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Ben Juratowitch

Partner  

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



 

Practice

Disputes


About

Ben Juratowitch represents clients before the International Court of Justice and international arbitral tribunals. 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 and pharmaceutical sectors
  • trans-boundary pollution
  • the law of the sea
  • control over airspace
  • state immunity
  • treaty drafting, validity, application, interpretation and termination
  • 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

Some of his current cases are 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 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, seeking annulment of an arbitral award concerning the relationship between European law and investment protection treaties  

His past cases include, for example, representing:

  • 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 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

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:

  • '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
  • 'Waiver of State Immunity and Enforcement of Arbitral Awards' (2015) Asian Journal of International Law
  • '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)
  • ‘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

More information on our public international law practice may be found at this link: Public International Law

 



Qualifications and education

  • Solicitor Advocate, England and Wales
  • Solicitor, Supreme Court of Queensland, Australia
  • 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

  • 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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