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Professor Loukas Mistelis, LLB (Athens), MLE (magna cum laude), Dr Iuris (summa cum laude) (Hanover), MCIArb, Advocate (Athens Bar)

Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration

email: l.mistelis@qmul.ac.uk
Tel: +44 (0)20 7882 8075

Profile

Loukas Mistelis

Loukas Mistelis is a member of the Centre for Commercial Law Studies (CCLS) where he is Director of the School of International Arbitration and the Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration. He is also co-ordinating the specialisations in International Commercial Law, Arbitration and Tax. He teaches at the LLM programme and is the co-ordinator of the courses in International and Comparative Commercial Arbitration and International Trade and Investment Dispute Settlement and also teaches on the International Commercial Law, International Commercial Litigation and ADR courses. Loukas Mistelis has also developed directs our Diploma in International Arbitration by Distance Learning, the Diploma in International Mediation (ADR) by Distance Learning and the Diploma in International Arbitration, which is offered by CCLS with accreditation from the Chartered Institute of Arbitrators.

Loukas was the Secretary of the CISG-AC (Advisory Council of the Convention on Contract for the International Sale of Goods) from 2001 to the end of 2007 and co-ordinator of the Queen Mary Case Translation Programme, part of the CISG Database (IALL Website Award 2002). He also co-directs the International Arbitration Case Law Project.

He studied law at Athens (LLB) Strasbourg (Certificate in International & Comparative Human Rights); Hanover (Magister Legum Europae and Dr. iuris) and Keio (Certificate in Japanese International Trade Law). He is a Member of the Athens Bar (since 1993). Besides English he is fluent in German and Greek, has good knowledge of French, and basic knowledge of Polish, Spanish and Russian. He has also participated in a number of experts groups, including for the UK Department of Trade and Industry, the International Chamber of Commerce, UNCITRAL and UNCTAD. He is also Visiting Professor, NYU in London (since 2006), Pepperdine University London programme (2008-2011); was a Visiting Scholar at Columbia University Law School (spring semester 2007), Visiting Fellow at NYU Law School (2012), Visiting Professor at Keio University, Tokyo (2008), LUISS, Rome (2009) and Catholic University of Portugal, Lisbon (2007 and 2009). He is also an Academic Member of the Investment Treaty Forum, British Institute of International and Comparative Law and of the Institute of Transnational Arbitration.

Loukas Mistelis is an acknowledged authority on international dispute resolution. He has been listed as one of the “leading lights in international arbitration”, 45 under 45, amongst the top 15 highlighted members of the list and is also listed on the Who’s Who Commercial Arbitration since 2007. His substantial arbitration experience covers ICC, ICSID, LCIA, UNCITRAL, SCC, Swiss Chambers and Moscow cases. Parties in these cases were from Bangladesh, Egypt, Switzerland, France, Germany, Malaysia, India, Lithuania, Russia, Afghanistan, Tajikistan, Canada, Nigeria, Ireland, Moldova, Ukraine, Korea, Czech Republic, Greece, France, Argentina, Turkey, Spain, UK, UAE and the United States. Subject matters included foreign direct investment, sales contracts, distribution agreements, counter-trade, mining, share purchase agreements, media contracts, administration of natural resources, oil and gas transactions.

Research

Research interests:

Loukas Mistelis' research focuses on international arbitration (in particular, the internationalisation and potential autonomy of commercial arbitration, investment arbitration and harmonisation of arbitration procedure), international commercial transactions (in particular, long-term contracts, international sales and trade finance), secured transactions, comparative law (in particular, legal transplants and the role of the judiciary), unification of private law, Central and Eastern European Law, and ADR. He has also an interest in foreign investment protection, energy and natural resources and BITs.

His research includes innovative empirical research into corporate attitudes towards dispute resolution, including:

He has recently taken over the editorship (with Laurence Shore) of the multi-volume World Arbitration Reporter – International Encyclopaedia of Arbitration Law and Practice (Juris) which launched with the first five volumes in March 2010 (and updates in October and December 2010 and in January 2011, February 2012 and summer 2012) and the Smit Arbitration Guides. He is member of the Editorial Board of Arbitration International, of Global Arbitration Review, the Journal of International Trade Law and Policy, the International Journal of Arab Arbitration, the Journal of International Dispute Settlement, the Review of Arbitration and Mediation (Canada) and General Editor of the Oxford International Arbitration Series as well as an editor for Investmentclaims.com.

Publications

Since 2001

Books

  • UN Convention on Contracts for the International Sale of Goods (CISG) Commentary (co-editor with Stefan Kröll and Pilar Perales Viscasillas and author), Beck – Hart – Nomos 2011, 1251 + LXIII pages.
  • International Arbitration and International Commercial Law: Synergy, Convergence and Evolution – Liber Amicorum Eric Bergsten (co-editor with Kröll, Perlaes Viscasillas and Rogers and author) Kluwer 2011.
  • World Arbitration Reporter (general co-editor with Laurence Shore), Juris, 2nd edition, 2011
  • Concise International Arbitration (general editor and author), Kluwer Law International, 2010 (1200 pages)
  • Arbitrability in International Arbitration (Co-editor with Stavros Brekoulakis, and author), Kluwer International, 2009 (408 pages)
  • Mandatory Rules of Law in International Arbitration (joint editor with George Bermann), 17(1-2) American Review of International Arbitration (2007); revised as book published by Juris in 2011 (340 pages)
  • Arbitration Insights (Co-editor with J. Lew), The Hague: Kluwer Law International, 2006, 536, ISBN 9041126066
  • Pervasive Problems in International Arbitration (Co-Editor with J. Lew), The Hague: Kluwer Law International, 2006, 391, ISBN: 904112450
  • Commercial Law: Perspectives and Practice (Co-editor with J. Lowry), London: LexisNexis Butterworths, 2006, 298, ISBN: 1405710071
  • Comparative International Commercial Arbitration (Co-author with D.M. Lew and S. Kroll), The Hague: Kluwer Law International, 2003, 952, ISBN: 9041115684
  • Foundations and Perspectives of International Trade Law (Co-editor with I. Fletcher and M. Cremona), London: Sweet & Maxwell, 2001, 567, ISBN: 0421741007

Journal Articles, Chapters in books

  • Arbitral Seats – Choices and Competition, in Kroell, Mistelis, Perales Viscasillas & Rogers (Eds), International Arbitration and International Commercial Law: Synergy, Convergence and Evolution, Kluwer 2011, 363-379
  • General Principles of Law and Transnational Rules in International Arbitration: An English Perspective, 5(2) World Arbitration and Mediation Review 201-230 (2011)
  • Mandatory Rules in International Arbitration: Too Much Too Early or Too Little Too Late?”, (updated) [chapter in book] in George Bermann and Loukas Mistelis (eds), Mandatory Rules of Law in International Arbitration, pp 291-308, Juris Publishing 2010 – 9781933833668
  • with Domenico Di Pietro, 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, in Mistelis (ed), Concise Arbitration. Kluwer 2010, pp. 1-32 [chapter in book]
  • with Julian Lew and Josephine Davies, “LCIA Rules”, in Frank-Bernd Weigand (ed.), Practitioner's Handbook on International Commercial Arbitration, 2nd edition, Oxford University Press 2009, ISBN 978-0-19-953486-9
  • The Settlement-Enforcement Dynamic in International Arbitration, 19(3-4) American Review of International Arbitration 377-390 (2008)
  • (with Baltag C), Denial of Benefits and Article 17 of the Energy Charter Treaty, 113(4) Penn State Law Review 101-122 (2009
  • CISG and Arbitration, in CISG Methodology, Editors: Janssen, A, Meyer, O, Sellier, pages 375-397 (2008)
  • Mandatory Rules in International Arbitration: Too Much Too Early or Too Little Too Late. American Review of International Arbitration vol. 18, 217-228 (2008).
  • Reality Test: Current State of Affairs in Theory and Practice Relating to "Lex Arbitri". American Review of International Arbitration, 155-181 (2008).
  • Recognition and Enforcement of Arbitral Awards and Settlement in International Arbitration. American Review of International Arbitration vol. 19, ((3-4)) 319-375.
  • (With Kritzer A, Monitneri C) . The Case and How it is Changing International Commercial Law. The Vis Book – A Participant’s Guide to the Willem C Vis International Commercial Arbitration Moot, Editors: Walker, J (2008)
  • The Scope of Application of CISG. International Sales Law – United Nations Convention on Contracts for the International Sale of Goods (CISG), Editors: Atamer, Y, Levha Publishers, 1-21, 2008
  • (With Baltag C) (2008) . Trends and Challenges in International Arbitration: Two Surveys of Inhouse Counsel of Major Corporations. WAMR – World Arbitration and Mediation Review vol. 5, (2) 83-110.
  • Reality Test: Current State of Affairs in Theory and Practice Relating to "Lex Arbitri", in Zivil- und Wirtschaftsrecht im Europäischen und Globalen Kontext / Private and Commercial Law in a European and Global Context - Festschrift für Norbert Horn zum 70. Geburtstag 1005 (K.P. Berger, G. Borges, H. Herrmann, A. Schlüter and U. Wackerbarth, eds., 2006), ISBN 978-3-89949-242-2
  • Arbitration Insights: Evolution and Themes, in Arbitration Insights 1 (L. Mistelis and J.D.M. Lew eds., Kluwer, 2006)
  • Workshop on Research, Teaching and Training in International Arbitration: An Introduction [2006] 22 Arbitration International 243-247, ISSN: 0957-0411
  • Confidentiality and Third Party Participation in Investment Arbitration [2005] 21(2) Arbitration International 205-225, ISSN: 09570411 and in T. Weiler (Editor) International Investment Law and Arbitration: Leading Cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law, London: Cameron May: London, 2005, 169-199, ISBN: 1905017073
  • International Arbitration: Corporate Attitudes and Practices [2004] 15 American Review of International Arbitration 525-593, ISSN: 1050-4109
  • UNIDROIT Principles Applied as "Most Appropriate Rules of Law" in a Swedish Arbitral Award [2003] 8(3) Uniform Law Review 631-640, ISSN: 1124-3694
  • ADR in England and Wales: A Successful Case of Public Private Partnership, in N. Alexander (Editor), Global Trends in Mediation, Cologne: Centrale für Mediation, 2003, 137-178, ISBN: 3935098111
  • CISG-AC Publishes First Opinion [2003] 15 Pace International Law Review 453-456, ISSN: 0902-7351
  • Is Harmonisation a Necessary Evil? Use and Abuse of Comparative Law and the Future of Harmonisation, in I. Fletecher, L. Mistellis and M. Cremona (Editors), Foundations and Perspectives of International Trade Law, London: Sweet & Maxwell, 2001, 1-27, ISBN: 0421741007
  • ADR in England and Wales [2001] 12 American Review of International Arbitration 167-221, ISSN: 1050-4109
  • Taming the Dragons of Uniform Law: Sharing the reasoning of courts and arbitral awards (Co-author with A.H. Kritzer) [2001] 5(2) Vindobona Journal of International Commercial Law and Arbitration 282-309, ISSN: 1439-9741
  • Regulatory aspects: Globalisation, harmonisation, legal transplants and law reform - Preliminary remarks. Editors: Lastra, RM, vol. 18, 155-179.

Other Selected Publications

Charakterisierungen und Qualifikation im internationalen Privatrecht: Zur Lehre einer parteispezifischen Qualifikation im Kollisionsrecht der privaten Wirtschaft, Tubingen: Mohr Siebeck, 1999, 309, ISBN: 3161471229

PhD Supervision

Public engagement


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