Anthony Sinclair

Practice Areas

Construction Litigation

Energy Sector Disputes

International Trade Litigation

Middle East & North Africa Practice

International Arbitration

Experience

Dr. Anthony Sinclair specialises in international commercial arbitration, investment treaty arbitration, and public international law. His work spans a broad range of industry sectors, with particular focus on the oil and gas, energy and mining, telecommunications, infrastructure and utilities sectors, especially in emerging markets, as counsel and arbitrator. His experience includes handling disputes under ICC, LCIA, ICSID and UNCITRAL arbitration rules arising out of concession agreements, licences, production sharing and operating agreements, joint ventures, EPC and other construction agreements, host government and inter-governmental agreements, management and service agreements, distributorships, investment agreements, financing agreements and derivatives and post-M&A matters. He also has extensive experience as counsel for both private investors and States handling disputes under bilateral investment treaties (BITs) and the Energy Charter Treaty (ECT), and has also been counsel in several ICSID annulment proceedings. He has advised States on the negotiation and drafting of treaties, headquarters agreements and intergovernmental agreements.

Anthony is co-author and editor of both the second edition of The ICSID Convention: A Commentary (Cambridge University Press, 2009), and the third edition, Schreuer’s Commentary on the ICSID Convention (Cambridge University Press, 2022) and widely published in the field of international investment law and international arbitration.

He is the joint winner of the 2017 International Arbitration Club of New York annual Smit-Lowenfeld Prize for an outstanding article published in the field of international arbitration. He has a PhD in law from the University of Cambridge on international arbitration and public international law. In 2011, he was named one of Global Arbitration Review’s ‘45 under 45’ leading arbitration practitioners. In 2018, he was named a Thought Leader in Arbitration by Who’s Who Legal and was selected by his peers for inclusion in Best Lawyers in the UK since 2018 for International Arbitration: London. Law360 named him a 2018 MVP for International Arbitration.

Anthony’s experience as arbitrator includes sitting on commercial and investor-state arbitral tribunals in ad hoc proceedings, under UNCITRAL Rules and under domestic legislation, and in institutional arbitration proceedings under the CRCICA, ICC and LCIA arbitral rules.

Clients

Amiral

AngloGold Ashanti

Arcelor Mittal

Barrick

BlackRock

Blantyre Capital

Buried Hill

DP World

EBRD

Lionsgate

Millicom

NMC

Neqsol

Republic of Azerbaijan

VR Capital

Publications

Books

The ICSID Convention: A Commentary (2nd edition, Cambridge: Cambridge University Press, 2009) (co-author, with Christoph Schreuer, Loretta Malintoppi and August Reinisch).

Articles and Book Chapters

“Umbrella Clause Claims” in M. Bungenberg, J. Griebel, S. Hobe and A. Reinisch (eds.), International Investment Law: A Handbook (Beck/Hart, forthcoming, 2012).

“ICSID” in J. W. Rowley (ed.) Arbitration World (3rd edition, London: European Lawyer, 2010) (with Stephen Jagusch and Matthew Gearing).

“Differences in the Approach to Witness Evidence between the Civil and Common Law Traditions” in R. D. Bishop and E. G. Kehoe (eds.), The Art of Advocacy in International Arbitration (2nd edition, Huntington, NY: Juris, 2010).

“Execution of Judgments or Awards against the Assets of State Entities” (2010) 4(1) Dispute Resolution International 95 (with David Stranger-Jones).

“ICSID Arbitration: How Long Does it Take?” (2009) Global Arbitration Review (voted “Best Article of 2009” by OGEMID subscribers).

“MFN Treatment and Adjudication of Investment Disputes” (2009) 21(2) National Law School of India Review (with Lucia Raimanova).

“Enforcement of Arbitral Awards against Sovereigns – Experience in the Courts of England and Wales” in R. D. Bishop (ed.), Enforcement of Arbitral Awards against Sovereigns (Huntington, NY: Juris, 2009) 273 (with Judith Gill QC and Stephen Jagusch).

“ICSID's Nationality Requirements” (2008) 23(1) ICSID Review—Foreign Investment Law Journal.

“Bridging the Contract/Treaty Divide” in C. Binder, U. Kriebaum, A. Reinisch, and S. Wittich (eds.), International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer (Oxford: OUP, 2008) 92.

“Denial of Advantages under Article 17(1)” in G. Coop and C. Ribeiro (eds) Investment Protection and the Energy Charter Treaty (Huntington, NY: Juris, 2008) 17 (with Stephen Jagusch).

“The Umbrella Clause Debate” in A. K. Bjorklund, I. A. Laird and S. Ripinsky (eds.) Investment Treaty Law: Current Issues - Volume III (London: BIICL, 2008) 275.

“ICSID’s Nationality Requirements” in T. J. Weiler (ed.) Investment Treaty Arbitration and International Law (Huntington, NY: Juris, 2008) 85.

“Assignment and Arbitration” in E. Gaillard and D. Di Pietro (eds.) Enforcement of Arbitration Agreements and International Arbitral Awards—The New York Convention 1958 in Practice (London: Cameron May, 2008).

“ICSID Arbitrators: Is there a Club and Who Gets Invited?” (2007) 1(5) Global Arbitration Review 11 (with Noah Rubins and Matthew Hodgson).

“Gateways to the Energy Charter Treaty” (2007) Global Arbitration Review 11 (with Stephen Jagusch).

“The Foreign Nationality Requirements in ICSID Arbitration” in R. Hoffmann and C.J. Tams (eds.) The International Convention on the Settlement of Investment Disputes (ICSID): Taking Stock After 40 Years (Baden-Baden: Nomos, 2007) 129.

“The Limits of Protection for Investments and Investors under the Energy Charter Treaty” in C. Ribeiro (ed.) Investment Arbitration and the Energy Charter Treaty (Huntington, NY: Juris, 2006) 73 (with Stephen Jagusch).

“A Case for Reform of the UNCITRAL Rules: Commentary on the Econet Wireless Ltd UNCITRAL Arbitration” (2006) 21(6) Mealey’s International Arbitration Report.

“ICSID Arbitration: One ‘Lost’ Annulment Case” (2006) 1(3) Global Arbitration Review 14.

“AIG Capital Partners v. Republic of Kazakhstan and the National Bank of Kazakhstan: Case Note” (2006) International Arbitration Law Review.

“Partiality and Issue Conflicts” (2006) 1(5) Global Arbitration Review 11 (with Matthew Gearing).

“The Impact of Third Parties on International Arbitration—Issues of Assignment” in L. Mistelis and J. Lew (eds.) Pervasive Problems in International Arbitration (London: Kluwer Law International, 2006) (with Stephen Jagusch).

“Aminoil Revisited: Reflections on a Story of Changing Circumstances” (with Professor Martin Hunter) in T.J. Weiler (ed.) International Investment Law and Arbitration: Leading Cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law (London: Cameron May, 2005) 347.

“The Substance of Nationality Requirements in Investment Treaty Arbitration” (2005) 20(2) ICSID Review—Foreign Investment Law Journal 357.

“Investment Protection for Mailbox Companies under the 1994 Energy Charter Treaty” (2005) 5(2) Transnational Dispute Management.

“The Origins of the Umbrella Clause in the International Law of Investment Protection” (2004) 4 Arbitration International 411.

“Nationality of Individual Investors in ICSID Arbitration” (2004) 7(6) International Arbitration Law Review 191.

“Award-Creditor Security and a Continuing Stay of Enforcement in CDC Group v. Seychelles” (2004) 19(9) Mealey’s International Arbitration Report 35.

“Using the UNIDROIT Principles of International Commercial Contracts in International Commercial Arbitration” (2003) 6 International Arbitration Law Review 65.

“The UNIDROIT Principles and their Application to State Contracts” (2002) ICC International Court of Arbitration Bulletin – Special Supplement 57 (with Professor James Crawford).

“Funding Decisive: Asbestos Group Action to Proceed in England” (2001) Lloyd’s Maritime and Commercial Law Quarterly 197.