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10 The Institute of Regulation and Ethics at CCLS 4 International Shipping Law 6 30 Years of International Arbitration at CCLS 12 Lucian Ilie Paris LLM Alumni Profile Alumni Centre for Commercial Law Studies Eighth Edition – Winter/Spring 2015 Bulletin

CCLS Alumni Bulletin, Issue 8, Winter / Spring 2015

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Page 1: CCLS Alumni Bulletin, Issue 8, Winter / Spring 2015

10The Institute ofRegulation andEthics at CCLS

4InternationalShipping Law

630 Years ofInternationalArbitration at CCLS

12Lucian IlieParis LLM Alumni Profile

AlumniCentre forCommercial Law Studies

Eighth Edition – Winter/Spring 2015

Bulletin

Page 2: CCLS Alumni Bulletin, Issue 8, Winter / Spring 2015

2 CCLS Alumni Bulletin – Winter/Spring 2015

Alumni Newsletter Editors

Please contact us if you have any comments or if you would like to write an article for the bulletin.

Diane DennyCCLS Development DirectorOversees the CCLS Development Office and is responsible for thestrategic direction of the Centre’s development programme.Tel: +44 (0) 20 7882 8058 email: [email protected]

Julia PrachtAlumni, Events and Development ManagerDevelopment and alumni support atCCLS. Organises CCLS public events,conferences, summer schoolsand seminars.Tel: +44 (0) 20 7882 8481email: [email protected]

Vivian MarangoniAlumni, Events and DevelopmentAdministrator and Energy and NaturalResources Law Institute AdministratorAdministrative support for the Alumniand events programmes at CCLS.Supports the work of the Energy andNatural Resources Law Institute.Tel: +44 (0) 20 7882 3383email: [email protected]

Dear CCLS Alumni

This year we will be celebrating the 30thanniversary of the School of InternationalArbitration with a landmark conference inApril on “The Evolution and Future ofInternational Arbitration”. The school wascreated in 1985 by Professor Julian Lew QC,who has been its head since its inception,and the then director of CCLS Professor SirRoy Goode QC. They rightly believed thatarbitration would be an essential disputeresolution system. The impact of the schoolhas grown considerably over the past 30years, and it is now considered a leadingcontributor to the science of internationalarbitration. You can read more informationabout the School of International Arbitration’s30th anniversary conference, as well as itspast achievements and future plans onpages 6 and 7.

This issue also introduces the establishmentof the new Institute of Regulation and Ethics,pages 10 and 11. The Institute aims toprovide a focus for research on the ethical,legal and regulatory implications of market

complexity and on the impact of regulatoryreform on regulatees and other stakeholders.It will actively involve regulators,governments, business, and the legalprofession in its activities. Despite beingrelatively new the Institute has already heldseveral events including roundtablediscussions and an inaugural conference,and will co-host a Task Force on Third-PartyFunding in International Arbitration with theInternational Council for CommercialArbitration.

This issue also highlights our new specialismin International Shipping Law; has aninterview with Duncan Matthews, Professorof Intellectual Property; and profiles analumnus of our LLM Paris programme.

Thank you to all of the alumni, staff andcurrent students who have written articles for this issue of the Bulletin.

With all good wishes!

Professor Spyros M ManiatisHead, Centre for Commercial Law StudiesQueen Mary University of London

Welcome from the Head of CCLS

For further information, to update your contact details or to contribute an article to the bulletinplease email us at [email protected] or call the CCLS alumni office on 020 7882 8481www.ccls.qmul.ac.uk

This publication has been produced by Marketing and Communications for the School of Law – QM13-0018. The information givenin this publication is correct at the time of going to press. The College reserves the right to modify or cancel any statement in it andaccepts no responsibility for the consequences of any such changes. Any section of this publication is available upon request inaccessible formats (large print, audio, etc.). For further information and assistance, please contact: Diversity Specialist, [email protected], +44 (0) 20 7882 5585.

Page 3: CCLS Alumni Bulletin, Issue 8, Winter / Spring 2015

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Articles inthis issue4 International Shipping Law

Dr Tina Loverdou and Dr Miriam Goldby

5 Postgraduate Law Alumni Weekend and Alumni Association LaunchProfessor Anne Flanagan

6 30 Years of International Arbitration at CCLS

10 The Institute of Regulation and Ethics at CCLSProfessor Stavros Brekoulakis

12 The LLM in ParisLucian Ilie - Paris LLM Alumni Profile

Regular Features8 Ask the Professor

13 Events

14 Did You Know?

15 On the Bookshelves

16 Alumni News

All views represented in these articles arethose of the writers and contributors.

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For further information, to update your contact details or to contribute an article to the bulletinplease email us at [email protected] or call the CCLS alumni office on 020 7882 8481 www.ccls.qmul.ac.uk

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CCLS Alumni Bulletin – Winter/Spring 2015

Page 4: CCLS Alumni Bulletin, Issue 8, Winter / Spring 2015

International Shipping Law

4 CCLS Alumni Bulletin – Winter/Spring 2015

Our new specialism in InternationalShipping Law is developing fast with 46students registering for our full-year modulein International Shipping Law and 18registered for the specialist programme.New one-semester modules designed forthe ISL programme, on P&I Clubs and LegalAspects of Paperless Trade, also sawhealthy registration numbers. In July 2014we ran a successful event on TheContinued Development of Shipping Law:The Role of Arbitration, hosted by the BalticExchange, sponsored by 20 Essex StreetChambers and Oxford University Press, and

For further information, to update your contact details or to contribute an article to the bulletinplease email us at [email protected] or call the CCLS alumni office on 020 7882 8481www.ccls.qmul.ac.uk

featuring nineteen speakers, includingacademics and practitioners, from manydifferent countries. Our next research eventin London is planned for summer 2016,and we are currently exploring severalopportunities for research development inthe field of International Shipping Law witha number of overseas academic institutions.

In addition to the London-basedprogramme, we have launched a newintensively-taught LLM programme inInternational Shipping Law in Greece, forwhich Dr Tina Loverdou is the ProgrammeDirector. This new LLM, a cooperationbetween CCLS and the HellenicManagement Centre (HMC), will be taughtentirely by Queen Mary University ofLondon staff at the HMC in Piraeus, Greece.CCLS has found a strong partner in theHMC, which has been committed toprofessional education and developmentwithin the shipping industry since 1999.HMC offers education and maritime trainingprogrammes addressed to major companiesand experienced shipping professionals,designed to upgrade their theoretical andpractical grounding. Since 2003, HMC hasbeen the Official Educational Provider of theInstitute of Chartered Shipbrokers, the onlyinternationally recognised professional bodyfor shipping professionals, offering ICSCourses leading to ICS Membership.

The launch reception for the programmetook place at the Residence of the BritishAmbassador in Athens in December 2014and was attended by eminent figures of thelegal and shipping communities, amongthem the British Ambassador, John Kittmer,QMUL Vice Principal International ProfessorSadler, CCLS Head, Professor SpyrosManiatis, and Ms Natalia Margioli,Managing Director of the HMC. We wereespecially pleased to be able to welcome anumber of Greek CCLS alumni to this event.

The programme follows on from thesuccess of our London-based LLM inInternational Shipping Law and is primarilydesigned for busy shipping and shippinglaw professionals with relevant workexperience. It offers students theopportunity to develop academic and

Our London-based International Shipping Law specialism hasbeen further enhanced by a newly launched intensively taughtprogramme in Greece, in cooperation with the Hellenic Management Centre. Here, specialism convenors Dr Tina Loverdou and Dr Miriam Goldby share their thoughts.

Page 5: CCLS Alumni Bulletin, Issue 8, Winter / Spring 2015

Postgraduate Law AlumniWeekend and AlumniAssociation Launch

5CCLS Alumni Bulletin – Winter/Spring 2015

professional expertise in specialisedareas of global maritime law, includingWet Shipping Law, Marine Insurance,International Commercial Law, P&IClubs, Carriage of Goods By Sea andCharterparties. The LLM is alsoaccredited by the Institute of CharteredShipbrokers.

Professor Sadler stressed that the newLLM programme fits in perfectly with theheightened international profile ofQMUL, which also includes jointprogrammes in China and Paris, inaddition to the international student andstaff community.

All speakers at the event agreed that theprogramme would play a role in Piraeusbecoming a metropolitan shipping hubthat contributes to the development ofcommercial law from an internationaland comparative perspective.

The programme presents a uniqueopportunity for students and maritimeprofessionals living in Greece to receivea postgraduate degree from QMULwithout having to relocate.

Put the weekend of the 5 June 2015 in yourcalendars for an exciting event; the firstPostgraduate Law Alumni Weekend andlaunch of the QMUL Postgraduate LawAlumni Society! We invite our formerstudents back to London and CCLS toattend what we hope will be a regular event.My LLM year was one of the best of my life,(Class of 2000). I had great friends that yearthat I miss and would love to see again. Ihave also taught many since. It would be sonice to see them, too. I think this weekendwill be a wonderful opportunity to catch upand renew those relationships. I am sureother LLM and PhD grads who loved beingat QMUL would feel that way. The weekendand meeting will offer plenty ofopportunities to catch up with old friendsand make new ones.

The weekend’s events will include anevening reception on Friday at one of thehistoric Inns of Court. Saturday includes alegal conference at the CCLS campus inLincoln's Inn Fields with an openingplenary, followed by round tablediscussions. Saturday will also see the first

annual meeting and launch of the QMULPostgraduate Law Alumni Society. CCLSHead, Professor Spyros Maniatis notes,“Wherever I travel there are QMUL LLMalumni who tell me that they wish toenhance their contacts with each other andthe School of Law. A Postgraduate LawAlumni Society will let alumni build and runthe kind of alumni association thatfacilitates that. It can help them celebratetheir accomplishments, develop newnetworks including local chapters, be moreinvolved in QMUL and their own alumniactivities. It can also enable the benefitsthat many alumni associations provide totheir members. We at CCLS are happy tosupport this!”

A fun medieval style dinner and receptionon Saturday night will be followed by aSunday brunch cruise on the Thameswhich should be lovely on an early Juneday. We hope to see you there.

More details and booking information are available at:www.ccls.qmul.ac.uk/alumni/events

British Ambassador toGreece, John Kittmer, atthe launch of the new LLMin International ShippingLaw, Piraeus, Greece said,the programme builds on,

“...strong, historic linksbetween Greece and theUK in the maritime sector(which) are expandingfurther in the area ofpostgraduate education of lawyers and shippingprofessionals.”

For further information, to update your contact details or to contribute an article to the bulletinplease email us at [email protected] or call the CCLS alumni office on 020 7882 8481 www.ccls.qmul.ac.uk

LLM Director, Professor Anne Flanagan.

Page 6: CCLS Alumni Bulletin, Issue 8, Winter / Spring 2015

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30 Years of International Arbitration at CCLS

The School of International Arbitration (SIA)is a centre of excellence in research andteaching of international arbitration within theCentre for Commercial Law Studies. SIA wascreated in 1985, and Professor Julian LewQC has been its head since its inception.

SIA owes its existence to the foresight of,among other people, the then Director ofCCLS, Professor Sir Roy Goode QC, whotogether with Julian Lew consideredarbitration to be an essential disputeresolution system for internationalcommercial transactions, and rightlypredicted that it would become even more soin the future. Accordingly, the School’strailblazing aim was to undertake teachingand research into the developing law andpractices of international arbitration, to defineit as an independent academic subject, andto contribute to the knowledge of practitionersand users. Queen Mary was the firstuniversity anywhere in the world to develop aspecialist post-graduate research andteaching programme in internationalarbitration. It was our ambition to have a trulyinternational programme catering for studentsfrom developed and developing countriesand to contribute to the international andcomparative outlook needed in order tosucceed in international arbitration.

In the 30 years since its establishment, theSchool has achieved many of these goals.During this time, it has also welcomed morethan 3000 students (including 30 PhDstudents) from over 80 countries in everyregion of the world. Many graduates from ourcourses are now actively involved with

international arbitration, working in law firms,in-house with corporations, governmentservice and for arbitration institutions. Thereare also former students now teachinginternational arbitration in universities aroundthe world. Although other universities alsonow offer specialist Master’s programmes oninternational arbitration, SIA retains a globallyleading role not least thanks to the number ofits courses and the eminence of its faculty.

Today the School of International Arbitrationoffers a range of international arbitrationcourses, including specialist LLM,postgraduate diplomas, professional training,and one of the world's largest specialist PhDprogrammes. For audiences outside ofLondon, we deliver short courses all over theworld and offer distance-learning diplomas ininternational dispute resolution. The SIA alsooffers a Paris-based LLM on internationalarbitration. Our academic members’ high-profile publications have a major impact onarbitration and litigation doctrine and practice.

The impact of the School has been constantlyincreasing over the years, and it is nowconsidered a leading contributor to thescience of international arbitration. We haveclose links with major arbitration institutionsand international organisations working in thearea of arbitration as well as law firms,governments and inter-governmental bodiesthat wish to develop a non-judicial settlementof dispute mechanism.

International arbitration has evolvedsignificantly since the establishment of theSchool of International Arbitration in 1985. Tomention but a few areas:

• Developments in legislation: adoption of theUNCITRAL Model Law in over 60 legalsystems, and changes in law in many non-Model Law jurisdictions, includingEngland, France, and Switzerland;

• Emergence of seminal case law: landmarkdecisions of the highest courts in differentjurisdictions breaking new ground andsetting new standards for arbitration andinfluencing decisions in other jurisdictions;

• Practice:many international law firms havedeveloped specialised arbitration groups,with the number of lawyers practicingarbitration growing exponentially;

• “Institutionalisation”: the establishment ofnew arbitration institutions in variouscountries including in Latin America, Asiaand Africa;

• Increase in case numbers: there has beenan enormous increase in the use ofarbitration evidenced by the number ofarbitrations administered by the bestknown arbitration institutions and theplethora of new arbitration institutionscreated;

The School of International Arbitration will celebrate its 30thanniversary with a landmark conference on “The Evolution and Future of International Arbitration”, in April 2015.

For further information, to update your contact details or to contribute an article to the bulletinplease email us at [email protected] or call the CCLS alumni office on 020 7882 8481www.ccls.qmul.ac.uk

Professor Julian Lew QC, Head of theSchool of International Arbitration

Page 7: CCLS Alumni Bulletin, Issue 8, Winter / Spring 2015

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• Scholarship and research: arbitration hasattracted the interest of many legalscholars and other scholars from differentdisciplines who are examining arbitrationusing a variety of methods of inquiry, suchas doctrinal, empirical, interdisciplinaryand contextual analysis.

As arbitration has become the acceptedmechanism for international disputeresolution in international business, the scopeand nature of international arbitration hasbroadened enormously to encompassdisputes implicating national andinternational public policy and statesovereignty which previously fell within theexclusive domain of state courts.

However, aspects of international arbitrationhave come under scrutiny and improvementsfor flaws are explored. Although criticism ofinvestment and commercial arbitration arisesin different fashion and volume, critical voicesof both the users and the public domain raiseimportant questions about the legitimacy of theinternational arbitration process, and the needfor greater controls, certainty and efficiency ofthe practice of arbitration. SIA and itsmembers are actively involved in identifyingand developing answers to these challenges.

Since its inception, SIA has held two majorconferences that have resulted in importantpublications, entitled Contemporary Problemsin International Arbitration (1986) andPervasive Problems in InternationalArbitration (2006). A third conference iscoming up in April 2015, to celebrate theSchool’s 30th anniversary. It is organised byProfessor Julian Lew, Professor LoukasMistelis and Professor Stavros Brekoulakis.

This anniversary presents an outstandingopportunity to examine the evolution ofinternational arbitration and its futurechallenges. More specifically, this will include:

• The main drivers for the development ofinternational arbitration and the keyevolutionary landmarks of the last 30 years;

• The autonomous nature and the “value” of the arbitral award;

• Modern trends relating to the concept of consent in arbitration;

• The interface between courts andarbitration;

• The distribution of power, diversity andimbalances in international arbitration;

• The evolution and future of the arbitration process;

• Roundtables on teaching and research in arbitration.

The 30th Anniversary Conference

The Conference will be held in London on19-21 April 2015, and will bring together 46leading academics and practitioners andhopefully a large international audience. Theywill collectively reflect on the evolution ofarbitration since the creation of the Schooland will attempt to look into the future andexplore novel issues and challenges. Onesignificant difference of the 30th anniversaryconference in relation to the inauguralconference is that this will be a much moreglobal and less Euro-American-centricconference, as arbitration has rapidlydeveloped in Africa, Asia, Latin America andthe Middle East.

We expect the conference to be a major eventin the arbitration calendar in 2015 and we lookforward to welcoming back to London manyfriends and alumni of the School. We are alsoexcited to see that the Alumni and Friends ofthe School of International Arbitration (AFSIA)will organise a one-day conference on “TheProcedure of International Arbitration: HowEffective are the Tools?” directly after the SIAconference – another sign of the vibrancy SIAand AFSIA enjoy. Mark in your diaries thesefour days of academic discourse, professionalnetworking and social gatherings and planyour trips to London!

CCLS Alumni Bulletin – Winter/Spring 2015

For further information, to update your contact details or to contribute an article to the bulletinplease email us at [email protected] or call the CCLS alumni office on 020 7882 8481 www.ccls.qmul.ac.uk

Left to right: Dr Remy Gerbay, Dr Debbie De Girolamo, Professor Stavros Brekoulakis, Dr Maxi Scherer, Professor Loukas Mistelis, Professor Julian Lew QC

Page 8: CCLS Alumni Bulletin, Issue 8, Winter / Spring 2015

8 CCLS Alumni Bulletin – Winter/Spring 2015

TRIPS-plus IP Chapters in bilateral orregional free trade agreements. On theother hand, IP sceptics are calling forgreater development-orientated IP policies.There is also the possibility that investorstate dispute resolution will increasinglyreplace the WTO Dispute SettlementMechanism, which will bring further newchallenges for the international IP system.

Why is studying IP Law at CCLS a goodchoice for those wishing to build a career in this field?

CCLS offers a huge choice of LLM modulesin IP that is probably unique in the world.Also, CCLS is truly international, withteachers and students from all over theworld. It is like having an encyclopedia ofinternational law in living form, so culturallyand for networking CCLS is a great choicefor those who want to build a career in IP.Wherever I go in the world I find formerstudents heading up the IP departments ofmajor law firms, or who are judges orgovernment officials - so the CCLS alumninetwork is a great strength and is one of thebenefits of being part of the CCLS familythat continues long after our students’ timein London has come to an end.

Ask the Professor

If you were given 3 sentences to describeIP to young lawyers/students what wouldthey be?

IP is intended to promote innovation andcreativity. The unintended consequencesof IP can include anti-competitivepractices and human rights abuses - theright to health or the right to privacy, forinstance. We need good young lawyers toensure that the IP system operates in away that ameliorates the unintendedconsequences.

What do you see as the main challengesfor IP law, especially in the era ofglobalisation?

IP has become a very controversial areaof law in the era of globalisation, with apolarisation of views (proponents of IPand IP sceptics) and this polarisation ofviews risks fragmenting establishedinternational IP norms. On the one hand,the debate has become so political andso controversial nowadays, and there isso little progress in forums such as WIPOand WTO TRIPS Council, that establishednorms are increasingly being replaced by

Duncan Matthews, Professor of Intellectual Property,interviewed by Olga Gurgula, current PhD Student inIntellectual Property and Competition Law, Ukraine.

For further information, to update your contact details or to contribute an article to the bulletinplease email us at [email protected] or call the CCLS alumni office on 020 7882 8481www.ccls.qmul.ac.uk

Page 9: CCLS Alumni Bulletin, Issue 8, Winter / Spring 2015

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What is special about the way thepostgraduate courses are taught here?

The CCLS ethos is teaching commerciallaw from an international andcomparative perspective. That makes usdifferent from most other law schools.Also, the teaching is very much research-led and policy-led since all of us who areteaching in CCLS have practicalexperience either in law firms or asadvisors to governments and internationalinstitutions. In my case, I have advisedthe UK Intellectual Property Office, theEuropean Patent Office and the United Nations DevelopmentProgramme, amongst others.

CCLS also offers a number of courses andprogrammes for IP professionals. Can youtell us a little bit about these?

CCLS has very strong links with the IPprofessions. Today, 80% of patentattorneys and 100% of trade markattorneys entering the professions begintheir careers by studying for theCertificate in Intellectual Property Law,the MSc in Management in IntellectualProperty or the Certificate in Trade MarkLaw and Practice. I also run a trainingprogramme at CCLS for candidatespreparing to sit the European QualifyingExamination so that they candemonstrate the requisite skills torepresent clients before the EuropeanPatent Office. That course is alsobecoming more and more popular every year.

You have been teaching and researchingIP for 20 years. What is your mainresearch interest today?

I would say three research areas: (1) theEU Unitary Patent Package, which will bethe biggest change to patent law andpractice in Europe for over 40 years; (2)the draft chapter of the Trans-PacificPartnership Agreement, which containsTRIPS-plus measures which will haveimplications for access to medicines inthe region; (3) IP and the Life Sciences,where cutting-edge scientific researchraises new challenges for the operation ofthe patent system.

You mentioned the Unitary Patent as oneof your main research interests. How doyou think the EU Unitary Patent Packagewill impact on the legal profession and on London?

The fact that the part of the CentralDivision of the new Unified Patent Courtdealing with life sciences inventions willhave its seat in London will put the city atthe heart of the new EU unitary patentsystem. In addition, the UK has such agood reputation for the quality andexpertise of its lawyers, patent attorneysand judges that the country has a greatdeal to contribute in terms of makingsure the new system becomes a success.These are exciting times for patent law inEurope and that is why I collaboratedwith the Academy of European Law toorganise an international conference onPreparing for the Unitary PatentPackage, which took place in the OldHall of Lincoln’s Inn in December.

Despite the fascination of IP, surely youalso venture out of your office every oncein a while. What are your favourite placesin London?

The Barbican Centre (best music venue),Broadway Market (my local street marketon Saturdays), Victoria Park (good fordog walks), Primrose Hill (best views ofLondon for visitors), London Fields Lido(my local outdoor swimming pool, whichis the same size as an Olympic swimmingpool and has water heated to 27degrees), London Review Bookshop (bestbookshop in London), Rough Trade East(best place to buy music).

For further information, to update your contact details or to contribute an article to the bulletinplease email us at [email protected] or call the CCLS alumni office on 020 7882 8481 www.ccls.qmul.ac.uk

Page 10: CCLS Alumni Bulletin, Issue 8, Winter / Spring 2015

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The Institute of Regulation and Ethics at CCLS

implemented in a way that is consistent withthe demands of the rule of law.

These developments have stimulatedgrowing demand for research to guide policymakers and business leaders to identify keydevelopments and trends that are likely todetermine future legal and regulatoryreform, to assess how these developmentswill affect the conduct of daily business, andto plan appropriate regulatory and businessstrategy in response.

In the UK, the creation of a new professionalbody for banking standards has beenenvisaged as a way to promote higherstandards of behaviour and competenceacross the industry. However, in this fieldthere is a constant tension as to the efficacyand effectiveness of principle-basedregulation, vis-à-vis self-regulation andcredible deterrence that deserves properinvestigation. Regulatory trend is alsoimportant in the regulation of the legalprofession itself. While conduct of legalrepresentatives before national courts istypically regulated by Bar Associations, BarCouncils and Law Societies at national andsub-national levels, increasingly, transnationalconduct of attorneys is beyond the regulatoryreach of these local and national bodies.Some work has been done, for example,through the Code of Conduct for EuropeanLawyers promulgated by the Council of Barsand Law Societies of Europe, to broaden barcooperation at a regional level, but even theseefforts have failed to provide meaningfulguidance and control over attorneys operatingat a translational level. In recent years, theabsence of counsel regulation hasincreasingly raised problems when counselfrom different systems appear on opposingsides before international tribunals.

Specifically in international arbitration, theclash of different national ethical traditionshas resulted in conflicts and confusion. For

these reasons, the ethics of counsel ininternational arbitration has in recent yearsbeen identified as an essential area in needof both scholarly and intellectual analysisand practical legal reform.

The objective of the Institute of Regulationand Ethics will be to provide a focus forresearch on the ethical, legal and regulatoryimplications of market complexity and on theimpact of regulatory reform on regulateesand other stakeholders. It will actively involveregulators, governments, business, and thelegal profession in its activities.

It will inform policy at a high level, and as itis being written, through engagement withregulators, governments and other policymakers nationally, regionally andinternationally.

It will disseminate knowledge throughpublications, partnerships and events. It willbring business, the legal profession andregulatory specialists together withgovernments, regulators and other policymakers to debate key issues - leading toimprovements in the regulatory environment.The Institute will nurture a new generation ofprofessionals whilst being at the forefront oflegal scholarship and law reform.

The inter-relationship between commerciallaw, regulation and ethics is a new frontier forboth law and regulation. The Institute hasbeen established in recognition of this. TheInstitute will help to lead thinking in the areaand actively participate in how regulation isconsidered and shaped in the future.

The commercial and business world is facingunprecedented regulatory change, in termsof the number, speed, nature and form ofnew initiatives, their complexity, and theirinterplay. Regulatory developments raisefundamental questions about the economicsof business models, organisational strategy,and, more generally, the sustainability andexpediency of the current market structuresthat they intend to regulate. They also raiseimportant questions in relation to corporateattitudes, ethical duties and responsibilitiesfor a more sustainable model of activities andgreater engagement with society.

Such a complex and rapidly changinglandscape poses a challenge for regulators,as markets have become increasingly difficultto govern. This exposes the limitations ofcurrent forms of regulation. It also calls fornovel forms of governance but it is unclearhow experimental governance can be

A brand new Institute - The Institute of Regulation and Ethics - has been established at CCLS this year, headed by Professor Stavros Brekoulakis, Professor Catherine Rogers and Dr Costanza Russo.

For further information, to update your contact details or to contribute an article to the bulletinplease email us at [email protected] or call the CCLS alumni office on 020 7882 8481www.ccls.qmul.ac.uk

Left to right: Professor Catherine Rogers,Professor Stavros Brekoulakis, and Dr Costanza Russo

Professor David Wilkins, Lester KisselProfessor of Law, Director, Program on theLegal Profession, Vice Dean for GlobalInitiatives on the Legal Profession, HarvardLaw School, Cambridge (USA)

Page 11: CCLS Alumni Bulletin, Issue 8, Winter / Spring 2015

11CCLS Alumni Bulletin – Winter/Spring 2015

Overarching themes in regulation ofparticular interest to the new institute will beissues common to all forms of regulation,such as: considering how a regulatory bodyshould be structured and “who” should bethe regulator; considering the benefits anddisadvantages of self-regulation; examiningwhat powers regulators should hold and theirconstraints; considering who regulates theregulators; bringing together and exploitingsynergies between business, scholarlyresearch and policy making, and havingimpact beyond the confines of academia.

The Institute has just secured Dr Kara TanBhala as its inaugural Visiting Fellow. Dr TanBhala is the President and Founder of thethink tank Seven Pillars Institute for GlobalFinance and Ethics, whose mission is tohighlight and analyse issues of moralphilosophy in global financial markets with aview to enhancing ethical practice andpolicy. Over the next two years, Dr Tan Bhalawill give presentations, take tutorials andcontribute to a book that will be edited by Dr Costanza Russo.

The Institute has also held several events. On28 October, Professor Philip John Rawlings,Dr Andromachi Georgosouli and Dr CostanzaRusso (Deputy Director of the Institute forRegulation and Ethics) led a roundtablediscussion on Regulation in FinancialServices: Prevention, Prescription andPunishment. This was hosted by Deloitte’sEMEA Centre for Regulatory Strategy, headedby Clifford Smout. Participants includedcolleagues from CCLS, Cass Business School,King's College London and University CollegeLondon, senior compliance executives and

general counsels from major banks,practitioners and regulators, from theFinancial Conduct Authority and thePrudential Regulation Authority.

To assess and contribute to reform efforts,and locate the existing debate on ethics ininternational arbitration within a larger globalcontext, the Institute for Regulation andEthics hosted its inaugural conference on 11September 2014, entitled The ArgumentsFor and Against Further Regulation ofArbitration Counsel. At the conference,leading experts in the field discussed anddebated these issues, assessed andproposed potential future reforms, andevaluated these proposed reforms in light ofexisting global trends, both within andbeyond international arbitration.

The Institute will also co-host (with theInternational Council for CommercialArbitration) a Task Force on Third-PartyFunding in International Arbitration. A widerange of stakeholders will participate,including third-party funders, arbitrators,practising arbitration lawyers and barristers,governmental officers and academics.

The Institute of Regulation and the Ethicswill help to lead thinking in these areas andactively participate in how regulation isconsidered and shaped in the future.

If you or your organisation would like moreinformation on becoming involved in thisexciting new Institute, please contact:Stavros Brekoulakis, Professor inInternational Arbitration and CommercialLaw, Attorney-at-law, Director of ResearchTel: +44(0)20 7882 8215,[email protected]

For further information, to update your contact details or to contribute an article to the bulletinplease email us at [email protected] or call the CCLS alumni office on 020 7882 8481 www.ccls.qmul.ac.uk

...the Institute ofRegulation and Ethicswill provide a focus forresearch on the ethical,legal and regulatoryimplications of marketcomplexity and on theimpact of regulatoryreform...

AvailableLLM modulesin Ethics orRegulation

• Ethics in Business and in Finance

• Regulation of Financial Markets

• Securities Regulation

• Regulation of International Trade

• Insurance Regulation

• Energy Regulation and Policy

• International Regulation andGovernance of Energy

• Principles of Regulation

• Introduction to InsuranceRegulation

• Regulation of InternationalInvestment and Public Policy

• Competition and Regulation in EUHealthcare Markets

• Market Integration and Regulationin the European Internal Market

The Inaugural Conference of the Institute for Regulation and Ethics: The Arguments For and Against Further Regulation of Arbitration Counsel

Page 12: CCLS Alumni Bulletin, Issue 8, Winter / Spring 2015

12 CCLS Alumni Bulletin – Winter/Spring 2015

Lucian Ilie - Paris LLM Alumni Profile

In addition, Queen Mary has an excellentacademic reputation, especially in the fieldof international arbitration with the School ofInternational Arbitration. The courses taughtduring the LLM such as InternationalCommercial Litigation, InvestmentArbitration, Commercial Arbitration andEnergy and Construction Disputes, allowedme to specialise and to gain an in-depthknowledge of different types of arbitrationproceedings, particularly ICC and ICSID.

The level and the quality of courses areamazing and the possibility to interact anddebate with professors is another key assetof this LLM as we are in small groups. Onthe other hand, it’s a great experience tomeet and exchange with other practitionersfrom the whole world.

This experience has played a pivotal role inmy legal career since today I am a lawyerpracticing arbitration in Paris, the ‘home’ ofinternational arbitration. It is exactly what Iwas looking for.

Last but not least, I can’t tell you how proudI am to be the new coach of the LLM Paristeam for the Frankfurt InvestmentArbitration Moot Court.

Prior to attending the LLM Paris programmeat Queen Mary University of London, Icompleted a joint bachelor programme atUniversity of Toulouse and University CollegeDublin. In addition, I have completed aMaster’s degree in International andEuropean Law at University of Toulousewhich confirmed my resolve to pursue aninternational career path.

After I passed the Paris Bar exam in 2012, Iapplied to pursue an LLM in order to specialisein international arbitration because I felt thiswould provide me with a competitive advantagein the legal market. Queen Mary’s LLM in Pariswas my first choice because it is the soletailored LLM programme in Paris for workingprofessionals. Pursuing this LLM and practicingat the same time is not impossible but requiresa real investment and a lot of energy!

Associate lawyer at Lazareff Le Bars - Arbitration department - Paris.LLM in International Dispute Resolution - 2013/2014 - Paris.

For further information, to update your contact details or to contribute an article to the bulletinplease email us at [email protected] or call the CCLS alumni office on 020 7882 8481www.ccls.qmul.ac.uk

The LLM in Paris, FranceThe LLM in Paris is an innovative Master of Laws programme, which brings CCLSexpertise to Paris. Our experienced academics teach this Queen Mary University ofLondon degree, in English, at premises overlooking l’Esplanade des Invalides, in theheart of this iconic city.

Launched in 2012, the programme provides students with an in-depth and practicalimmersion in commercial law, offered from both comparative and internationalperspectives, within a common law framework.

Students can opt for an LLM in International Business Law, or a specialised LLM in:

• Banking and Finance Law

• Intellectual Property Law

• International Dispute Resolution and Economic LawStudents can take advantage of the distinctive features of this programme: theflexible nature of classroom delivery, the interactive style of teaching to small classsizes, the option to spread studies over one or two years, and the possibility to starteither in January or September.

The student body includes qualified lawyers, in-house counsels, and élèves avocatsdrawn from over 40 nationalities. Their varied backgrounds and experiences create aunique and close-knit community. Interaction with Paris-based alumni of both theLondon and Paris programmes is also encouraged.

For more information about this LLM, and associated CCLS activities in Paris, please visit www.law.qmul.ac.uk/postgraduate/llmparis or contact Anna Gray:[email protected]

Page 13: CCLS Alumni Bulletin, Issue 8, Winter / Spring 2015

Events

13CCLS Alumni Bulletin – Winter/Spring 2015

18 March 201530th Annual ICC and School of InternationalArbitration Joint Symposium on "Parallel Proceedingsin International Arbitration"

ICC Global Headquarters, 33-43, Avenue du Président Wilson, 75116 Paris, France

19 - 21 April 2015School of International Arbitration 30th AnniversaryConference: “The Evolution and Future ofInternational Arbitration: The Next 30 Years”

Westbourne Suite, The Lancaster Hotel, Lancaster Terrace, London W2 2TY

22 April 2015Alumni and Friends of the School of InternationalArbitration Conference: “The Procedure ofInternational Arbitration: How Effective are the Tools?”

Norton Rose Fulbright LLP, 3 More London Riverside,London, SE1 2AQ

4 June 2015Queen Mary Postgraduate Legal ResearchConference 2015

Centre for Commercial Law Studies (CCLS), Queen Mary University of London, 67-69 Lincoln’s Inn Fields, London WC2A 3JB

15 June 2015 The Summer Tax Programme 2015Centre for Commercial Law Studies (CCLS), Queen Mary University of London, 67-69 Lincoln’s Inn Fields, London WC2A 3JB

Conferences, Courses and Events

For further information on forthcoming events please see our website www.ccls.qmul.ac.uk/events

For further information, to update your contact details or to contribute an article to the bulletinplease email us at [email protected] or call the CCLS alumni office on 020 7882 8481 www.ccls.qmul.ac.uk

Page 14: CCLS Alumni Bulletin, Issue 8, Winter / Spring 2015

14 CCLS Alumni Bulletin – Winter/Spring 2015

qLegal secures grant from Legal Education Foundation

The Legal Advice Centre (LAC) at QueenMary University of London has received agrant of £90,000 to expand qLegal, acommunity initiative which provides freelegal advice to entrepreneurs andtechnology start-ups. qLegal has recruitedand trained an excellent group ofpostgraduate student advisers, supported bya strong network of collaboratingprofessional partners. Demand has grownand this funding will allow qLegal to facilitatean expansion with UK-wide engagement oflaw students focusing on the legalrequirements of some of the UK’s mostexciting emerging technology-based start-upcompanies. This is a unique project thatallows students to gain hands-on experiencein commercial law.

The programme, launched in 2013, hasthus far focused primarily on businessesbased in East London and the Shoreditch'start-up hub'. Expert advice and guidanceis provided by postgraduate law studentsunder the supervision of legal professionalsfrom collaborating law firms, and fromacademic staff at QMUL’s School of Law.

This latest investment from the LegalEducation Foundation will see theestablishment of a new national programmecalled Creating Tomorrow’s CommercialLawyers.

Ian Walden, Professor of Information andCommunications Law at CCLS andacademic lead for qLegal, said, “The qLegalprogramme has achieved an enormousamount in its first year, and this verywelcome investment will allow us to expandour services beyond the Greater Londonarea. That’s critically important because itmeans that we can continue to supportvulnerable start-ups through the early years- a period in which many businesses requireotherwise expensive legal advice.

The programme is also invaluable for ourstudents in the context of their training.Working with early stage businessesprovides ‘real-world’ experience ofcommercial law as well as networkingopportunities with major law firms."

As part of its expansion, qLegal will shortlyroll out a new series of specialist trainingsessions and skills seminars forentrepreneurs, with a focus on technology,commercial law and common legal pitfallsfaced by start-ups.

Patrick Cahill, qLegal Coordinator, said,“The harsh reality is that a third of newbusinesses fail in the first three years. Partof our mission is to support and nurture newcompanies through this formative and oftendifficult period. We’re in the early stages ofagreeing strategic partnerships with similarlyplaced universities, so that our services canbe adopted and delivered in ‘start-uphotspots’ across the UK."

CCLS and WIPO sign landmark agreement tocooperate in IP teaching and research

The Centre for Commercial Law Studies(CCLS) at Queen Mary University of Londonhas signed a cooperation agreement withthe World Intellectual Property Organisation(WIPO).

Professor Spyros Maniatis and ProfessorDuncan Matthews from CCLS and DrFrancis Gurry, Director General WIPO,attended an official signing ceremony at theheadquarters of the WIPO in Geneva onTuesday 25 November 2014. During theceremony, Professor Maniatis and Dr Gurrysigned a cooperation agreement that will seeCCLS provide expertise in IP teaching andresearch to support WIPO’s global activities.

WIPO is an agency of the United Nations andis the global forum for intellectual property

Did you know?

services, policy, information and cooperation.Its mission is to lead the development of abalanced and effective international IPsystem that enables innovation and creativityfor the benefit of all.

Renowned scholar in arbitration and contractlaw, Professor Alan Rau, is the 2014Distinguished Visiting Fellow

The Centre for Commercial Law Studies atQueen Mary University of London welcomesProfessor Alan Rau as the 2014 HSSDistinguished Visiting Fellow.

Professor Rau holds the Mark and JudyYudof Chair of Law at the University of Texasat Austin. He is a world-renowned scholar inarbitration and contract law, with numerouspublications, including the leading book ofProcesses of Dispute Resolution: the Role ofLawyers. Among his many distinctions,Professor Rau will be delivering theprestigious lectures at The Hague Academyof International Law in the summer of 2019.

Professor Matthews and ProfessorSuthersanen welcome Chinese delegationfrom Southwest University of PoliticalScience and Law to CCLS

Professor Duncan Matthews and ProfessorUma Suthersanen welcomed ProfessorZhang Yumin (Vice President of the ChinaLaw Society Intellectual Property LawAssociation) and Dr Quin Jie (DeputyDirector of the International Cooperation andExchange Office) from the SouthwestUniversity of Political Science and Law tothe Centre for Commercial Law Studies(CCLS) on Friday 21 November. Discussionswere held on recent developments incopyright law. The visit was organised by theBritish Consulate-General in Chongqing.

Norah Gallagher to be Advisory Member ofthe International Arbitration Law Review

Norah Gallagher has been invited to be anAdvisory Member of the InternationalArbitration Law Review (IALR), published bySweet & Maxwell.

For further information, to update your contact details or to contribute an article to the bulletinplease email us at [email protected] or call the CCLS alumni office on 020 7882 8481www.ccls.qmul.ac.uk

Page 15: CCLS Alumni Bulletin, Issue 8, Winter / Spring 2015

15CCLS Alumni Bulletin

On theBookshelves

Intellectual Property, Indigenous People and Their KnowledgeDrahos, P Cambridge University Press, 2014

The Logic of Innovation: IntellectualProperty, and What the User Found ThereGibson, JAshgate, 2014

Climate Change and International TradeLeal-Arcas, REdward Elgar, 2013

International Energy Governance: Selected Legal Issues Leal-Arcas, R Edward Elgar, 2014

Rights Clearance for Online MusicWestkamp, G Medien und Recht, 2014

Forthcoming publication:

Dr Andromachi Georgosouli and Dr MiriamGoldby are co-editing a book on SystemicRisk and the Future of Insurance Regulation(Routledge/INFORMA, Lloyd’s InsuranceLaw Library series). The book is due to bepublished in summer 2015 and it is aselection of papers that were presented inthe 2nd CCLS Roundtable on FinancialRegulation in June 2013, which celebratedthe launch of the Insurance Law Institute atCCLS earlier that year. The book is the firstscholarly work that takes a critical look atsystemic risk as a key driver of post-crisisdevelopments in the regulation of theinsurance sector in the UK/EU and the USand intends to be comprehensive andforward-looking.

Norah Gallagher, Senior Lecturer andAcademic Director of the new Energy andNatural Resources Law Institute at QueenMary University of London, was invited byDavid Holloway, the General Editor of the IALR.

Lord Browne of Madingley delivered theInaugural Lecture Energy and NaturalResources Law Institute, at the Canary Wharfoffice of Clifford Chance, the sponsor

In a wide-ranging speech to an audience oflawyers, academics, business people, andstudents from CCLS, Lord Browne focusedon the energy sector and its relationshipwith society, while touching on his role tohelp encourage greater transparency indeveloping countries and tackle climatechange.

Recognising that around the world ‘barelyhalf the population trust energy companiesto do the right thing’ - a figure that reducesto less than a third in the UK - Lord Browneset out a number of key points which, heargued, would improve the reputation andpublic perception of the industry.

“I am an optimist, and believe it is possiblefor the extractive industries to improvepermanently their relationship with the restof society,” he said.

Lord Browne went on to recommend thatbusinesses acknowledge and study failure,embrace strong and smart regulation,communicate openly with society, and thatleaders should examine deeply the purposeof their business activity.

The lecture formally launched the newInstitute, based at QMUL’s Centre forCommercial Law Studies. The Institute is

For further information, to update your contact details or to contribute an article to the bulletinplease email us at [email protected] or call the CCLS alumni office on 020 7882 8481 www.ccls.qmul.ac.uk

Academic Liaison Librarian(Law), Nick Holloway andIntellectual Property ArchiveLibrarian, Malcolm Langleyrecommend the following newbook releases

built on four pillars: law, policy, regulationand governance, while consideringcorporate, economic, social andenvironmental concerns. It will developinto an international centre for discussionand research in energy law.

James Dallas, Executive Director of thenew Energy and Natural Resources LawInstitute, said of the Lecture, "LordBrowne provided a spectacular curtainraiser for the Institute - offering greatinsight and clarity on the challengesfacing energy companies and theirleaders."

Regarding the establishment of theInstitute, he added, “Very few universitiesfocus on the research and study of energyand natural resources from a legalperspective. The Energy and NaturalResources Law Institute at Queen MaryUniversity of London is filling this gap byoffering an LLM in Energy and NaturalResources Law.”

Page 16: CCLS Alumni Bulletin, Issue 8, Winter / Spring 2015

Alumni News Winter/Spring 2015

16CCLS Alumni Bulletin – Winter/Spring 2015

For further information, to update your contact details or to contribute an article to the bulletinplease email us at [email protected] or call the CCLS alumni office on 020 7882 8481www.ccls.qmul.ac.uk

CCLS alumnus Dr Burcu Kiliç (PhD 2011,supervised by Professor Duncan Matthews) haspublished a book called BoostingPharmaceutical Innovation in the Post-TripsEra: Real-Life Lessons for the DevelopingWorld, based on her doctoral thesis,published by Edward Elgar: www.e-elgar.co.uk/bookentry_main.lasso?currency=US&id=15285

Burcu is now policy adviser at Public Citizen'sGlobal Access to Medicines Program, basedin Washington D.C.

This timely book investigates the concept ofinnovation and illustrates the crucial role thatpatent strategies play within processes ofpharmaceutical innovation. Drawing onextensive country and company case studies,it identifies the key issues relevant to therevival of local pharmaceutical industries.Based on an understanding of the post-TRIPSenvironment and case studies of nationalinnovation strategies, it specifically addressesan important question – to what extent canlessons from national experiences betransferred to current policy developments forinnovation in the pharmaceutical industry in adeveloping country context?

A Group of CCLS Alumni Established LBFPartners, an Istanbul-Based Law andConsultancy Firm. Our alumni Dr Nusret Cetin(LLM in Banking and Finance-2009 and PhDin Banking and Finance-2013) and M. SuatKayikci (LLM in Energy Law-2011) haverecently set up their own law and consultancyfirm, LBF Partners based in Istanbul, togetherwith global-minded academics and lawyers.Another CCLS alumnus, Dr Kadir Bas (PhD inCompetition Law-2013), who is a lecturer atthe Marmara University Law Faculty, alsoprovides legal consultancy to the firm.

These alumni met during their studies at theCCLS where they were inspired to set up a lawfirm that would have a global vision andprovide first-class legal services across borders.To make this project come to life, Nusret andSuat resigned from their posts at the CapitalMarkets Board of Turkey and the EnergyMarket Regulatory Authority respectively. Otherfounding partners of the firm also hold PhDdegrees from well known UK universities.

LBF Partners offers full legal and consultancyservices to its foreign and domestic clients bothin Turkey and at international level. Its practicefocuses on arbitration, banking and finance,capital markets, commercial and corporate law,competition, energy, foreign investment, andpublic international law.

LBF Partners currently works as a hub forCCLS alumni in Turkey, and also aims to builda business network with other CCLS alumnipracticing in different countries around theworld. For this purpose, the LBF team hasalready initiated collaborations with some fellowCCLS alumni outside Turkey, and seeks toexpand its international network significantly inthe near future. For more information seewww.lbfpartners.com.

In November 2014, Despina Chatzimoli (LLM1996-7) hosted Professor Rosa Lastra’s EUfinancial law students and gave an excellentlecture to them at the European BankingAuthority, where she works as legal counsel.The EBA also provides internship opportunitiesfor students. Professor Lastra and CCLS arevery grateful that our alumni can contribute toour courses in such an innovative way.

Erum Sattar, former LLM student at Queen MaryUniversity of London, CCLS and now doctoralcandidate at Harvard Law School, has beenselected to be the next Editor-in-Chief of theHarvard Asia Quarterly. For the past year, Erumhas worked closely with Harvard Asia Quarterlyas the Head South Asia Editor and has broughtto it exceptional work ethic, dedication andintellectual contribution.

The Harvard Asia Quarterly is a professionalacademic journal of Asian studies affiliatedwith the Harvard University Asia Center andadvised by its director, Dr Arthur Kleinman.They publish four times per annum onmultidisciplinary topics related to issues inEast, South, Central, and Southeast Asia. HAQis dedicated to facilitating scholarly exchangewithin the academic community by publishinghighly researched and well-documentedarticles relevant to the discourse oncontemporary Asia, as illustrated by theirrecent publication on their website:www.asiaquarterly.com