Experience
Brian has experience in representing private individuals, companies and States in international commercial and investment treaty arbitration, under all major institutional rules (LCIA, ICC, SCC, ICSID and UNCITRAL). His practice spans a variety of industry sectors, including construction, infrastructure, energy, natural resources and fintech.
Brian has also represented clients before the DIFC Courts, where is registered as a Part II advocate.
In addition to his role as counsel, Brian regularly publishes on various arbitration topics and has acted as a visiting lecturer at universities in Sweden, the United Kingdom and Latin America. Brian has also been invited to speak at arbitration conferences around the world.
Brian is recognised in Who's Who Legal - International Arbitration. Brian is dual-qualified in England & Wales and the United States (New York and California).
Brian has a working proficiency in English, Spanish and Swedish.
Recent Cases
- Lead counsel for a Saudi engineering company in a DIFC-LCIA arbitration regarding the construction of two LPG pipelines in Saudi Arabia.
- Lead counsel for an Omani subcontractor in an ad hoc arbitration regarding the construction and insulation of a gas pipeline in Oman.
- Lead counsel for a UAE-based subcontractor in an ICC arbitration regarding the construction of major sections of the Etihad Rail Project.
- Lead counsel for a private individual in a DIFC Court litigation regarding an over-the-counter cryptocurrency transaction.
- Lead counsel for a UAE-based steel manufacturer in a DIFC Court litigation regarding the cancellation of a financing agreement against a major State-owned bank.
- Counsel for the Vattenfall group in Vattenfall et al. v. Germany (ICSID) under the Energy Charter Treaty regarding a multi-billion euro claim arising out of the shutdown of three nuclear power plants in Germany.
- Counsel for Ioan Micula and the corporate claimants in Ioan Micula, et al. v. Romania (Micula II) (ICSID) under the Sweden-Romania BIT regarding a multi-billion euro claim arising out of the taxation on spirits and wine production in Romania.
- Counsel for Dominion Minerals Corporation in Dominion v. Panama (ICSID) under the U.S.-Panama BIT regarding the mining exploration concession for the Cerro Chorcha mining property in Western Panama.
Articles
- Brian Kotick, “Flying Too Close to the Sun: Alternatives to the Costs Follow the Event Approach in Investor-State Arbitration”, Juris Conferences – Investment Treaty Conference Publication (Fall 2020).
- Brian Kotick and Joel Dahlquist Cullborg, “A (Counter) Balancing Act: The Express Power to Order a Security on a Stay of Enforcement Pending Annulment”, ICSID Review - Foreign Investment Law Journal (Spring 2018).
- Brian Kotick, “The Swedish Government Revives Efforts to Modernise the Arbitration Act”, Kluwer Arbitration Blog, 9 April 2018.
- Brian Kotick and Claire Morel de Westgaver, “Improper Deliberations in International Arbitration as a Ground for Annulment”, Kluwer Arbitration Blog, 5 May 2017.
- Co-founder and co-host, “The Arbitration Station”. Weekly podcast since September 2014 (available on iTunes and Spotify).