Matthew Page, Of Counsel

Matthew Page is a London-based of counsel in the firm’s international arbitration and litigation group.

Mr. Page has experience advising on disputes relating to a number of different jurisdictions and industry sectors, including energy, oil and gas, natural resources, telecommunications, construction and shareholder disputes, as well as investor-state disputes. He has extensive experience in arbitrations, including under the auspices of the ICC, LCIA, ICSID, DIAC and ad hoc under the UNCITRAL Rules. A number of his arbitrations have involved state parties. His experience also includes cases before the English High Court.

Mr. Page is a Solicitor-Advocate and conducts his own advocacy at arbitration hearings. He has also advised multinational companies on a range of public and private international law issues, including those related to treaties and to the protection of foreign investments, and on the applicability of international sanctions laws. He regularly authors articles on international arbitration for arbitration journals and speaks at arbitration conferences. He also recently co-authored a book chapter on arbitration in "England and Wales" for "The International Arbitration Review."

Representative Matters

• Acting for a Dubai based entity and high net worth individual in a DIAC arbitration involving claims over US$2 billion in respect of a dispute concerning breach of a share sale and purchase agreement and failed merger. Mr Page conducted his own advocacy as co-lead advocate at the arbitration hearing, which involved more than 25 witnesses.
• Advising a government in an ad hoc investment treaty arbitration under the UNCITRAL Rules commenced by a foreign investor alleging expropriation of its investment in mining activities in respect of precious metals; and also advising on related litigation concerning enforcement of a foreign judgment in the English High Court.
• Advising a Russian-based company in two LCIA arbitrations concerning breaches of obligations under management and option agreements relating to the exploration and mining of manganese assets; and successfully obtaining a related injunction in support of the arbitration in the English High Court.
• Acting for an Albanian telecommunications entity in an ICC arbitration seated in Paris, claiming unpaid fees arising out of breaches of an interconnection agreement.
• Advising Eurotunnel in connection with a successful ad hoc investment treaty arbitration against France and the United Kingdom arising out of the Channel Tunnel project. The governments were held liable for the costs and expenses Eurotunnel suffered as a result of the security situation caused by asylum seekers from the Sangatte hostel trying to cross the English Channel.
• Acting for a multinational oil company in an ICC arbitration against an Iranian engineering and construction company relating to the construction of offshore gas platforms in Iran.
• Acting for Aguas del Tunari in an ICSID arbitration brought under a bilateral investment treaty against Bolivia, relating to the expropriation of a water concession.
• Acting in ICC arbitration proceedings in London on behalf of a Belgian investor in a dispute arising out of a concession agreement with a Southern African state. The concession agreement entitled the investor to set up and operate a national lottery.
• Acting for an Indian company in an ad hoc arbitration under the UNCITRAL Rules regarding the construction of a power plant.
• Advising a Swiss company in an LCIA arbitration against a Georgian company regarding the sale and purchase of silico-manganese.
• Acting for Celcom (Malaysia) Berhad in respect of enforcement and freezing/Mareva proceedings brought pursuant to an ICC Swiss arbitration award in the High Court in England.
• Acting for a multinational energy company in relation to litigation with H.M. Revenue and Customs concerning the payment of petroleum revenue tax.
• Acting for a UK energy company as the defendant in English High Court litigation in relation to a Contractual dispute.
• Acting for a UK energy company as the defendant in English High Court litigation related to a contractual dispute.
• Advising an international investment bank on the implementation in the UK and EU of United Nations sanctions, especially against Iran.
• Advising a U.S. law firm in relation to obtaining evidence from a witness in England, in connection with U.S. litigation, through a Hague Convention letter of request. This included making an application to the English High Court pursuant to the Civil Procedure Rules to give effect to the letter of request.
• Acting for a law firm in contesting a Hague Convention letter of request for a partner to give evidence in connection with proceedings in the District Court of Lugano,  Switzerland.  This included conducting the advocacy as sole advocate before a Master in the English High Court, successfully resisting enforcement of the letter of request.

Honors and Awards

• Member of "Litigation Team of the Year" (at The Lawyer Awards, 2007) for Eurotunnel v. UK and France arbitration: a ground breaking victory in arbitration proceedings against the UK and France.
• Client comment: "what really makes Matthew stand out are both his maturity of approach to complex Matters and his ability to lift from the details the strategy to be undertaken. Moreover, his ability to focus on the relevant information from a sea of important details and facts demonstrates a gifted acumen. He also never loses sight of the goal, the focus, or the strategy — which is extraordinary when there are so many issues requiring urgent consideration and response."
• Solicitor-Advocate with Higher Rights of Audience.
  

Education

Speeches and Publications

• Book chapter on Arbitration in “England and Wales” in “The International Arbitration Review,” co-author, ed. James Carter, 2011.
• UK: Challenges to awards, security orders and A v B, co-author, Global Arbitration Review, March 2011.
• UK: Court rules on enforcement and sovereign immunity (Republic of Argentina v NML Capital), co-author, Global Arbitration Review, September 2010.
• Treaty Arbitration: Phoenix  Action v Czech Republic - investment requires good faith, co-author, Global Arbitration Review,  September 2009.
• Treaty Arbitration: ECJ’s decision on Commission v Austria/Sweden: ECJ denounces BITs, co-author, Global Arbitration Review, March 2009.
• Investment Treaty Arbitration: TSA Spectrum — tribunal opts to pierce corporate veil, co-author, Global Arbitration Review, February 2009.
• Treaty Arbitration: Interim relief easier under UNCITRAL Rules? (Paushok v Mongolia), co-author, Global Arbitration Review, December 2008.
• Investment Treaty Arbitration: Continental Casualty and the state of necessity defence; co-author, Global Arbitration Review, September 2008.
• Treaty Disputes: Rompetrol and nationality, co-author, Global Arbitration Review, June 2008.
• Investment Treaty Arbitration: Liberal Approach taken on Technical Defect, co-author, Global Arbitration Review, April 2008.
• Treaty Disputes: Vivendi sheds light on provisions, co-author, Global Arbitration Review, February 2008.
• Investment Treaty Arbitration: Nationality under the ICSID Convention, co-author, Global Arbitration Review, September 2007.
• Investment Treaty Arbitration: Does it matter where the money comes from?, co-author, Global Arbitration Review, June 2007.
• Investment Treaty Arbitration: Tribunal finds Expropriation, co-author, Global Arbitration Review, April 2007.
• Investment Treaty Arbitration: Mitchell v Congo Ends in Annulment, co-author, Global Arbitration Review, February 2007.
• Treaty Arbitration and Investment Disputes: Preservation and Production of Evidence, co-author, Global Arbitration Review, December 2006.
• Investment Treaty Arbitration: Azurix v Argentina, co-author, Global Arbitration Review, October 2006.
• The Rise of Transparency, co-author, Global Arbitration Review, August 2006.
• Treaty Arbitration and Investment Disputes: Adding up the Costs, co-author, Global Arbitration Review, June 2006. (This article was cited by the tribunal in its Award in the lCSID case ADC v Hungary.)
• Treaty Arbitration and Investment Disputes – Same Facts, Different Outcomes, co-author, Global Arbitration Review, April 2006.
• Treaty Arbitration/Investment Disputes: Treaty Claims versus Contract Claims, co-author, Global Arbitration Review, February 2006.