Claire Morel de Westgaver is a dual-qualified arbitration practitioner admitted to practice law in England & Wales and the U.S. (New York).  She has acted as counsel in proceedings conducted under the rules of the LCIA, ICC, AAA/ICDR, SCC and UNCITRAL and involving the laws of England & Wales, New York, Texas, France, Sweden, Belgium, China, Qatar, Pakistan, Romania, Saint Lucia and Cyprus.

In addition to her work as counsel, Claire sits as an arbitrator.  She has experience as co-arbitrator, sole arbitrator and chair in arbitrations conducted under the LCIA Rules and the CEPANI Rules.

She has particular experience of disputes relating to technology, corporate transactions, licenses, cross-border sale or service agreements, as well as disputes with a civil law element. Her practice covers industries such as IT, engineering, energy, IP, hospitality, art and defence.

Claire regularly writes and speaks on arbitration-related subjects.  She has been described by clients as “brilliant” (Legal 500, 2018) and by peers as having “an astute legal mind” and being “highly sought after by clients for her strong knowledge of international arbitration law” (Who’s Who Legal, 2019). She has been recognised in Who's Who Legal as a ‘Future Leader in International Arbitration’ for 2017, 2018 and 2019 and as a ‘Rising Star’ in the Legal 500 International Arbitration Powerlist United Kingdom.

Claire sits on the Steering Committee of the Young Professionals group of the Silicon Valley Arbitration and Mediation Center (SVAMC-YP) and on the Steering Committee of CEPANI 40.

Before starting her career in private practice in 2007, Claire worked at arbitration institutions in Paris and London, as a university teaching assistant and as certified mediator in Chicago (U.S.).

Representative Experience

Examples of Ms. Morel de Westgaver’s experience includes:

  • Representing U.S. group in high stake LCIA arbitration relating to the sale of Malaysian oil & gas assets involving complex interpretation and accounting issues.
  • Representing global cloud infrastructure and IT solution provider in multi-party UNCITRAL arbitration administered by the LCIA concerning the provision of colocation services by a major Indian telecommunication company.
  • Representing well known artist in cross-border dispute concerned with authentication of high profile work of art, under Belgian law.
  • Acting as legal expert in high profile class action against leading Japanese tech company arising out of major accounting scandal. The opinions produced in the Japanese court (Tokyo) addressed issues of standing under English law and U.S. law.
  • Advising Zambian individual in connection with claims under the International Covenant on Civil and Political Rights.
  • Acting for real estate developer in parallel proceedings relating to a shareholders dispute arising out of a major hospitality project in Saint Lucia.
  • Representing a Korean trading company in multi-party ICC arbitration relating to the purchase of wheat by a government agency in Bangladesh.
  • Representing a leading Middle-Eastern media company in an ICC arbitration concerning a sports TV rights dispute in excess of US$ 1 billion.
  • Representing a leading European engineering company in an ICC arbitration concerning a US$ multi-million construction dispute.
  • Advising on a claim for misuse of technology and related SCC arbitration involving patents and trade secret elements.
  • Assisting a leading French bank with the registration and enforcement of a Swiss judgment in England.
  • Advising and representing a US company in a complex IT dispute relating to the completion of a customer portal for a stock exchange, and involving delay and data security breach issues.
  • Representing claimants in a fast-track LCIA arbitration arising out of real estate investments in Qatar.
  • Advising on multi-million dollar claims arising out of an investment in Pakistan.
  • Representing leading global security company in an ad hoc arbitration concerning a property and loss profit insurance claim arising out of Hurricane Katrina.
  • Representing a major airline in an LCIA arbitration concerning a claim arising out of a distribution agreement.
  • Representing the respondent in an AAA/ICDR arbitration arising out of a transitional services agreement.
  • Representing the respondent in an LCIA arbitration concerning the alleged breach of non-compete covenants.
  • Representing a leading US software company in an ad hoc arbitration arising out of the settlement of an inside trading derivative action.
  • Assisting with the representation of a Belgian life science company in an LCIA arbitration concerning a patent infringement dispute.

Publications

  • “Cybersecurity in International Arbitration: Don’t be the Weakest Link”, Kluwer Arbitration Blog, 15 February 2019
  • “A Systemic Approach to Cybersecurity in International Arbitration - Imperative and Implementation”, Transnational Dispute Management, March 2019
  • “A New Arbitral Institution for the Art World: The Court of Arbitration for Art” (co-authored), Kluwer Arbitration Blog, 17 June 2018
  • “A Systemic Answer to Cybersecurity in International Arbitration”, CDR News, 1 June 2018
  • “Summary Disposal In Arbitration and Tribunals’ Ability To Order Summary Procedure Without Express Authority”, Kluwer Arbitration Blog, 23 May 2018
  • Quoted in “Cybersecurity Protocol Helps Address a Defining Challenge”, Law360, 3 May 2018
  • “Why technology-related disputes are increasingly resolved by arbitration”, ITProPortal, 17 November 2017
  • “Cybersecurity In International Arbitration – A Necessity And An Opportunity For Arbitral Institutions”, Kluwer Arbitration Blog, 6 October 2017
  • “Will Adverse Inferences Help Make Document Production in International Arbitration More Efficient?” (co-authored), Kluwer Arbitration Blog, 2 August 2017
  • “Improper Deliberations in International Arbitration as a Ground for Annulment” (co-authored), Kluwer Arbitration Blog, 5 May 2017
  • “How legal traditions (still) matter in international arbitration” (co-authored), Kluwer Arbitration Blog, 20 March 2017
  • Quoted in “West African set-aside decision not against US public policy, says court” by Alison Ross, Global Arbitration Review, on-line, 10 June 2016
  • “Spotlight on OHADA arbitration following a recent decision of the Common Court of Justice and Arbitration” (co-authored), Young Arbitration Review, Edition 21, April 2016
  • "How Women Thrive in International Arbitration”, Global Arbitration Review, (Vol. 11 – Iss. 1), on-line, 8 March 2016
  • “Dilatory tactics and the courts’ readiness to safeguard arbitration through cost sanctions”, Financier Worldwide, October 2014
  • "The 2012 ICC Rules: two years on" (co-authored), Tijdschrift voor Arbitrage, September 2014, pp.85-91
  • Summary Judgment in International Arbitration – No Longer Dismissed?”, Kluwer Arbitration Blog, 19 September 2014
  • "Arbitration and Competition Law - New prospects of Recovery for Victims of Anti-Trust Infringements", Corporate Disputes, Jul - Sep 2014, 133
  • "Not on a Sunday in New York", Global Arbitration Review, on-line, 11 July 2014
  • "Failure to Appear at a Hearing - A Risky Tactic?", Kluwer Arbitration Blog, 12 June 2014
  • "Emergency arbitrators and the US courts", Global Arbitration Review, G.A.R. 2014, 9(1), 37-38
  • Quoted in "Londres se fait l'avocat du monde" by Nicolas Madeleine, published in French magazine The Good Life, No 11 November/December 2013, pp. 162, 164 (www.thegoodlife.fr)
  • “Arbitration and Financial Disputes – Cutting to the chase: should arbitration embrace summary disposal?," (co-authored), Commercial Litigation Journal, Co. L.J., May/June 2013
  • “Banking and finance arbitration on the rise – a trend to follow?,” (co-authored), Financier Worldwide, April 2013
  • “How Crouch provided certainty over the arbitrability of shareholder disputes,” Global Arbitration Review (Vol. 6 – Iss. 5), online, 13 September 2011
  • “International Transactions: An Aide-Memoire To Get Your Dispute Resolution Clause Right!”, Inside, Newsletter of the New York State Bar Association, Spring/Summer 2011, Vol. 29 – No 1
  • “UAE/UK: Approaches to legal professional privilege compared,” (co-authored), Global Arbitration Review (Vol. 6 Iss. 3), online, 13 May 2011
  • “Joint venture disputes: resolving deadlock through arbitration” (co-authored), P.L.C. 2008, 19(7), 49-56 (updated on PLC Online in April 2011)
  • Privilege and prejudice” (co-authored), Co. L.J. 2009, 27(Sep/Oct), 16-18 (re-published in The Indian Arbitrator (Volume 3, Issue 4, April 2011))
  • “Chapter 11: IP Mediation” (co-authored), Cook and Garcia on International Intellectual Property Arbitration, Kluwer (2010)
  • “Lawyer-client privilege in international arbitration - a blurred area prone to unpredictability or useful flexibility?” (co-authored), Int. A.L.R. 2009, 12(5), 101-106

Speaking Engagements

  • “Cybersecurity in International Arbitration”, Queen Mary University of London, 28 February 2019
  • “The Art of Oral Advocacy in International Arbitration” [ICC YAF; YCAP], Zagreb, 5 December 2018
  • “Arbitrating Technology Disputes” [CIArb YMG], Dublin, 30 November 2018
  • “The Global Supply Chain of Arbitration: is it a Saturated Profession?” [ICC YAF], Cambridge, 2 March 2018
  • “Cybersecurity in International Arbitration” [Penn Law International Arbitration Association], Philadelphia, 6 April 2018
  • “Arbitral Parents – managing parenthood in the context of an international practice” [ICDR Y&I; YAWP], London, 29 November 2017
  • “Small arbitration – big problems: non-participation, non-appearance and non-representation”, The New Generation of Arbitrators – challenges and opportunities [ICC; CEPANI 40], Brussels, 23 November 2017
  • “Infra petita and ultra petita - deciding only what was asked, and nothing more”, Prayers for relief in international arbitration [ASA below 40], Zurich, 17 November 2017
  • “The Place of the Arbitrator”, co-interview of Juliet Blanch, Bernard Hanotiau and Pedro Martinez-Fraga, with Olivier Caprasse [CEPANI], London, 23 February 2017
  • “Skills that make a difference: what it takes to be effective counsel in international arbitration”, The Future of International Arbitration – Building your International Arbitration Career [ArbitralWowen], Zurich, 8 April 2016
  • “Transatlantic perspectives on the use of national courts as a strategic tool in support of international arbitration”, Webinar broadcasted in London / New York, 13 May 2015
  • “Dispute Resolution Strategy”, Spotlight on Arbitration, Thompson Reuters, London, 8 October 2014