The Evolving Landscape of Investor-State Dispute Settlement (ISDS) in Portugal

Over the years, Portugal has witnessed significant developments in its approach to Investor-State Dispute Settlement (ISDS), reflecting broader global trends and policy shifts. This evolving landscape is crucial to understand how the country navigates the delicate balance between attracting foreign investment and safeguarding its regulatory autonomy. Here, we delve into a few key aspects of this evolution, exploring recent developments, ongoing challenges, and the implications for both investors and the Portuguese government.

 

1. Termination of BITs and the European Union’s influence

One of the most notable shifts in Portugal’s ISDS landscape has been the termination of Bilateral Investment Treaties (BITs) between the European Union (EU) Member States – this is in line with the EU’s broader policy position to reform ISDS. As of July 2022, Portugal ratified the termination of such BITs, emphasizing a unified EU approach to investment protection. Such decision reflects a move towards a more integrated and standardized system, where intra-EU investment disputes are resolved within the EU framework.

 

2. European Union’s push for Investment Court System

Portugal’s alignment with the EU’s broader strategy can be seen in its potential support for the Investment Court System (ICS). The ICS represents a departure from traditional ISDS mechanisms, aiming to establish a permanent international investment court with appointed judges and an appeal procedure. By endorsing this approach, Portugal will likely be able to signal its commitment to a more transparent, accountable, and institutionalized system for resolving investment disputes. This new paradigm is consistent with the EU’s efforts to address criticisms of traditional ISDS mechanisms, such as a lack of transparency and potential conflicts of interest.

 

3. Flexibility in Dispute Resolution Mechanisms

Portuguese investment treaties still demonstrate a certain degree of flexibility in dispute resolution mechanisms. Including options such as local courts, ICSID Arbitration, and ad hoc arbitration under UNCITRAL rules offers investors with choices. However, some treaties limit recourse to local remedies, emphasizing a balance between encouraging diplomatic resolution through negotiation and providing international arbitration channels available.

 

4. Ongoing challenges and concerns

The termination of BITs and the shift towards the ICS model are not without challenges. Critics argue that the ICS might introduce complexities and delays into the dispute resolution process, potentially deterring investments. Additionally, the reliance on local courts in some treaties raises concerns about impartiality and the effectiveness of domestic judicial systems. Finding the right balance between investor protection and preserving regulatory autonomy remains a key challenge for Portugal.

 

5. Implications for investors and the Portuguese government

The evolving ISDS landscape in Portugal has significant implications for both investors and the government. Investors benefit from a clearer and more standardized framework for dispute resolution, promoting confidence and predictability. At the same time, the Portuguese government gains greater control over its regulatory processes thereby decreasing the exposure to external arbitration. The emphasis on diplomatic negotiations as a precursor to arbitration indicates a commitment to settling disputes amicably whenever possible.

 

6. Future directions and international cooperation

Looking ahead, the Portuguese approach to ISDS is expected to further develop in response to global trends and challenges and Portugal could play a key role in shaping EU debates on investment protection. International cooperation to improve the ICS model and address concerns is indeed vital and, in this sense, Portuguese diplomatic and legal experience could contribute to the ongoing dialogue on the creation of a sound and fair international mechanism for resolving investment disputes.

All in all, the ISDS landscape in Portugal is changing, mirroring the dynamic nature of international investment law. The termination of BITs, the alignment with the EU’s ICS model and the focus on the flexibility of dispute resolution mechanisms highlight Portugal’s willingness to adopt a balanced and adaptable approach. Implications for investors and government underline the importance of navigating this evolving landscape with caution and foresight.

 

To learn more, please read the Portuguese chapter of the GAR Investment Treaty Arbitration, submitted by the Portuguese team of Victoria Associates, available here.

Victoria Associates has successfully represented clients in disputes related to international investment arbitration and welcomes any question that may arise in this context (info@victoria.associates).

Costs of Arbitration in Portugal

Arbitration Costs in Portugal

When selecting a dispute resolution method, the expense of arbitration is a primary consideration. As disputes become unavoidable, parties often first wonder, “What will the financial implications be?” Sometimes, by this stage, it might feel late for such considerations.

Surprisingly, many arbitration agreements don’t directly address cost concerns. Typically, detailed discussions on this topic emerge only in prominent cases during dispute resolution clause negotiations. One reason might be that during the initial agreement, parties either don’t anticipate conflicts or underestimate the financial ramifications of their chosen method. In some instances, due to time constraints (a situation often referred to as “midnight clauses”), parties might hastily use a standard clause from an arbitration institute, assuming it addresses all potential concerns. However, by the time conflicts manifest, reevaluating such decisions is often not feasible.

This overview generally aligns with the situation in Portugal. Arbitration in Portugal often incurs higher costs than state court litigation.

There’s a belief that for disputes involving sums greater than €3 million, arbitration proves more economical. But this notion isn’t entirely grounded. The Judicial Procedural Costs Regulation grants judges the discretion to forgo final account preparations in cases, implying parties might not face additional costs beyond initial procedural fees. When making such a determination, judges consider the case’s intricacies and the efforts invested. Portugal’s Constitutional Court has clarified that any decision that fails to account for these factors, while still mandating parties to adhere to the full Regulation’s cost schedule, contravenes the national Constitution. Thus, in most cases, judges are inclined to trim the payable amounts.

Furthermore, the prevailing party in a court scenario cannot fully recuperate all costs tied to their claim or defense, especially legal team expenses. These recoverable sums are generally a fraction of the total legal fees. On the contrary, according to Portuguese Arbitration Law and prevalent arbitration institution rules, arbitrators have the liberty to incorporate legal fees into the final award, determining the extent borne by the unsuccessful party.

This flexibility often renders arbitration more enticing compared to court proceedings. However, it’s pivotal to juxtapose this with the initial financial outlay that arbitration participants typically need to cover, often in full, prior to the award.

Lastly, when looking globally, Portugal boasts several competitive advantages in arbitration expenses. One of the advantages is that, while maintaining high-quality legal services, attorney charges are considerably lower than in other leading jurisdictions. Another advantage in this respect is that arbitral institutions usually entail reduced costs when compared to other international venues.

Independence and Impartiality of Arbitrators and Artificial Intelligence

Victoria Associates - International Disputes

The independence and impartiality of the arbitrators is a long lasting hot topic in international arbitration. Indeed, one of the fundamental requirements of the decision-making process of arbitration is that the arbitrators must be, and remain throughout the entire proceeding, independent and impartial.

When selecting the arbitrators, there are a number of questions that arise, and running a proper conflict of interests check is paramount, lest there is any circumstance related to the arbitrator’s independence and impartiality that may jeopardise the entire process.

In this regard, we can ask the questions: can AI help in selecting (or even make the final decision on the selection of) the arbitrator? How does the use o AI help in relation to the independence and impartiality of the arbitrators?

The use of AI in the selection of arbitrators can definitely help and have a positive impact on the independence and impartiality of arbitrators.

Here are some specific advantages:

1. Objective evaluation: AI algorithms can assess the qualifications, experience, and performance records of potential arbitrators in an objective manner, without being influenced by personal biases or subjective factors. This helps ensure a fair and unbiased evaluation of candidates based on their merits, enhancing the independence of the selection process.

2. Reduced human bias: human biases, conscious or unconscious, can sometimes affect the selection of arbitrators. By relying on AI algorithms, which are designed to be neutral and objective, the risk of bias in the selection process can be minimized. This promotes greater impartiality in choosing arbitrators.

3. Comprehensive analysis: AI systems can gather and analyse extensive data on potential arbitrators, including their past cases, decisions, and feedback from parties involved. This comprehensive analysis allows parties to make more informed decisions based on objective information, reducing the reliance on subjective assessments and further enhancing the impartiality of the selection process.

4. Diverse and inclusive selection: AI can help address concerns about diversity and inclusivity in arbitrator appointments. By examining a wide range of data and criteria, AI algorithms can identify a more diverse pool of candidates, including individuals from different backgrounds, genders, and regions. This promotes inclusivity and contributes to the independence and impartiality of the arbitration process.

5. Transparent and traceable process: The use of AI in arbitrator selection can provide transparency by offering a clear and traceable process. Parties can understand the criteria and factors that led to the selection of a particular arbitrator, ensuring transparency in the decision-making process. This transparency fosters confidence in the independence and impartiality of the selected arbitrator.

It is important to note that while AI can enhance the independence and impartiality of arbitrator selection, it should not replace the exercise of human judgment. Human oversight and final decision-making remain crucial in considering the unique circumstances of each case. AI should be viewed as a tool to assist and augment the selection process, reinforcing the core principles of independence and impartiality in arbitration.

Photo of Saúl Bucio on Unsplash

Victoria Associates Sponsored the 24th Annual IBA Arbitration Day

Victoria Associates Sponsored the 24th Annual IBA Arbitration Day
Victoria Associates Sponsored the 24th IBA Arbitration Day

Victoria Associates sponsored the 24th Annual IBA Arbitration Day, that took place last 13 and 14 April, in Lisbon.

More than 500 people and a host of excellent speakers gathered in the Lisbon Congress Centre to discuss issues related to the topic “International arbitration in a divided world: a challenge to the system’s legitimacy”.

The program included panels that discussed:

• The impact of third party funding on investment arbitration
• The implications of sanctions for international arbitration
• Duty of disclosure: self-regulation vs statutory regulation
• Dealing with corruption in international arbitration

The IBA Arbitration Day also included a keynote speech dedicated to the subject “The perils and promise of transparency”.

Check the Program HERE

Victoria Associates sponsored the event, which made us extremely happy and proud, as the photo illustrates (from left to right Ricardo Vigário, Duarte G Henriques, Rita de Carvalho and João Frazão). It speaks loads about the positioning and relevance of Victoria Associates in the arena of international arbitration, as we will explain in a future post.

Please go to our WEBSITE or send us a message (info@victoria.associates) to learn more.

#EmbarkWithUs

Mondaq – International Arbitration Comparative Guide – Portugal

Victoria Associates is pleased to announce that Duarte Henriques and João Frazão wrote the Portuguese report for Mondaq’s International Arbitration Comparative Guide.

The International Arbitration Comparative Guide is edited by Herbert Smith Freehills partner Craig Tevendale and also Vanessa Naish (HSF).

The Guide is a collection of country reports from around 40 jurisdictions, in a Q&A style, and is available online here: https://www.mondaq.com/litigation-mediation–arbitration/1293856/international-arbitration-comparative-guide

The Portuguese Comparative Guide will help you in:

1. Understanding the local context: A country report on Portugal can offer valuable insight into the local context, including the legal system, culture, and business practices. This understanding can help parties involved in international arbitration to navigate the process more effectively.

2. Insight into arbitration procedures: The report can provide insight into the local arbitration procedures used in Portugal. Understanding the legal framework for arbitration in Portugal can help parties involved in international arbitration to better understand the process and to anticipate any potential issues that may arise.

3. Availability of resources: The report can also provide information on the availability of resources. This information can help parties involved in international arbitration to identify and engage the most appropriate resources for their needs.

Overall, reading a country report for Portugal on international arbitration can offer valuable insight into the legal, cultural, and economic context in which international arbitration takes place in the country.

Please feel free to write to us if you have any additional questions: duarte@victoria.associates and joao@victoria.associates .

Duarte G Henriques on the SVAMC Tech List 2023

We are pleased to announce that Duarte G Henriques has rejoined the List of the World’s Leading Technology Neutrals of the Silicon Valley Arbitration and Mediation Center, being the only Portuguese lawyer on the list (check it HERE).

The 2023 List of the World’s Leading Technology Neutrals promotes efficient and effective technology dispute resolution, including the use of arbitration and mediation to resolve business disputes among companies of the tech sector or involving technological matters.

For more information, please visit the SVAMC website HERE.  

Arbitration and Art Law: Navigating the Intersection of two Complex Fields

The need for expertise

As the art world continues to grow, so does the need for professionals who understand both the legal and commercial aspects of the industry. With the increasing frequency of disputes in the art market, it is crucial to have a deep understanding of arbitration and its relationship with art law.

Arbitration is a method of resolving disputes outside of the traditional court system. It is often used in art law to settle disputes between buyers and sellers, collectors and museums, and artists and galleries. The key benefit of arbitration is that it provides a confidential and efficient process for resolving disputes, without the need for public court proceedings.

Art law, on the other hand, covers a wide range of legal issues related to the creation, ownership, and sale of art. It encompasses areas such as copyright, trademark, and cultural heritage laws, as well as contracts and negotiations in the art market.

As arbitration and art law intersect, it is essential for professionals to have a thorough understanding of both fields. Whether you are a lawyer, art dealer, or artist, having a deep understanding of both arbitration and art law will give you a significant competitive advantage in the art world.

Types of Disputes in the Art sector

The art sector is subject to a variety of disputes, including:

  1. Ownership disputes: when multiple parties claim ownership of the same work of art.
  2. Authentication disputes: when the authenticity of a work of art is called into question.
  3. Contract disputes: when disagreements arise over the terms of an agreement between an artist, gallery, or collector and a buyer.
  4. Copyright disputes: when someone uses a work of art without the permission of the copyright holder.
  5. Forgery disputes: when a work of art is found to be a fake or counterfeit.
  6. Insurance disputes: disagreements between insurance companies and policyholders over coverage for losses related to works of art.
  7. Financing disputes: when a work of art is used as a collateral in a financial facility.
  8. Valuation disputes: when the value of a work of art is in dispute, often in the context of insurance or tax matters.
  9. Cultural heritage disputes: disputes over the ownership and display of cultural artifacts, including works of art.

Stakeholders to Disputes in Art Law

In art law disputes, there can be several potential stakeholders, including:

  1. Artists – They have a vested interest in the protection of their work and the recognition of their rights as creators.
  2. Collectors – They may be involved in disputes over authenticity, title, and ownership of artworks.
  3. Dealers and Galleries – They can be impacted by disputes over commission, fraud, and breaches of contract related to the sale or exhibition of art.
  4. Auction Houses – They can be parties to disputes involving the sale or authenticity of artworks.
  5. Insurance Companies – They may be involved in disputes over coverage for loss or damage to artworks.
  6. Museums – They may be involved in disputes over the ownership, loan, or exhibition of artworks.
  7. Estate Executors and Heirs – They may be involved in disputes over the distribution of artworks in an estate.
  8. Governments and Public Institutions – They may be parties to disputes over the return of cultural heritage or stolen artworks.

These stakeholders may seek to assert their rights and interests through various legal mechanisms and arbitration is surely the best tool to do so.

***

Duarte Henriques is a founder member of Victoria Associates and he is arbitrator listed at the Court of Arbitration for Art (CAfA)

#Arbitration #ArtLaw #Legal #ArtMarket #Culture #Heritage #Copyright #Trademark #Negotiations #Disputes #Confidentiality #Efficiency #CompetitiveAdvantage #Lawyers #ArtDealers #Artists

(Photo of Steve Johnson on Unsplash)

Dispute Settlement in Outer Space: an odyssey in the making

I. Outer space and dispute settlement: a glimpse of the last five decades.

Space: the last frontier. Since the launch of the first artificial satellite Sputnik 1, which started the “Space Age” back in 1957, Humanity has been actively present in outer space. At that time, space activities were conducted by a handful of countries, and in practice only by the former USSR and the US, the two belligerent superpowers of the Cold War era. The first discussions on space activities within the United Nations (UN) showed the international community’s main concern to anticipate and therefore prevent a scenario of militarization of outer space, as well as to promote exploration and use of outer space for peaceful purposes only: this is the origin of Space Law. As early as 1961, the UN General Assembly adopted the Resolution 1721 (XVI), 20 December 1961, laying down the first core legal principles applicable to outer space. Such principles were then crystallized in 1967 with the approval and entry into force of the “Outer Space Treaty” (OST), which was followed by four other treaties, among them the 1972 “Liability Convention” (LIAB).

As these treaties were drafted at a time when only a few States possessed space industry and capability, one can understand why the OST established a State liability regime, i.e., in addition to their own activities, States are also responsible and liable for their private entities. The LIAB would further develop the provisions laid down in the OST, defining damage from a collision perspective, whether it is a bodily damage (loss of life and injury) or a material damage. In addition, the LIAB adopted the “Launching State” criterion, the basis of its dual system of liability: (i) objective/absolute liability, for damages caused by space objects on the surface of the Earth or to aircraft in flight; and (ii) subjective/fault liability, i.e., damages being caused elsewhere than on the surface of the Earth to a space object of one launching State or to persons or property on board such a space object by a space object of another launching State. To this end, LIAB holds States liable for damage caused by their space objects and comprises a dispute resolution procedure consisting of diplomatic negotiations followed by the establishment of a Claims Commission. However, this mechanism is only available to States and not to private parties – or rather, any private entity would need to resort to its respective State, which will then diplomatically approach the other State(s) in question, and the latter may not even have anything to do directly with the dispute, in case it concerns another private entity registered in that country – and the award given by the Claims Commission is of a merely recommendatory nature, unless States involved agree otherwise. The LIAB was invoked only one time: in 1978, the Soviet satellite “Cosmos 954” crashed on Canadian territory, and Canada issued a claim against the USSR, but the dispute was eventually resolved through diplomatic channels, with the specific amount paid to Canada being unknown to this day.

Even though the LIAB still remains very relevant today, its legal framework presents many difficulties and has very limited practical use for commercial space entities. In fact, given the accelerated increase of private actors in space, the UN recommends and encourages States to develop their own national space laws, outlining, e.g., the scope of application of activities to be addressed, conditions for authorization and licensing or insurance requirements. Besides, considering the world and present-day challenges, it is not the appropriate legal instrument to address and settle other types of disputes, such as investor-state disputes or any others regarding complex, multi-party, international contracts. 

II. Outer space in the 21st century: many actors, activities, and disputes. A role for arbitration?

Over the course of the last three decades, space has evolved from a status of a vast majority of state-owned space objects and activities to a much broader presence of non-state actors, notably, private commercial space entities, developing a wide range of space applications (e.g., telecommunications, satellite navigation, etc.), thus entering the space industry, in contrast with a previous (almost) exclusive public environment – representing the so-called “New Space”. But along with new actors and opportunities, new obstacles also arise, including legal ones. As outer space is open to more and more private entities, the number of space objects also increases, thus, the congestion of Earth’s orbits (specially, the lower earth orbit) adds substantial risks to space operations which are exposed to a greater danger for collisions, one of the reasons for the growing need for space traffic management tools. Moreover, such growth of space activities has led to an increasing amount of space debris that will most likely cause more accidents. In this context, as space gets more “crowded”, the risk of damages to space objects consequently increases, including those of non-governmental actors.

It goes without saying that if the number of actors in space is gradually rising, it will soon result in more disputes. But disputes are not only those based on collisions, as they may encompass any contractual disputes that may arise, e.g., satellite-related disputes; disputes regarding any components of the space industry, from manufacturing, to launching, and operating; seizure of assets related to space-related contracts; disputes relating to the launch of space objects into space orbits; as well as disputes in regulatory, insurance or even intellectual property rights domains. Consequently, space disputes are (and will be) numerous, diverse, and complex, which may include States, private actors, or both. In the latter cases, international space law does not have a specific dispute resolution mechanism available for private parties.

As highlighted, although such private entities can indeed request the State to trigger the application of the LIAB, the Convention operates via diplomatic channels that certainly presents an uncertain outcome based on a burdensome procedure that is ultimately non-binding and unsuitable for many disputes. This being said, non-state actors lack legal resources provided to States by international law, and domestic litigation addressing cross-border space disputes is also likely to be insufficient in many levels because obstacles such as lengthy decisions on the  jurisdiction of national courts or the applicable law, loss of confidentiality, uncertainty about the recognition and enforcement of judgments in other jurisdictions, as well as possible scenarios on sovereignty immunity if the claim is filled against a State. As many legal scholars point out, space, space activities, and the diversity of space actors mean that space law should not rely solely on a unique dispute resolution mechanism, instead, it should be open to a diversity of legal instruments to address cross-border and highly complex disputes.

In this context, in recent years we have witnessed the emergence of alternative dispute resolution (ADR) in space, with a clear preference for arbitration: in 2011, the Permanent Court of Arbitration adopted its “Permanent Court of Arbitration Optional Rules for Arbitration of Disputes Relating to Outer Space Activities,”; last year, Dubai has established its own specialized “Space Court.” On a broader international scale, it appears as though the role of arbitration for space disputes is not an “alternative” but is by far the default option for resolving disputes. This is not surprising considering that international contracts usually have an arbitration clause, and arbitration truly is the most popular solution chosen by the parties in light of the technical complexity associated with space issues. For example, it is well-known that the European Space Agency has been preferring arbitration in its model contracts for some time. Arbitration is anchored on several principles, including, e.g., that of consent of the parties and the principle of autonomy.

If parties do consent and submit their dispute to arbitration – without prejudice of space accidents between parties not bound by any contractual relationship, and thus lacking an opportunity to agree to submit a possible dispute to arbitration – parties may appoint their respective arbitrators, surely to be chosen based on their expertise and know-how required to handle space matters and understand the characteristics of a specific case. Besides, flexibility and suitability are features in arbitration proceedings, both international and domestic, that escape from the rigidity of the so called “one-size-fits-all” of national courts, and which renders them inappropriate to resolve outer space disputes.

On a final note, it is also known the possibility of investor-state dispute settlement regarding space activities, whose bilateral and multilateral investment treaties around the world contain arbitration clauses that could allow, as the case may be, a private entity (investor) to choose the applicable rules, for example, ICSID Arbitration Rules or the ICC Rules of Arbitration – this is a very interesting but complex topic, worthy of considerations in a future article.

III. Outlooks

The current international framework addressing dispute settlement in outer space, foreseen both the LIAB and the OST, although of greater importance, does not provide favourable mechanisms to facilitate outer space disputes to private entities, particularly because space technologies, applications and activities have grown at a much faster pace than the legal system drafted back in the 1960s and 1970s. ADR proceedings, notably arbitration, both international and domestic, are useful and capable of resolving disputes on a wide variety of space-related issues, and may indeed help space stakeholders, public and private, to overcome legal pitfalls.

Victoria Associates has a unique track record in all sorts of international proceedings with a keen interest and focus on international arbitration, including international commercial and investment disputes, but also advising and representing clients in ADR proceedings in domestic arbitration and litigation before national courts in jurisdictions where we are qualified.

Above all, Victoria Associates’ members understand their clients’ business and motivation, helping them “reaching for the stars”.

João Nuno Frazão

Victoria Associates

joao@victoria.associates

Portuguese International Arbitration – Chapter of the International Comparative Legal Guides

A practical cross-border insight into international arbitration work.

Victoria Associates’ members Duarte Henriques, João Frazão and Teresa Roldão (trainee), in collaboration with International Comparative Legal Guides (iclg.com), have written the International Arbitration Portuguese Guide*.

This Guide provides an overview of the most important aspects of the Portuguese International Arbitration legal framework and practice related to arbitration.

The Guide provides answers to questions such as:

  • What has been the approach of the national courts to the enforcement of arbitration agreements?
  • Are there any subject matters that may not be referred to arbitration under the governing law of your jurisdiction? What is the general approach used in determining whether or not a dispute is “arbitrable”?
  • Are there any limits to the parties’ autonomy to select arbitrators?

Read the full Guide HERE and contact us if you have any question (info@victoria.associates)


About Victoria Associates

Victoria Associates is international and knows no borders. 

We are qualified to practice in France, Arizona, California, D.C., Massachusetts, New York, England & Wales, Portugal,  Spain, Greece, Frankfurt, Brazil and Venezuela.  

We work in English, Greek,  French, German, Spanish and Portuguese.

We advise and represent our clients in international commercial arbitration, investment arbitration and sports arbitration. Our team has vast experience in representing clients in arbitral proceedings under the rules of the main international arbitration institutions, including the Court of Arbitration for Sport – CAS, the International Chamber of Commerce – ICC, the International Centre for Settlement of Investment Disputes – ICSID, the London Court of International Arbitration – LCIA, the American Arbitration Association (AAA) and its international arm (ICDR), as well as in “ad hoc” arbitrations under the UNCITRAL Arbitration Rules. While Victoria Associates covers disputes in a wide range of business and commercial areas, our team has strong expertise in disputes related to Banking & Finance Law, Oil & Gas, Insurance & Reinsurance, Shipping, Energy, Public International Law and Human Rights, Construction, Engineering & Real Estate, Distribution, Business & Commercial Law, Intellectual Property and Internet Gaming, Mergers & Acquisitions and International Frauds and tracing assets.


* First published in the ICLG – International Arbitration –

https://iclg.com/practice-areas/international-arbitration-laws-and-regulations/portugal

Katie Hyman & João Nuno Frazão Join Victoria Associates

It is our pleasure to announce the Victoria Associates’ new members. Katie Hyman, based in Washington DC, and João Nuno Frazão, based in Lisbon joined Victoria Associates as of September 2020.

Katie Hyman is dual-qualified as an English solicitor and New York attorney and is admitted as a special legal consultant in the District of Columbia. She is widely experienced in international dispute resolution, including multijurisdictional, offshore and investor-state matters.

Katie represents a variety of clients, including in the energy and telecoms industries, in high-value, complex international commercial arbitration proceedings under the major arbitral rules all over the world, as well as in investor-state arbitrations. She is a Fellow of the Chartered Institute of Arbitrators, and accepts arbitrator appointments in addition to her practice as counsel.

With this addition, Victoria Associates has now offices in Washington D.C.

João Nuno Frazão is a lawyer qualified in Portugal, admitted to the Portuguese Bar Assocation in 2016. João is a PhD candidate at Nova School of Law, with research focused on Space Law, International Law and European Law.