Our Team

TONY COLE

TONY COLE

Of Counsel, Arbitrator

Practice Areas

  • International and domestic arbitration
  • International and domestic commercial transactions
  • International trade and shipping
  • International investment law
  • Public international law

Tony Cole is an internationally-recognised expert in international and domestic arbitration, cross-border commerce and international investment law, and has been involved in international dispute resolution for over 10 years. In addition to serving as arbitrator and as Of Counsel at Gentium, he currently holds the position of Reader in Arbitration and Investment Law at the University of Leicester (UK). He is a Fellow of the Chartered Institute of Arbitrators, a Member of the New York Bar, and previously worked at a leading international law firm in New York City, practising both arbitration and litigation (cross-border disputes, banking disputes, U.S. securities law disputes). He accepts appointments to sit as an arbitrator internationally.

Tony has broad knowledge of arbitration law and practice in jurisdictions throughout Europe and the Americas, and in 2015 delivered a report to the European Parliament’s Legal Affairs Committee on arbitration across the European Union and Switzerland, which discussed arbitration law and practice in each Member State of the European Union and Switzerland, including information on over 30 European arbitral institutions. He is currently undertaking similar work across the Americas. As a result, he brings to Gentium not only expertise in international arbitration, but also the ability to assist clients in the navigation of disputes in unfamiliar jurisdictions.

Tony has authored publications that have appeared in leading international journals on a range of topics, including arbitration, international investment law, comparative contract law, WTO law, the European Union and U.S. Constitutional law. He also regularly teaches both arbitration and investment law, as well as English contract law, international sales transactions, WTO law, and public international law. He has previously published the book The Structure of Investment Arbitration, and is currently under contract to produce books on arbitration for Cambridge University Press, Kluwer Law International and Routledge. He has been invited to speak on arbitration around the world, including Australia, the United States, Hong Kong, Sweden, Ireland, Poland, Portugal, the United Kingdom and Switzerland.

Bar admissions

Attorney and counsellor-at-law, New York

Education

J.D. University of Michigan Law School, 2004
B.A. St. John’s College (MD), 1997

Languages

English

Publications

1. Books

The UNCITRAL Model Law on International Commercial Arbitration: A Critical Commentary (Cambridge University Press 2019) (with Shahla Ali, Ilias Bantekas, Manuel Gomez and Pietro Ortolani) [coordinating author]

Arbitration in the European Union (with Pietro Ortolani) (Kluwer 2018) [coordinating author]
Arbitration and the State in the European Union (with Pietro Ortolani and Barbara Warwas) (Kluwer 2017) [coordinating author]

International Arbitration: The Practice and the Theory (with Pietro Ortolani) (Routledge 2017)

The Roles of Psychology in International Arbitration (Series: International Arbitration Library) (Kluwer 2016) [editor and contributor]

The Structure of Investment Arbitration (Routledge 2013) (paperback edition released in 2015; US edition released in 2015)

2. Studies

“Legal Instruments and Practice of Arbitration in the EU” (2015) (with Ilias Bantekas, Christine Riefa, Federico Ferretti, Barbara Warwas and Pietro Ortolani) (study funded by the European Parliament) [principal investigator and lead author]

3. Articles and Chapters

“Arbitration in Western Europe: Insights from a Large-Scale Empirical Study”, American Review of International Arbitration (forthcoming, 2017) (with Pietro Ortolani) [peer-reviewed]

“Arbitration in Scandinavia and the Baltic States: Insights from a Large-Scale Empirical Study”, American Review of International Arbitration (forthcoming, 2017) (with Pietro Ortolani and Barbara Warwas) [peer-reviewed]

“Arbitration in Eastern Europe: Insights from a Large-Scale Empirical Study”, American Review of International Arbitration (forthcoming, 2017) (with Pietro Ortolani and Barbara Warwas) [peer-reviewed]

“Arbitration from the Perspective of Psychology”, in The Oxford Handbook of International Arbitration (Thomas Schultz & Federico Ortino eds.) (Oxford University Press 2017) (with Pietro Ortolani and Sean Wright) [invited]

“Legislating for an Effective System of Online Consumer Arbitration”, in The Brave New World of Arbitration: The Role of Technology and the Internet in International Arbitration (Christian Aschauer & Maud Piers eds.) (Cambridge University Press 2016) (with Pablo Cortés) [invited]

“Issues in Cross-Disciplinary Work in Law and Psychology”, in The Roles of Psychology in International Arbitration (Tony Cole ed.) (forthcoming Kluwer 2016) (with Cornel Marian & Ula Cartwright-Finch)

“Arbitration in Southern Europe: Insights from a Large-Scale Empirical Study”, American Review of International Arbitration (2015) (with Pietro Ortolani and Barbara Warwas) [peer-reviewed]

“Diversity in Arbitration in Europe: Insights from a Large Scale Empirical Study”, Transnational Dispute Management (2015) (with Pietro Ortolani) [peer-reviewed]

“Legal Instruments and Practice of Arbitration in the EU”, Transnational Dispute Management (2015) (with Ilias Bantekas, Christine Riefa, Federico Ferretti, Barbara Warwas and Pietro Ortolani) (republication of European Parliament study) (principal investigator and lead author) [peer-reviewed]

“Non-Binding Documents and Literature”, in International Investment Law: The Sources of Rights and Obligations (Eric De Brabandere and Tarcisio Gazzini eds.), (Brill 2012) [invited]

“The Boundaries of Most Favored Nation Treatment in International Investment Law”, 33 Michigan Journal of International Law 537 (2012)

“Justice in the Diffusion of Innovation” (with Allen Buchanan & Robert Keohane), 19(3) Journal of Political Philosophy 306 (2011) [peer-reviewed]

“Power-Conferring Treaties: The Meaning of ‘Investment’ in the ICSID Convention” (with Anuj Kumar Vaksha – PhD supervisee), 24(2) Leiden Journal of International Law 355 (2011) [peer-reviewed]

“Authority and Contemporary International Arbitration”, 70 Louisiana Law Review 801 (2010)

“Commercial Arbitration in Japan: Contributions to the Debate on Japanese ‘Non-Litigiousness’”, 40 New York University Journal of International Law and Politics 29 (2007)

“The Committee of the Regions and Subnational Representation to the European Union”, 12 Maastricht Journal of European and Comparative Law 49 (2005) [peer-reviewed]

“Labor Standards and the Generalized System of Preferences: The European Labor Incentives”, 25 Michigan Journal of International Law 179 (2003) [student note]

“The Parol Evidence Rule: A Comparative Analysis and Proposal”, 26(3) University of New South Wales Law Journal 680 (2003)

“Scalia and the Institutional Approach to Law”, 34 University of Toledo Law Review 559 (2003)

4. Book Reviews and Professional Publications

“ICS v. Argentina”, 27 ICSID Review – Foreign Investment Law Journal 268 (2013) [invited case comment]

“Repsol May Never Get Paid for YPF”, New Statesman (online), 24 April 2012 [invited blog post]

“Is Argentina allowed to seize YPF?”, New Statesman (online), 23 April 2012 [invited blog post]

“Abdulrahman Yahya Baamir – Shari’a Law in Commercial and Banking Arbitration: Law and Practice in Saudi Arabia”, 12 Journal of Banking Regulation 192 (2011) [invited]

“Arbitrator Appointments in Investment Arbitration: Why Expressed Views on Points of Law Should Be Challengeable,” 1 Investment Treaty News Quarterly 13 (2010) [invited]

“International Company for Railway Systems (ICRS) and Privatization Holding Company (PHC) v. Hashemite Kingdom of Jordan (ICSID Case No. ARB/09/13)” (with Yazan D. Haddadin – PhD student), 7 Transnational Dispute Management (2010)

“Susan Easton (ed.) – Marx and Law (2008)”, 30 Philosophy in Review 24 (2010)

“Ronald Charles Wolf – Trade, Aid and Arbitrate (2003)”, Global Law Books (2007), available at http://www.globallawbooks.org/reviews/detail.asp?id=398

“Larry Laudan – Truth, Error and Criminal Law (2006)”, 27 Philosophy in Review 417 (2007)

“William Outhwaite – The Future of Society (2006)”, 27 Philosophy in Review 286 (2007)

“New York State Courts May Order Provisional Remedies in Support of International Arbitration,” World Arbitration and Mediation Report, 17 World Arbitration & Mediation Report 176 (2006)

“Vittorio Hösle – Morals and Politics (2004)”, 26 Philosophy in Review 259 (2006)

“Roberto Toniatti, Francesco Palermo & Marco Dani (eds.) – An Ever More Complex Union (2004)”, Maastricht Journal of European and Comparative Law, 13 Maastricht J. Eur. & Comp. L. 258 (2006) [invited]

Symposia and Workshops Organised

Two online symposia on issues relating to the impacts of international investment arbitration on State governance and human rights [hosted on OGEMID from 2013-2014, each seminar taking place over two weeks, with eight contributors] [lead organiser and moderator]

“The Roles of Psychology in International Arbitration” (a three-day conference exploring the insights that psychology can provide on international arbitration; co-funded by Brunel University, Transnational Dispute Management and Brunel Law School): http://www.brunel.ac.uk/law/news-and-events/events/bcsiacbi-brunel-centre-for-the-study-of-international-arbitration-and-cross-border-investment/ne_283957, May 22-24, 2013

Online Symposium on Abaclat and Others (Case formerly known as Giovanna a Beccara and Others) v. Argentine Republic, ICSID Case No. ARB/07/5, July 2012 [in cooperation with Julian Mortenson, organised and moderated two week symposium on OGEMID]

Online Symposium on Spyridon Roussalis v. Romania, ICSID Case No. ARB/06/1, January 2012 [organised and moderated week-long symposium on OGEMID]

The Role of Social Norms in Building a Low Carbon Society (in cooperation with Kai Spiekermann and Dan Priel), July 2009 [one-day workshop]

Diversity or Cacophony: New Sources of Norms in International Law, March 19-20, 2004, University of Michigan Law School [two day conference]

Invited Presentations of Research

Conference: “Arbitration Futures: The Next 10 Years” (member of panel on “Arbitration in 2026”; keynote speech to Under-40 Session), 10th Congress of the Commercial Arbitration Centre of the Portuguese Chamber of Commerce and Industry, Lisbon, Portugal, 7-8 July, 2016

Workshop: Co-presentation (presentation made by my co-author) “The Brave New World of Arbitration: The Role of Technology and the Internet in International Arbitration”, Ghent, Belgium, 11-12 January, 2016

Conference: “International Dispute Resolution: Diversity Towards Convergence?”, Krakow, Poland, 15-16 October, 2015
Conference: Co-presentation (I was the invitee, but I arranged for a co-author to present a co-authored paper in my place): “Dispute Resolution in M&A/JV Transactions”, Warsaw, Poland, 28-29 May, 2015

Participant in the UNCTAD Expert Meeting on “The Transformation of the International Investment Agreement Regime”, Geneva, Switzerland, February 2015

Presentation to the JURI Committee of the European Parliament: “Legal Instruments and Practice of Arbitration in the EU”, Brussels, Belgium, February 2015

Workshop: “Towards a Theory of Arbitration: A Decentering Approach to Globalization”, Chinese University of Hong Kong, Hong Kong, China, June 2014

Conference: “International Arbitration: The Role of Law”, Stockholm, Sweden, Thursday, May 2014

Conference: “FT MIGA Summit: Managing Global Political Risk: Old Risks, New Moment”, London, UK, December 2011

Conference: “The Most-Favoured-Nation Treatment of Substantive Rights”, Association for International Arbitration, Brussels, Belgium, October 2010

Presentation of “Most-Favoured Nation Treatment in International Investment Law”, Louisiana State University, Baton Rouge, USA, March 2010

Presentation of “Justice in the Diffusion of Innovation” (with Allen Buchanan & Robert Keohane), Yale University, New Haven, USA, March 2010

Conference: “Investment Treaty Arbitration: Evolution and Revolution in Substance and Procedure”, Sydney Law School, Australia, February 2010