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John P. GAFFNEY |
IAI Member |
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Al Tamimi & Company
Al Sila Tower Level 26
Al Sowwah Square Al Maryah Island
PO Box 44046 - Abu Dhabi
United Arab Emirates
Tel: +971 (0)2 813 0444
Fax: +971 (0)2 813 0445
j.gaffney@tamimi.com
jp_gaffney@yahoo.com
http://www.tamimi.com
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| Languages |
English (native); French (good working knowledge); Italian (knowledge) |
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| Nationality |
Ireland |
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| Bar Admission |
Solicitor, Republic of Ireland - 1994
Solicitor, England & Wales - 2007 |
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| Education |
National University of Ireland, Cork (BCL - 1990; LLB - 1991); University of San Diego at Dublin University (Diploma, Dublin Institute in International & Comparative Law - Summer 1990)); University of Amsterdam (LLM in EU & International Trade Law - 1998); National University of Ireland, Dublin (Diploma in International Arbitration - 2002) |
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Experience
as Arbitrator |
Sole arbitrator in arbitration proceedings under the Rules of the DIAC; Panelist in WIPO disputes; administrative secretary in proceedings before the United Nations Compensation Commission (UNCC) |
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Experience
as Counsel |
Several domestic and international arbitration proceedings, ad hoc (including UNCITRAL) and under the Rules of the ICC, LCIA, ADCCAC, DIAC, BCDR-AAA, DIFC, ICSID (telecommunications, oil & gas, construction, mergers & acquisitions, and agency matters) |
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Publications
Relating to
Arbitration |
• "UAE," in Commercial Arbitration 2017 (GAR, 2017) (with T.R. Sinder and D. Al Houti)
• "Should the European Union regulate commercial arbitration?," 33(1) Arb. Int'l 81 (2017)
• "Arbitrating in Abu Dhabi's commercial freezone – An overview," GAR (Feb. 2017) (with M. Nasreddine)
• "State Courts and the Proposed New Investment First Instance and Appellate Decisions," in Yearbook on International Arbitration and ADR, Vol. 5, at 143 (M. Roth, M. Geistlinger eds., 2017)
• "State Courts and the Proposed New Investment First Instance and Appellate Decisions," TDM 1 (2017)
• "The Rule of Law and Alternatives to Investment Arbitration," 1(1) Eur. Int'l Arb. Rev. 267 (2016)
• "The EU proposal for an Investment Court System: what lessons can be learned from the Arab Investment Court?," Columbia FDI Perspectives (29 Aug. 2016)
• "Overview of Recent EU-Related Developments in Commercial and Investor-State Arbitration," in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2015, at 151 (A.W. Rovine ed., Brill, 2016)
• "Comprehensive Economic and Trade Agreement between the European Union and Canada (CETA)," TDM (2016)
• "Ireland," in World Arbitration Reporter (2016) (with E. Crowley)
• "European Bilateral Approaches," in International Investment Law: A Handbook 186 (M. Bungenberg, J. Griebel, S. Hobe, and A. Reinisch eds., Nomos, 2015) (with Z. Akçay)
• "When is investor-state dispute settlement appropriate to resolve investment disputes? An idea for a rule-of-law ratings mechanism," Columbia FDI Perspectives (8 June 2015)
• "International Commercial Arbitration - Procedural Approaches: Civil Law versus Common Law," TDM (2015) (with A. Ndong)
• "Cost allocation in investment arbitration: Forward toward incentivization," Columbia FDI Perspective (9 June 2014) (with J. Nicholson)
• "Achieving sustainable development objectives in international investment: Could future IIAs impose sustainable development-related obligations on investors?," Columbia FDI Perspective (11 Nov. 2013) (with J. Sarvanantham)
• "Intra-EU BITs: Toothless Tigers Or Do They Still Bite?," SchiedsVZ 2013, at 68 (with J. Schaefer)
• "Should Investment Treaty Tribunals Be Permitted to Request Preliminary Rulings From the Court of Justice of the European Union?," TDM (2013)
• "EU Member State Defends Measures Adverse to Energy Sector Investments on the basis of EU law," in King & Spalding Energy Newsletter (Feb. 2013) (with C. Soule)
• "Case Comment – Slovak Republic v. Eureko B.V., OLF Frankfurt (10 May 2012)," 2012(4) Cahiers de l'arbitrage / Paris J. Int'l Arb. 769
• "Sur la question des traités intra-européens et l'arrêt Eureko," 2012(4) Cahiers de l’arbitrage / Paris J. Int’l Arb. 769 (with C. Soule)
• "Non Party Autonomy: Displacing the Negative Effect of the Principle of 'Competence-Competence' in England?," 29(1) J. Int'l Arb. 107 (2012)
• "How Important is it to Develop a Coherent Case Law?: The Role of Judicial Dialogue in Investment Arbitration," in Droit européen et l'arbitrage d'investissement (C. Kessedjian ed., Panthéon-Assas, 2011)
• "Tilting at Windmills?: The Quest for Independence of Party-Appointed Expert Witnesses in International Arbitration," 13(3) Asian Disp. Rev. 82 (July 2011) (with G. O’Leary)
• "Abuse of Process in Investment Treaty Arbitration," 11(4) J. World Inv. & Trade 515 (Aug. 2010)
• "West Tankers: Fuelling the Debate on the Position of Arbitration," 25(3) Int'l Litig. Q. 7 (Summer 2009) (with C.P. McInerney)
• "Going to Pieces without Falling Apart: Wälde’s Defence of ‘Specialisation’ in the Interpretation of Investment Treaties," in A Liber Amicorum: Thomas Wälde – Law Beyond Conventional Thought 55 (J. Werner and A. Ali eds., CMP Publishing, 2009)
• "The New York Convention: A Basis For The Enforcement By National Courts Of A Justiciable Liberty Of Decision Of The Arbitral Tribunal," in The New York Convention: 50 Years Of Experience, Mealey's Executive Summary (Oct. 2008)
• "Precedents in the United Nations Compensation Commission," TDM (2008)
• "The 'Effective Ordinary Meaning' of BITs and the Jurisdiction of Treaty-Based Tribunals to Hear Contract Claims," 8(1) J. World Inv. 5 (Mar. 2007) (with J.L. Loftis)
• "Characterization Of Competition Law as public policy and the enforcement of arbitral awards," in Practical Aspects Of Arbitrating EC Competition Law 127 (Schulthess, 2007) (with S. Wade)
• "Jurisdiction ratione temporis of ICSID Tribunals: Lucchetti and Jan De Nul considered," TDM (2006)
• "Immunity of arbitrators from suit," IBA Committee D Newsletter, Vol. 11, No. 1, at 26 (Feb. 2006) (with P. Griffin)
• "European Community Law and International Arbitration: A recent OGEMID discussion," TDM, Vol. 2, No. 5 (Nov. 2005)
• "Salini v. Jordan – An Important Contribution To ICSID Jurisprudence on Jurisdictional Issues," 20(4) Int'l Arb. Rep. 35 (2005)
• "Case Summary – Salini Costruttori S.p.A. and Italstrade S.p.A. -v- The Hashemite Kingdom of Jordan (ICSID Case No. ARB/02/13)," TDM, Vol. 2, No. 1 (Jan. 2005)
• "Ireland- Scope of arbitration clause," 9(2) Arb. & ADR 62 (2004)
• "The Group of Companies Doctrine and the Law Applicable to the Arbitration Agreement," 19(6) Int'l Arb. Rep. 47 (2004)
• "Confidentiality in International Arbitration: A Recent English Decision," 18(5) Int'l Arb. Rep. 18 (2003)
• "Ex Parte Measures in International Arbitration," 17(11) Int'l Arb. Rep. 39 (2002)
• "Evidentiary privileges in international arbitration – Ireland," 7(2) Arb. & ADR 36 (2002)
• "The Bay Hotel Case: Accommodating the Parties’ Wishes," 17(1) Int'l Arb. Rep. 31 (2002) (with D. Rosenblum)
• "International, Foreign and Domestic Arbitrations and the Granting of Interim Relief in Ireland’, 16(9) Int'l Arb. Rep. 37 (2001) (with O. O’Sullivan)
• "Enforcement of Multi-Tiered Dispute Resolution Clauses," 6(2) Arb. & ADR 18 (2001) (with O. O’Sullivan)
• "Introduction to the Arbitration (International Commercial) Act, 1998," 6(1) Arb. & ADR 8 (2001)
• "The European Community Doctrine of ‘Direct Effect’ and Arbitration: N’er The Twain Shall Meet?," 16(4) Int'l Arb. Rep. 84 (2001) (with N. Shelkoplyas)
• "Due Process in the United Nations Compensation Commission," 15(10) Int'l Arb. Rep 40 (2000)
• "Domain Dispute Resolution," 5(2) Arb. & ADR 9 (Sept. 2000)
• "Ireland’s International Commercial Arbitration Act," 15(3) Int'l Arb. Rep. 35 (2000)
• "Precedent in the United Nations Compensation Commission," 14(12) Int'l Arb. Rep. 27 (1999)
• "The United Nations Compensation Commission: A Structural and Procedural Overview," 65(3) Arbitration 212 (1999)
• "Due Process in the WTO: the Need for Procedural Justice in the Dispute Settlement System," 14(4) Am. U. Int'l L. Rev. 1173 (1999) (Special Edition dedicated to the WTO)
• "The GATT and the GATS: Should they be Mutually Exclusive Agreements?," 12(1) Leiden J. Int'l L. 135 (1999)
• "The Review of Corporate Claims by the United Nations Compensation Commission," 6(3) Com. L. Practitioner 80 (1999)
• Regular contributor to Kluwer Arbitration Blog (2009–) |
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