Robert G. Volterra

Partner
Practices
Bar Qualifications

England and Wales (Solicitor)
Ontario

Education

LLMi, University of Cambridge, 1992

LLB, Osgoode Hall Law School (York University), 1989

BA, University of Western Ontario, Canada, 1987

 

Experience

Robert Volterra is a partner in the London office and is also present in the Paris office. He heads the firm's Public International Law Group (which is consistently ranked in the top-tier by both the Legal 500 and the Chambers UK directories).

He advises and represents governments, international organizations and private clients on a wide range of contentious and non-contentious public international law and international dispute resolution issues, including: international investment agreements and BITs; boundaries and territorial integrity; international arbitration and litigation; diplomatic and consular law; State responsibility; treaty interpretation; ICSID; NAFTA; the Energy Charter Treaty; trans-boundary resources and pipelines; joint-development zones and straddling resource regimes; the laws of war; and sanctions. He has acted as counsel and advocate before the International Court of Justice and ad hoc international arbitration tribunals, including under the Permanent Court of Arbitration, ICSID, ICC, SCC, LCIA, UNCITRAL, WTO and UNCLOS rules. He regularly sits as an arbitrator on international arbitral tribunals.

Mr. Volterra is a Visiting Professor of International Law at University College, University of London (UCL).  He is on the Public International Law Advisory Board of the British Institute of International and Comparative Law; is a member of the ICC Latin American Arbitration Committee and is on the Management Board of the BIICL's Investment Treaty Forum. He is also on the Expert Panel for States of UNCTAD's Programme on Dispute Settlement in International Trade, Investment and Intellectual Property and is a Legal Expert on the Energy Charter Secretariat's Legal Advisory Task Force.

The Financial Times ranked Mr. Volterra's practice in first place in the Legal Expertise category of its 2007 Innovative Lawyer Awards.

The Legal 500 directory has ranked Mr. Volterra's practice in the top tier for the past 14 years, noting “Latham & Watkins' practice has great breadth and depth, with strength in international arbitration, border, treaty and investor/state disputes.” It ranks Mr. Volterra personally as a “Leading Individual” in both the international arbitration and public international law categories. It describes him as “a pre-eminent PIL specialist”, “widely acknowledged as a leader”, “highly recommended”, “a star player on the arbitration side” and “a key figure” with “a leading reputation”, noting that clients highlight his “grasp of legal, political, economic and financial matters”.

Chambers Europe directory refers to Mr. Volterra as “a venerated figure” in international dispute resolution, international arbitration and public international law.

Legal Business' “Legal Experts” has ranked Mr. Volterra as “highly recommended” and one of the “leading lights” in the field of international arbitration and litigation for the past 10 years.

Chambers UK directory has ranked Mr. Volterra's practice in the top tier for the past 12 years. It ranks him personally as a “Leading Individual” in both the international arbitration and public international law categories. It describes him as “formidable”, a “market leader” and a “top-class practitioner”, with “all the right ticks in all the right boxes when it comes to international arbitration.” It notes that clients “greatly valued his ability to handle ‘the most sensitive of cases with the utmost skill'” and view him as “a global player”. It continues: “he is more dynamic and more energetic than most lawyers in this field; and enjoys an outstanding reputation both in terms of his legal expertise and as a rainmaker.”

Mr. Volterra is consistently listed in the International Who's Who of International Commercial Arbitration.

Highlights of his public international law experience include:

  • Qatar v Bahrain Counsel of the State of Bahrain in its territorial and maritime boundary dispute with the State of Qatar before the International Court of Justice;
  • Eritrea/Yemen Counsel of the State of Eritrea in its island and maritime boundary dispute with The Republic of Yemen (Phase 2 - the maritime delimitation phase of the arbitration), under the aegis of the Permanent Court of Arbitration;
  • Barbados v The Republic of Trinidad and Tobago Co-Agent of the State of Barbados in its first UNCLOS Annex VII maritime boundary delimitation arbitration against The Republic of Trinidad and Tobago, under the aegis of the Permanent Court of Arbitration;
  • New Zealand v France (the Nuclear Tests Case) Legal Team of New Zealand in the case before the International Court of Justice against the French Republic;
  • The Kingdom of Spain v. Canada (the Fisheries Jurisdiction case) Legal Team of Canada in its maritime dispute with Spain before the International Court of Justice;
  • The Republic of Chile v The Republic of Argentina (the Laguna del Desierto arbitration) Legal Team of The Republic of Chile in its territorial boundary dispute with The Republic of Argentina;
  • The State of Eritrea v The Republic of Ethiopia Legal Team of the State of Eritrea in its diplomatic and consular law dispute with the Federal Democratic Republic of Ethiopia at the International Court of Justice;
  • Eritrea - Ethiopia Claims Commission  Counsel of the State of Eritrea in the Permanent Court of Arbitration proceedings against the Federal Democratic Republic of Ethiopia, under the aegis of the UN Security Council;
  • A v B Legal Team of a South East Asia State in a land territory case being brought by compromis with one of its neighbours before the International Court of Justice (cannot currently be identified for reasons of client confidentiality);
  • E v F Legal Team of a European State in preparation for bilateral negotiations and the eventual launching a maritime boundary and land territory case before the International Court of Justice or other international law tribunal (cannot currently be identified for reasons of client confidentiality);
  • G v H Lead Counsel of an Asian State in preparation for launching a maritime boundary case before the International Court of Justice (cannot currently be identified for reasons of client confidentiality;
  • Appointed by the Secretary General of the Organisation of American States, as a member of the Verification Commission for the Good Offices Mission to Colombia and Ecuador (re the boundary incident of 2008);
  • Eurotunnel v The French Republic and the United Kingdom Agent and counsel of Eurotunnel in a Permanent Court of Arbitration case simultaneously against France and the UK under a sui generis treaty regime, involving issues of expropriation and other public international law investment protection issues, in relation to a concession agreement for the provision of railway services;
  • The European Energy Community v The Republic of Macedonia Counsel to The Republic of Macedonia in the first ever case brought by the European Energy Community Secretariat, related to the regulation of the Macedonian electricity sector;
  • Tatar and Tatar v Republic of Romania Legal Team of the Claimant in a case before the European Court of Human Rights involving issues of international human rights law;
  • Counsel of St Kitts and Nevis in its maritime delimitation negotiations with its neighbours;
  • Counsel to Grenada in its maritime delimitation negotiations with its neighbours;
  • Counsel to Malaysia in its maritime delimitation negotiations with its neighbours;
  • Counsel of an African State in its maritime boundary negotiations with its neighbours (cannot currently be identified because of client confidentiality);
  • Counsel of a different African State in its land boundary disputes with one of its neighbours (cannot currently be identified because of client confidentiality);
  • Counsel of an East Asian State in its maritime boundary disputes with its neighbours (cannot currently be identified because of client confidentiality);
  • AY Bank Limited (In Liquidation) and Bosnia and Herzegovina, The Republic of Croatia, The Republic of Macedonia, The Republic of Slovenia, The Federal Republic of Yugoslavia (now The Federal Republic of Serbia and The Federal Republic of Montenegro), Embassy of Serbia and Montenegro Counsel of The Republic of Croatia in its English High Court Chancery Division dispute (before the Lord Chancellor) involving the dissolution and partition of the assets of the former Yugoslavia;
  • Adria Beteiligungs v The Republic of Croatia Counsel in an UNCITRAL arbitration under the aegis of the Permanent Court of Arbitration involving issues of expropriation and bilateral investment treaties related to a gaming concession agreement;
  • Laskaridis v The State of Ukraine Counsel in an UNCITRAL arbitration under the aegis of the Permanent Court of Arbitration involving issues of expropriation and bilateral investment treaties related to shipyard and boatbuilding contracts;
  • GEA Aktiengesellschaft v The State of Ukraine Counsel in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to an energy and petrochemical manufacturing agreement;
  • Barmek v The Republic of Azerbaijan Counsel in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a concession agreement for electrical distribution;
  • MHS Berhad v Malaysia (annulment phase) Counsel in an ICSID annulment involving issues of expropriation and bilateral investment treaties related to a diving and salvage concession;
  • P. Gruslin v Malaysia Counsel in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a foreign investment in securities;
  • EVN AG v The Republic of Macedonia Counsel in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a concession agreement for electricity generation;
  • MCI Power Group L.C. and New Turbine, Inc. v The Republic of Ecuador Counsel in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a concession agreement for electricity generation;
  • Duke Energy Electroquil Partners and Electroquil S.A. v The Republic of Ecuador Counsel in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a concession agreement for electricity generation;
  • MCI Power Group L.C. and New Turbine, Inc. v The Republic of Ecuador (annulment phase) Counsel in an ICSID annulment involving issues of expropriation and bilateral investment treaties related to a concession agreement for electricity generation;
  • EMELEC Inc. v The Republic of Ecuador Counsel in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a concession agreement for electricity generation;
  • Wena Hotels v The Arab Republic of Egypt Counsel in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a concession agreement for hotels and resorts;
  • Aguas del Tunari S.A. v The Republic of Bolivia (the Cochabamba case) Counsel in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a concession agreement for water and sewerage services;
  • Empresas Lucchetti S.A. v The Republic of Peru (the Peru Pasta case) Counsel in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a foreign investment under a Bilateral Investment Treaty;
  • ATA Construction v The Hashemite Kingdom of Jordan Counsel in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a water services concession agreement;
  • Karmer Marble Tourism Construction Industry and Commerce Limited Liability Company v Georgia Counsel in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a highway construction and casino hotel services concession agreement;
  • Telekom Malaysia Berhad v The Government of The Republic of Ghana (the TMB case) Counsel in an UNCITRAL arbitration under the aegis of the Permanent Court of Arbitration involving issues of expropriation and bilateral investment treaties related to a concession agreement and other arrangements relation to fixed and mobile telephony services;
  • Alapli Elektrik BV v The Republic of Turkey Counsel in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to electricity generation concession agreements;
  • Swisslion v The Republic of Macedonia Counsel in an ICSID arbitration involving issues of expropriation and bilateral investment treaties related to a factory in Macedonia;
  • Antigua and Barbuda v The United States of America Counsel of Antigua and Barbuda in its WTO Disputes Panel proceedings against the United States of America;
  • Advising the Government of the Kingdom of Saudi Arabia on various public international law issues;
  • Advising the Government of Dubai on structuring, treaty negotiation and drafting, other public international law and international dispute resolution issues related to the Dubai International Financial Centre (DIFC);
  • Advising the Government of Canada on non-proliferation, arms control and disarmament (NACD) issues in relation to Weapons of Mass Destruction (WMDs);
  • Advising the UN's Food and Agriculture Organisation (FAO) on a variety of public international law issues, including drafting a multilateral treaty, advising on international human rights and the Law of the Sea issues;
  • Advising the Korean Peninsula Energy Development Organisation (KEDO) on a variety of public international law issues, including negotiating and drafting a non-sovereignty zone treaty for a territorial zone within the Democratic People's Republic of Korea, State responsibility, transboundary resources, international environmental law and sovereign and diplomatic immunities;
  • Advising the International Maritime Satellite Organisation (INMARSAT) on various public international law issues related to its restructuring initiatives, including drafting a number of multilateral treaties;
  • Advising the State of Barbados in its negotiations for and drafting  of a maritime Joint Development Zone treaty with The Republic of Guyana;
  • Advising  a State of Africa in its negotiations for a drafting of a maritime Joint Development Zone treaty with a neighbouring State;
  • Advising the State of Barbados in formulating and submitting its claim to Outer Continental Self to the UN Commission on the Limits of the Continental Shelf;
  • Advising the consortium (TotalFinaElf/Petronas/NIOC) in relation to a gas off-take project from a boundary-straddling reservoir in Iran;
  • Advising PSG Pipelines Ltd. on boundary delimitation, the Law of the Sea Convention, negotiating and drafting inter-State treaties and other public international law issues in relation to a transboundary gas pipeline in the Persian Gulf;
  • Advising an oil company on boundary-straddling hydrocarbon resource management in the Caspian Sea (cannot be identified because of client confidentiality);
  • Advising Wintershall on Law of the Sea and transit issues in relation to its operations in the Russian/Norwegian Arctic;
  • Advising Member States of SOPAC (the Pacific Islands Forum) on maritime boundary and resources issues;
  • Advising the EBRD on public international law matters in Eastern Europe, including in relation to a boundary dispute between neighbouring States;
  • Advising the consortium (Bechtel/Shell) building the transboundary Trans-Caspian Gas Pipeline on the status and use of the Caspian Sea, boundary delimitation, straddling hydrocarbon resource issues, the Energy Charter Treaty, the Law of the Sea Convention, international human rights, international environmental law and other public international law issues, including negotiating and drafting inter-State treaties;
  • Advising the consortium (Chevron/Shell) building the transboundary West African Gas Pipeline on boundary delimitation, straddling hydrocarbon resource issues, the Law of the Sea Convention, international environmental law and other public international law issues, including negotiating and drafting inter-State treaties.

Mr. Volterra's recent publications and presentations include:

  • "A practitioner's perspective on managing maritime boundary disputes," 2009 Africa-Asia Legal Consultative Organisation 49th Annual Session, Kuala Lumpur
  • "Investment Treaties and the EC Treaty - the legal situation of third States," 2009 ECT Secretariat Bi-Annual Conference, Bruxelles
  • "Performance as a Remedy: State Contracts and Investment Disputes," 2008 Association Suisse Arbitrage Annual Conference, Basel
  • "Provisional Measures (Interim Measures) and Investment Treaty Arbitration under ICSID and UNCITRAL: developments and trends", Investment Treaty Law: Current Issues III, British Institute of International and Comparative Law
  • "The ABCs of Boundary Disputes, E&P Boundary Disputes and Unitisation for the Asia Region," 2008 IQCP Singapore
  • "The Energy Charter Treaty", Gas Power Journal
  • "Bolivia's Exit from ICSID: Legal and Practical Consequences of Denouncing the ICSID Convention," 2007 BIICL ITF conference, London
  • "BIT Arbitration in Latin America", Arbitration and ADR, IBA
  • "Arbitration in the Energy and Natural Resources Industries," 2007 IBA Annual Conference, Singapore
  • "Recent Developments in Maritime Boundary Delimitations: reflections on certain aspects of recent UNCLOS cases," Collected Papers, UN Advisory Board on the Law of the Sea
  • "The UNCITRAL Arbitration Rules and Cross-Claims," 2006 UNCITRAL - KLRCA Conference on the Occasion of 30 Years of the UNCITRAL Arbitration Rules, Kuala Lumpur
  • "Maritime Boundaries and Limits: Some Basic Legal Principles", presentation and published paper in proceedings of ABLOS Conference, Monaco
  • "Nationality and Investment Treaty Claims," 2006 BIICL ITF Conference, London
  • "Bilateral Investment Treaties and Investment Protection: the legal issues in Asia", Royal Institute of International Affairs, London
  • "Investment Treaty Arbitration and Environmental Regulation in Latin America," ABA Section of International Law conference, Miami
  • "A Brief Practitioner's View of Foreign Investment and International Environmental Standards: the Developing Custom of Non-State Practice" International Investments and Protection of the Environment: the role of dispute resolution mechanisms, The International Bureau of the Permanent Court of Arbitration
  • "Mechanics of Transboundary Disputes, International Boundary Disputes in Oil and Gas," IQPC, London
  • "Bilateral Investment Treaty Arbitration and Overseas Investment," 2006 IBA Annual Conference, Chicago

 

London Office

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London EC2M 3XF
United Kingdom
+44.20.7710.1090 Phone
+44.20.7374.4460 Fax

Paris Office

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75007 Paris
France
+33.1.4062.2119 Phone
+33.1.4062.2062 Fax

robert.volterra@lw.com
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