LEON TRAKMAN

Currently living in Sydney, Australia, Leon Trakman has published 8 books and over 100 articles on contracts, investment, commercial law and international commercial arbitration.

FAIRNESS AND EFFICIENCY WORKING TOGETHER

THE IMPORTANCE OF LISTENING

NEWS

May 2018

Leon Trakman joins the NAFTA Roster of Panelists

Professor Leon Trakman was appointed in March 2018 to the Roster of Panelists under the NAFTA to decide Dumping, Countervailing and Injury disputes involving the Canadian, US and Mexican Governments.

Leon Trakman has extensive experience resolving disputes under the NAFTA. He is looking forward to providing his expertise in future Chapter 19 disputes.

_______________________________

April 2018

Latest arbitral appointments

Leon Trakman was appointed as the Presiding Arbitrator on a three-person Tribunal in an international commercial dispute involving a Chinese and a European international corporation under the rules of the Hong Kong International Commercial Arbitration Association.

Leon Trakman was appointed to decide three Intellectual Property disputes under the Rules of the World Intellectual Property Association. Leon Trakman’s profile may be found at the WIPO’s list of panelist.


_______________________________

April 2018

Leon Trakman is the Lead Chief Investigator under the prestigious Australian Research Council Grant (2014-2018)

Title of the study: "The fundamental importance of foreign direct investment to Australia in the 21st century: Reforming treaty and dispute resolution practice"

Study supervisors:  Leon Trakman; Prof Luke Nottage; Prof Jurgen Kurtz ; Dr Shiro Armstrong

Media release:
The overriding aim of our study has been to promote a positive climate for trade and investment inflows and outflows, while maintaining Australia's ability to make sovereign decisions on public policy grounds. In achieving this aim, we have examined the pivotal need to strike an economically and socially sustainable balance between attracting investors and protecting domestic markets, employees and consumers. We have highlighted functional ways in which Australia can present itself as an attractive investment destination, while giving our exporters confidence to invest in key foreign jurisdictions. We have sought to strike a balance between the public interest in national security, public health and environmental protection, and the public interest in economic development through foreign investment.
We have engaged widely with state officials in regulating foreign investment, domestic and foreign investors, and public interest groups, and with economists, political scientists, sociologists and lawyers. We have intensively assessed investment treaty negotiating and drafting practices, including states experimenting with different investment models, regulatory strategies, treaty negotiating and drafting practices. We have scrutinized past, current and prospective future investment disputes and carefully assessed efficient and fair methods of resolving them.

We have presented papers. authored working papers, book chapters and articles in professional and academic journals internationally. These works are ongoing.


_______________________________

November 2017

Leon Trakman served as the workshop convener and presenter during the 2017 workshop on Dispute Resolution in the Digital Economy

The event was hosted by the John Hopkins University Center for Transatlantic Relations

_______________________________

November 2016

Leon Trakman's analysis of Donald Trump's pledge to withdraw from the TPP is featured in the Official Blog of the International Law Association (Australian Branch)

According to Leon Trakman, "President-elect Trump’s announcement is unlikely to throw transpacific economies into turmoil, not only because his position was fully expected, but because the perceived benefit of the TPP for regional trade has been hotly debated and denounced by various labour, environmental, health and consumer lobby groups, among others, from its inception". However, the announcement has strategic importance as it reflects a new US government policy which prioritizes bilateral trade agreements instead of focusing on large trade deals. The merits of this policy shift are discussed here.



________________________________

August 2016

Leon Trakman served as the facilitator during the 2016 Workshop on the Digital Economy in the Age of the TPP at the 2016 APRU Digital Economy Summer Seminar

The APRU Digital Economy workshop report concludes that the benefits of TPP for SMEs are compelling. Once implemented, the agreement will open up access to nearly 40 percent of global trade while the provisions on fair use will provide new opportunities for designers and artists. Significantly, TPP helps change the conversation on the Digital Economy from restriction to the setting of rules and principles on what must remain open. This is particularly crucial for the diffusion of cloud computing.

The workshop was hosted by the Asia Pacific Institute for the Digital Economy at the Keio University in Japan.

________________________________



March 2016

Leon Trakman is appointed as the Director of the Master of Law in Dispute Resolution at the University of New South Wales

As of January 2016, Leon Trakman is leading the LLM Program in Dispute Resolution (arbitration and mediation) at the University of New South Wales. As the Director of the Program, Leon Trakman will focus on creating the appropriate curriculum to train the next generation of arbitrators and mediators.

The center has enjoyed great success in its work. Last month, UNSW team coached by the center was named best in the world at the International Chamber of Commerce’s (ICC) International Commercial Mediation Competition, winning the grand final in Paris.



_______________________________

February 2016

Latest Arbitral Appointments (2014-2016)

Between 2014 and 2016 Professor Leon Trakman presided over a number of high profile commercial disputes. The summary of these cases is provided below. For a complete list of arbitral appointment, please refer to this webpage.

International Distributorship Dispute
Appointment: Hong Kong International Arbitration Centre (HKIAC)
Role: Chair of the tribunal (3 arbitrators)
Subject matter: Dispute over international supply contract. The claim exceeds USD100 million
Applicable law: European Civil Law
Site: Hong Kong, People’s Republic of China
NOTE: A major dispute with significant claims for damages. Served as the presiding arbitrator on a tribunal of three arbitrators

Two World Intellectual Property Disputes
Appointment: International Centre for Dispute Resolution (ICDR)
Role: Sole Panelist (IP) and Co-Arbitrator (domain names)
Subject matter: Domain names and other IP matters
Applicable law: ICCAN Rules
Site: Geneva
NOTE: Decision rendered in July 2015

Four Financial Services Disputes
Appointment: International Centre for Dispute Resolution (ICDR)
Role: Arbitrator
Subject matter: Financial services
Applicable Law: United States State Law
Site: Singapore
NOTE: Decisions rendered in 2014 and 2015

_______________________________

December 2015

We are pleased to announce that Prof. Leon Trakman has joined the roster of arbitrators at the The Shenzhen Court of International Arbitration.

The Shenzhen Court of International Arbitration is among the oldest arbitration centers in China. It provides world class facilities and strives to become the key arbitration center in the Chinese speaking world.

Leon Trakman is looking forward to working with clients operating in the Asia-Pacific region.






_______________________________

December 2014

Reforming Dispute Resolution Practice in the 21st Century

The Australian Center for International Commercial Arbitration publishes the summary of a major collaborative research project undertaken by Leon Trakman, Shiro Armstrong, Jürgen Kurtz and Luke Nottage on the future foreign direct investment regulatory framework of Australia, and in particular, its approaches to investor-state arbitration.

The full report is available at the Australian Center for International Commercial Arbitration.

_______________________________

November 2014

Leon Trakman Joins The Pakistan Center for International and Commercial Arbitration Global Board of Advisors 

The Center for International and Commercial Arbitration was established in Pakistan as a response to Pakistan's growing involvement in arbitral proceedings in various international arbitral tribunals. It is tasked with improving local capacity to understand and engage with international tribunals.
_______________________________

November 2014

Leon Trakman’s Latest Book is Now Available on Amazon

Leon Trakman’s latest book published by Oxford and titled Regionalism in International Investment Law, co-edited with Nicola Ranieri, is now available on Amazon.













_______________________________

February 2012

Australia's Rejection of Investor-State Arbitration

International Economic Law and Policy Blog has coverage of Leon Trakman’s article on Australia’s rejection of investor-state arbitration (ISA). Will Australia’s rejection of ISA set new trends in investor-state dispute resolution?

For more on the story follow the link to the International Economic Law and Policy Blog.

_______________________________


February 2012

China and Investor-State Arbitration

Writing in the UNSW Center for Law, Markets and Regulation Blog, Leon Trakman analyzes China’s growing interest in the investor-state arbitration.

For the full article, please visit the UNSW Center for Law, Markets and Regulation.

_______________________________

January 2012

Future of Australia's Investment Regulation

An interview with Leon Trakman on Australia’s controversial new investment policy, reported on the front page in the Legal Section of the Australian. Concerned about Australia’s current stance on investor-state arbitration (ISA), Leon Trakman stated that "Australian investors abroad probably will suffer, those hardest by this would be small to medium-sized companies". For more on this story, head over to the Australian.

_______________________________


June 2009

Applicability of Contract Law in Cyberspace

Legal Theory Blog posted a summary of Leon Trakman’s discussion on the applicability of contract law in cyberspace. For more on the discussion visit the Legal Theory Blog.

_______________________________

 
MEMBERSHIPS AND BAR ASSOCIATIONS