current members of the commonwealth secretariat arbitral ...settlements of disputes: an appraisal of...

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1 Current members of the Commonwealth Secretariat Arbitral Tribunal Mr Arthur Faerua (Vanuatu), member, 1 June 2012 - 31/5/2016; 1/6/2016 Education 2010, University of South Pacific, Emalus Campus, Vanuatu Vanuatu mediation Practise Course Skills in Conducting Mediation and Dispute Resolution Certified by Supreme Court Vanuatu as an accredited Mediator 2004, University of South Pacific, Emalus Campus, Vanuatu Graduate Certificate in Tertiary Teaching (GCTT) Skills in Delivery and Learning in a tertiary environment Student-Oriented Learning for Pacific students 1997 – 1998, University of Waikato, New Zealand Masters of Law (LLM) International Trade Law Focus on Pacific Constitutions and economic development September - December 1996, University of Waikato, New Zealand Professional Legal Studies Admission as Barrister & Solicitor in the High Court of New Zealand 1992-1995, University of Waikato, New Zealand Bachelor of Laws (LLB) International Trade & Commercial Law Short-Term Trainings & Instructionals November 2008, Commodities Branch, Division on International Trade in Good and Services & Commodities, UNCTAD & Vanuatu National Codex Committee

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Page 1: Current members of the Commonwealth Secretariat Arbitral ...Settlements of Disputes: An Appraisal of Alternatives to Adjudication in Matrimonial, Chieftaincy and Land Disputes Vol

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Current members of the Commonwealth Secretariat Arbitral Tribunal

Mr Arthur Faerua (Vanuatu), member, 1 June 2012 - 31/5/2016; 1/6/2016 Education

2010, University of South Pacific, Emalus Campus, Vanuatu

Vanuatu mediation Practise Course

• Skills in Conducting Mediation and Dispute Resolution

• Certified by Supreme Court Vanuatu as an accredited Mediator

2004, University of South Pacific, Emalus Campus, Vanuatu

Graduate Certificate in Tertiary Teaching (GCTT)

• Skills in Delivery and Learning in a tertiary environment

• Student-Oriented Learning for Pacific students

1997 – 1998, University of Waikato, New Zealand

Masters of Law (LLM)

• International Trade Law

• Focus on Pacific Constitutions and economic development

September - December 1996, University of Waikato, New Zealand

Professional Legal Studies

Admission as Barrister & Solicitor in the High Court of New Zealand

1992-1995, University of Waikato, New Zealand

Bachelor of Laws (LLB)

International Trade & Commercial Law

Short-Term Trainings & Instructionals

November 2008, Commodities Branch, Division on International Trade in Good and Services

& Commodities, UNCTAD & Vanuatu National Codex Committee

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National Capacity Building Workshop on Commodities- related Trade and Development,

Poverty Reduction, Food Safety Standards and Quality Requirements, and Food Laws and

Technical Regulations

Trade & Food Safety Standards

March 2005, WHO/FAO Training Course on the Management of Codex Contact Point and the

National Codex System

Capacity Building in Codex, Food Regulation and International Food Standards Harmonisation

International Trade Law

February 2004, Consultation & Working Committee on Review of Legislation and

Regulations on Food (Control) Act regime in Vanuatu to comply with international standards

of Codex Alimentarius

Consultation Group & Working Committee Member

Legislation & Regulations Review Exercise

November 2000, Melbourne School of Business & International Development Law Institute

(IDLl)

International Trade Lawyers Course

Internationa l Trade Law

July - August 2000, Hague, Netherlands

UN / UNITAR Fellowship Programme in International Law

• Focus on various subjects of international law and UN Conventions

July - August 2000, Hague Academy of International Law, Hague, Netherlands

Hague Lectures on Private and Public International Law

• Lectures on public and private international law

Professional Experience

18 March 2011 - 24 April 2011, Ministry of Justice e & Community Services, Government of

the Republic of Vanuatu, Port Vila, Vanuatu

First Political Advisor to the Minister of Justice & Social Welfare

Areas of responsibility: Assistance to Minister in areas of policy advice, technical advice,

COM & DCO Papers facilitation, drafting of letters, press releases, instructions and notices.

Management of ministry cabinet staff and other administration duties.

22 February 2011 - 21 March 2011, Ministry of Lands, Geology, Mines % Water

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Resources, Government of the Republic of Vanuatu, Port Vila, Vanuatu

First Political Advisor to the Minister of Lands, Geology, Mines & Water Resources Areas of

responsibility: Assistance to Minister in areas of policy advice, technical advice, COM & DCO

Papers facilitation, drafting of letters, press releases, instructions and notices. Management

of ministry cabinet staff and other administrative duties.

6 December 2010 - 18 February 2011, Ministry of Cooperatives & Ni-Vanuatu Business

Development, Government of the Republic of Vanuatu, Port Vila, Vanuatu

First Political Advisor to the Minister of Cooperatives & Ni-Vanuatu Business Development

Areas of responsibility: Assistance to Minister in areas of policy advice, technical advice,

COM & DCO Papers facilitation, drafting of letters, press releases, instructions and notices.

Management of ministry cabinet staff and other administrative duties.

April 2010 - November 2010, IF Project, Department of Trade and Industries, Ministry of

Trade, Commerce, Tourism and Industries, Government of the Republic of Vanuatu, Port

Vila, Vanuatu

Trade Act Coordinator

Consultancy role in developing trade legislations and trade related legal policy, review of

existing trade laws in Vanuatu, developing policy papers, undertaking research and overall

advisory work for the implementation of the project.

March 2009 - November 2009, Ministry of Justice e & Social Welfare, Government of the

Republic of Vanuatu, Port Vila, Vanuatu

First Political Advisor to the Minister of Justice & Social Welfare

Areas of responsibility: Assistance to Minister in areas of policy advice, technical advice,

COM & DCO Papers facilitation, drafting of letters, press releases, instructions and notices.

Management of ministry cabinet staff and other administrative duties.

August 2001 to December 2008, University of the South Pacific, School of Law, Port Vila,

Vanuatu

Lecturer

Areas of teaching: Contract Law, Succession & Probate Law, Criminal Law & Procedure,

Constitutional Law, Legal Methods and Process, Current Developments in Pacific Law and

Clinical Legal Education

March 1996 - July 2001, State Law Office, Gov. of Vanuatu, Port Vila State

Counsel

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• Assist the Attorney General as Advisor to the Government

• Government Representation in Court Litigation

• Legal and policy matters in relation to international law, UN conventions,

multi-lateral treaties and regional agreements

Consultancies & Project Work

April 2010 - November 2010, IF Project, Department of Trade and Industries, Ministry of

Trade, Commerce, Tourism and Industries, Government of the Republic of Vanuatu, Port

Vila, Vanuatu

Trade Act Coordinator

Consultancy role in developing trade legislations and trade related legal policy, review of

existing trade laws in Vanuatu, developing policy papers, undertaking research and overall

advisory work for the implementation of the project.

November 2010, Jastis BIong Evriwan, World Bank Program

Independent Reviewer of Tanna & Epi Reports

Consultancy role in carrying out independent reviews on the Tanna and Epi reports

produced by the JBE Program. Including participation in the Policy Note Discussions arising

from the Reports for submission to Government and Vanuatu Land Governance Committee.

August - September 2010, ADB Inter-lsland Shipping Feasibility Study, Ministry of

Infrastructure and Public Utilities, Government of the Republic of Vanuatu, Port Vila,

Vanuatu

Local Consultant for Social Impact Assessment Study

Consultancy role in undertaking a Social Impact Assessment for proposed wharf sites on

Lenakel (Tanna), Litz-litz (Malekula) and Luganville (Santo) as part of a consultancy team

under Ace Consulting Group. Full Impact Reports were completed and submitted to ADB &

the Vanuatu Government.

September 2010 - November 2010, Forum Fisheries Agency (FFA) and Department of

Fisheries, Government of the Republic of Vanuatu

Consultant for Drafting of Regulation to Establish the Vanuatu Seafood Verification

Agency Consultancy role contracted by FF. and the Department of Fisheries to design and

draft necessary Regulations and Subsidiary Legislation to establish for the first time in

Vanuatu a national body to be responsible for the certification and accreditation of Fish

exports from Vanuatu to overseas markets.

April 2010, Asia-South Pacific Board for Adult Education (ASPBAE), Canberra, Australia

Consultant for Setting up of Vanuatu Education & Policy Advocacy Coalition

Consultancy role with specific Terms of Reference (TOR) to draft key documents

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(constitution), incorporate and set-up National Office of VEPAC in Port Vila, including setting

up of bank accounts and office space.

2001 - 2010, Arbitration & Mediation Practise in Vanuatu

Arbitrator & Mediator for Employment Disputes

Throughout 2001 and 2010, I have been appointed to sit as an Arbitrator in Trade Disputes

in Vanuatu. I have also been appointed to be Mediator in several family and employment

disputes in Port Vila, such mediation being court ordered mediation.

Mr Justice George Erotocritou (Cyprus), member, 1/6/2012 - 31/5/2016;

1/6/2016 - 31/5/2020

Bom in Limassol in 1949. Studied law at Leeds University. Barrister-at-Law (Middle Temple).

After serving as public prosecutor in Zimbabwe (former Rhodesia), he practiced law in Limassol

from 1980 until 1986.

On 15.10.1986 he was appointed District Judge and in 1995 he was promoted to Senior District

Judge. Two years later he was appointed President of District Court. On 4.9.2007 he was

appointed Judge of the Supreme Court.

He served as examiner for the Legal Council and as member of the Council of the Cyprus Judges

Association. Between 2002-2007 he represented Cyprus at the Supervisory Body of Eurojust at

the Hague. Also, between 2010-2017, he represented the Supreme Court at the Association of

the Councils of State and Supreme Administrative Jurisdictions of the European Union “ACA-

Europe” and at the Supreme Court at the European Judicial Training Network (EJTN). He wrote,

with P. Artemis, former President of the Supreme Court, the practitioners' books “Road

Negligence Cases’’ (1996), “Civil Wrongs’’ (2003) and “Injunctions ” (2016). With an interest in

photography, he has been honoured by the International Federation of Photography (FIAP) for

his contribution to the photographic art, with the honorary distinction Excellence for Services

rendered to FIAP (ESFIAP).

Ad hoc judge of the European Court of Human Rights (ECHR) (2008-2016). Represented Cyprus

as Substitute Member to the European Commission for Democracy through the Law (Venice

Commission) of the Council of Europe (2012-2017), member of the Commonwealth Secretariat

Arbitral Tribunal in London since 2012, and from 2016 as member of the Permanent Court of

Arbitration (PCA) at the Hague. After his retirement from the Supreme Court in 2017, he has

been appointed Director of Reform and Judicial Training at the Supreme Court with the

mandate to establish a training School for Judges and manage the project for the Reform of the

Courts.

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He is married and has two sons.

Mr Chelva R Rajah SC, (Singapore) member, 15/1/12 - 14/1/16;

15/1/16 -1 8/6/19; President 19/6/19 - 14/1/20

Education

Anglo -Chinese School, Singapore. (1955 - 1966)

Lincoln College, Oxford University. (1967 - 1970)

Inns of Court (Middle Temple), London. (1970 -1971)

Sport

Captained Ceylon Sports Club in Singapore at cricket from 1977 to 1989. Played cricket for

Singapore at various times between 1974 and 1987. Vice-President, Singapore Cricket

Association from 1983 to 1992.

Patron, Ceylon Sports Club from 2002.

Professional experience and appointments

Admitted as an Advocate and Solicitor of the Supreme Court, Singapore in 1972. Practising

law in Singapore for 39 years.

• President of the Law Society of Singapore from 1990 to 1992.

• Vice-President of the Singapore Academy of Law from April 1991 to July 1993.

• Member of the Military Court of Appeal, Singapore from 1992 to June 1995.

• Judicial Commissioner, High Court of Singapore from July 1995 to June 1997.

• Appointed Senior Counsel in January 1998.

• Chairman, Singapore National Committee, Asean Law Association from 2005 to 2006.

• Member of the ICC International Court of Arbitration.

• Board Member, Singapore International Arbitration Centre.

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• Arbitrator in more than 60 domestic and/or international arbitrations.

• Currently a partner in Tan Rajah & Cheah, a Singapore law firm with 34 lawyers.

Mainly engaged in arbitration/general litigation and in banking, construction,

company, commercial, insolvency and contract related matters.

Non -professional appointments

• Singapore's Non-Resident High Commissioner to Papua New Guinea.

• Board Member, Mercy Relief.

• Member of Legal Commission, Singapore Red Cross.

Professor Epiphany C Azinge SAN (Nigeria) member 1/6/2015 – 31/5/19;

1/6/19 –

PhD (Lond), LLD, MCIArb (Lond), OON

Lecturer, University of Benin Nigeria 1981-1993

Lecturer, University of Abuja, Nigeria, 1997-2000

Visiting Professor, Nassarawa State University – Keffi, Nigeria, 2003-2006 External examiner,

various universities 2006-2010.

Director General, Nigerian Institute of Advanced Legal Studies, 2000 – 2014

Professor Azinge has written and published extensively on a wide range of aspects of the

law. Among his writings and publications are the following:

Articles

Epiphany Azinge

Legal Control of Political Party Financing in Nigeria (1989 –1990). The Nigerian Juridical

Review 101 – 108.

The Death Penalty: An Effective Deterrent to Drug Trafficking and Abuse? In Narcotics Law

and Public Policy in Nigeria Edition by Awa Kalu p. 350 – 365.

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Judicial Activism in an Adversary System: The Nigerian Experience. Vol. 1 No. 1 University of

Benin Law Journal (Nov. 1991) P. 52 – 64.

Milestone Decisions in Human Rights in perspectives in Human Rights Edition by Awa Kalu

and Yemi Osinbajo (Federal Ministry of Justice 1992) Pp. 196 – 219.

Legislation: Problems and Prospects of Law-Making in Nigeria Vol. 1 No. 1 of Nigerian

Journal of Legislation May 1993 pp. 37 – 53.

Settlements of Disputes: An Appraisal of Alternatives to Adjudication in Matrimonial, Chieftaincy and Land Disputes Vol. 4, P. 47 Justice May – June Edition 1993.

Cost of Democracy: An Analysis of the Concept of Equality of participation in the Democratic

Process Vol. 7 No. 5 Justice August Edition 1993 pp.

Contempt Powers of Parliament – A chapter in Towards Stability in the Third Republic,

published by Fourth Dimension 1993 pp. 47 – 64.

Impeachment P roceeding: An unruly Horse Justice November – December Vol. 9 No. 7

pp. 26 – 36, 1993.

The Legal Status of a soldier under Nigerian Law justice. January – February 1994 pp. 45 –

62.

Election Tribunals in Nigeria. Chapter in Tribunal and Administration o f Justice in Nigeria.

Edition by Epiphany Azinge pp. 198 – 208.

Jurisdiction issues on Cyber Law Practice “GROWING THE LAW, NURTURING JUSTICE: Essays

in honour of Honourable Justice Niki Tobi 9ed) Prof. A.I. Chukwuemene. 2006

Corruption in Political Parties and the electoral Process: in PROBLEMS OF CORRUPTION IN

NIGERIA (ed) I.A. Ayua and Bolaji Owasanoye. NIALS

Disqualification of Candidates for elective office: Constitutional Imperatives. CURRENT THEMES IN THE 1999 CONSTITUTION (ed) D. A. Guobadia and Epiphany Azinge

Rule of Law, Due Process and Good Governance. RULE OF LAW AND GOOD GOVERNANCE

(ed) Epiphany Azinge and Bolaji Owasanoye

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Edited books

LAW-MAKING UNDER MILITARY REGIMES: THE NIGERIAN EXPERIENCE by Epiphany Azinge.

AZINGE’S IMMIGRATION LAW AND PRACTICE IN NIGERIA by Epiphany Azinge.

NEW FRONTIERS IN LAW by Epiphany Azinge.

TRIBUNAL AND ADMINISTRATION OF JUSTICE IN NIGERIA by Epiphany Azinge.

GLOBALISATION: NATIONAL DEVELOPMENT AND THE LAW edited by D.A. Guobadia and

Epiphany Azinge

CURRENT THEMES IN 1999 CONSTITUTION edited by D.A. Guobadia and Epiphany Azinge

RULE OF LAW AND GOOD GOVERNANCE edited by Epiphany Azinge and Bolaji Owasanoye

Legal Pluralism in Africa: A compendium on African customary law edited by Epiphany

Azinge and Animi Awah

FUNDAMENTALS OF LEGISLATIVE DRAFTING edited by Epiphany Azinge and Vivian Madu

LEGISLATIVE PROCESS IN NIGERIA edited by Epiphany Azinge and Suzzie Ofuani

DRAFTING LEGISLATION IN NIGERIA; CONSTITUTIONAL IMPERATIVES edited by Professor

Epiphany Azinge and Ngozi Udombana

PLEA BARGAIN IN NIGERIA: LAW AND PRACTICE edited by Epiphany Azinge and Laura Ani

Competition Law and Policy in Nigeria edited by Epiphany Azinge and Laura Ani

Freedom of Information Law and Regulation in Nigeria edited by Epiphany Azinge and

Fatima Waziri Azi

PRINCIPLES OF NEGOTIATION AND MEDIATION edited by Epiphany Azinge and Chinyere Ani

JUDICIAL REFORM AND TRANSFORMATION AGENDA edited by Epiphany Azinge and Dakas

CJ Dakas

LAW OF DOMESTIC VIOLENCE edited by Epiphnay Azinge

FREEDOM OF PROTEST edited by Epiphany Azinge and Laura Ani

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LEGAL EMPRICISM AND LEGAL WRITING SKILLS edited by Prof Epiphany Azinge, Francisca

Nlerum and Kelechi Amadi

RULES OF ENGAGEMENT FOR THE NIGERIAN MILITARY by Prof. Epiphany Azinge (Project

Director)

JUDICAL PERFORMANCE EVALUATION (2009-2011) by Prof Epiphany Azinge (Project

Director)

THE TRANSNATIONAL HUMAN RIGHTS REVIEW (Co-published by NIALS and Osgoode Hall

Law School

Journals

NIALS JOURNAL OF LAW AND DEVELOPMENT VOL. 1 edited by Epiphany Azinge

NIALS JOURNAL OF SUPREME COURT REVIEW VOL. 1& 2 (2011) edited by Epiphany Azinge

NIALS JOURNAL OF INTELLECTUAL PROPERTY VOL. 1(2011) edited by Epiphany Azinge and

Adebamo Adewopo

NIALS JOURNAL OF CRIMINAL LAW AND JUSTICE edited by Epiphany Azinge and Ayo

Atsenuwa

NIALS JOURNAL OF LAW AND PUBLIC POLICY edited by Epiphany Azinge and Adebisi Arewa

NIALS JOURNAL OF BUSINESS LAW edited by Epiphany Azinge and Paul Idornigie

NIALS JOURNAL OF LEGISLATIVE DRAFTING edited by Epiphany Azinge

Justice Marva McDonald-Bishop, CD, member, 1 August 2018-

Born in Jamaica, 1965

Education

BA (1st Class Hons) 1992, University of the West Indies, Mona, Jamaica

LLB (1st Class Hons) 1994, University of the West Indies, Cave Hill, Barbados

Certificate in Legal Education (1996), Norman Manley Law School, Kingston, Jamaica

Certificate of Enrolment as Attorney-at-Law, Jamaica Bar, (1996)

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Professional Experience

1996 – 1998 Clerk of Courts, Jamaica

1998 – 2000 Crown Counsel, Office of the DPP, Jamaica

2000 – 2006 Resident Magistrate & Coroner

2006 – 2008 Acting puisne Judge of the Supreme Court of Judicature of Jamaica

2009 – 2014 Puisne Judge

2014 – 2015 Acting Judge of Appeal

2015 - Judge of Appeal

Other Experience

2011 – present Acting Judge of the Grand Court of the Cayman Islands

2009 – present Associate tutor, Norman Manley Law School, Kingston, Jamaica

2008 – 2014 Course co-ordinator/Part-time lecturer

Deputy Clerks of Courts Qualifying Examination Course, Ministry of

Justice Training Institute, Jamaica

Some other activities & interests

Certified trainer in Judicial ethics

Member, the Association of Women Judges of Jamaica

Committee member Committee for the drafting of sentencing guidelines

Committee member Resident Magistrates Rules Committee

Committee member, Courts Reporting Committee

Vice President, Law Reform and Assessment

Committee Motivational speaker

Some selected papers presented

1998- 2016

The Bank of Jamaica and the Credit Union League on money laundering;

The Jamaica Police Academy and Staff College on several criminal law issues including

offences under the Larceny Act, fraud and identification procedures;

The Broadcasting Commission on the enforcement procedures under the Broadcasting

Commission Act;

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The Office of the DPP on evidential requirements in specified cases and on issues pertaining

to identification evidence and procedures;

“Building a winning case” paper presented at the Natural Resources Conservation Autjhority

in Kingston in 1999;

“Money laundering: making it everybody’s business” paper presented at the Credit Union

League workshops (1999/2000);

“Corruption and the Judicial Officer: A Jamaican perspective“ paper presented at the

Justice Education Institute of the Organisation of Eastern Caribbean States/Commonwealth

Magistrates & Judges Association held in St Lucia (2013)

“Balancing justice: An overview of the judicial role in criminal paper trials… etc” (2014).

NATIONAL AWARD

The Jamaican Order of Distinction in the rank of Commander (CD) for outstanding service

to the judiciary and the legal profession (August 2017)

Justice Aruna Devi Narain (Mauritius), member, 1 August 2017-

Qualifications:

• LL.B, London School of Economics, University of London (1990)

• LL.M, London School of Economics, University of London {1992)

• Called to the Bar at the Middle Temple, London and to the Mauritian Bar (1992)

Relevant Work Experience:

• Joined Attorney-General's Office of Mauritius in 1998. Served successively as State

Counsel, Senior State Counsel, Principal State Counsel, Assistant Parliamentary Counsel,

Assistant Solicitor-General and Parliamentary Counsel. Have appeared as Counsel for the

State before all Courts and many statutory tribunals of Mauritius.

• Appointed (part-time) Chairperson of the National Pension Appeals Tribunal in April

2015.

• Appointed Puisne Judge of the Supreme Court of Mauritius in July 2015.

• Joined Attorney-General's Office of Mauritius in 1998. Served successively as State

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Counsel, Senior State Counsel, Principal State Counsel, Assistant Parliamentary Counsel,

Assistant Solicitor-General and Parliamentary Counsel. Have appeared as Counsel for the

State before all Courts and many statu tory tribunals of Mauritius.

• Appointed (part-time) Chairperson of the National Pension Appeals Tribunal in April

2015.

• Appointed Puisne Judge of the Supreme Court of Mauritius in July 2015.

• Appointed Designated Judge, one of the 6 Judges of the Supreme Court specialized in

international arbitration matters, in October 2015.

• One of the main legal advisers of the Ministry of Foreign Affairs between 1994 and 2015.

Have worked on various complex international law issues on behalf of the Government

of Mauritius.

• Part-time Lecturer in "Law of Evidence" (1995- 1999 ) and "Constitutional Law" {20042011), Council of Legal Education. Member of the Board of Examiners in 2008,

2009 and 2010.

• Member of the ream that undertook the revision of the laws of Mauritius together with

Lexis-Nexis Butterworths (Pty) Ltd (between 200i and2015).

• Chief Programme Officer, Criminal Law Section, Legal and Constitutional Affairs Division,

Commonwealth Secretariat, London. (September 200S-April 2004). Have in that capacity

worked on cases scheduled before the Commonwealth Secretariat Arbitral Tribunal.

• Resource-person/Consultant for the Commonwealth Secretariat /United Nations

Office on Drugs and Crime (UNODC) on several occasions between 2002 and 2015

(on various issues including international cooperation in criminal matters, asset

recovery, the International Criminal Court and counter-terrorism).

• Regularly attended and participated in meetings of Senior Officials of Law Ministries of

the Commonwealth between 2004 and 2015.

• Have appeared before a number of human rights treaty bodies (Human Rights

Committee, Committee on Economic, Social and Cultural Rights, African Commission on

Human and Peoples' Rights, Committee against Torture, Committee on the Rights of the

Child) for the purpose of presenting and defending Government reports.

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• Member of Government delegation at the Universal Periodic Review (UPR) of Mauritius

before the Human Rights Council (i008).

• Member of the team from the Government of Mauritius that defended the submission

for an extended continental shelf made to the UN Commission on the Limits of the

Continental Shelf between 2009 and 2016.

• Deputy Agent for Government of Mauritius in arbitral proceedings brought by

Mauritius against the UK in relation to the Chagos Archipelago.

• Deputy Electoral Commissioner, Village Council Elections, 2012, and General Elections,

2014.

• Member of the Law Reform Commission (2011-5).

• Publications include "Technology in Court: the Mauritian Experience" (Commonwealth

Judicial Journal, Vol 18 no 4, December 2010) and "Preparing for Piracy Trials in

Mauritius" (Commonwealth Law Bulletin, Volume S9, No 1, March 2013).

Catherine Callaghan QC, member, 25 January 2019 –

2018 Appointed Queen's Counsel in England

1999 Called to the Bar in England and Wales 1995

Called to the Bar in New Zealand

PRACTICE HISTORY

2000 to date Barrister, Blackstone Chambers

1999-2000 Pupil, Blackstone Chambers

1997-1999 Solicitor, Clifford Chance, London

1995-1996 Solicitor, Rudd Watts & Stone, Wellington, New Zealand

PROFESSIONAL APPOINTMENTS

2018 - Bencher, Inner Temple

2013-2018 Attorney General's A Panel of Junior Counsel

2009-2013 Attorney General's B Panel of Junior Counsel 2003-

2009 Attorney General's C Panel of Junior Counsel

NATURE OF PRACTICE AT THE ENGLISH BAR

I am a full-time barrister practising in London. I am a dual citizen of, and qualified in, the UK

and New Zealand. I specialise in public and regulatory law with a practice ranging across the

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areas of employment law, civil liberties and human rights, discrimination, freedom of

information, professional discipline, and public international law. I appear mainly in the

Queen's Bench Division of the High Court in judicial review proceedings and statutory appeals,

and the English appellate courts. I also regularly appear in the Employment Tribunal, Special

Immigration Appeals Commission (SIAC) and the First-tier Tribunal in Information Rights cases,

and professional disciplinary tribunals.

I typically act for Government Departments such as the Foreign & Commonwealth Office,

Home Office and Ministry of Justice, and regulatory bodies such as the General Medical

Council, Solicitors Regulatory Authority, Advertising Standards Authority, the Human

Fertilisation and Embryology Authority, and the Institute of Chartered Accountants in England

and Wales. I am regularly instructed to carry out internal investigations into sexual harassment,

discrimination, or breach of professional obligations.

SAMPLE OF RECENT CASES

Hamam v British Embassy in Cairo & Foreign & Commonwealth Office (2018) — Acting for the

British Embassy in Cairo and the FCO in defending a claim for discrimination, unfair dismissal

and whistleblowing brought by the Vice Consul in the British Embassy. The Defendants have

applied to strike out her case on the basis that the Employment Tribunal lacks territorial

jurisdiction over her claim.

R (AL) v Serious Fraud Office [2018] EWHC 856 (Admin); [2018] 1 WLR 4557 - Acted for an

interested party (a defendant in criminal proceedings) in a judicial review challenge to the

SFO's refusal to compel a company to disclose 'first account' material in accordance with a

deferred prosecution agreement.

R Good Law Protect v Secretary of State for Exiting the European Union & Her Majesty's

Treasury (2018) — Acted for the Defendants (led by Sir James Eadie QC) in successfully

resisting a judicial review challenge to the UK refusal to release Brexit 'impact analysis'

documents.

Michalak v General Medical Council [2017] UKSC 71; [2017] I WLR 4193 — Acted for the

solicitors Regulation Authority intervening in an appeal to the Supreme Court on the issue

whether the Employment Tribunal's jurisdiction to hear discrimination claims against

professional regulatory bodies is ousted by the availability of judicial review proceedings.

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R (Banerjee) v General Medical Council [2017] EWCA Civ 78 - Acted for the UK medical gulator

in the High Court and Court of Appeal, defending a challenge to a refusal to store the doctor to

the medical register. The case concerned whether the disciplinary hearing was unfair by virtue

of the Tribunal's excessive interventions and questioning of the doctor.

Alam v Secretary of State or Education (2016-2017) — Acted for the Secretary of State (led by

Martin Chamberlain QC) in the First-tier Tribunal resisting a challenge to an order prohibiting a

person from managing independent schools on the ground that he had engaged in conduct

which 'undermined fundamental British values'.

R (British American Tobacco Ltd & Others) v Secretary of State for Health [2016] EWCA Civ

1182 — Acted for the Defendant (led by Sir James Eadie QC) in the High Court and Court of

Appeal successfully defending judicial review challenges brought by to the UK Government's

tobacco plain-packaging measures.

R (Mr & Mrs M) v Human Fertilisation & Embryology Authority [2016] EWCA Civ 611 –

Acted for the UK fertility clinic regulator defending the regulator's refusal to the Claimant's

deceased daughter’s frozen eggs to enable the Claimant treatment in the United States. The

Claimants alleged that the regulator’s refusal violated their Article 8 rights to become a parent

using their daughter's gametes.

R Andargachew v Secretary of State for Foreign & Commonwealth Affairs (2016) – Acted for the

UK Government defending a judicial review challenge to the lawfulness of the UK

Government's conduct of its foreign relations with Ethiopia, in relation to a British citizen

detained in Ethiopia. The detainee's family argued that the UK Government’s failure to request

his release from prison was unlawful.

A more detailed list of my recent cases can be found in my Chambers CV:

https://www.blackstonechambers.com/barristers/catherine-callaghan/

PROFESSIONAL MEMBERSHIPS

JUSTICE, Employment Lawyers Association, Employment Law Bar f Disciplinary and Regulatory

Lawyers, Anglo-Australasian Lawyers

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EDUCATIONAL QUALIFICATIONS

1997 LLM (First Class), University of Cambridge

1995 LLB (Hons), Victoria University of Wellington

1994 BA, Victoria University of Wellington

PUBLICATIONS

Co-author of "Practice and Procedure” chapter in Employee Competition: Convenants,

Confidentiality and Garden Leave (Oxford University Press, 2nd ed., 2011, ed. Paul Goudling QC)

Chapters 5 and 6 ("Commencing a Claim” and “Acknowledgment of Service”) in Administrative

Court: Practice and Procedure (Sweet & Maxwell, 2006, ed. Beverly Lang QC)

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Co-writer of "Conflicts Of Law” in European Employment Law and the UK (Sweet & Maxwell,

2003)

"What is a 'Target Duty'?" [2000] Judicial Review 184.

"They think it’s all over: The impact of the Tobacco Advertising Directive on sport

sponsorship in the United Kingdom" [2000] Sport and the Law Journal 91.

“'Constitutionalisation' of Treaties by the Courts – The Treaty of Waitangi and the Treaty of

Rome Compared" [1999] New Zealand Universities Law Review 334.

“Manifest disadvantage in undue influence: An analysis of its role and necessity” [1995]

Victoria University of Wellington Law Review 289.

SCHOLARSHIPS AND PRIZES

1997 Pegasus Scholarship,

Inner Temple Honorary Senior Scholarship, William McNair Prize in Law, and College

Book

Prize, Gonville and Caius College, Cambridge (for the top LLM graduate at Gonville and Caius

College and top LLM graduate overall)

1996 W.M. Tapp Scholarship to Gonville and Caius College, Cambridge

1995 Chapman Tripp Sheffield Young Prize (for the top law graduate at Victoria University of

Wellington)

Justice K.S.P. Radhakrishnan, (India) member, 1 June 2019 -

Positions held:

Former judge, Supreme Court of India

Former Chief Justice, J&K High Court and High Court of Gujarat

Judge 1995 – 2014

Lawyer 1973 – 1995

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Rendered judgments in various important matters on Commercial Law, Contracts, Taxation

like the Vodafone taxation case on capital gains, Cain-India, Sterlite, Sahara etc. and also in

Domestic and International Arbitration.

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Presently:

Chairman, Road Safety Committee constituted by the Supreme Court of India;

Arbitrator in a number of International Arbitration matters;

Member, Delhi International Arbitration Centre, New Delhi;

Life Member, ASSOCHAM International Arbitration Centre, Delhi;

Member, India Council of Arbitration, New Delhi

Life Member, International Centre for Alternate Dispute Resolution constituted by the

Government of India, New Delhi.

Administration

Secretary – Mr R.C. Nzerem