Loretta Malintoppi (Rome)

Year of call:

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‘knows public international law inside-out.’
Chambers Global 2019

‘enjoys a “standout” reputation for her involvement in numerous high-profile cases for states.’
Chambers Global

*Called 1987 (Rome Bar)

An Italian lawyer by training, Loretta has an LLM from Georgetown University Law Centre in Washington DC and is dually qualified, at the Rome and Paris Bars. Loretta has also been registered to practise in Singapore since 2012.

She sits as arbitrator in arbitrations under a variety of arbitration rules, including ICSID, ICC, UNCITRAL, SIAC, LCIA, Milan Chamber of Arbitration and DIAC. Aside from her native Italian, Loretta is fluent in English, French and Spanish. Loretta also regularly appears as counsel and advocate in State-to-State disputes before the International Court of Justice and in ad hoc inter-State arbitrations. She was a Member for Italy of the ICC International Court of Arbitration from 2000 to 2009 and a Vice-President of the ICC Court from 2009 until June 2015. Loretta was designated to the ICSID Panel of Arbitrators by the Chairman of the Administrative Council in 2017. She was appointed to the Governing Board of ICCA on 1 April 2017 for a term of four years and also sits as a member of the Council of the ICC Institute of World Business Law and is a Member of the Governing Board for the Centre for International Law (CIL) of the National University of Singapore (NUS).

In 2009 Loretta co-authored the second edition of Professor Schreuer’s The ICSID Convention – A Commentary and is co-editor of the handbook Investment Protection in Southeast Asia: A Country-by-Country Guide on Investment Laws and Bilateral Investment Treaties published in October 2016.

Chambers & Partners Global say that Loretta ‘knows public international law inside out’ and that ‘she has a long background in PIL and her reputation is high.’

International Arbitration

Loretta was admitted to the Rome Bar in 1987 and the Paris Bar in 1993.

Loretta‘s experience as arbitrator in international commercial arbitration, includes the following:

  • Acting as Sole Arbitrator, presiding arbitrator and party-appointed arbitrator in numerous international commercial arbitrations under the following rules: International Chamber of Commerce (“ICC”), London Court of International Arbitration (“LCIA”), Singapore International Arbitration Centre (“SIAC”), Dubai International Arbitration Chamber (”DIAC”) and Milan Chamber of Arbitration (“CAM”). The cases concern disputes arising from a variety of international transactions (including construction contracts, infrastructure projects, international sale of goods, agency, oil and gas, shareholders’ agreements, and distribution), with particular regard to disputes involving States and State entities. Procedures conducted in English, French, Italian and Spanish;

Prior to focusing on her career as arbitrator, Loretta acted for twenty-five years as counsel and advocate in international commercial arbitration with a major international law firm based in Paris. Her international commercial arbitration practice was particularly focused on infrastructure projects, oil and gas concessions, international sales contracts, disputes arising out of shareholders agreements, and construction projects under FIDIC contracts.

Public International Law

Loretta’s experience as arbitrator in international investment arbitration is as follows:

  • Co-Arbitrator in ICSID Case No. ARB/11/5;
  • Co-Arbitrator in ICSID Case No. ARB/12/20;
  • Co-Arbitrator in ICSID Cases No. ARB/14/6 and No. ARB/14/7;
  • Co-Arbitrator in ICSID Case No. ARB/15/16;
  • Co-Arbitrator in PCA Case 2016-11;
  • Co-Arbitrator in ICSID Case No. ARB/18/7;
  • President of the ad hoc Committee in ICSID Case No. ARB/15/18;
  • President of the ad hoc Committee in ICSID Case No. ARB/12/33;
  • Member of the ad hoc Committee in ICSID Case No. ARB/15/8;
  • Co-Arbitrator in ICSID Case No. ARB/18/25;
  • Co-Arbitrator in ICSID Case No. ARB/18/47;
  • President of the Tribunal in PCA Case 2019-19;
  • President of the Tribunal in ICSID Case No. ARB/18/44 (discontinued);
  • Co-Arbitrator in PCA Case 2019-44;
  • Co-Arbitrator in SCC Case V2019-088;
  • Co-Arbitrator in PCA Case 2020-01.

Loretta advises States and private entities on non-contentious matters of public international law and has represented States as counsel and advocate in numerous cases before the International Court of Justice (ICJ) and in ad hoc arbitrations involving, inter alia, maritime and land boundary/sovereignty disputes, State responsibility, treaty interpretation, and international environmental law. Examples of cases include:

  • Aerial Incident Case of 3 July 1988 (ICJ proceedings, Iran/USA)
  • Oil Platforms Case (ICJ proceedings, Iran/USA, Preliminary Objection, 1996)
  • Libya-Chad Land Boundary Case (ICJ proceedings, 1992)
  • Indonesia-Malaysia Case Concerning sovereignty over Pulau Ligitan and Pulau Sipadan (ICJ proceedings, 2002)
  • Philippines Application to Intervene (ICJ proceedings, 2001)
  • Yemen-Eritrea Island and Maritime Delimitation Arbitration (ad hoc Arbitration, 1999)
  • Ethiopia-Eritrea Boundary Commission Proceedings (ad hoc Arbitration, 2002)
  • Singapore-Malaysia Case concerning sovereignty over islands (ICJ proceedings, 2008)
  • Romania-Ukraine Case concerning maritime delimitation in the Black Sea (ICJ proceedings, 2009)
  • The Government of Sudan/The Sudan People’s Liberation Movement/Army (Abyei Arbitration) (ad hoc Arbitration, 2009)
  • Case Concerning Aerial Herbicide Spraying (Ecuador-Colombia) (ICJ proceedings, discontinued 2013)
  • Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v UAE) (ICJ proceedings, on-going)
  • Appeal Relating to the Jurisdiction of the ICAO Council under Article II, Section 2, of the 1944 International Air Services Transit Agreement (Bahrain, Egypt and United Arab Emirates v. Qatar) (ICJ proceedings, 2020)
  • Appeal relating to the Jurisdiction of the ICAO Council under Article 84 of the Convention on International Civil Aviation (Bahrain, Egypt, Saudi Arabia and United Arab Emirates v. Qatar) (ICJ proceedings, 2020).

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