William Kirtley, International Arbitration Lawyer
International arbitration lawyer William Kirtley, Managing Partner of Aceris Law, is a Franco-American Harvard-, Columbia- and Sorbonne-educated lawyer with over two decades of experience focusing on international commercial arbitration, investor-State arbitration and international construction arbitration at the highest level. He has served as counsel or arbitrator in over 200 international arbitrations, including in some of the largest international arbitrations in history.
He is a member of the New York Bar, the Washington, D.C. Bar, and an inactive French Avocat à la Cour. He has served as lead counsel or arbitrator in disputes on five continents, under the UNCITRAL, ICC, ICSID, SCC, LCIA, ICDR, SIAC, DIAC, HKIAC, DIFC-LCIA, Swiss Rules, JAMS, AAA, LMAA, CICA, MIAC, AFA, LCAM and many other arbitration rules. He has also served as a legal expert on issues of public international law and as counsel in a variety of negotiations and formal mediations. He has been highly ranked by the Legal 500, Who’s Who Legal (WWL), Leader’s League and many other prestigious rankings in the field of international arbitration over his career.
Previously a Partner at a well-regarded Paris arbitration boutique, he was a member of the international arbitration practice groups of Shearman & Sterling LLP and Salans (now Dentons), after serving as an American Peace Corps Volunteer for two years in the Ivory Coast and working at the United Nations International Criminal Tribunal for Rwanda. He has authored numerous academic articles concerning international arbitration in leading journals. He is a member of the International Arbitration Institute, regularly speaks on international dispute resolution topics, has taught at the Universities of Paris X and Paris II – Assas-Panthéon and has served as an expert for the World Bank on ADR legislation.
Named Who’s Who in the field of international arbitration, as well as the “Best of the Best“, clients call him a “great international arbitration lawyer” who is “incredibly smart”, “highly reliable, dynamic, loyal and committed to his clients”, “fair and transparent” and “a lawyer who will seek one hundred percent to guard the interests of his client”. They also call him “hard-working and highly responsive” with “depth of knowledge and experience in international dispute resolution” and “an unstoppable work ethic”. They also cite his “excellent understanding of international arbitration case law and strategy” while noting that he is “very easy and pleasant to work with”, “refuses to overcharge clients” and “never abandons a case halfway, no matter how hard a case can be”.
Professional
experiences
Aceris Law – Managing Partner
Managing Partner at the arbitration boutique Aceris Law, focusing on commercial, investment and construction arbitrations, as well as public international law disputes. Has served as lead counsel for both Claimants and Respondents in ICC, LCIA, ICSID, SCC, UNCITRAL, SIAC, ICDR, JAMS, SCC and other ad hoc arbitrations, for both private clients and State entities, under public international law, English law, Swiss law, French law, Turkish law, United Arab Emirates law, Moldovan law, Singapore law, Malaysian law, Mexican law, Mauritanian law, various American laws (including the laws of California, New York, Texas and Washington), Canadian law, Saudi Arabian law, Liberian law, Spanish law, Brazilian law, Angolan law, OHADA law, German law, Hong Kong law, Albanian law, Bulgarian law, Filipino law, Japanese law, Russian law, Uzbek law and Romanian law, amongst others. He has also served as arbitrator in disputes under the ICC, DIFC-LCIA, DIAC, UNCITRAL and other rules of arbitration.
DK AARPI – Partner
Partner at the international arbitration boutique law firm DK AARPI with a former partner from Shearman & Sterling. Served as international arbitration counsel in numerous ICC, ICSID, UNCITRAL and SIAC disputes involving the construction, internet advertising, the financial and steel industries. Also served as international arbitrator, as an expert for the World Bank Group with respect to arbitration-related civil procedure reform, while providing arbitration legal advice to a variety of other lawyers and clients in relation to ICSID, PCA, SIAC, DIAC, ad hoc and other international disputes.
Lazareff Le Bars – Of Counsel
International Arbitration Of Counsel at Lazareff Le Bars, a law firm founded by the well-known French arbitrator Serge Lazareff. Served as co-lead international arbitration lawyer in a variety of disputes, such as the first reported investment treaty arbitration against Belarus and an UNCITRAL dispute with a United Nations agency. International arbitration lawyer in ICC, ICSID, CCJA and UNCITRAL international arbitrations in multilingual (primarily English, French, Spanish and Russian) disputes involving the energy, construction, consulting, pharmaceutical, aerospace and defence, banking and finance, shipping and transport, telecommunications, agricultural and steel industries. Served clients ranging from individual investors to major multinational corporations in disputes under a variety of common law and civil law legal regimes, including English law, French law, Moroccan law, Italian law, Swiss law, Equatorial Guinean law, German law, Malian law, Romanian law, Burkina Faso law, Byelorussian law, Belgian law, Swiss law, Illinois law, and private and public international law.
Dentons (formerly Salans) – Senior Associate
International arbitration lawyer at law firm ranked, at the time, as the European Law Firm of the Year and the French Law Firm of the Year, and which was consistently one of the top-ranked international arbitration practice groups in Russia and the CIS. Notable cases included Rumeli Telekom A.S. and Telsim Mobil Telekomunikasyon Hizmetleri A.S. v. Republic of Kazakhstan, ICSID Case No. ARB/05/16, Joseph Charles Lemire v. Ukraine, ICSID Case No. ARB/06/18 and The Rompetrol Group N.V. v. Romania, ICSID Case No. ARB/06/3. Counsel in ICSID and UNCITRAL investment treaty arbitrations, ICC, AFA, CICA and other commercial, construction and investment arbitrations. Representative work included claim against Poland involving the expropriation of intellectual property rights, ad hoc arbitration concerning an airplane lease agreement with an Angolan company, ICC arbitration against an African State concerning a customs agency, an ICC arbitration regarding the construction of a sulfuric acid plant in Turkey and an ICC arbitration concerning the breach of a shareholders’ agreement involving the automotive logistics industry. Served as counsel in disputes involving Kazakh law, Turkish law, Ukrainian law, Maltese law, English law, Iranian law, Polish law, Romanian law, French law, various U.S. laws, and private and public international law.
Shearman & Sterling – Associate
Arbitration lawyer at Shearman & Sterling’s Global Dispute Resolution Practice in Paris, classified by Chambers Global as “world-renowned” and the winner of the “Best International Arbitration Practice” in France for many years. Served as arbitration lawyer at the outset of the long-running Hulley Enterprises Ltd. (Cyprus) v. Russian Federation UNCITRAL arbitration, as well as UNCITRAL arbitrations involving the energy industry, ICC construction disputes, an ad hoc dispute concerning a Chinese search engine, an ICC dispute concerning a joint venture for the development of gas turbines, an LCIA shipping dispute, a mining dispute concerning New Caledonia, a pre-arbitral referee proceeding, and various other international disputes involving French law, English law, Algerian law, Russian law, Chinese law, Canadian law and Australian law.
United Nations International Criminal Tribunal for Rwanda – Legal Consultant
Legal Consultant for Prosecutor’s Office. Based in unit prosecuting military commanders allegedly responsible for Rwandan genocide (Military I Unit), focusing on the prosecution of the successful case against Colonel Bagosora and two other senior Rwandan army officers.
United Nations Department of Political Affairs – U.N. Consultant
Drafted the Repertoire of the Practice of the Security Council, mandated by the General Assembly in 1952, which contains a constitutional and procedural guide to the proceedings of the U.N. Security Council.
American Peace Corps Côte d’Ivoire – Urban Environmental Management PCV
Worked in the rural Prefecture of M’bahiakro in the Ivory Coast for 27 months on behalf of the American Peace Corps, a U.S. State Department program. Implemented engineering projects in partnership with the U.S. Embassy, the French Embassy, UNAIDS and regional and municipal governments concerning urban renewal, waste management, infrastructure and irrigation systems, working in partnership with Ivorian public entities.
Recent international arbitration
legal experience
- Counsel in a multi-party ICC arbitration under English law for a Canadian client against a Saudi Arabian company, obtaining full damages while defeating USD 131 million in counterclaims.
- Counsel in a USD 254 million SCC arbitration under Uzbek law in the petrochemical sector, where essentially all claims against a publicly listed company were dismissed.
- Counsel in a multi-billion ICC arbitration under English law against a South American State, concerning the enforcement of a settlement agreement linked to unlawful detention and human rights violations.
- Arbitrator in significant UNCITRAL investor-State arbitration in the mining sector under the ASEAN–Australia–New Zealand FTA (PCA Case No. 2024-48).
- Counsel for French magnate and investor in ICSID arbitration against Kuwait in the media sector (Kiwan v. Kuwait, ICSID Case No. ARB/20/53).
- Counsel in an ICSID arbitration against Hungary concerning the waste management industry (MacKenzie v. Hungary, ICSID Case No. ARB/21/66).
- Counsel for successful Claimant in ICSID proceedings against Kazakhstan involving expropriation of a telecommunications company.
- Member of successful defense team for Turkey in a major ICSID arbitration.
- Counsel in ICSID proceedings against Tunisia concerning investments in the banking sector.
- Counsel in ICSID arbitration against a Central Asian State on behalf of a Turkish construction company.
- Counsel in arbitration under Nigerian law concerning a breach of a gas processing agreement, resolved in client’s favor.
- Counsel in LCIA arbitration under English law for a Chinese supplier dispute, with client awarded USD 28.7 million plus interest and costs.
- Counsel for West African Claimant in ICC arbitration under Swiss law concerning cement plant construction, obtaining both Partial and Final Awards and recovering 70% of all costs.
- Arbitrator in ICC arbitration under Turkish law concerning obligations of a Turkish manufacturer in bankruptcy protection.
- Counsel for Croatian Claimant in multi-million USD ICC arbitration under Swiss law against Italian Respondent concerning piping construction works.
- Represented Claimant in ICDR arbitration under New York law concerning blockchain investments, securing USD 35 million plus interest and all arbitration costs.
- Counsel in multi-million USD SIAC arbitration under Singapore law concerning construction of a desalination plant in Oman, with client recovering full damages and costs.
- Arbitrator in PCA Case No. 2024-48.
- Counsel in successful UNCITRAL investment treaty arbitration between Poland and a French pharmaceutical company concerning licensing of generic drugs.
- Counsel for a State in UNCITRAL arbitration under Angolan law, winning full damages and most costs in a World Bank-financed infrastructure project while defeating all counterclaims.
- Arbitrator in DIFC-LCIA arbitration under Saudi law involving a major Middle Eastern construction dispute.
- Legal expert in Canadian court proceedings on the prospects of success of a time-barred investor-State arbitration.
- Counsel in LCIA arbitration under Kenyan law for Austrian investor against East African State entity over smart card supply; all damages and costs recovered.
- Counsel in three consolidated SIAC arbitrations under Japanese law involving nine parties in a failed joint venture, successfully resolved for French client.
- Counsel in successful HKIAC arbitration under Hong Kong law concerning commodity sales between South American seller and Chinese buyer, including parallel litigation in China.
- Counsel for French Respondent in successful ICC Emergency Arbitrator proceedings brought by Italian company, and ensuing ICC arbitration under French law, concerning an intellectual property dispute in the engineered wood products industry.
- Counsel for Hong Kong company in ICC arbitration under Seychelles law concerning multimillion-dollar cryptocurrency losses due to technical failings, securing full victory and costs.
- Counsel for Claimant in LCIA arbitration under English law concerning cancellation of an offshore drilling contract, with damages for gas-well programme losses.
- Counsel for Turkish company in ICC arbitration against Chinese company under the CISG concerning a large sale of ductile iron pipes for an infrastructure project.
- Counsel to Kuwaiti company in KCAC arbitration under Kuwaiti law against Indian contractor in a USD 26 million construction dispute regarding delays and disruption.
- Counsel for subcontractor in multi-million USD ICC arbitration under Saudi law against Spanish contractor subsidiary, securing compensation.
- Counsel for Claimant in WIPO arbitration concerning music royalties from an online platform and related copyright infringement claims.
- Counsel in ICC arbitration under Russian law for an Eastern European contractor in a delay and penalties dispute with Italian counterpart, securing compensation.
- Counsel for Omani subcontractor in successfully resolved ICC arbitration concerning a large-scale energy infrastructure project in Oman.
- Counsel for Canadian Respondent in ICDR arbitration under Washington State law brought by a Delaware e-commerce company, successfully resolved.
- Counsel in amicably resolved investor-State arbitration concerning a property development in the South Caucasus.
- Counsel in UNCITRAL arbitration under Bosnian law (PCA-administered) concerning a wastewater treatment plant, successfully resolved.
- Counsel for Canadian company in ICDR arbitration under New York law against Japanese cosmetics firm regarding biotech collaboration.
- Counsel in LCIA arbitration under English law involving a USD 40+ million joint venture dispute in the West African oil & gas industry.
- Co-counsel in SCC arbitration on applicability of U.S. OFAC sanctions to oil & gas financial transactions.
- Arbitrator in PCA-administered arbitration between a UK company and an international organization regarding disclosure obligations.
- Counsel for Filipino Respondent in JAMS arbitration under California law concerning breach of a distribution agreement and related criminal proceedings.
- Counsel for Japanese company in two multi-million USD ICC arbitrations seated in Singapore against Bangladeshi company under Bangladeshi law, concerning joint venture disputes in the construction industry.
- Counsel for Respondents in ICDR arbitration under Texas law accused of statutory fraud in an airport expansion investment.
- Counsel for Mexican Claimant in ICC arbitration under Swiss law against German company regarding pre-contractual liability.
- Counsel for State-controlled entity in ICC arbitration under French law in the cement industry, obtaining EUR 26 million in compensation.
- Counsel for Respondents in successfully resolved ICDR arbitration under New York law concerning breach of a funding agreement and extension of the arbitration agreement to non-signatories.
- Presiding arbitrator in ad hoc arbitration under Egyptian law concerning construction dispute.
- Counsel in ICC arbitration in Paris under French law over post-acquisition IP disputes between French and Italian companies.
- Counsel for UAE Respondent in successfully resolved arbitration under Swiss law and the Swiss Rules of International Arbitration concerning a factory project in Egypt.
- Arbitrator in ICC arbitration between Hong Kong claimant and Dubai respondent concerning breach of legal services agreement.
- Counsel in third-party funded ICC arbitration under French law for Singapore aviation company concerning agency payment disputes, with full compensation secured.
- Counsel in ICC arbitration under French law concerning an intellectual property dispute in the chemical industry between French and U.S. entities.
- Counsel for Claimant in successful multi-million USD ICC arbitration under Indonesian law against a State-owned construction company, with full costs recovered.
- Counsel in OHADA arbitration concerning the coffee and cocoa industry in the Ivory Coast against French multinational corporation.
- Counsel in ICC arbitration concerning a joint venture to develop an advanced gas turbine between French, Swedish, and British manufacturers.
- Counsel in ICC arbitration concerning sale of wind turbines by a Western European company to an Indian buyer.
- Counsel for Respondent subcontractor in ICC arbitration concerning defects in a pipeline construction project.
- Counsel in ICC arbitration under French law concerning breach of agency agreement between Northern Irish and Swiss companies.
- Counsel in ICC arbitration under French law for Iranian distributor against American manufacturer over oil & gas equipment.
- Counsel for Danish logistics company in ICC arbitration under French law concerning corporate misfeasance.
- Counsel in ICC arbitration in Madrid under Spanish law concerning public parking investments and EU financial regulations.
- Counsel in ICC arbitration with related interim measures on behalf of a Spanish company concerning an alternative investment fund.
- Counsel in ICC arbitration against an Iraqi State entity in a commercial dispute regarding commodity shipments.
- Counsel in ICC arbitration concerning the modernization of an African State customs agency.
- Counsel in CICA arbitration under Romanian law for a French contractor in a luxury residential project.
- Counsel in ICC arbitration concerning construction of a shopping center in Romania by Northern Irish and Lebanese joint venture.
- Counsel for Guinean contractor in SIAC arbitration under English law against mining company concerning contract termination.
- Counsel for American Respondent in successfully resolved LCIA arbitration under English law concerning the sale of wholesale chemicals.
- Counsel for Mexican Claimant in ICC arbitration under French law concerning the sale of agricultural equipment.
- Counsel for German telecom company in SCCA arbitration under Saudi law against Saudi operator concerning reciprocal carrier services.
- Counsel for UAE company in successful DIAC arbitration under English law regarding fuel sales.
- Counsel for Respondent in ICC arbitration under English law for Italian contractor in Iraq concerning delay, disruption, and breach claims, defeating claims.
- Counsel for American Respondent in ICC arbitration over alleged patent infringement in the agricultural machinery industry.
- Counsel for Mauritius-based investment company in LCIA arbitration under English law concerning fraudulent financial reporting and breach of warranty claims.
- Counsel in successful ICSID arbitration against Ukraine in the media industry.
- Counsel for Middle Eastern client in successful SIAC arbitration against Indian company concerning the sale of industrial chemicals.
- Counsel for Dutch company in successfully resolved dispute under English law over the development of wind farm projects in Ukraine.
- Counsel in AFA arbitration under French law concerning dispute over private equity partnership agreements.
- Counsel for Swiss company in UNCITRAL arbitration against a UN agency, resolved in client’s favor.
- Counsel for Kazakh and Russian Claimants in successful ICC arbitration under French law against African State-owned entity concerning the performance of works at an electricity-generating facility.
- Counsel for Barotseland in public international law dispute against Zambia concerning treaty violations.
- Member of legal team for Gibraltar-based claimant in large investment treaty arbitration against Russia concerning the oil & gas industry.
- Counsel in ad hoc arbitration over leaseback of aircraft between Portuguese and Angolan companies.
- Presiding arbitrator in OAC arbitration under Omani law concerning a construction dispute.
- Counsel in LMAA arbitration under English law for Emirati company concerning contaminated cargo.
- Counsel in ICC ADR proceedings between French company and African State concerning a telecoms joint venture.
- Counsel in ICC arbitration in Turkey over turnkey construction of sulfuric acid plant.
- Counsel for American company in a successful mediation preceding arbitration against a Chinese manufacturer of solar panels.
- Counsel in successful LCAM arbitration under Saudi law concerning construction works at a power plant.
- Counsel for California Claimant in UNCITRAL arbitration administered by the PCA concerning the shipment of military equipment to Ukraine.
- Counsel for Claimant in large, successful LCIA arbitration under Saudi law against a South Korean construction company.
- Counsel in LMAA arbitration under English law for UAE buyer concerning sale of industrial commodities, successfully resolved.
- Counsel in UNCITRAL arbitration administered by the PCA representing an Eastern European State in a road construction dispute.
- Counsel in investment treaty arbitration against Swaziland brought by a foreign investor in the mining sector.
- Counsel in successful SIAC arbitration against a global internet advertising company.
- Counsel for Mexican Respondents in SIAC arbitration concerning alleged breach of a bareboat charter agreement and issues of Mexican trust law.
- Counsel for UAE company in successfully resolved dispute concerning a major project in Mozambique affected by force majeure.
- Counsel in successful LCIA arbitration under English law against Thai company concerning a large supply contract for steel billets, with full compensation awarded.
- Counsel for Australian and Canadian Respondents in successful ICC arbitration with Russian mining company concerning nickel concessions.
- Counsel in successful ICC arbitration concerning the modernization of the customs agency of a Central African State.
- Counsel for Ghanaian Claimant in successfully resolved ICC arbitration under Liberian law in the mining industry.
- Counsel for Congolese Respondent in ICC arbitration in the aviation industry, initiated by the South African subsidiary of a European aviation company, with parallel proceedings in South African courts.
- Counsel for State ministry in successful MIAC arbitration under Maldivian law against UAE hospital equipment supplier, with full costs awarded.
- Counsel for American investors in mediation and expert determination concerning land purchases in Australia.
- Counsel in ICC mediation under French law for North African cement producer concerning O&M obligations, with full compensation obtained.
- Counsel for French client in successful ICC mediation regarding funding defaults in eco-tourism projects.
- Counsel in ICC arbitration against a Central African State concerning the expropriation of a hospital complex.
- Counsel in amicably resolved DAB proceedings under Georgian law involving Eastern European electricity power line project.
- Arbitrator in multiple DIAC arbitrations under UAE law concerning Dubai real estate transactions.
- Member of human rights legal team in ICJ proceedings concerning the extradition of an African head of state from Senegal to Belgium.
Bar admissions
Attorney,
New York
Attorney,
Washington, D.C.
Avocat (Omis),
Barreau de Paris
Publications & presentations
(selection)
- “Cleansing the (Un)clean: The Ongoing Saga of the Clean Hands Doctrine”, Kluwer Arbitration Blog (September 2018)
- “French courts redefine new test for violations of international public policy to set aside arbitral awards (Société MK Group c v S.A.R.L. Onix et Société Financial Initiative)”, LexisNexis (February 2018)
- “Arbitration in France,” Getting the Deal Through (January 2018).
- “The Future of International Arbitration,” lecture at University of Paris II Panthéon-Assas (2015-2018).
- “Comment Eviter Un Conflit Armé Au Barotseland,” published in the magazine Jeune Afrique (June 2014).
- Oxfirst webinar on intellectual property arbitration law and the enforcement of IP rights internationally (May 2014).
- “International Arbitration: France,” published in International Comparative Legal Guides (June 2013).
- “4th Funding International Arbitration London Panel Debate, panellist in conference sponsored by The Judge (June 2013)
- “Should an Arbitral Tribunal Order Security for Costs When an Impecunious Claimant is Relying upon Third Party Funding?”, published in Kluwer’s Journal of International Arbitration (February 2013).
- “Arbitrating in West and Central Africa: An Introduction to OHADA,” published in the Kluwer Arbitration Blog (February 2013).
- “The Status of the Report of the Executive Directors on the ICSID Convention,” published in the ICSID Review-Foreign Investment Law Journal (Vol. 2, 2012).
- “Complex arbitrations: multi-party and multi-contract disputes under the new ICC Rules,” presentation given at LLB Seminar (November 2012).
- “International Arbitration: France 2012,” published in International Comparative Legal Guides (July 2012).
- “La gestion des contentieux en Afrique : Enjeux et Stratégies,” published in MEDEF : C’est à vous (August 2012).
- “Court-Ordered Discovery in the United States Under 28 USC § 1782 for Use in Foreign International Arbitrations: Its Evolution, Current Trends, Strategic Use and Dangers,” published in the International Arbitration Law Review (Vol. 2, June 2011).
- “The Transfer of Treaty Claims and Treaty-Shopping in Investor-State Disputes,” published in The Journal of World Investment and Trade (Vol. 10, No. 3, June 2009).
- “Bringing Claims and Enforcing International Arbitration Awards Against Sub-Saharan African States and Parties,” published in The Law and Practice of International Courts and Tribunals (Vol. 8, No. 1, May 2009).
- “The Tampa Incident: Does Australia’s Political Asylum Policy Violate International Law?”, published in the Columbia Journal of Transnational Law (Vol. 41, 2002).
Memberships
- List of Arbitrators of USCIB (ICC National Committee for the United States)
- ICC France (ICC National Committee for France)
- Expatriate Subcommittee of USCIB (ICC National Committee for the United States)
- ICDR Young & International Arbitration Group
- List of Arbitrators (DIAC)
- Legal 500
- SIAC Panel of Arbitrators
- Leader’s League (Décideurs)
- Kluwer Author
- Swiss Arbitration Association (ASA)
- Getting the Deal Through Author
- International Bar Association
- AFIA (Australian Forum for International Arbitration)
- Advisor to Young ICCA
- Editor of Vindobona Journal of International Commercial Law
Education & teaching
Columbia University School of Law, J.D.
- Dorsey & Whitney Prize
- Stone Scholar
- Tony Patiño Fellowship for Outstanding Character
The Sorbonne (Paris I – Panthéon-Sorbonne), Maîtrise en Droit
- French J.D.-equivalent awarded with honours
Harvard University, B.A.
- Degree awarded with high honors (magna cum laude)
- Dean’s list all semesters
- Magna cum laude thesis on the history of empiricism
Teaching
- University of Paris X (Nanterre School of Law), Lecturer on Anglo-American Business Law
- University of Paris II (Panthéon-Assas), Lecturer on International Arbitration
- Webinars on issues such as the use of international arbitration to resolve intellectual property disputes for Oxford-based entity
Languages
- English
- French
- Spanish
- Arabic (basic)
- Bambara (West African language)
- Baoulé (West African language)