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Ms Norah Gallagher, BCL, Dip European Law, LLM (Dublin) MA (Padua)

Norah

Senior Lecturer

Email: n.gallagher@qmul.ac.uk

Profile

Norah Gallagher is the Academic Director of the new Energy and Natural Resources Law Institute at the Centre for Commercial Law Studies. Norah is a public international lawyer who has specialised in international dispute resolution, in particular investment disputes. Norah was Director of the Investment Treaty Forum at the British Institute of International and Comparative Law from December 2007 before moving to Singapore in 2010. Before joining the British Institute, she worked in the International Arbitration Group of Herbert Smith LLP where she advised on a wide range of issues relating to international arbitration (under all of the main institutional rules; ICC, LCIA, AAA ICDR, Stockholm and ICSID) from drafting valid arbitration agreements (including bifurcated, multi-tiered and multiparty arrangements) procedural issues, interim relief to enforcement of awards. Norah has worked as assistant to the tribunal in both international commercial and investment cases and now also acts as arbitrator (with particular focus on energy disputes). Previously, she was a Research Fellow of the Lauterpacht Research Centre for International Law, University of Cambridge for several years working exclusively on international dispute resolution, including off shore petroleum disputes, land and maritime boundary disputes, investment disputes under NAFTA, bilateral investment treaties the Energy Charter Treaty and conciliation under the Organisation of American States. Norah has taught the International Trade and Investment Dispute Settlement course at Queen Mary University of London for almost ten years, was Adjunct Research Associate Professor at the Centre for International Law, National University of Singapore (2010-2011) and is Adjunct Professor at Xi'an Jiaotong University, China.

Work Experience

  • Assistant to the tribunal in a number of investment and ICSID arbitrations, in particular concerning expropriation and acts tantamount to expropriation.
  • Preliminary advice on the possibility of relying on the Energy Charter Treaty to a potential investor-state dispute with a CIS State. Considering the inter-state dispute resolution provisions and their implications if an investor could persuade a state to initiate such a claim.
  • Co-arbitrator in an LCIA arbitration involving a dispute over sums payable under a management consultancy agreement between an Australian firm and a Russian mining company.
  • Co-arbitrator in an LCIA arbitration between two Singaporean energy companies over a dispute under a Standard Coal Trading Agreement.
  • Advising a number of governments in relation to their land and maritime boundary disputes, dispute resolution options available to them, researching and preparing preliminary draft reports on the legal issues for their consideration.
  • Advising on particular aspects of international arbitration (both ad hoc and institutional) from enforcement considerations, possibility of a successful challenge of an award to pathological clauses.
  • Advising the Government of Pakistan on the jurisdictional phase of the Aerial Incident of 10 August 1999 (Pakistan v. India) before the International Court of Justice in March 2000.

Education

  • BCL (University of Dublin)
  • Diploma In European Law (University of Dublin)
  • LLM Comparative European Law (University of Dublin)
  • MA International Law and Human Rights (University of Padua, Italy)
  • Admitted as a Solicitor in Ireland and England

Postgraduate Teaching

  • QLLM152 International Energy Transactions

Research

Publications

Publications

  • China’s BIT’s and Arbitration Practice: Progress and Problems (PENDING Brill, Spring 2014)
  • ICSID Arbitration: A practitioner's guide to form and procedures (Kluwer, PENDING Co-authors Loukas Mistelis and Silvina Gonzalez Napolitano)
  • Chinese Model BIT: A Commentary (Co-author Wenhua Shan) in C Brown & D Krishan (Eds) Commentaries on Selected Model International Investment Agreements (OUP, January 2013)
  • National Treatment for Foreign Investment in China: A Changing Landscape ICSID Review (2012) 27(1):120-144 (Co-author Wenhua Shan and Sheng Zhang)
  • Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty (ed) G Coop (Juris, Autumn 2011)
  • Is there a Rule of Law in Investment Treaty Arbitration? 50th Anniversary of the British Institute of International and Comparative Law (BIICL, November 2010)
  • Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty (World Arbitration Reporter, Juris, April 2010)
  • Chinese Investment Treaties: Law Policy and Practice (Co-author Wenhua Shan, OUP, 2009)
  • Arbitration in the United Kingdom in Getting the Deal Through - Arbitration 2007, (Global Arbitration Review, May 2007) (co-author Larry Shore)
  • The Requirement for Substantive Nationality BIICL Investment Treaty Forum Series 2005 (BIICL, Summer 2007)
  • Impartiality of Arbitrators – English and Irish Law Contrasted (co-author Gearoid Carey)[2006] Int ALR
  • Interest on arbitral Awards: English and Irish Law compared (co-authors Laurence Shore Gearoid Carey) 13 (4) Commercial Law Practitioner April 2006 (Roundhall Press)
  • Parallel Proceedings: res judicata and lis pendens in Contemporary Problems in International Arbitration, Lew & Mistelis (Eds) (Kluwer,2006)
  • Bilateral Investment Treaties: Options and Drawbacks (co-author, Laurence Shore) [2004] Int ALR 49
  • Extension of the Principle of Confidentiality in arbitration by the English Courts (Herbert Smith, client briefing 2004)
  • Legal Privilege in International Arbitration 6(2) [2003] Int ALR 45
  • Human Rights and Arbitration (Herbert Smith, client briefing, 2003)
  • Border Patrols: Cross-Border Investment (Co-author Alex Escobar) (The Lawyer, November 2002)
  • European Energy Charter: Dispute Resolution Provisions [Energy Exchange, 2002]

Public Engagement

  • Norah is a member of the School of International Arbitration
  • Norah is the academic director of the Energy and Natural Resources Law Institute
  • Norah was invited to speak at the “China And ICSID” International Workshop and Roundtable on International Investment Law and Arbitration 2012 to celebrate China's 20 years as an ICSID member from 25-30 June 2012, Xi'An, China.
    This event was sponsored by the Chinese Ministry of Education, State Administration of Foreign Experts Affairs and Xi’an Jiaotong University. It was organised by Xi’an Jiaotong University School of Law, Silk Road Institute for International and Comparative Law. The Secretary General of ICSID, Ms Meg Kinnear gave the opening address. There were also speakers from MOFCOM, the Chinese Permanent Mission to the WTO, national and international universities. Norah spoke on Chinese BITs and Arbitration Practice: Progress and Problems
  • Norah was invited to speak at the Business Dispute Resolution Forum Jointly Organised by MCCA and KLRCA in collaboration with AAA / ICDR and MIARB in June 2011 Kuala Lumpur, Malaysia.
    The event was predominantly aimed an in-house counsel, including energy companies, to discuss the merits of mediation as a dispute resolution option. Norah spoke on the Cost Benefits of Mediation.
  • Norah spoke at a Joint Conference with the CIL, Korean Society of International Law and the Society of International Law Singapore on 20 April 2011.
    The conference on Regional Cooperation: Looking Back and Moving Forward covered many interesting areas of  interest in South East Asia including ship source pollution, extending claims to the continental shelf in the South China Sea and the International Court of Justice case relating to Pedra Branca. Norah spoke on ASEAN Investment Agreements: Aim and Future Direction.
  • Norah was invited by UNCTAD to attend the World Investment Forum (WIF) event held in Xiamen from 6-9 September 2010
    This WIF event was attended by 9 heads of State, 4 heads of international organizations, 79 ministerial-level officials, 116 senior business executives and more than 250 other senior representatives from the public and private sector. There was some interesting discussion on sustainable development and how to encourage investment in least developed  countries. It also considered investment by sovereign wealth funds and policy challenges for investment enterprises. There was also a very interesting workshop on investment treaty organised by UNCTAD and the World Bank Group which included some discussion on future changes to the international law relating to foreign investment and concerns of some contracting states on how the treaties are being interpreted and applied.

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