Emily Hay

Practice Areas

Emily Hay acts as arbitrator and counsel in international arbitration proceedings. She has acted as arbitrator, counsel, tribunal secretary and assistant to tribunal in international commercial and investment treaty arbitrations, both ad hoc and under various institutional rules (CEPANI, DIAC, DIFC-LCIA, ICC, ICSID, LCIA, SCC, SIAC, UNCITRAL).

Emily’s cases span various industry sectors, including aggregates, aviation, banking, blockchain and cryptocurrency, construction, consumer appliances, energy, fast food, fuel cell technology, hydropower, intellectual property, medical devices, military equipment, nuclear energy, oil and gas, real estate, renewables, sale of goods, satellites and shipping.

‍With expertise in new technology, data protection, ESG and renewable energy, Emily also advises on emerging areas of disputes.

‍Emily has lived and worked in Asia, Australia, Europe and the Middle East, bringing a truly global perspective to her practice.

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Career

Emily has been ranked by Who’s Who Legal since 2021 as a Future Leader in Arbitration, and in 2024 and 2025 as a Global Elite Thought Leader (Under 45). Since 2023 she has been among the EMEA Non-Partners most highly regarded individuals. She has been described as “analytical in her approach and commercially-minded in decision-making - one of the leading arbitrators of the future”, having “all the hallmarks of a future star”, “very meticulous and brilliantly impressive” and “an expert in data protection and technology”.

‍Emily regularly writes, speaks and teaches on issues related to international arbitration, in particular on new technology, ESG and renewable energy. She is Visiting Assistant Professor at National Yang Ming Chiao Tung University in Taiwan.

Professional Memberships

Emily is the Co-Chair of the ICC Commission on Arbitration and ADR Task Force on the Use of AI in International Dispute Resolution. She is also the Chair of the ICC Australia Arbitration Steering Committee. She serves on the ACICA Rules Committee and the IBA Arbitration Committee ESG Subcommittee.

Emily is a member of the following arbitrator rosters:

Abu Dhabi arbitrateAD

Australian Centre for International Commercial Arbitration (ACICA)

Belgian Centre for Arbitration and Mediation (CEPANI)

Blockchain Legal Forum (BLF)

Chinese Arbitration Association (CAA Taipei) Panel of Arbitrators

Dubai International Arbitration Centre (DIAC)

Hong Kong International Arbitration Centre (HKIAC) List of Arbitrators

Korean Commercial Arbitration Board (KCAB) International

Patent Mediation and Arbitration Centre (PMAC)

SIAC Reserve Panel of Arbitrators

Thailand Arbitration Centre (THAC)

World Intellectual Property Organization (WIPO) Arbitration and Mediation Center List of Arbitrators; List of Neutrals

Publications

- ‘Thinking Outside the Black Box: Arbitration and Artificial Intelligence’ in C. Bao and A. Sheppard KC (eds), ICCA Congress Series No. 22, International Arbitration: A Human Endeavour (Hong Kong 2024) (Kluwer, 2025)

- ‘Offshore Wind Disputes’ in Kristoffer Svendsen and Catherine Banet (eds), Offshore Wind Handbook (forthcoming, Edward Elgar)

- ‘Consumer Protection’ in J. R. Mata Dona and N. Lavranos / N. Lavranos and S. Castagna (eds), International Arbitration and EU Law (Edward Elgar, 1st edn 2021, 2nd edn 2024) with Niuscha Bassiri

- ‘Under My Umbrella: Seeking Shelter Under an ESG Clause’ (2023) 16(2) Contemporary Asia Arbitration Journal 215

- ‘Supply Chain Disputes and ESG Contractual Clauses’ in L. Achtouk-Spivak, R. Barrett et al, ESG and International Arbitration: Beyond the Acronyms – Reports from the CEPANI Colloquium held on 17 November 2023 (Kluwer, 2023), with Lisa Bingham

- 'Demystifying the Metaverse’, ACICA Review (December 2022)

- ‘ESG Clauses and Dispute Risks’, Kluwer Arbitration Blog (11 December 2022)

- ‘Something Borrowed, Something Blue: The Best of Both Worlds in Metaverse-related Disputes’ (2022) 15(2) Contemporary Asia Arbitration Journal 205, with Elizabeth Chan

- ‘Data Protection and International Arbitration: Never the Twain Shall Meet?’ in P. Ortolani et al (eds), International Arbitration and Technology (Kluwer, 2022)

- ‘Issues of Arbitrability in Telecoms Arbitration’ in W. Pydiamah (ed), Global Arbitration Review: The Guide to Telecoms Arbitrations (Law Business Research, 2022)

Expert in these Jurisdictions

- Admitted in the Supreme Court of New South Wales (2013)

- Registered at the Brussels Bar (B-list) (2013)

Emily's cases have been conducted under a range of substantive laws, including the laws of Belgium, Cambodia, DIFC, England, France, India, Korea, the Netherlands, Nigeria, Peru, Singapore, Switzerland, Turkey, UAE and the United States (New York).

Languages Spoken

English, Spanish, French.

Experience

Selected cases include:

- Counsel for a Western European satellite operator in an LCIA arbitration against a Western European aerospace and defence company relating to the sale and purchase of satellites (seat London, English law)

- Counsel for respondent in an ICC arbitration in the banking sector regarding a share purchase agreement (seat Paris, Dutch law)

- Sole arbitrator in a DIAC arbitration under a loan agreement (seat DIFC, English law)

- Sole arbitrator in an LCIA arbitration under a contract related to cryptocurrency (seat London, English law)

- Chair in a DIAC arbitration under a contract for purchase of crude oil (seat Dubai, English law)

- Sole arbitrator in a SIAC arbitration under a share transfer agreement (seat Singapore, Singapore law)

- Sole arbitrator in an ICC arbitration under a fundraising agreement (seat Singapore, Singapore law)

- Co-arbitrator in a DIFC-LCIA arbitration under a shareholders’ agreement (seat Dubai, English Law)

Personal

Emily is an Australian and a Belgian national.