Kate specialises in public international law and international arbitration. Her practice covers the full range of public international law including land and maritime boundaries, law of the sea, state responsibility, treaty obligations, immunities, the use of force, international humanitarian law, international trade law, human rights, environmental law and sanctions. She also represents states and investors in investment treaty arbitrations, including under the ICSID and UNCITRAL rules.
Kate has extensive experience as an advocate before international tribunals and domestic courts. Kate has been instructed and appeared before the International Court of Justice in disputes concerning land and maritime boundaries, transboundary environmental harm, and treaty and other international obligations, as well as in advisory opinions. She has also appeared before the International Tribunal for the Law of the Sea and has been instructed in several cases before the European Court of Human Rights. She has recently appeared before the English courts in cases involving diplomatic immunity, head of government immunity, Foreign Act of State, and challenges to an investment award under the Arbitration Act 1996.
She also sits as arbitrator in international commercial disputes across a range of sectors and institutional rules. Kate holds Australian nationality only.
Kate is recommended as a leading junior for public international law in the legal directories. She has been most recently described as having a ‘first rate intellect, very well-organised mind, very diligent and able to get on with whatever the task – including complex factual and expert issues.’
Kate has taught public international law, international investment and commercial arbitration, and international human rights law at the universities of Cambridge, Paris-II (Panthéon-Assas), Queen Mary (University of London), Queen’s University (Canada), Queensland and at the Graduate Institute in Geneva.
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Example cases
- Instructed by Australia in the advisory opinion proceedings before the International Tribunal for the Law of the Sea, relating to climate change.
- Instructed by Australia in the advisory opinion proceedings before the ICJ, relating to climate change.
- Counsel for the defendants to an investment treaty award challenge under the Arbitration Act 1996 in the Commercial Court, in The Czech Republic v Diag Human SE and Josef Stava.
- Instructed by Belize in Guatemala’s Territorial, Insular and Maritime Claim (Guatemala/Belize) before the ICJ.
- Counsel for the investor (instructed by Skils) in ČEZ v. Republic of Bulgaria (ICSID Case No. ARB/16/24).
- Representing Her Royal Highness Princess Haya bint Al Hussein in proceedings in the English courts against the Prime Minister of the UAE, in relation to complex issues of diplomatic immunity, head of government immunity, and Foreign Act of State.
- Instructed by Australia in its Article 63 intervention in Allegations of Genocide under the Convention on the Prevention and Punishment of Genocide (Ukraine v Russian Federation) before the ICJ.
- Representing the UK Foreign Office in the English Courts in Charles & Dunn v FCDO, a case concerning the existence and scope of immunity of the spouse of a US diplomat in the UK.
- Instructed by the United Kingdom in Hanan v Germany, a case before the European Court of Human Rights concerning issues of extraterritorial jurisdiction in the context of an armed conflict.
- Instructed by Costa Rica in Land Boundary in the Northern Part of Isla Portillos (Costa Rica v Nicaragua) before the ICJ.
- Instructed by Costa Rica in Maritime Delimitation in the Caribbean Sea and the Pacific Ocean (Costa Rica v Nicaragua) before the ICJ.
- Instructed by Chile in Obligation to Negotiate Access to the Pacific Ocean (Bolivia v Chile) before the ICJ.
- Advising a State on the prospects of a claim under the General Agreement on Trade in Services under the WTO dispute settlement mechanisms.
Public international law
- Instructed by Australia in the advisory opinion proceedings before the International Tribunal for the Law of the Sea, relating to climate change.
- Instructed by Australia in the advisory opinion proceedings before the ICJ, relating to climate change.
- Instructed by Australia in its Article 63 intervention in Allegations of Genocide under the Convention on the Prevention and Punishment of Genocide (Ukraine v Russian Federation) before the ICJ.
- Instructed by Belize in Guatemala’s Territorial, Insular and Maritime Claim (Guatemala/Belize) before the ICJ.
- Representing the UK Foreign Office in the English Courts in Charles & Dunn v FCDO, a case concerning the existence and scope of immunity of the spouse of a US diplomat in the UK.
- Representing Her Royal Highness Princess Haya bint Al Hussein in proceedings in the English courts against the Prime Minister of the UAE, in relation to complex issues of diplomatic immunity, head of government immunity, and Foreign Act of State.
- Instructed by the United Kingdom in Hanan v Germany, a case before the European Court of Human Rights concerning issues of extraterritorial jurisdiction in the context of an armed conflict.
- Advising on the scope and effect of domestic legislation implementing the UN Convention on the Law of the Sea.
- Advising on the enforcement of a political risk insurance policy in connection with proceedings under a bilateral investment treaty in the natural resources sector in Asia.
- Representing applicants before the European Court of Human Rights in a case involving expropriation of property rights in a substantial piece of land in eastern Europe.
- Instructed by Costa Rica in Land Boundary in the Northern Part of Isla Portillos (Costa Rica v Nicaragua) before the ICJ.
- Instructed by Costa Rica in Maritime Delimitation in the Caribbean Sea and the Pacific Ocean (Costa Rica v Nicaragua) before the ICJ.
- Instructed by Chile in Obligation to Negotiate Access to the Pacific Ocean (Bolivia v Chile) before the ICJ.
- Acting for Media Legal Defence Initiative intervening in proceedings before the Court of the Economic Community of West African States, involving allegations of judicial corruption and breaches of the right to freedom of expression.
- Advising a State on a joint development zone for maritime areas, to permit exploration and exploitation of hydrocarbons by two neighbouring States while a maritime boundary dispute is pending.
- Advising an international organization on the implementation of its international law privileges by the Internet Corporation for Assigned Names and Numbers (ICANN).
- Acting for a coalition of NGOs intervening in a case before the European Court of Human Rights concerning freedom of expression.
- Instructed by Costa Rica in Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v Nicaragua) before the ICJ.
- Instructed by Costa Rica in Construction of a Road in Costa Rica Along the San Juan River (Nicaragua v Costa Rica) before the ICJ.
- Instructed by Chile in Maritime Dispute (Peru v Chile) before the ICJ.
- Instructed by Costa Rica in Navigational and Related Rights on the San Juan River (Costa Rica v Nicaragua) before the ICJ.
International arbitration
- Counsel for the defendants to an investment treaty award challenge under the Arbitration Act 1996 in the Commercial Court, in The Czech Republic v Diag Human SE and Josef Stava.
- Counsel for the investor (instructed by Skils) in ČEZ v. Republic of Bulgaria (ICSID Case No. ARB/16/24).
- Counsel for the investor in UNCITRAL proceedings involving a dispute over a plant in an eastern European State, involving complex issues of state succession.
- Counsel for the investor in Energo Pro A.S. v Republic of Bulgaria (ICSID Case No. ARB/15/19), under a bilateral investment treaty and the energy charter treaty.
- Counsel for the State in RSM Production Corporation v Saint Lucia (ICSID Case No ARB/12/10).
- Counsel for the investor in Electrabel v Republic of Hungary (ICSID Case No ARB/07/19).
- Counsel for the State in Cambodia in Cambodia Power Company and EDC v Kingdom of Cambodia (ICSID Case No ARB/09/18).
Arbitrator experience
- Co-arbitrator in an LCIA arbitration concerning an agreement for the provision of intelligence in support of legal disputes (London seat, English law).
- Co-arbitrator in an LCIA arbitration concerning a dispute arising from a loan and guarantee (London seat, English law).
- Presiding arbitrator in an ICC arbitration concerning construction of a steel plant (New Delhi seat, Indian law).
- Emergency arbitrator in an ICC proceeding involving a shareholders’ dispute and removal of individuals from the board of a joint venture company in the property development sector in Eastern Europe, including a virtual hearing (London seat, English law).
- Sole arbitrator in a US$20 million ICC dispute under a guarantee in the hospitality sector in the Middle East, including a bifurcated partial award on jurisdiction, and using virtual hearings (London seat, English law).
- President of a three-member tribunal in a US$10 million ICC dispute under a contract for the supply of coal (London seat, English law).
- Sole arbitrator in a SIAC dispute concerning the purchase of a vessel (London seat, English law).
- Sole arbitrator in an ICC dispute concerning franchising agreements in the education sector in Asia, where Respondent failed to participate (London seat, Indian law).
- Co-arbitrator in an ICC dispute concerning a joint venture in the telecommunications sector in Asia (London seat, Indian law).
- Sole arbitrator in an ICC dispute concerning a contract for provision of services in the pharmaceutical sector, including a virtual hearing with witness evidence (London seat, English law).
Human rights
- Instructed by Australia in its Article 63 intervention in Allegations of Genocide under the Convention on the Prevention and Punishment of Genocide (Ukraine v Russian Federation) before the ICJ.
- Instructed by the United Kingdom in Hanan v Germany, a case before the European Court of Human Rights concerning issues of extraterritorial jurisdiction in the context of an armed conflict.
- Representing applicants before the European Court of Human Rights in a case involving expropriation of property rights in a substantial piece of land in eastern Europe.
- Acting for Media Legal Defence Initiative intervening in proceedings before the Court of the Economic Community of West African States, involving allegations of judicial corruption and breaches of the right to freedom of expression.
- Advising a State on the implications of a decision of the European Court of Human Rights in the light of EU law Advising non-governmental organizations on an intervention before the European Court of Human Rights.
Energy and natural resources
- Counsel for the investor (instructed by Skils) in ČEZ v. Republic of Bulgaria (ICSID Case No. ARB/16/24).
- Counsel for the investor in Energo Pro A.S. v Republic of Bulgaria (ICSID Case No. ARB/15/19).
- Advising on the enforcement of a political risk insurance policy in connection with proceedings under a bilateral investment treaty in the natural resources sector in Asia.
- Counsel for the State in RSM Production Corporation v Saint Lucia (ICSID Case No ARB/12/10).
- Counsel for the investor in Electrabel v Republic of Hungary (ICSID Case No ARB/07/19).
- Counsel for the State in Cambodia in Cambodia Power Company and EDC v Kingdom of Cambodia. (ICSID Case No ARB/09/18)
- Advising a State on a joint development zone for maritime areas, to permit exploration and exploitation of hydrocarbons by two neighbouring States while a maritime boundary dispute is pending.
