Chloe Carswell

Chloe Advises

Chloe advises both claimants and respondents in disputes across a wide range of different industry sectors.  She has handled cases in the following sectors:

• Oil and gas
• Renewable energy
• Banking and finance
• Mining and precious metals
• Nuclear power
• Telecommunications
• Hospitality and tourism
• Rail industry
• Government
• World Bank-funded projects

Experience Highlights

• Acting for a State Ministry in two international commercial arbitrations relating to disputes in the labour market in a World Bank funded project.
• Acting for a sovereign wealth fund in relation to sanctions related issues.
• Advising a claimant investor on a potential investment treaty arbitration against a South-East Asian state in a mining dispute.
• Advising an Italian construction company in relation to a SIAC arbitration claim for enforcement of a DAB decision in relation to a construction project in South-East Asia.
• Acting for an Italian foreign investor in relation to an investment treaty claim against Mexico in relation to an investment in a taximeter technology enterprise.
• Successfully representing the Republic of Kazakhstan in Big Sky Energy Corp v. Republic of Kazakhstan (ICSID Case No. ARB/17/22).
• Advising a claimant investor on an investment treaty claim against a South American state in respect of an investment in the renewables sector.
• Acting for a respondent state and state-owned entities in a substantial international commercial arbitration in the energy industry relating to the termination of a management agreement.
• Acting for the Republic of Kazakhstan in a multimillion-pound ICSID arbitration brought against it by two Canadian gold mining companies, Alhambra Resources Ltd. and Alhambra Cooperatief U.A. v. Republic of Kazakhstan (ICSID Case No. ARB/16/12).
• Advising a claimant investor on a potential investment treaty arbitration against an East African state in a dispute arising out of the construction of a major road.
• Acting for the Republic of Kazakhstan in a dispute relating to uranium in World Wide Minerals Ltd and Mr Paul A. Carroll, QC v. Republic of Kazakhstan, an UNCITRAL arbitration and related s67 application before the English Courts.
• Successfully representing the Republic of Kazakhstan in a dispute relating to the generation and distribution of electricity in AES Corporation and Tau Power B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/10/16).
• Advising a claimant investor on an investment treaty arbitration against a European state arising out of a licensing dispute.
• Advising a claimant investor on a potential investment treaty arbitration against a Middle Eastern state arising out of a construction dispute.
• Acting for the Respondent in Aktau Petrol Ticaret A.S. and Som Petrol Ticaret A.S. v. Republic of Kazakhstan, (ICSID Case No. ARB/15/08).
• Successfully representing the Republic of Kazakhstan in a multibillion-dollar ICSID arbitration brought by shareholders relating to the part-nationalisation of a bank under Bilateral Investment Treaties in KT Asia Investment Group B.V. v. Republic of Kazakhstan (ICSID Case No. ARB/09/8) and other related claims.
• Successfully representing the Republic of Kazakhstan in a substantial ICSID arbitration under the Energy Charter Treaty relating to the exploration and extraction of hydrocarbons – Liman Caspian Oil BV v. Republic of Kazakhstan (ICSID Case No. ARB/07/14).
• Acting for the Republic of Kazakhstan in a multimillion-pound ICSID arbitration brought against it by two Turkish telecommunications companies, involving complex issues of public international law and jurisdiction – Rumeli Telekom A.S. and Telsim Mobil Telekomunikasyon Hizmetleri A.S. v. Republic of Kazakhstan (ICSID Case No. ARB/05/16) and the subsequent annulment proceedings.
• Drafting model bilateral investment treaty and, inter-governmental agreements, and advising claimants and states on investment structures and investment and state protections.
• Drafting Model Arbitration Clause with Barbara Dohmann KC for the Astana International Arbitration Court.
• Advising a state on reforms to its arbitration laws.
• Advising a state on a dispute arising out of two oil and gas concessions brought by US companies before the New York Courts and associated sovereign immunity issues.
• Advising on potential claims relating to a gas exploration project in an African State.
• Advising in relation to State Sovereignty (including central/national bank immunity) issues and the enforcement of international arbitration awards.
• Advising a State on a border dispute with a neighbouring State.
• Acted for Great North Eastern Railway Limited in a judicial review in the English High Court of the Office of Rail Regulation’s decision to implement a different charging regime for one of its competitors, claiming discrimination, unfair competition and the unlawful grant of state aid. Reported at Great North Eastern Railway Ltd v Office of Rail Regulation & (1) Hull Trains Co Ltd (2) Grand Central Railway Co Ltd (Interested Parties) [2006] EWHC 1942 (Admin).
• Acting for Hoverspeed Ltd in its judicial review in the English High Court of the “stop and search” practices employed by HM Customs & Excise at the Dover ferry ports, claiming breaches of EC law and the principle of free movement of goods. Resulted in a wholesale revision to the relevant domestic legislation which was held to be non-compliant with the relevant EC Directive. Reported at Hoverspeed Ltd v. H M Customs & Excise [2002] EWHC 1630 (Admin).
• Acted for Great North Eastern Railway Limited in various claims against the rail infrastructure provider of Great Britain arising out of the derailment of a train at Hatfield in October 2000, amounting to in excess of £200 million. These claims have been pursued successfully through arbitration and contractual dispute resolution proceedings (including a successful appeal before the Rail Regulator) under the British Railway Industry’s Access Dispute Resolution Rules, and have created precedents in the railway industry.
• Acted for a UK pharmaceuticals plc in a multimillion-pound ICC arbitration against a Canadian company relating to the breach of an exclusive distribution agreement that resulted in an award in our client’s favour.
• Acted for an international hotel chain in connection with a substantial ICC arbitrations brought against it in relation to the management of hotels in Chile and Egypt.
• Acted for a number of pension fund trustees in claims arising from the mismanagement of pension fund assets by fund managers in the 1990s, such claims involving actuarial and investment issues and complex quantification of claims.

Career History

Previous Law firms

• Reed Smith LLP 2000-2023 (partner 2015)

Memberships

• Member of Arbitral Women
• Member of the GAR Women in Arbitration Steering Committee (2022)
• Member of the Law Society of England and Wales

Education

• De Montfort University
• The College of Law, London

Other

Chloe writes extensively and has published a number of thought-leadership pieces, including client alerts on topical issues, articles and chapters in leading practitioner text books, including:

• August 2023: “Challenges to Arbitrators Under the ICSID Convention and Rules”, The Investment Treaty Arbitration Review
• June 2023: “Awards: Challenges Based on Misuse of Tribunal Secretaries”, The Guide to Challenging and Enforcing Arbitration Awards – Third Edition, Global Arbitration Review
• December 2022: “International Arbitration Focus: India” (Reed Smith client publication)
• 19 July 2022: “Conflict in Ukraine: challenges affecting businesses in the agricultural commodities sector” (Reed Smith client publication)
• September 2022; GAR Investment Treaty Arbitration Review: Romania Chapter
• July 2022: “Challenges to Arbitrators Under the ICSID Convention and Rules”, The Investment Treaty Arbitration Review
• September 2021: “Investment Treaty Know-how – Romania”, Global Arbitration Review
• July 2021: “Challenges to Arbitrators Under the ICSID Convention and Rules”, The Investment Treaty Arbitration Review
• 8 June 2021: “Awards: Challenges Based on Misuse of Tribunal Secretaries”, The Guide to Challenging and Enforcing Arbitration Awards – Second Edition, Global Arbitration Review
• 27 April 2021: “Investor-state arbitration in the construction sector: the example of Libya” (Reed Smith client publication)
• 15 December 2020: “COVID-19 could cause proliferation of investor-state disputes” (Reed Smith client publication)
• 23 October 2020: “The attempted unplugging of Mexico’s renewable energy market and its potential implications under investment treaties” (Reed Smith client publication)
• October 2020: “Investment Treaty Disputes: Sector Analysis”, Corporate Disputes Magazine
• October 2020: “COVID-19 and the construction sector: potential relief under international investment treaties” (Reed Smith client publication)
• October 2020: “GAR Know-How: Investment Treaty Arbitration in Romania”, GAR Investment Arbitration
• 2020: “Romania – Investor Treaty Arbitration 2020”, Financier Worldwide Magazine
• July 2020: “Challenges to Arbitrators Under the ICSID Convention and Rules”, The Investment Treaty Arbitration Review
• July-September 2020: “Investment treaty arbitration: Trends in different industry sectors”, Corporate Disputes Magazine
• 7 April 2020: “The European Union holds that intra-EU BITs are incompatible with Union law – what’s next for claims under intra-EU investment treaties?”, Reed Smith Newsletters
• January-March 2020: “Investor-Treaty Arbitration”, Corporate Disputes Magazine
• 26 November 2019: “Global Guide to International Arbitration” (Reed Smith client publication)
• 9 August 2019: “The CJEU preliminary ruling in Slovak Republic v. Achmea BV – a round-up from 2019 (so far)” (Reed Smith Client Alerts)
• July 2019: “Awards: Challenges Based on Misuse of Tribunal Secretaries”, The Guide to Challenging and Enforcing Arbitration Awards – First Edition, Global Arbitration Review
• June 2019: “Challenges to arbitrators under the ICSID Convention and Rules”, The Investment Treaty Arbitration Review (4th ed.)
• 8 August 2018: “The CJEU preliminary ruling in Slovak Republic v. Achmea BV – the European Commission goes one step further”, (Reed Smith Client Alerts)
• 22 May 2018: “The CJEU Preliminary Ruling in Slovak Republic v. Achmea BV – where are we now?”, (Reed Smith Client Alerts)
• 12 April 2018: “Investment treaty tribunal confirms trademark licences can be qualifying investments entitled to treaty protection”, (Reed Smith Client Alerts)
• 3 April 2018:”The CJEU Preliminary Ruling in Slovak Republic v. Achmea BV – what does it mean for arbitration under intra-EU BITs?”, (Reed Smith Client Alerts)
• 22 July 2015: “UPDATE – Indonesia’s New Draft Oil & Gas Law”, (Reed Smith Client Alerts)
• 3 August 2007: “Inside Mediation”, New Law Journal
• January/February 2007: “Part 36: a new protocol”, Commercial Litigation Journal
• November 2006:”Experts’ Immunity from Suit”, PLC Dispute Resolution
• 18 November 2005: “Experts: a protected species?”, New Law Journal
• November 2005: “Banking Litigation”, Sweet & Maxwell

Chloe is an accomplished public speaker and undertakes regular speaking engagements, as well as delivering training. She has presented to senior Government officials at Cabinet level in a number of jurisdictions around the world and regularly to Board Members and senior executives of Global corporations.  Examples of her public speaking engagements include:

• 18 May 2023 – 2023: London International Disputes Week (LIDW): Adapting to a Changing World – The future of Investor-State disputes in the energy sector: challenges and opportunities
• 9 March 2023: guest speaker at Women, Influence and Power in Law UK
• 1 December 2022: GAR Live: Women in Arbitration, London, England
• 14 October 2022: Thirty-eighth ITF public conference: Complex Arbitration Proceedings in ISDS, “Exhaustion of domestic remedies, res judicata and interaction with domestic courts”
• 24 June 2022: Investment Arbitration Route to Recover Damages Caused by War
• 7-13 February 2022: Milan Arbitration Week, “A European Perspective – Treaty Claims vs. Contract Claims in International Arbitration”
• 6 June 2021: International arbitration and public international law masterclass – the Oxford Society for Commercial Law, Oxford, United Kingdom
• 29 March 2021: Appointment and Removal of ISDS Arbitrators: Practical Problems and Prospects for Reform
• 27 and 30 November 2020: Human Rights and United Nations: Background and case study on the consideration of human rights issues by UN bodies
• 26-29 October 2020: Navigating the next normal: Global disputes in 2020 and beyond, United Kingdom, “COVID-19: Opening the floodgates to an influx of investor-state disputes”
• 10-11 September 2020: Thirty-fourth ITF public conference: state regulatory powers and its limits
• 14 June 2019: 5th Annual School of International Arbitration Alumni Conference, London, United Kingdom, “Trends in Construction and Energy Arbitration – What is next?”
• 27 April 2017: Latin Lawyer GAR Arbitration summit, Miami, Florida