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Portrait ofPieter Bekker

Peter Bekker

Arbitration Counsel and Head of Investment Arbitration Task Force

Contact
CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages German, French, English, Dutch

Professor Peter Bekker is Arbitration Counsel and Head of Investment Arbitration Task Force. A US qualified lawyer, he practises at the crossroads of international dispute resolution and energy. He combines practising law with a professorial appointment as Chair in International Law at the internationally renowned Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) within the University of Dundee in Scotland, having previously taught at Columbia Law School in New York.

Peter focuses on dispute risk management and resolution, especially arbitration, and advice regarding issues of public international law, in which he holds a doctorate. In international arbitration matters, Peter draws upon a particularly rich background: he was educated and has practised, in both Europe and the United States, in Civil law, Common law and public international law, the legal systems on which international arbitral law and procedure are based. He has experience with all the major arbitration procedures and institutions. He is listed on the American Arbitration Association’s Panel of International Arbitrators (Neutrals) and regularly sits as an arbitrator. He has been recognised in The Who’s Who in Public International Law and New York “Super Lawyers.”

Peter also advises private and public sector clients on a wide range of issues relating to private and public international law, including issues of jurisdiction, immunity, enforcement, expropriation, the law of the sea, treaty law, and State responsibility. He has extensive experience in matters involving sovereign parties, including States, state-owned entities and international organisations before both domestic and international courts and tribunals.

A native of The Netherlands, Peter was in private practice in Amsterdam before serving for nearly three years as a staff lawyer in the Registry of the International Court of Justice (ICJ), the principal judicial organ of the United Nations seated in The Hague. He has been involved in over 20 ICJ cases between sovereign States as well as several advisory proceedings.

Peter has also represented a variety of corporate clients in cross-border commercial transactions and financings — especially in the maritime and oil & gas industries. He regularly counsels clients in the drafting of arbitration clauses for international contracts.

Peter has been featured in The Times (as Lawyer of the Week), The Sunday Times, The Scotsman, the New York Law Journal and The Economist and he has been interviewed multiple times for American, British and Dutch TV and radio.

The text of a recent article written for the Harvard Social Impact Review can be accessed here.

He has won the Burton Award for Legal Achievement (Excellence in Legal Writing) in 2005. 

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Relevant experience

  • The Federal Republic of Nigeria in a proceeding challenging an investment treaty award based on the English Arbitration Act.
  • The Government of an Eastern European country in a pending investment arbitration arising from an investment in the energy sector.
  • A respondent state in a pending contentious case before the International Court of Justice.
  • The International Fund for Agricultural Development in the Global Mechanism Case before the International Court of Justice.
  • The Caribbean Regional Fisheries Mechanism (17 Member States) in Case No. 21 before the International Tribunal for the Law of the Sea in Hamburg.
  • Saudi Aramco in its claims against the Republic of Iraq before the E2 Panel of the United Nations Compensation Commission (war reparation claims).
  • State of Ukraine in relation to the negotiation of an espousal treaty settling legal issues arising from the accidental shooting down of a Russian airliner over the Black Sea in 2001.
  • French and Polish contractors in construction arbitrations with Egyptian state entities.
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Memberships & Roles

  • Association of International Petroleum Negotiators
  • Commission on Arbitration and ADR of the International Chamber of Commerce
  • Founding Member, International Arbitration Club of New York
  • American Bar Association's Section of International (former Chair, International Courts Committee)
  • American Society of International Law (former Executive Council and Nominating Committee member)
  • American and Dutch Branches of the International Law Association (former Chair, Committee on Intergovernmental Settlement of Disputes)

                                                      

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Publications

  • The Human Impact of Defiance of International Law, Harvard Social Impact Review, Apr 2022
  • The World Court Fixes the Somalia-Kenya Maritime Boundary: Technical Considerations and Legal Consequences, American Society of International law, Dec 2021.
  • Reimagining the Damages Valuation Framework Underlying Fair and Equitable Treatment Standard Violations through a Three-Stage Contextualized Approach, ICSID Review, Nov 2021
  • Making Transnational Law Work in the Global Economy—Essays in Honour of Detlev Vagts (Cambridge University Press, 2010, ISBN 9780521192521) (as chief editor, with Rudolf Dolzer and Michael Waibel)
  • The Legal Position of Intergovernmental Organizations – A Functional Necessity Analysis of Their Legal Status and Immunities (Martinus Nijhoff Publishers/T.M.C. Asser Instituut, 1994, ISBN 0-7923-2904-X) (Foreword by ICJ President Sir Robert Jennings) (doctoral thesis) (mentioned as one of seven standard immunity works in a book review in 99 American Journal of International Law 730, n. 1 (2005))
  • World Court Decisions at the Turn of the Millennium (1997-2001) (Kluwer Law International, 2002, ISBN 90-411-1791-1) (Foreword by ICJ President Stephen Schwebel)
  • Commentaries on World Court Decisions (1987-1996) (Kluwer Law International, 1998, ISBN 90-411-0558-1) (Foreword by Prof. Abram Chayes) (as editor & principal author)
  • Plus chapters in a dozen books and over 100 articles and notes in: The American Journal of International Law (25 publications since 1993); ICSID Review—Foreign Investment Law Journal; American Society of International Law Insights; The International Lawyer; Leiden Journal of International Law; Pepperdine Dispute Resolution Journal; Stockholm Arbitration Report; Netherlands International Law Review; Harvard International Law Journal; The Yale Journal of International Law; Cornell International Law Journal; International Law FORUM du droit international; Chinese Journal of International Law; ILSA Journal of International and Comparative Law; International Legal Materials; Project Finance International; American Diplomacy Magazine; Harvard Law Bulletin.
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Education

  • 1994 - Ph.D. (Law), Leiden University, The Netherlands
  • 1992 - US Qualified, New York
  • 1991 - LL.M., (Fulbright grant), Harvard Law School
  • 1991 - LL.B. (equiv.), Leiden University, The Netherlands
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Feed

04/12/2023
International arbitration law and rules in New York
New York has developed a significant body of state law on arbitration, both through the common law and statutory modifications; however, the application of the FAA has limited the number of arbitration...
16/02/2023
Will Coordinated European Withdrawal be the Death Knell of the Energy Charter...
On 22 November 2022, the Energy Charter Conference (the “Con­fer­ence”), the governing and decision-making body under the Energy Charter Treaty (the “ECT”), was scheduled to vote on the text of...
04/07/2022
Sustainable Development Goals and Reactive Legal Limitations Pervade the...
On 24 June 2022, the 53 Contracting Parties of the Energy Charter Treaty (ECT), a key multilateral treaty protecting cross-border energy investments that was originally concluded in 1991, reached a tentative...
24/06/2022
Stockholm Arbitration Tribunal Denies Jurisdiction over Intra-EU Investment...
In a groundbreaking award, dated 16 June 2022, made in Green Power Partners K/S and SCE Solar Don Benito APS v The Kingdom of Spain, a tribunal constituted under the Arbitration Rules of the Arbitration...
20/06/2022
The United States Supreme Court Restricts Discovery for International Arbitrations
In a landmark decision issued on 13 June 2022,[1] the US Supreme Court (“SCOTUS”), America’s highest court, ruled that the scope of Section 1782 of the United States Code (“U.S.C.”) does not...
11/02/2022
World Bank Arbitration Statistics show record number of new cases in 2021
On 7 February 2022, the International Centre for Settlement of Investment Disputes (ICSID), the World Bank’s arbitration institution, published its annual caseload statistics. The caseload statistics...
23/09/2021
EU Court of Justice rules against Intra-EU arbitration under the Energy...
On 2 September 2021, the Court of Justice of the European Union (CJEU) ruled that intra-EU arbitrations based on the Energy Charter Treaty (ECT) violate EU law. The decision is likely to impact the 43...
09/12/2020
Is the sun setting on the Energy Charter Treaty? An update on the modernisation...
On 2 December 2020, the European Commission (the “Com­mis­sion”) indicated that if “core EU objectives” are not met as part of the ongoing negotiations to modernise the Energy Charter Treaty (the...
04/05/2020
International Law in times of crisis: COVID-19 and Foreign Investments
As the COVID-19 pandemic continues to unravel without regard to national borders, countries around the world are faced with both public health and economic issues on a scale not previously seen. In this...
19/11/2018
Oil and Gas: Protecting LNG project and feed-gas supply from State interference
A recent award rendered by a tribunal acting under the auspices of ICSID, the World Bank’s arbitration institution, in Union Fenosa Gas S.A. v Arab Republic of Egypt, provides further guidance for companies...
17/05/2017
Drastic changes in renewable energy laws trigger damages award
In an award dated 4 May 2017 (publicly available in Spanish only) issued in Eiser Infrastructure Limited and Energia Solar Luxembourg S.à.r.l v The Kingdom of Spain (ICSID Case No. ARB/13/36), an arbitral...
20/03/2017
Due diligence and proportionality under scrutiny in latest ICSID liability...
Summary In a decision dated 21 February 2017, a tribunal acting under the auspices of the International Centre for Settlement of Investment Disputes (“ICSID”), the World Bank’s arbitration institution...