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Professor Loukas Mistelis, LLB, MLE, FCIArb, Advocate (Athens Bar)

Loukas

Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration

Email: l.mistelis@qmul.ac.uk
Telephone: +44 (0)20 7882 8075
Room Number: Lincoln's Inn Fields
Website: http://www.arbitrationonline.org

Profile

Twitter: @LM_Arbitration

Professor Loukas Mistelis is an acknowledged authority on international dispute resolution and investment treaty law. In 2006 he was listed as one of the “leading lights in international arbitration”, 45 under 45, amongst the top 15 highlighted members of the list, is listed on the Who’s Who Commercial Arbitration since 2007 and also a member of the ICSID Panel of Arbitrators as well as the recipient of the GAR Award for best arbitration lecture of 2013. He is also listed as one of the Thought Leaders in International Arbitration.

Loukas Mistelis is the Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration and the Director of the School of International Arbitration at the Centre for Commercial Law Studies, Queen Mary University of London. He joined Queen Mary University of London in 1998 and became a professor in 2005. He was also Visiting Professor, NYU in London (2006-2012), a Visiting Professor at Pepperdine University London programme (2008-2011); he is Distinguished Visiting Professor, National University of Singapore (2013); he was Visiting Scholar at Columbia University Law School (spring semester 2007), Visiting Fellow at NYU Law School (2012), Visiting Professor at Keio University, Tokyo (2008), LUISS, Rome (2009) and Catholic University of Portugal, Lisbon (2007, 2009).
He is co-ordinating the LLM specialisation in Comparative and International Dispute Resolution. He teaches at the LLM programmes in London and Paris and is the co-ordinator of the courses in International Arbitration Law and Practice II, Investment Treaty Arbitration and Investment Arbitration: Substantive Protection and also teaches on the International Commercial Law and International Energy Transactions courses. In Paris Loukas Mistelis teaches International Investment Dispute Settlement, Regulation and Infrastructure of International Arbitration and Applicable Law and Procedures in International Arbitration. Loukas Mistelis has also developed directs our Diploma in International Arbitration by Distance Learning, the Diploma in International Mediation (ADR) by Distance Learning and the Diploma in International Arbitration, which is offered by CCLS with accreditation from the Chartered Institute of Arbitrators.

Professor Mistelis was the Secretary of the CISG-AC (Advisory Council of the Convention on Contract for the International Sale of Goods) from 2001 to the end of 2007. He is a member of the Academic Committee of the Institute of Transnational Arbitration, an academic member of the Investment Treaty Forum, British Institute of International and Comparative Law and a member of the Advisory Board of the EFILA (European Federation of Investment Law and Arbitration) and a member of the Academic Committee of AIPN, Chair of Academic Committee of the Civil Mediation Council and President of the Court of CEDRAC (Cyprus Eurasia Dispute Resolution & Arbitration Centre).

Professor Mistelis was educated in Greece (LLB Hons Athens 1991); France (Certificate in International & Comparative Human Rights, IIHR, Strasbourg, 1990); Germany (MLE, 1992, Law School, Hanover, Germany, 1998); and Japan (Certificate in Japanese international trade law, Law School, Keio University, Tokyo, 1998). He has been a member of the Athens Bar since 1993. He is fluent in English, German and Greek, and has good knowledge of French, and basic knowledge of Polish, Russian and Spanish. Member of Chartered Institute of Arbitrators (CIArb) since 2001, became Fellow of the CIArb (FCIArb) in December 2016.

His research focuses on international arbitration (in particular, the internationalization of commercial arbitration, the status and role of international arbitrators, investment arbitration, protection of foreign direct investment, the interface of investment and commercial arbitration and harmonization of arbitration procedures), international commercial transactions (including long-term contracts, international sales and trade finance), international sales, secured transactions, gas pricing disputes comparative law (in particular, legal transplants and the role of the judiciary), unification of private law, commercial and civil law reform in Central and Eastern Europe and ADR.

He has practiced law in Germany, Greece and the United Kingdom, having also acted as a consultant in Cambodia, Japan, Moldova, Nigeria, Poland, Ukraine, and Vietnam. He has also advised several UK government agencies (such as DTI, BERR, MoJ) and international organizations, including the United Nations (UNCTAD, UNCITRAL and ECLAC) and the European Bank for Reconstruction and Development (on law reform for various secured transactions legislative projects).

His substantial arbitration experience covers ad hoc and ICC, ICSID, LCIA, UNCITRAL, SCC, Swiss Chambers and Moscow cases. Parties in these cases were from Afghanistan, Argentina, Austria, Bangladesh, BVI, Canada, Cayman Islands, Cyprus, Czech Republic, Egypt, France, Georgia, Germany, Greece, Hungary, India, Ireland, Italy, Korea, Libya, Lithuania, Malaysia, Moldova, Nigeria, Poland, Romania, Russia, Spain, Switzerland, Tajikistan, Turkey, Ukraine, UAE, UK, Ukraine, and the United States. Subject matters included foreign direct investment, sales contracts, aviation, distribution agreements, counter-trade, construction and infra-structure projects, defence contracts, mining, administration of natural resources, mining, and oil and gas transactions. He has also given advice on English and Greek law as an expert in arbitral proceedings and also before Swiss courts.

Postgraduate Teaching

  • QLLM394 International Arbitration Law and Practice II: Selected Procedural and Applicable Law Issues
  • QLLM397 Investment Treaty Arbitration
  • QLLM398 Investment Arbitration: Substantive Protection II
  • QLLM501 International Arbitration Award Writing
  • QLLP036 International Investment Arbitration
  • QLLP037 International Commercial Arbitration (Applicable Laws and Procedures)
  • QLLP038 International Commercial Arbitration (Regulation and Infrastructure)

Research

Research Interests:

Loukas Mistelis' research focuses on international arbitration (in particular, the internationalisation and potential autonomy of commercial arbitration, investment arbitration and harmonisation of arbitration procedure), international commercial transactions (in particular, long-term contracts, international sales and trade finance), secured transactions, comparative law (in particular, legal transplants and the role of the judiciary), unification of private law, Central and Eastern European Law, and ADR. He has also a keen in interest in foreign investment promotion and protection, energy and natural resources and BITs, as well as negotiation and drafting of Investment and trade agreements.

His research includes innovative empirical research into corporate attitudes towards dispute resolution, including:

Since 2009 he has taken over the editorship (with Laurence Shore) of the multi-volume World Arbitration Reporter – International Encyclopaedia of Arbitration Law and Practice (Juris) which launched with the first five volumes in March 2010 (and updates in October and December 2010, in March 2011 and December 2012, in summer 2013, spring and summer 2014, February and September 2015, January and August 2016, 2017) and the Smit Arbitration Guides.

He is member of the Editorial Board of

  • Arbitration International (OUP – LCIA)
  • Beijing Arbitration Quarterly (China)
  • Global Arbitration Review
  • Journal of International Trade Law and Policy
  • Indian Journal of Arbitration Law (India)
  • International Journal of Arab Arbitration
  • Journal of International Dispute Settlement
  • Revista Latinoamericana de Derecho Comercial Internacional (Mexico)
  • Review of Arbitration and Mediation (Canada)

Also the General Editor of the Oxford International Arbitration Series (which has so far published 13 books).

Publications

Since 2001

Books

  • European Investment Law & Arbitration Review (general editor), journal, Brill 2016 (first issue), 2017 (second issue), ISBN: 9789004335943
  • The Evolution and Future of International Arbitration (co-editor with Stavros Brekoulakis and Julian Lew), Kluwer 2016; ISBN: 9789041170040
  • The Role of Arbitration in Shipping Law (co-editor with Miriam Goldby, and author), Oxford University Press 2016; ISBN: 9780198757948
  • Concise International Arbitration; ISBN (general editor and author), Kluwer Law International, 2010 (1200 pages); second edition in August 2015 (1400 pages); ISBN: 9789041159687
  • UN Convention on Contracts for the International Sale of Goods (CISG) Commentary (co-editor with Stefan Kröll and Pilar Perales Viscasillas and author), Beck – Hart – Nomos 2011, 1251 + LXIII pages; second edition due in spring 2018.
  • International Arbitration and International Commercial Law: Synergy, Convergence and Evolution – Liber Amicorum Eric Bergsten (co-editor with Kröll, Perlaes Viscasillas and Rogers and author) Kluwer 2011.
  • World Arbitration Reporter (general co-editor with Laurence Shore), Juris, 2nd edition, 2011
  • Concise International Arbitration (general editor and author), Kluwer Law International, 2010 (1200 pages)
  • Arbitrability in International Arbitration (Co-editor with Stavros Brekoulakis, and author), Kluwer International, 2009 (408 pages)
  • Mandatory Rules of Law in International Arbitration (joint editor with George Bermann), 17(1-2) American Review of International Arbitration (2007); revised as book published by Juris in 2011 (340 pages)
  • Arbitration Insights (Co-editor with J. Lew), The Hague: Kluwer Law International, 2006, 536, ISBN 9041126066
  • Pervasive Problems in International Arbitration (Co-Editor with J. Lew), The Hague: Kluwer Law International, 2006, 391, ISBN: 904112450
  • Commercial Law: Perspectives and Practice (Co-editor with J. Lowry), London: LexisNexis Butterworths, 2006, 298, ISBN: 1405710071
  • Comparative International Commercial Arbitration (Co-author with D.M. Lew and S. Kroll), The Hague: Kluwer Law International, 2003, 952, ISBN: 9041115684
  • Foundations and Perspectives of International Trade Law (Co-editor with I. Fletcher and M. Cremona), London: Sweet & Maxwell, 2001, 567, ISBN: 0421741007

Journal Articles, Chapters in books

 

  • “Jura Novit Arbiter- the English approach”, in Franco Ferrari and Guiditta Cordero Moss (eds.), Jura Novit Curia in International Arbitration, Juris 2018, pp 135-167 [chapter in book]; (co-author with Metka Potocnik) , ISBN 978-1-944825-12-6
  • Contractual Mechanisms for Stabilization in Energy Contracts, in: Maxi Scherer (ed,) International Arbitration in the Energy Sector, Oxford University Press 2018  [chapter in book], ISBN: 9780198805786
  • Competition of Arbitral Seats in Attracting International Maritime Arbitration Disputes, in: Miriam Goldby and Loukas Mistelis (eds.), The Role of Arbitration in Shipping Law, Oxford University Press 2016, pages 135-148 [chapter in book]
  • Law(s) Applicable to Arbitration Agreements: Trends and Outlook from the Viewpoint of English Law, in: Mads Bryde Andersen and Rene Franz Henschel (eds.), A Tribute to Joseph M. Lookofsky, Copenhagen Djøf / Jurist- og Økonomforbundet 2015, pages 277-298 [chapter in book]
  • CISG Article 79: Internationalization and Domestication, in: Joseph Lookofsky and Mads Bryde Andersen (eds.), The CISG Convention and Domestic Contract Law – Harmony, Cross-Inspiration, or Discord?, DJOF Publishing 2014, pages 207-219 [chapter in book]
  • Taking the CESL to ADR: The Solution?, in Matthias Lehmann (ed.), Common European Sales Law Meets Reality, Sellier 2014 (15 pages) [chapter in book]
  • Filling Gaps in the CISG - Article 7 and CISG Related Documents - Overlaps, Contradictions and Gap-Filling, in:  CONVENÇÃO DE VIENA SOBRE CONTRATOS DE COMPRA E VENDA INTERNACIONAL DE MERCADORIAS: Desafios e Perspectivas" (VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS: Challenges and Prospects), Atlas, Sao Paolo 2014, 30 pages (in English and Portuguese) [chapter in book]
  • Award as an Investment: The Value of An Arbitral Award or the Cost of Non-Enforcement, ICSID Review 2013, pages 1-24
  • Delocalization and its Relevance in Post-Award Review, in Gelinas and Bachand (eds.), 25 Years of the UNCITRAL Model Law, Juris 2013, pages 165-179
  • Involvement of international financial institutions in Secured Transactions Law reform: a commentary, in Akseli (ed.), Availability of Credit and Secured Transactions in a Time of Crisis, Cambridge University Press 2013
  • Setting Aside of Arbitral Awards and Forum Shopping in International Arbitration: Delocalization, Party Autonomy and National Courts in Post-Award Review, in Franco Ferrari (ed), Forum Shopping in the International Commercial Arbitration Context, Sellier 2013, pages 277-296.
  • Arbitral Seat: Important Features and the Role of Law, 23 American Review of International Arbitration 407-416 (2012)
  • Arbitral Seats – Choices and Competition, in Kroell, Mistelis, Perales Viscasillas & Rogers (Eds), International Arbitration and International Commercial Law: Synergy, Convergence and Evolution, Kluwer 2011, 363-379
  • General Principles of Law and Transnational Rules in International Arbitration: An English Perspective, 5(2) World Arbitration and Mediation Review 201-230 (2011)
  • Mandatory Rules in International Arbitration: Too Much Too Early or Too Little Too Late?”, (updated) [chapter in book] in George Bermann and Loukas Mistelis (eds), Mandatory Rules of Law in International Arbitration, pp 291-308, Juris Publishing 2010 – 9781933833668
  • with Domenico Di Pietro, 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, in Mistelis (ed), Concise Arbitration. Kluwer 2010, pp. 1-32 [chapter in book]
  • with Julian Lew and Josephine Davies, “LCIA Rules”, in Frank-Bernd Weigand (ed.), Practitioner's Handbook on International Commercial Arbitration, 2nd edition, Oxford University Press 2009, ISBN 978-0-19-953486-9
  • The Settlement-Enforcement Dynamic in International Arbitration, 19(3-4) American Review of International Arbitration 377-390 (2008)
  • (with Baltag C), Denial of Benefits and Article 17 of the Energy Charter Treaty, 113(4) Penn State Law Review 101-122 (2009
  • CISG and Arbitration, in CISG Methodology, Editors: Janssen, A, Meyer, O, Sellier, pages 375-397 (2008)
  • Mandatory Rules in International Arbitration: Too Much Too Early or Too Little Too Late. American Review of International Arbitration vol. 18, 217-228 (2008).
  • Reality Test: Current State of Affairs in Theory and Practice Relating to "Lex Arbitri". American Review of International Arbitration, 155-181 (2008).
  • Recognition and Enforcement of Arbitral Awards and Settlement in International Arbitration. American Review of International Arbitration vol. 19, ((3-4)) 319-375.
  • (With Kritzer A, Monitneri C) . The Case and How it is Changing International Commercial Law. The Vis Book – A Participant’s Guide to the Willem C Vis International Commercial Arbitration Moot, Editors: Walker, J (2008)
  • The Scope of Application of CISG. International Sales Law – United Nations Convention on Contracts for the International Sale of Goods (CISG), Editors: Atamer, Y, Levha Publishers, 1-21, 2008
  • (With Baltag C) (2008) . Trends and Challenges in International Arbitration: Two Surveys of Inhouse Counsel of Major Corporations. WAMR – World Arbitration and Mediation Review vol. 5, (2) 83-110.
  • Reality Test: Current State of Affairs in Theory and Practice Relating to "Lex Arbitri", in Zivil- und Wirtschaftsrecht im Europäischen und Globalen Kontext / Private and Commercial Law in a European and Global Context - Festschrift für Norbert Horn zum 70. Geburtstag 1005 (K.P. Berger, G. Borges, H. Herrmann, A. Schlüter and U. Wackerbarth, eds., 2006), ISBN 978-3-89949-242-2
  • Arbitration Insights: Evolution and Themes, in Arbitration Insights 1 (L. Mistelis and J.D.M. Lew eds., Kluwer, 2006)
  • Workshop on Research, Teaching and Training in International Arbitration: An Introduction [2006] 22 Arbitration International 243-247, ISSN: 0957-0411
  • Confidentiality and Third Party Participation in Investment Arbitration [2005] 21(2) Arbitration International 205-225, ISSN: 09570411 and in T. Weiler (Editor) International Investment Law and Arbitration: Leading Cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law, London: Cameron May: London, 2005, 169-199, ISBN: 1905017073
  • International Arbitration: Corporate Attitudes and Practices [2004] 15 American Review of International Arbitration 525-593, ISSN: 1050-4109
  • UNIDROIT Principles Applied as "Most Appropriate Rules of Law" in a Swedish Arbitral Award [2003] 8(3) Uniform Law Review 631-640, ISSN: 1124-3694
  • ADR in England and Wales: A Successful Case of Public Private Partnership, in N. Alexander (Editor), Global Trends in Mediation, Cologne: Centrale für Mediation, 2003, 137-178, ISBN: 3935098111
  • CISG-AC Publishes First Opinion [2003] 15 Pace International Law Review 453-456, ISSN: 0902-7351
  • Is Harmonisation a Necessary Evil? Use and Abuse of Comparative Law and the Future of Harmonisation, in I. Fletecher, L. Mistelis and M. Cremona (Editors), Foundations and Perspectives of International Trade Law, London: Sweet & Maxwell, 2001, 1-27, ISBN: 0421741007
  • ADR in England and Wales [2001] 12 American Review of International Arbitration 167-221, ISSN: 1050-4109
  • Taming the Dragons of Uniform Law: Sharing the reasoning of courts and arbitral awards (Co-author with A.H. Kritzer) [2001] 5(2) Vindobona Journal of International Commercial Law and Arbitration 282-309, ISSN: 1439-9741
  • Regulatory aspects: Globalisation, harmonisation, legal transplants and law reform - Preliminary remarks. Editors: Lastra, RM, vol. 18, 155-179.
  • Other Selected Publications
  • Charakterisierungen und Qualifikation im internationalen Privatrecht: Zur Lehre einer parteispezifischen Qualifikation im Kollisionsrecht der privaten Wirtschaft, Tubingen: Mohr Siebeck, 1999, 309, ISBN: 3161471229

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