international arbitration; has acted as counsel or arbitrator in international commercial and construction arbitrations taking place in all major venues including Hong Kong, Shanghai, Beijing, New York, Los Angeles, Miami, Geneva, Zurich, Budapest, Stockholm, London, Paris, Milan, Rome, Cairo, Jeddah, Dubai, Bahrain and Doha; specialises in disputes involving elements of public international law; has acted as counsel and arbitrator in public international law disputes involving States, State entities and public international law organisations, including investment protection arbitration under the ICSID Convention.

Stewart has designed and drafted complex dispute resolution provisions including for the IDENTRUS international banking consortium administered by the LCIA and the construction of the Athens ring road. He has acted in CEDR administered international mediation proceedings. CEDR accredited mediator.

Stewart’s practice includes advising on challenges to arbitral awards and appearing as lead counsel and advocate before local courts.

Stewart has also acted as party-appointed arbitrator, sole arbitrator and chair, including in ICC, LCIA and ad hoc arbitral proceedings arising out of construction, telecoms, hotel projects, finance, commodities and sale of goods transactions, particularly where one party is a State or State entity.

Panels of arbitrators

CIETAC International Panel, Geneva Chamber of Commerce; Swiss Association of Arbitrators; International Chamber of Commerce (Canadian National Committee); London Court of International Arbitration; Indian Council of Arbitration; Gulf Commercial Arbitration Centre, Bahrain; British Columbia International Commercial Arbitration Centre (International Panel), American Arbitration Association (International Panel); Fellow, Chartered Institute of Arbitrators.

Reported Court Cases

Stewart has appeared as lead Counsel and Advocate in numerous litigation matters concerning arbitration agreements or arbitration awards before the courts in England, including in the following reported cases:

  • Metal Distributors (UK) Ltd v ZCCM [2005] ArbLR 42; [2005] 2 Lloyd’s Rep 37 (QB)
  • Lithuania v Svenska Petroleum Exploration AB [2006] ArbLR 57; [2006] 1 Lloyd’s Rep 181 (QB)
  • Lithuania v Svenska Petroleum Exploration AB [2011] ArbLR 59; [2007] 2 WLR 876 (Court of Appeal)
  • Double K Oil Products 1996 Ltd v Neste Oil OYJ [2010] 1 Lloyds Law Rep 141 (QB)
  • Midgulf International Ltd v Groupe Chimique Tunisien [2010] Lloyds Law Rep 543 (Court of Appeal)
  • Claxton Engineering Services Ltd v TXM Olaj-És Gázkutató KFT, Comm Ct, Gloster J [2011] 1 Lloyds Law Rep 252 (QB)
  • Claxton Engineering Services Ltd v TXM Olaj-És Gázkutató KFT, Comm Ct, Hamblen J [2011] ArbLR 1; 1 Lloyds Law Rep 510 (QB)
  • Claxton Engineering Services Ltd v TXM Olaj-És Gázkutató KFT, Comm Ct, HH Judge Mackie QC [2011] ArbLR 17
  • Claxton Engineering Services Ltd v TXM Olaj-És Gázkutató KFT, Court of Appeal, Lord Justice Rix [2011] ArbLR 16

Selected Publications

  • (1994) “La pensée juridique de Michel Villey dans le monde anglophone,” in Niort, J-F and Vannier, G (eds) Michel Villey et le droit naturel en question, Paris, L’Harmattan, p 105
  • (1996) “Under the Dragon: The Future for International Arbitration in Hong Kong,” The In-House Lawyer, no 45 (November) p 46
  • (1996) “The 1996 English Arbitration Act: what improvements for international dispute resolution?” The Parliamentary Policy Forum, p 58
  • (1997) with Peter Hall, “Margaret Rutherford and John Sims – Arbitration Act 1996: A Practical Guide,” Oil & Gas Law And Taxation Review, vol 15, no 4, p 144
  • (1997) “India Builds for a Bright Future: The Modernisation of International Arbitration in India,” The In-House Lawyer, no 48 (March) p 39
  • (1997) “Paris Conference on the New English Arbitration Act,” Practical Arbitration Journal (May/June) vol 1, no 1 p 15
  • (1997) “Solving Disputes the Arbitration Way,” The Lawyer, 3 June 1997
  • (1997) “When is an Arbitration Clause Unenforceable in an International Transaction?” The In-House Lawyer, no 50 (May) p 84
  • (1997) “An Overview of the Key Changes to the ICC Rules for International Arbitration,” Practical Arbitration Journal, vol 1, no 3, p 32
  • (1997) “The Applicable Law in International Arbitration under the New English Arbitration Act 1996,” Arbitration International, vol 13, no 4, p 375
  • (1997) “Challenging an Award under the Arbitration Act 1996: What has changed?” The In-House Lawyer, no 41 (June) p 76
  • (1997) “Preliminary Meetings with the Arbitral Tribunal: What are they for?” Practical Arbitration Journal, no 1, vol 4, p. 43
  • (1997) “Arbitration in Hong Kong after the Hand Over,” Practical Arbitration Journal, no 1, vol 4, p 37
  • (1997) “Questions and Answers Concerning the New 1998 ICC Rules for International Arbitration,” Practical Arbitration Journal, no 1, vol 5, p 58
  • (1997) “Key Changes to the ICC Rules for International Arbitration,” Practical Arbitration Journal Rules,” Mealey’s International Arbitration Report, vol 13, no 7, p 37
  • (1998) “The New English Arbitration Act 1996,” Tijdschrift voor Arbitrage, vol 3, p 81
  • (1998) with Joachim Kuckenburg, “The German Institution of Arbitration Issues New Arbitration Rules,” Mealey’s International Arbitration Report, vol 13, no 7, p 37
  • (1999) “Collection of Procedural Decisions in ICC Arbitration – Recueil des décisions de procédure dans l’arbitrage CCI (1993-1996) by Dominique Hascher,” International Arbitration Law Review, vol 2, no 1
  • (1999) “Global Warming: Milder Still in England – Part I,” International Arbitration Law Review, vol 2, no 2, p 53
  • (1999) “Global Warming: Milder Still in England – Part II,” International Arbitration Law Review, vol 2, no 4, p 117
  • (2000) “Global Warming: Milder Still in England – Part III,” International Arbitration Law Review, vol 3, no 3, p 59
  • (2000) “The Internationalisation of English Arbitration Law,” ICC International Court of Arbitration Bulletin, vol 11, no 1, p 16
  • (2000) “A Single New Arbitration Regime for 15 African States – Beyond the Model Law?” LCIA Newsletter vol 5, no 4, p 2
  • (2001) “English Judicial Decisions on Arbitration – 2000,” International Arbitration Law Review, vol 4, no 6, p 178
  • (2002) “English Judicial Decisions on Arbitration – 2001,” International Arbitration Law Review, vol 5, no 6, p 206
  • (2002) “Challenging Arbitration Awards,” New Law Journal (November (1746) and December (1834))(2002) “Arbitration without a Contract,” Mealey’s International Arbitration Report, September, vol 17, no 9
  • (2002) “Investment Protection Arbitration,” Insurance Day (November)
  • (2003) “Footing the Bill – Compensation Claims Against Argentina under ICSID,” Legal Week Global (January) p 16
  • (2003) “English Judicial Decisions on Arbitration – 2002,” International Arbitration Law Review, vol 6, no 6, p 220
  • (2001 to present) Editor, Arbitration Law Review and Reports, Oxford University Press
  • (2005) Series of articles for Legal Week Global on “Key Concepts in Investment Protection Arbitration”
  • (2010) “The High Cost of London as an Arbitration Venue – the Court of Appeal Rejects Compétence-Compétence and Separability in Midgulf v Groupe Chimique TunisienInternational Arbitration Law Review, vol 2, p 50