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Ben Juratowitch

Partner  

Ben Juratowitch is head of the firm's public international law practice globally and a partner in the international arbitration group

 

Practice

Disputes

About

Ben represents clients before international courts and tribunals. Examples of his current and past cases include acting for:

  • The Government of Chile in proceedings brought against it by Bolivia at the International Court of Justice concerning Bolivia's claim to sovereign access to the Pacific Ocean
  • East Mediterranean Gas and its shareholders in four arbitrations, two under English law contracts and two under investment treaties, against the Republic of Egypt and Egyptian state-owned entities concerning the cessation of gas supply from Egypt to Israel during the Arab Spring
  • The Government of Romania in an arbitration and subsequent annulment proceedings concerning the relationship between European law and investment protection treaties  
  • The Government of Italy in an inter-State arbitration under the United Nations Convention on the Law of the Sea, and in proceedings before the International Tribunal for the Law of the Sea, concerning jurisdiction over the Enrica Lexie incident
  • A multinational oil and gas company in an arbitration against a South-East Asian State under an English law contract concerning stabilization of taxation obligations
  • The Republic of South Africa when foreign investors claimed that implementation of its Black Economic Empowerment policies in the mining sector contravened investment treaties
  • The Government of Slovenia in a case against Croatia before the European Court of Human Rights concerning the treatment of a State-owned Slovenian bank by Croatian authorities
  • The Government of Chile in its maritime boundary dispute with Peru decided by the International Court of Justice
  • Swisslion in the first investment treaty case to be brought against the Republic of Macedonia
  • The Government of Kenya in an investment arbitration concerning the withdrawal of a licence to exploit geothermal energy
  • REDRESS in making an amicus curiae submission requested from it by the International Criminal Court in the Bemba case concerning the approach to reparations to victims to be adopted following convictions for international crimes in the Democratic Republic of Congo and the Central African Republic

He has represented and advised states, corporations, individuals, international organisations and non-governmental organisations on:

  • sovereignty over territory
  • land and maritime boundaries
  • the application of investment protection treaties, including to foreign investments in the energy, mining, financial and food and beverage sectors
  • a broad range of international commercial disputes, including in the energy, financial, manufacturing, pharmaceutical, technology and food and beverage sectors
  • trans-boundary pollution
  • the law of the sea
  • control over airspace
  • state immunity
  • negotiating, drafting, interpreting, applying, terminating and making reservations to treaties
  • use of trans-boundary freshwater resources
  • concessions to operate infrastructure or to extract natural resources, including where the statehood of the granting state is in question or where a relevant boundary is disputed
  • agreements stabilizing regulatory regimes, including concerning taxation
  • international human rights law
  • constitutional law in various jurisdictions, especially as it is informed by or implements international law

The 2016 Legal 500 directory describes Ben as combining “an excellent legal mind with a very strategic and practical approach”.

Who's Who Legal describes him as “one of the leading lawyers in public international law”.

Leading independent practitioners (quoted in the Global Arbitration Review, 3 April 2014) have said that Ben:

  • is “a first-rate lawyer, with a very good sense of what is and what is not important on a case, and is also a very good team player and thus a pleasure to work with. He is an astute and perceptive international lawyer”

  • “is a thoughtful, perceptive and original lawyer with a first-rate appreciation of client needs and of ways to achieve them”

  • has “exceptional talent” and is “a very sharp legal analyst and a very rigorous lawyer”

He teaches an annual course of seminars on international dispute settlement at the University of Paris Descartes and has been a visiting fellow in the Faculty of Law at the London School of Economics.

His publications include:

  • ‘Individual Rights in Disputes between States’, a paper delivered for the British Institute of International and Comparative Law and the Melbourne Law School on 30 June 2016 (pages 42-46)
  • ‘The Kosovo Question’, a paper delivered for the British Institute of International and Comparative Law on 25 May 2016
  • ‘Waiver of State Immunity and Enforcement of Arbitral Awards’ (2016) 6 Asian Journal of International Law 199
  • ‘Hydrocarbons in Disputed Areas’ (2015) 44(4) International Law News 1
  • ‘Resolution of Disputes involving the Rights of Indigenous Peoples and Extraction of Natural Resources by Foreign Investors’ (2015) 108 Proceedings of the American Society of International Law 5
  • ‘Fora Non Conveniens for Enforcement of Arbitral Awards against States’ (2014) 63(2) International and Comparative Law Quarterly 477
  • ‘The Temporal Effect of Judgments in the United Kingdom’ in The Effects of Judicial Decisions in Time (Intersentia, Cambridge, 2014)
  • ‘Diplomatic Protection of Shareholders’ (2010) 81 British Yearbook of International Law 281
  • Retroactivity and the Common Law (Hart Publishing, Oxford, 2008), reviewed by Lord Nicholls at (2008) 124 Law Quarterly Review 712
  • ‘The Relationship between Diplomatic Protection and Investment Treaties’ (2008) 23 ICSID Review 10
  • ‘The Doctrine of Separability and Consent to Arbitrate’ (2008) 24 Arbitration International 475
  • ‘Torture is Always Wrong’ (2008) 22 Public Affairs Quarterly 81
  • ‘Questioning Prospective Overruling’ (2007) New Zealand Law Review 393
  • ‘The European Convention on Human Rights and English Private International Law’ (2007) 3 Journal of Private International Law 173
  • ‘Retroactive Criminal Liability and International Human Rights Law’ (2004) 75 British Yearbook of International Law 337

Qualifications and education

  • Solicitor Advocate, England and Wales
  • Solicitor, Supreme Court of Queensland, Australia
  • Registered to appear before the Singapore International Commercial Court and the French courts
  • Doctorate in Law, University of Oxford
  • Masters in Law (BCL), University of Oxford
  • Rhodes Scholar, University of Oxford
  • Bachelor of Laws, University of Queensland
  • Bachelor of Arts in International Relations, University of Queensland

 

More information on our public international law practice, our investment treaty practice and our commercial arbitration practice is available at these links.

 

  • Paris

  • 2 rue Paul Cézanne
  • 75008 Paris
  • T +33 1 44 56 44 56
  • F +33 1 44 56 44 00

    Direct line
    T +33 1 44 56 27 45
    F +33 1 70 39 27 45


  • ben.juratowitch@freshfields.com
  • vCard (Download Ben's contact details)
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