Tony Cole

Tony Cole profile photograph

Reader in Arbitration and Investment Law 
Email: tony.cole@le.ac.uk 
Telephone: +44 (0)116 252 2366

Personal details

BA (St. John’s College, MD), JD (University of Michigan), Attorney and counsellor-at-law (New York)

I am an internationally-recognised expert in international and domestic arbitration, cross-border commerce and international investment law, and I have been involved in international dispute resolution for over 10 years.

I am a Fellow of the Chartered Institute of Arbitrators, a Member of the New York Bar, and previously worked at White & Case in New York City, practising both arbitration and litigation (cross-border disputes, banking disputes, U.S. securities law disputes).

I have broad knowledge of arbitration law and practice in jurisdictions throughout Europe and the Americas, and in 2015 delivered a report to the European Parliament’s Legal Affairs Committee on arbitration across the European Union and Switzerland, which discussed arbitration law and practice in each Member State of the European Union and Switzerland, including information on over 30 European arbitral institutions. I am currently undertaking similar work across the Americas.

I have authored publications that have appeared in leading international journals on a range of topics, including

  • arbitration
  • international investment law
  • comparative contract law
  • WTO law
  • the European Union
  • U.S. Constitutional law

I have taught

  • arbitration and investment law
  • English contract law
  • international sales transactions
  • WTO law
  • public international law

I have previously published the book The Structure of Investment Arbitration, and I am currently under contract to produce books on arbitration for Cambridge University Press, Kluwer Law International and Routledge.

I have been invited to speak on arbitration around the world, including Australia, the United States, Hong Kong, Sweden, Ireland, Poland, Portugal, the United Kingdom and Switzerland.

Publications

Books

  • The UNCITRAL Model Law on International Commercial Arbitration: A Critical Commentary (Cambridge University Press 2019) (with Shahla Ali, Ilias Bantekas, Manuel Gomez and Pietro Ortolani) [coordinating author]
  • Arbitration in the European Union (with Pietro Ortolani and Barbara Warwas) (Kluwer 2018)
  • Arbitration and the State in the European Union (with Pietro Ortolani and Barbara Warwas) (Kluwer 2017) [coordinating author]
  • International Arbitration: The Practice and the Theory (with Pietro Ortolani) (Routledge 2017)
  • The Roles of Psychology in International Arbitration (Series: International Arbitration Library) (Kluwer 2016) [editor and contributor]
  • The Structure of Investment Arbitration (Routledge 2013) (paperback edition released in 2015; US edition released in 2015)

Studies

  • “Legal Instruments and Practice of Arbitration in the EU” (2015) (with Ilias Bantekas, Christine Riefa, Federico Ferretti, Barbara Warwas and Pietro Ortolani) (study funded by the European Parliament) [principal investigator and lead author]

Articles and chapters

  • “Arbitration in Western Europe: Insights from a Large-Scale Empirical Study”, American Review of International Arbitration (forthcoming, 2017) (with Pietro Ortolani) [peer-reviewed]
  • “Arbitration in Scandinavia and the Baltic States: Insights from a Large-Scale Empirical Study”, American Review of International Arbitration (forthcoming, 2017) (with Pietro Ortolani and Barbara Warwas) [peer-reviewed]
  • “Arbitration in Eastern Europe: Insights from a Large-Scale Empirical Study”, American Review of International Arbitration (forthcoming, 2017) (with Pietro Ortolani and Barbara Warwas) [peer-reviewed]
  • “Arbitration from the Perspective of Psychology”, in The Oxford Handbook of International Arbitration (Thomas Schultz & Federico Ortino eds.) (Oxford University Press 2017) (with Pietro Ortolani and Sean Wright) [invited]
  • “Legislating for an Effective System of Online Consumer Arbitration”, in The Brave New World of Arbitration: The Role of Technology and the Internet in International Arbitration (Christian Aschauer & Maud Piers eds.) (Cambridge University Press 2016) (with Pablo Cortés) [invited]
  • “Issues in Cross-Disciplinary Work in Law and Psychology”, in The Roles of Psychology in International Arbitration (Tony Cole ed.) (forthcoming Kluwer 2016) (with Cornel Marian & Ula Cartwright-Finch)
  • “Arbitration in Southern Europe: Insights from a Large-Scale Empirical Study”, American Review of International Arbitration (2015) (with Pietro Ortolani and Barbara Warwas) [peer-reviewed]
  • “Diversity in Arbitration in Europe: Insights from a Large Scale Empirical Study”, Transnational Dispute Management (2015) (with Pietro Ortolani) [peer-reviewed]
  • “Legal Instruments and Practice of Arbitration in the EU”, Transnational Dispute Management (2015) (with Ilias Bantekas, Christine Riefa, Federico Ferretti, Barbara Warwas and Pietro Ortolani) (republication of European Parliament study) (principal investigator and lead author) [peer-reviewed]
  • “Non-Binding Documents and Literature”, in International Investment Law: The Sources of Rights and Obligations (Eric De Brabandere and Tarcisio Gazzini eds.), (Brill 2012) [invited]
  • “The Boundaries of Most Favored Nation Treatment in International Investment Law”, 33 Michigan Journal of International Law 537 (2012)
  • “Justice in the Diffusion of Innovation” (with Allen Buchanan & Robert Keohane), 19(3) Journal of Political Philosophy 306 (2011) [peer-reviewed]
  • “Power-Conferring Treaties: The Meaning of ‘Investment’ in the ICSID Convention” (with Anuj Kumar Vaksha – PhD supervisee), 24(2) Leiden Journal of International Law 355 (2011) [peer-reviewed]
  • “Authority and Contemporary International Arbitration”, 70 Louisiana Law Review 801 (2010)
  • “Commercial Arbitration in Japan: Contributions to the Debate on Japanese ‘Non-Litigiousness’”, 40 New York University Journal of International Law and Politics 29 (2007)
  • “The Committee of the Regions and Subnational Representation to the European Union”, 12 Maastricht Journal of European and Comparative Law 49 (2005) [peer-reviewed]
  • “Labor Standards and the Generalized System of Preferences: The European Labor Incentives”, 25 Michigan Journal of International Law 179 (2003) [student note]
  • “The Parol Evidence Rule: A Comparative Analysis and Proposal”, 26(3) University of New South Wales Law Journal 680 (2003)
  • “Scalia and the Institutional Approach to Law”, 34 University of Toledo Law Review 559 (2003)

Book reviews and professional publications

  • “ICS v. Argentina”, 27 ICSID Review – Foreign Investment Law Journal 268 (2013) [invited case comment]
  • “Repsol May Never Get Paid for YPF”, New Statesman (online), 24 April 2012 [invited blog post]
  • “Is Argentina allowed to seize YPF?”, New Statesman (online), 23 April 2012 [invited blog post]
  • “Abdulrahman Yahya Baamir – Shari’a Law in Commercial and Banking Arbitration: Law and Practice in Saudi Arabia”, 12 Journal of Banking Regulation 192 (2011) [invited]
  • “Arbitrator Appointments in Investment Arbitration: Why Expressed Views on Points of Law Should Be Challengeable,” 1 Investment Treaty News Quarterly 13 (2010) [invited]
  • “International Company for Railway Systems (ICRS) and Privatization Holding Company (PHC) v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/09/13)” (with Yazan D. Haddadin – PhD student), 7 Transnational Dispute Management (2010)
  • “Susan Easton (ed.) – Marx and Law (2008)”, 30 Philosophy in Review 24 (2010)
  • “Ronald Charles Wolf – Trade, Aid and Arbitrate (2003)”, Global Law Books (2007), available at http://www.globallawbooks.org/reviews/detail.asp?id=398
  • “Larry Laudan – Truth, Error and Criminal Law (2006)”, 27 Philosophy in Review 417 (2007)
  • “William Outhwaite – The Future of Society (2006)”, 27 Philosophy in Review 286 (2007)
  • “New York State Courts May Order Provisional Remedies in Support of International Arbitration,” World Arbitration and Mediation Report, 17 World Arbitration & Mediation Report 176 (2006)
  • “Vittorio Hösle – Morals and Politics (2004)”, 26 Philosophy in Review 259 (2006)
  • “Roberto Toniatti, Francesco Palermo & Marco Dani (eds.) – An Ever More Complex Union (2004)”, Maastricht Journal of European and Comparative Law, 13 Maastricht J. Eur. & Comp. L. 258 (2006) [invited]

Symposia and workshops organised

  • Two online symposia on issues relating to the impacts of international investment arbitration on State governance and human rights [hosted on OGEMID from 2013-2014, each seminar taking place over two weeks, with eight contributors] [lead organiser and moderator]
  • “The Roles of Psychology in International Arbitration” (a three-day conference exploring the insights that psychology can provide on international arbitration; co-funded by Brunel University, Transnational Dispute Management and Brunel Law School): http://www.brunel.ac.uk/law/news-and-events/events/bcsiacbi-brunel-centre-for-the-study-of-international-arbitration-and-cross-border-investment/ne_283957, May 22-24, 2013
  • Online Symposium on Abaclat and Others (Case formerly known as Giovanna a Beccara and Others) v. Argentine Republic, ICSID Case No. ARB/07/5, July 2012 [in cooperation with Julian Mortenson, organised and moderated two week symposium on OGEMID]
  • Online Symposium on Spyridon Roussalis v. Romania, ICSID Case No. ARB/06/1, January 2012 [organised and moderated week-long symposium on OGEMID]
  • The Role of Social Norms in Building a Low Carbon Society (in cooperation with Kai Spiekermann and Dan Priel), July 2009 [one-day workshop]
  • Diversity or Cacophony: New Sources of Norms in International Law, March 19-20, 2004, University of Michigan Law School [two day conference]

Invited presentations of research

  • Conference: “Arbitration Futures: The Next 10 Years” (member of panel on “Arbitration in 2026”; keynote speech to Under-40 Session), 10th Congress of the Commercial Arbitration Centre of the Portuguese Chamber of Commerce and Industry, Lisbon, Portugal, 7-8 July, 2016
  • Workshop: Co-presentation (presentation made by my co-author) “The Brave New World of Arbitration: The Role of Technology and the Internet in International Arbitration”, Ghent, Belgium, 11-12 January, 2016
  • Conference: “International Dispute Resolution: Diversity Towards Convergence?”, Krakow, Poland, 15-16 October, 2015
  • Conference: Co-presentation (I was the invitee, but I arranged for a co-author to present a co-authored paper in my place): “Dispute Resolution in M&A/JV Transactions”, Warsaw, Poland, 28-29 May, 2015
  • Participant in the UNCTAD Expert Meeting on “The Transformation of the International Investment Agreement Regime”, Geneva, Switzerland, February 2015
  • Presentation to the JURI Committee of the European Parliament: “Legal Instruments and Practice of Arbitration in the EU”, Brussels, Belgium, February 2015
  • Workshop: “Towards a Theory of Arbitration: A Decentering Approach to Globalization”, Chinese University of Hong Kong, Hong Kong, China, June 2014
  • Conference: “International Arbitration: The Role of Law”, Stockholm, Sweden, Thursday, May 2014
  • Conference: “FT MIGA Summit: Managing Global Political Risk: Old Risks, New Moment”, London, UK, December 2011
  • Conference: “The Most-Favoured-Nation Treatment of Substantive Rights”, Association for International Arbitration, Brussels, Belgium, October 2010
  • Presentation of “Most-Favoured Nation Treatment in International Investment Law”, Louisiana State University, Baton Rouge, USA, March 2010
  • Presentation of “Justice in the Diffusion of Innovation” (with Allen Buchanan & Robert Keohane), Yale University, New Haven, USA, March 2010
  • Conference: “Investment Treaty Arbitration: Evolution and Revolution in Substance and Procedure”, Sydney Law School, Australia, February 2010

Research

  • International and domestic arbitration
  • International and domestic commercial transactions
  • International trade and shipping
  • International investment law
  • Public international law

Media and News

Second Annual Meridian 180 Global Summit, inward looking societies and international trade

Second Annual Meridian 180 Global Summit, inward looking societies and international trade

Posted by ab98 at May 23, 2017 11:45 AM |

Tony Cole attends prestigious policymaking summit.

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The Roles of Psychology in International Arbitration

The Roles of Psychology in International Arbitration

Posted by ab98 at Apr 19, 2017 10:35 AM |

Collection edited by Tony Cole bringing together arbitration and psychology specialists in a collaborative process.

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Law School Reader elected to the regional committee of the Chartered Institute of Arbitrators

Law School Reader elected to the regional committee of the Chartered Institute of Arbitrators

Posted by ab98 at Apr 19, 2017 10:30 AM |

Tony Cole wiil serve on the committee of the East Midlands Branch in the promotion of Arbitration and Aleternative dispute Resolution

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Tony Cole speaks on Arbitration at Asia-Pacific Event

Tony Cole speaks on Arbitration at Asia-Pacific Event

Posted by ab98 at Nov 01, 2016 11:00 AM |

On October 17, Tony Cole, Reader in Arbitration and Investment Law at Leicester Law School, presented on and moderated a panel in Dublin for the Asia-Pacific Forum for International Arbitration.

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Tony Cole Profiled in Global Arbitration Review

Tony Cole Profiled in Global Arbitration Review

Posted by ab98 at Aug 29, 2016 12:00 AM |

Law reader features in leading guide to professional arbitration.

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