PUBLICATIONS  AND  PRESENTATIONS

​Judith has shared her expertise on diverse issues in dispute resolution, including arbitral procedure, public international law, investor-State arbitration, contracts, ethics, climate law, sports law and business and human rights. 

INVESTOR-STATE

ARBITRATION

  • Presenter, "A pandemic arbitration wave? The rise of investor-state arbitrations in the aftermath of the pandemic" IBA Asia-Pacific Conference (2020)

 

  • Author, “Procedural Issues and Innovations in Environment-Related Investor-State Disputes” (with N. Peart) in K. Miles (ed.), Research Handbook on Investment Law and the Environment (Edward Elgar, 2019)

  • Keynote Presenter, “Codifying Arbitrator Conduct: A Critical Need or a Nod to Critics?” Keynote Address, Department of Foreign Affairs and Trade, Trade and Investment Law Outreach Event, Canberra (2019)

  • Moderator, “Investment arbitration in Asia: Where are we and where next?” GAR Live Singapore (2019)

  • Presenter, “Is today’s investment disputes framework obsolete?” IBA Annual Conference, Sydney (2017)

  • Author, Chapter on the PCA (with B. Daly), Encyclopaedia of International Economic Law (Edward Elgar, 2017)

  • Keynote Presenter, “Investor-State Arbitration” seminar for Hong Kong Ministry of Justice, Hong Kong (2015)

  • Author, “Investment Arbitration and the Rights of Indigenous People” in F. Baetens (ed.) Investment Law in International Law: Integrationist Perspectives (Cambridge University Press, 2013)

  • Presenter, “Transparency in Investor-State Arbitration in the Asia-Pacific” ACICA Conference, Sydney (2013)

  • Presenter, “Mixed Arbitrations and the PCA” Peace Palace Centenary Conference, The Hague (2013)

  • Author, “Navigating the Parallel Universe of Investor-State Disputes under the UNCITRAL Rules” in C. Brown & K. Miles (eds.), Evolution in Investment Treaty Law and Arbitration (Cambridge University Press, 2011)

  • Lecturer, “Investment Arbitration” Chartered Institute of Arbitrators, Sydney (2007), Kuala Lumpur (2008)

  • Presenter, “How Investment Arbitration is Reshaping Public International Law” ANZSIL, Canberra (2007)

  • Presenter, “The Rise of International Investment Arbitration: An Overview for Australian Lawyers” Law Council of Australia, Sydney (2007)

  • Author, “Amendments to the ICSID Arbitration Rules and Regulations” TDM, Vol. 3:5 (2006)

PUBLIC
 INTERNATIONAL

 LAW

  • Lecturer, "Introduction to the Permanent Court of Arbitration, Law of the Sea and International Investment Arbitration" NUS Centre for International Law, Singapore International Arbitration Academy (2019, 2020)

  • Author, “Peace, Water and the Permanent Court of Arbitration: Supporting Dispute Settlement from the Rhine to the Corentyne” (with S. Kimani) in H. Ruiz Fabri et al (eds), Dispute Resolution in the Law of International Watercourses and the Law of the Sea: A Bridge Over Troubled Waters (Brill, 2020)

  • Author, “Historic Places in International Arbitration: The Factory at Chorzów” ICCA Newsletter (2019)

  • Guest Lecturer, “Peace among Public and Private Players” Yale Law School (2019)

  • Author, “There are not Plenty of Fish in the Sea: Ecuador’s Objection to Decision of the Commission of the South Pacific Regional Fisheries Management Organisation” (with C. Pondel), Australian International Law Journal (2018)

  • Visiting Fellow, Sydney University Centre for International Law (2018)

  • Presenter, “Peace amongst Public and Private Players” Seminar for ANU CPIL/AGD/DFAT, Canberra (2018)

  • Author, “Navigating Uncharted Procedural Waters in a Rising Sea of Cases at the Permanent Court of Arbitration” (with G. Schofield) in S. Minas (ed.) Stress Testing the Law of the Sea (Brill, 2018)

  • Presenter, “International Boundary Disputes & Energy Related Natural Resources” GAR Live Energy, London (2017)

  • Presenter, “Non-Participating Respondents” at BIICL Conference on Difficult Issues in Commercial, Investor-State and State-State Dispute Resolution: Differences and Commonalities, London (2017)

  • Podcast interview on International Dispute Settlement in The Hague, www.gcclaw.nl, The Hague (2014)

  • Presenter, “The PCA and International Water Disputes” (with Judge K. Keith) UPeace, The Hague (2014)

  • Presenter, “Old Stage, New Actors: Evolution of the PCA” Canadian Council of International Law, Ottawa (2013)

  • Presenter, “The Renaissance of State-to-State Arbitration” Commonwealth Lawyers Association, Sydney (2012)

  • Various PCA guest lectures to students from LSE, King’s College London, Amsterdam, Erasmus, ESIL, Geneva MIDS (2008-2019)

  • Author, “World Court Dismisses Serbia & Montenegro’s Complaints Against 8 NATO Members” ASIL Insights (2004) (with P. Bekker and F. Weinacht)

INTERNATIONAL COMMERCIAL ARBITRATION

  • Contributing Author, M. Moser & C. Bao (eds), Managing 'Belt and Road' Business Disputes: A Case Study of Legal Problems and Solutions (chapter with N. Swan on climate and environment-related disputes) (Wolters Kluwer, 2020)

  • Author, “Recognition and Enforcement of Annulled Awards: from Chromalloy to Comity, The U.S. Story so far” (with P. Friedland & V. Mendez), updated chapter in forthcoming book on NY Convention at 60 (E. Zuleta & G. Tawil, eds) (2020)

  • Presenter, “Hot Topics” International Council of Commercial Arbitration, Biannual Congress, Sydney (2018) (including discussion of illegally obtained evidence; Belt and Road; parallel proceedings; harassment/labour arbitrations) (and contributor to published version, in J. Kalicki & M.A. Raouf (eds), Evolution and Adaptation: The Future of International Arbitration, ICCA Congress Series no. 20 (Kluwer, 2019)

  • Author, contributions on PCA experience to Reports for ICC Commission on Arbitration Taskforces on Costs (2016); on Arbitration and Financial Institutions (2017), and for Climate Change Taskforce (2019)

  • Presenter, “Current Trends in International Arbitration in the Asia-Pacific Region”, ACICA Panel, Sydney (2016)

  • Author, “Can Arbitrators Choose Who to Call as Witnesses (And What Can Be Done If They Don’t Show Up)?” in A.J. van den Berg, ed., Legitimacy: Myths, Realities, Challenges, ICCA Congress Series no. 18 (Kluwer, 2015) pp. 315-56

  • Moderator/Rapporteur, “Space & Telecommunications Disputes” IBA Annual Conference, Vienna (2015)

  • Presenter, “Adapting Arbitration for the Next 100 Years” Chartered Institute of Arbitrators Centenary Conference, London (2015)

  • Author, “Confidentiality; Inherent Powers” www.ilawreporter.org.au, 27 May 2015, ACICA Review (2015)

  • Moderator, “Dispute Settlement for Environmental Disputes relating to Energy Projects” Copenhagen (2014)

  • Editor, Flaws & Presumptions: Rethinking Arbitration Law & Practice in a New Arbitral Seat (Mauritius, 2012)

  • Guest Lecturer, International Arbitration, University of Mauritius (2011-2012)

  • Presenter, “Ad Hoc vs. Administered Arbitration (and the spectrum of options in between)” Cambridge (2010)

  • Author, “Recognition and Enforcement of Annulled Awards: from Chromalloy to Comity, The U.S. Story so far” (with P. Friedland) (Mealey’s International Arbitration Report, 50th Anniversary NY Convention) (2008) (also available in Spanish translation)

  • Author, “Current Trends in International Arbitral Practice as Reflected in the Revision of the UNCITRAL Arbitration Rules” 14 University of New South Wales Law Journal Vol. 14 (2008)

ETHICS

AND

BEST PRACTICE

  • Author, “Ethical Dimensions of Arbitrator Resignations” American Journal of International Law Unbound, Focus on Ethics in International Courts and Tribunals (Cambridge University Press, 2019)

  • Moderator, “International Best Practice on Virtual Hearings in Arbitration: Tips for Arbitrators and Counsel” (ACICA, 2020)

  • Author, “Ethical Dimensions of Arbitrator Resignations” American Journal of International Law Unbound, Focus on Ethics in International Courts and Tribunals (Cambridge University Press, 2019)

  • Keynote Presenter, “Codifying Arbitrator Conduct: A Critical Need or a Nod to Critics?” Keynote Address, Department of Foreign Affairs and Trade, Trade and Investment Law Outreach Event, Canberra (2019)

  • Panellist, “Diversity in International Investment Arbitration” DFAT Outreach Event, Canberra (2019)

  • Author, “Ethical Dimensions of Arbitrator Resignations: General Duties, Specific Quandaries, and Sanctions for Suspect Withdrawals” The Law and Practice of International Courts and Tribunals (Brill, 2019)

  • Member, Taskforce on Professional Standards, International Council of Commercial Arbitration (since 2019)

  • Researcher, Arbitration in Absentia: Missing Actors in International Arbitration, Leiden University, Grotius Centre for International Legal Studies (PhD Candidate since 2017)

  • Author, “Late-in-the-Day Arbitrator Challenges and Resignations: Anecdotes and Antidotes” in C. Giorgetti (ed.), Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals (Brill, 2016), based on panel presented at American Society of International Law Annual Meeting, Washington DC (2014)

  • Presenter, “Can Arbitrators Choose Who to Call as Witnesses?” ICCA Biannual Congress, Miami (2014)

  • Presenter, “Arbitrator Challenges” Inaugural Dutch Arbitration Association Conference, The Hague (2013)

  • Presenter, “Hearing Preparations in International Arbitration” Young ICCA Workshop, Sydney (2013)

  • Author, “The View from Arbitration: the PCA’s Experience with Finance, Witnesses and Unrepresented Parties” 36:3 Commonwealth Law Bulletin 539 (2010)

  • Author, “Dealing with Arbitrator Issue Conflicts in International Arbitration” Dispute Resolution Journal, February–April 2006; re-published in collection of AAA-ICDR articles (2013)

  • Author/Presenter, “Judicial Conflict of Interest and Disqualification for Bias” (1996, winner, UNSW Paper Competition)

EMERGING FIELDS:
CLIMATE CHANGE,

 BUSINESS & HUMAN RIGHTS,

CORRUPTION

  • Author, “Responsibility Rising from the Rubble: Lessons from the Bangladesh Accord for Business and Human Rights Arbitration” (Australian International Law Journal – ILA Conference Edition, 2020)

  • Member, ESG Subcommittee, IBA Arbitration Committee (since 2020)

  • Presenter, various webinars on environmental dispute resolution for Paris Arbitration Week; the Asian International Arbitration Centre; Arbitration and Mediation Institute of New Zealand; Australia Arbitration Week (2020)

  • Author, “The Bangladesh Accord Arbitrations: Arbitrating Business and Human Rights Disputes” (Case Note with A. Ambast, Transnational Commercial Law Review, 2020)

  • Editor and Contributor, “Litigating Climate Change: New Legal Challenges” Summary of Proceedings of the 113th Annual Meeting of the American Society of International Law (Cambridge University Press 2019), based on panel presented at annual meeting of American Society of International Law, Washington, DC (2019)

  • Author, “Updates on the Changing State of the Climate and International Arbitration” (with C. Pondel), ACICA Review, vol. 7:1 (2019)

  • Presenter, “Arbitration and Corruption” Remarks for Launch of Commentary on United Nations Convention Against Corruption, Leiden University (2019)

  • Presenter, “Atmospheric Arbitration: Resolving Climate Change Related Disputes”, Schiefelbein Global Dispute Resolution Conference, Arizona State University, Phoenix (2019)

  • Presenter, “Doing Business Right Winter Academy. UN Guiding Principles: From Theory to Practice” Asser Institute, The Hague (2019)

  • Presenter, “Promoting and Protecting Climate Change Investments” Official UN Framework Convention on Climate Change COP24 Side Event for Business and Industry, Katowice, Poland (2018)

  • Presenter, “Lessons from the Bangladesh Accord Arbitrations” Strategic Dialogue on Remedy in the Sport and Human Rights Context, The Hague (2018)

  • Presenter, “Lessons from the Bangladesh Accord for Arbitration of Business and Human Rights Disputes: Consent, Confidentiality and Coordination of Claims” ILA Biennial Conference, Sydney (2018)

  • Presenter, “What role for arbitration in the climate change context?” AMINZ-ICCA, Queenstown, NZ (2018)

  • Presenter, “Climate Finance Disputes and International Arbitration” Dawn of International Arbitration in the South Pacific, ADB/UNCITRAL Conference, Nadi, Fiji (2018)

  • Visiting Lecturer, King’s College London, Global Climate Law LLM; Guest Lecturer LLB program (2016-2017)

  • Editor and Contributor, "Career Tips for Women in International Arbitration" PCA Seminar (2017)

  • Presenter, “A rising tide of cases: roles for arbitration and conciliation in climate change?” COP23, Bonn (2017)

  • Author, “Business & Human Rights: A ‘New Frontier’ for International Arbitration?” (with K. Wahid), ACICA Review, vol. 5:2 (2017)

  • Author, “Adopting and Adapting Arbitration for Climate Change-Related Disputes” Chapter 3 in Wendy Miles (ed.) Dispute Resolution and Climate Change: The Paris Agreement and Beyond (ICC, 2017)

  • Interviewer, “In conversation with Wendy Miles QC” ICCA Multimedia, London (2016)

  • Author, “Climate Change Disputes: the Paris Agreement, the PCA and Prospects for Future Arbitrations” ACICA Review, vol 4:1 (2016)

  • Presenter, “Adapting and Adopting Arbitration for Climate Change Related Disputes” PCA/IBA/ICC Side Event to UN Framework Convention on Climate Change COP21, Paris (2015)

  • Editorial Assistant, Indigenous Law Bulletin (Australia, UNSW 2000)

  • Editor, “Electronic Commerce and the Law: Legal Issues for the Information Age” (1998) 21 UNSWLJ  

SPORTS LAW

  • Participant, Seminar for CAS Members, Budapest (2019)

  • Participant, Women in Sports Law Annual Conference, Lausanne (2018, 2020)

  • Presenter, Strategic Dialogue on Remedy in the Sport and Human Rights Context, The Hague (2018)

  • Participant, 6th and 7th CAS/ASA/FSA Sports Law Seminar, Lausanne (2016) and (2018)

  • Author, “Faster, Stronger, Fairer: CAS Arbitration and the Rio 2016 Olympic Games” (with D. Cucinotta), ACICA Review, vol. 4:2 (2016)

  • Participant, seminars of the IBA Sports Law Committee, IBA Annual Conference, Sydney (2017)

  • Participant, seminars of Asser Institute Sports Law Centre, The Hague (2016-18)

CONTACT

+61 420 390 395 (Australia)

+31 611 860 590 (Netherlands)

Copyright and Credits

ABN:  62 114 863 087