Arbitrators

Dr Campbell McLachlan KC


Dr Campbell McLachlan QC was called to the Bar in 1984, and appointed a QC 2007. He is an Associate Member of Bankside Chambers, Auckland and a Door Tenant at Essex Court Chambers, London. He specialises in Public and Private International Law, and international litigation and arbitration.

Educated at Victoria (LL B (Hons), 1984), and at the University of London (Ph D (1988)), he holds the Diploma cum laude of The Hague Academy of International Law (1985). Until his return to New Zealand in 2003, Campbell was in practice in London, where he was a partner in Herbert Smith. He led the firm’s International Law Practice Group, and conducted many international arbitrations and litigations, for sovereign states, corporations, international organisations, and regulatory bodies. Reported cases include: ex parte Pinochet (no 3), Banca Carige v. Banco Nacional de Cuba, Saab v. Saudi American Bank, and In re Roys Poyiadjis ex parte US Securities and Exchange Commission and Securities Commission v Midavia Rail Investments BVBA.

Campbell has conducted numerous international arbitrations under ICC, UNCITRAL and LME rules, and has represented or advised a number of sovereign states, including the Armenia, Chile, Cuba, Malawi, New Zealand, South Africa, Tuvalu and the United States of America. Since his return to New Zealand, Campbell has combined his research and teaching with practice in international arbitration and litigation.

He is President of the Australia and New Zealand Society of International Law and New Zealand Alternate Member of the International Chamber of Commerce Court of Arbitration.

In his academic research, Campbell has published numerous articles in international journals, and engaged in international law reform through his work for the International Law Commission and the International Law Association. He has also contributed to law reform in New Zealand, including on the protection of the cultural heritage from cross-border trafficking, and the revision of the cross-border aspects of the High Court Rules.

He is a Specialist Editor of the 14th edition of Dicey Morris & Collins on the Conflict of Laws (Sweet & Maxwell, 2006), with special responsibility for the chapters on Arbitration and Foreign Awards and Foreign Currency Obligations. Dicey, which has been described by Lord Goff of Chieveley as “the prince of legal textbooks”, is the leading work on Private International Law in the Commonwealth.

Campbell’s next book (with Weiniger and Shore) is International Investment Arbitration: Substantive Principles (Oxford University Press, 2007). This work, which will be launched in London on 19 July 2007, is the first analytical work in its field. In 2008, he will give a Special Course at The Hague Academy of International Law on Parallel Proceedings in International Litigation.

Education

Academic Qualifications

LL B (Hons) (Well.), Ph D (Lond)

Dip. cum laude (Hag. Acad. Int’l Law)

 

Professional Qualifications

Barrister (New Zealand, call 1984, Silk 2007)

Solicitor (England & Wales, 1992)

Career

1973-1977              Christchurch Boys’ High School

Junior Scholarship, 1977

 

1979-1980          University of Canterbury

National Junior Mooting Champion, 1980

 

1981-1984              Victoria University of Wellington

LL B (Hons) (1st class) (1984) Chapman Tripp Centenary Award for top law student

Senior Scholarship; Commonwealth Scholarship; Junior Lectureship (1983-4)

 

1985                   Legal Division, Commonwealth Secretariat

Commonwealth Observer, Hague Conference on Private International Law

 

1985-1988          Ph D studies, University College London

Doctoral thesis:  State Recognition of Customary Law in the South Pacific

 

1988-1992          Assistant Solicitor, Herbert Smith. London

Solicitor (England & Wales) 1991, reported cases include:

Libyan Arab Foreign Bank v Bankers Trust Co [1989] 1 Lloyd’s Rep 608

Attorney General for Tuvalu v Philatelic Distribution Corp [1990] 1 WLR 926

ISC Technologies Ltd v Guerin [1992] 2 Lloyd’s Rep 430

 

1992-2003          Partner, Herbert Smith. London

Head of Public International Law Group, 2001-3

Solicitor-Advocate (Higher Courts, Civil) 2001

Member, Herbert Smith Partnership Council (1998-2001)

Represented sovereign states, multi-national corporations and international organisations in international disputes (resolved by arbitration or litigation)

2003 –                 Professor of Law, Victoria University of Wellington, New Zealand

Deputy Dean of Law (2003-4), teaching Public International Law, Conflict of

Laws and International Arbitration

Barrister (joining Bankside Chambers in 2006 and Essex Court Chambers in 2007;

appointed Queen’s Counsel in 2007)

2007-                 Nominated by the New Zealand Government to replace the late Lord Cooke of Thorndon as a New Zealand member of the List of Arbitrators of the International Centre for the Settlement of Investment Disputes, Washington (‘ICSID’).