Professor Stavros Brekoulakis, LLB (Athens) LLM (London) PhD (London)
Professor of International Arbitration and Commercial Law
Email: firstname.lastname@example.orgTelephone: +44 (0)20 7882 8215Room Number: Lincoln's Inn Fields
- Professor Stavros Brekoulakis' academic CV [PDF 90KB]
- Professor Stavros Brekoulakis' arbitration CV [PDF 228KB].
Stavros Brekoulakis is a Professor in International Arbitration and Commercial Law at Queen Mary University of London, as well as an attorney-at-law. He teaches courses in International Commercial Arbitration, International Construction Contracts and Arbitration, International Commercial Litigation and Conflict of Laws, International Commercial Law. His academic work includes the leading monograph on Third Parties in International Commercial Arbitration (OUP 2010), the book Arbitrability: International and Comparative Perspectives (Kluwer 2009) and numerous publications in leading legal journals and reviews. He is currently writing (with Audley Sheppard) a book on Public Policy and Mandatory Rules in International Arbitration: a Common Law Perspective (OUP 2016). He is the Director of the Institute for Regulation and Ethics at Queen Mary, and the Co-Chair (with Professor Rusty Park and Professor Catherine Rogers) of the ICCA-Queen Mary Task Force on Third-Party Funding, a member of the ICC Task Force on Emergency Arbitrator Proceedings and General Editor of the Journal of International Dispute Settlement.
Brekoulakis has been involved in international arbitration for more than 17 years as counsel, arbitrator and expert. Having practiced commercial law, arbitration and litigation as an in-house counsel and private practitioner, he currently serves as arbitrator and expert. He is listed in the Who’s Who Legal: Arbitration and the Who’s Who: Arbitration—Future Leader 2017 and was nominated as the “Best Prepared and Most Responsive Arbitrator” Award of the Global Arbitration Review in 2016. Brekoulakis has been appointed in more than 25 arbitrations, as chairman, sole arbitrator, co-arbitrator and emergency arbitrator under the rules of the London Court of International Arbitration, the International Chamber of Commerce, the Stockholm Chamber of Commerce, the Danish Institute of Arbitration, the Court of Arbitration for Sports (CAS) as well as in ad hoc arbitrations under the UNCITRAL Arbitration Rules. His professional expertise focuses on arbitrations in the context of international business and trade transactions, including construction projects, sales of goods, shareholders’ and distribution agreements, IP contracts, shipping and insurance contracts, financial transactions as well as sports disputes.
He holds an LLB degree from the National University of Athens, an LLM degree in International Business Law from King’s College London and a PhD degree in Arbitration and Conflict of Laws from Queen Mary University of London (QMUL).
Brekoulakis has been included in the QMUL submission for both REF 2008 and REF 2014 on the basis of recommendations from a number of dry runs and external reviews of his work.
His research focuses on a wide range of international arbitration and private international law topics including the role and relevance of third parties in arbitration, public policy, public interest and mandatory rules, decision-making and legal reasoning in private and public justice, arbitration and the rule of law, constitutional aspects of arbitration, third-party funding, procedural justice and international arbitration, value diversity in international arbitration, arbitrability and scope of jurisdiction of private tribunals.
His current research projects evolve around the following areas:
- Policies, Public Policy and Public Interest in law
- Consent, Third Parties and Non-Signatories in International Arbitration
- Legal Reasoning, Decision Making and Impartiality
- Third Party Funding
- General Arbitration Scholarship.
Brekoulakis is currently leading a major interdisciplinary research project on Impartiality in Investor State Dispute Settlement (ISDS). This is a three-year research project which employs a mix-empirical methodology (questionnaires, interviews, surveys) aimed at investigating accusations of lack of impartiality in ISDS. The primary academic outputs of the project will be a jointly authored monograph and at least four journal articles submitted to high-ranking journals. Papers on the interim and final research findings will be presented at two workshops and a final conference, and be published in an edited volume, including papers from the academics presented at the workshops and conference.
Publications within the REF 2021 period (for more publications, including from previous REF periods see academic CV under the Profile tab)
- (To be considered for inclusion as part of the REF 2021 submission) Book, Policies, including Public Policy in English Arbitration Law (OUP forthcoming 2018). The book provides a doctrinal account and critical assessment of the policies, including public policy, underpinning English arbitration law.
- Edited Book, The Evolution and Future of International Arbitration (Kluwer 2016) 520 pages which includes contributions from all major arbitration scholars and practitioners, as well as distinguished judges, including the UK SC President Lord Neuberger. The book offers an account of the remarkable evolution of international arbitration as an academic subject and as a distinct field of practice.
- Textbook, on International Construction Contracts and Arbitration (Global Arbitration Review 2017). This is the only textbook that offers a detailed discussion and commentary on both substantive aspects of international construction contracts and the dispute resolution methods typically available in such contracts.
- Textbook, International Arbitration Law and Theory (Hart forthcoming). Unlike most existing textbooks on the subject which tend to be practically oriented and aim to inform students as well as practitioners, this is the first textbook to take a theoretical approach international arbitration law.
- Report of the ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration (ICCA fothcoming 2018). A comprehensive study on legal issues surrounding Thrd-Party Funding in international arbitration (a draft can be assessed here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3037668.
Articles in referred journals
- (To be considered for inclusion as part of the REF 2021 submission), Sole author, “Rethinking Consent in International Commercial Arbitration: A General Theory on Non-Signatories”, JOURNAL OF INTERNATIONAL DISPUTE SETTLEMENT,1(8) (2018) 1-34. The article is concerned with the role and relevance of non-signatories in international commercial arbitration. The article challenges the efficacy and coherence of the existing arbitration law in this area, and questions whether the traditional concept of consent for arbitration can be reconciled with complex commercial reality and nonsignatories today. Instead, the article submits that a general theory on non-signatories is needed, and proposes that the theoretical basis for finding that non-signatories have rights or obligations in arbitration be shifted from the concept of consent to the concept of dispute. Dry run assessments so far have rated this article 4*.
- (To be considered for inclusion as part of the REF 2021 submission) First Co-author, “Public-Private Arbitration and the Public Interest under English Arbitration” Law, MODERN LAW REVIEW, 80(1) (2017) 22-56. The article explores the public interest implications which may arise in arbitrations involving public entities. It argues that, due to the lack of a developed administrative law sphere in England and the historical development of arbitration as an exclusively private mode of dispute resolution, the current legal framework of arbitration in England has developed around the private law paradigm of a commercial dispute involving private actors, which cannot adequately account and protect the public interest. To that effect, the article submits an original proposal for the amendment of English arbitration law. Dry run assessments so far have rated this article 4*.
- (To be considered for inclusion as part of the REF 2021 submission) Sole author, “The concept of public policy and judicial function in English law: The potentially far-reaching effects of the supreme court decision in Patel v Mirza”. The article has been submitted for publication to a leading UK law review. Taking a historical and doctrinal approach, the article aims to first, clarify the concept of public policy in English law and the appropriate limits of judicial function, and secondly, to critique the majority decision of the SC in the Patel Dry run assessments so far have rated this article 4*.
- (To be considered for inclusion as part of the REF 2021 submission) “Transnational Public Policy in International Arbitration.” The article has been submitted for publication to a leading UK law review. The article examines the legal function of transnational public policy. It challenges the predominant view in scholarship and in arbitral case law that transnational public policy is a fluid concept that accords arbitrators wide discretion to decide on the basis of non legal standards such as “morals,” “values” or “principles of universal justice”. By contrast, it is suggested, transnational public policy is a legal doctrine which cannot include anything other than legal norms, in the form of either legal rules or legal principles. Dry run assessments so far have rated this article as 3* and 4*.
- (To be considered for inclusion as part of the REF 2021 submission). The Evolution of the Policy in English Law Favouring Arbitration”. The article is currently being finalised and will be soon submitted for publication to a leading UK law review. The article provides a historical account of the development of a clear policy in English law favouring the resolution of commercial disputes by private arbitration.
Public Policy and Public Interest
- Article, “Public-Private Arbitration and the Public Interest under English Law”, with Margaret Devaney, Modern Law Review (forthcoming 2017)
- Book, Policies, including Public Interest in English Arbitration Law, co-author (Oxford University Press forthcoming 2017)
- Chapter, “Transnational Public Policy in International Arbitration”, in Ortino & Schultz, Oxford Handbook in International Arbitration (Oxford University Press forthcoming 2017)
Consent, third Parties and non-signatories in international arbitration
- Monograph, Third Parties in International Commercial Arbitration (Oxford University Press 2011)
- Article, “Rethinking the Concept of Consent in International Commercial Arbitration: A New Theory on Non-Signatories”, Journal of International Dispute Settlement (forthcoming 2017)
- Chapter, “The Various Features of Consent in Arbitration” in Bjorklund, Ferrari and Kroll, Cambridge Compendium of International Commercial and Investment Arbitration (Cambridge University Press forthcoming 2017)
- Article, “The Relevance Of The Interests Of the Third Parties In Arbitration: Taking A Closer Look At The Elephant In The Room”, 113 Penn State Law Review, (Summer 2009) pp. 1165-1187
- Article, “The Effect of an Arbitral Award and Third Parties in International Arbitration: Res Judicata Revisited”, (2005) 16(1), American Review of Int’l. Arbitration (Columbia University) pp177-209.
Third, Legal Reasoning, Decision Making and Impartiality
- “Systemic Bias and the Institution of International Arbitration: A new Approach to Arbitral Decision-Making”, Journal of International Dispute Settlement, 4(3) pp. 553-585 (2013) (winner of the 2013 Park Prize for the best article in the Journal for International Dispute Settlement) (with link:)
- “Impartiality In International Dispute Settlement”, a major cross-disciplinary mixed method research project (applied for a UK Research Council major research grant)
- Major conference on Arbitration and Legal Reasoning, London (November 2016).
Third Party Funding
- ICCA-QMUL Task Force Report on Third Party Funding, co-author with Rusty Park and Catherine Rogers (forthcoming 2017)
- Article, “It’s All About the Money: The Impact of Third-Party Funding on Costs Awards and Security for Costs in International Arbitration”, with Jonas von Goeler (Austrian Yearbook for International Arbitration forthcoming 2017)
General Arbitration Scholarship
- Book, “The Evolution and Future of International Arbitration” co-author and co-editor (Kluwer 2016)
- Book “Arbitrability: International and Comparative Perspectives”, co-author and co-editor (Kluwer 2009)
- Article, “International Arbitration Scholarship and the Concept of Arbitration Law”, 36 Fordham Journal of International Law, 36(4) pp. 745-787 (2013)
- Chapter “The Role of Private Arbitral Tribunals in State Reform: Can we Trust Private Justice?” in G. Dimitropoulos, A Gromitsaris & Martin Schulte eds State Reform for a Better Europe (Duncher & Humblot Berlin 2016)
- Chapter, “Conflict of Jurisdictions in Arbitration: the (diminishing) relevance of the Lex Loci Arbitri”, in F. Ferrari and S. Kroell (eds), Conflict of Laws and Arbitration, (Sellier 2010)
- Article, “The Negative Effect of Competence-Competence: The Verdict has to be Negative”, Austrian Arbitration Yearbook (2009), pp. 237-258 SSRN
- Chapter, “On Arbitrability: Persisting Misconceptions and New Areas of Concern” essay in edited collection, Arbitrability: International and Comparative Perspectives, (Kluwer 2009) pp.19-45
- Chapter, “Law Applicable to Arbitrability: Revisiting the Revisited lex fori”, essay in edited collection, Arbitrability: International and Comparative Perspectives, (Kluwer 2009) pp.101-121
- Article, “Enforcement of Foreign Arbitral Awards: Observations on the Efficiency of the Current System and the Gradual Development of Alternative Means of Enforcement”, 19 (3-4) American Review of International Arbitration (Columbia University) (2008), pp. 415-446. (with link: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2326368)
- Article, “The Notion of Superiority of Arbitration Agreements over Jurisdiction Agreements: Time to Abandon It” (2007) 24(4) J. Int’l Arb. (pp341–363)
Current PhD students
- Ahmed El Far: Abuse of Process in International Arbitration
- Bihter Kayzat Eker: The Modern Role of the 1958 New York Convention.
- Member of the School of International Arbitration
- Member of the Centre for Law and Society in a Global Context (CLSGC)
- Member of the Energy and Natural Resources Law Institute
- Co-director of the Institute for Regulation and Ethics.
- QMUL and White and Case launch international arbitration survey
12 October 2017
- Professor Brekoulakis and Professor Mistelis speaks at 2016 Annual EFILA Conference
16 February 2016
- Professor Stavros Brekoulakis to deliver the Key-Note Speech at a conference on Arbitration and EU Law
16 February 2016
- Report on Costs and Security for Costs prepared by the ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration
1 February 2016
- Professor Stavros Brekoulakis speaks at VAD 2016 Conference in Vienna
26 January 2016
- UK Supreme Court Decisions on Private and Commercial Law: The Role of Public Policy and Public Interest
10 December 2015
- Professor Stavros Brekoulakis co-chairs the ICCA-Queen Mary Third Party Funding Task Force Meeting
2 December 2015
- Professor Stavros Brekoulakis speaks at Non-Signatories at the GAR Live Conference in Paris
20 November 2015
- Professor Stavros Brekoulakis speaks at ICC conference in Athens
13 November 2015
- Professor Brekoulakis appointed to the Organising Committee of the International Arbitration Ball
14 October 2015
- Professor Brekoulakis listed in the 2016 'Who’s Who Legal in International Arbitration'
13 October 2015
- Professor Brekoulakis appointed as General Editor of the leading academic 'Journal of International Dispute Settlement'
13 October 2015
- Professor Brekoulakis speaks at the Pluricourts’ project Empirical perspectives on the legitimacy of international investment tribunals
28 August 2015
- Professor Stavros Brekoulakis speaks at International Bar Association Regional Conference 'Costs in International Arbitration' in Munich 18-19 June
22 June 2015
- Professor Stavros Brekoulakis invited to speak at an ICC conference on Multi-Party Arbitration, Istanbul
2 March 2015
- Professor Stavros Brekoulakis commissioned by PricewaterhouseCoopers to work on Alternative Dispute Resolution policies in the Emirates
27 February 2015
- Professor Stavros Brekoulakis to co-convene conference on 'The Evolution of European Private International Law'
17 November 2014
- Professor Stavros Brekoulakis to present at the Lex Mercatoria Publica Workshop: 'The (Comparative) Constitutional Law of Private-Public Arbitration'
13 November 2014
- Professor Stavros Brekoulakis part of a panel at The London Roundtable on Transnational Private Law Theory
3 November 2014
- Professor Stavros Brekoulakis to speak at 2014 CETA conference
7 October 2014
- Professor Stavros Brekoulakis organises a major event on 'The Future of Ethics in International Arbitration'
15 September 2014
- Professor Stavros Brekoulakis wins award for his article in leading International Arbitration Journal
7 March 2014
- Professor Stavros Brekoulakis appointed Rapporteur for the ICCA-QMUL Task force on Third-Party Funding in International Arbitration
16 September 2013
- Global survey opens up closed doors of international arbitration
3 October 2012