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Loretta Malintoppi*
Year of call: 1987 (Rome)
*Called 1987 (Rome Bar)
“One of her key strengths is her forensic ability to absorb all the details and then very quickly work out what the key issues in dispute are – she does not get lost in detail.” The Legal 500 Asia Pacific 2022
Global Arbitration Review (GAR) Award for “Best prepared and most responsive arbitrator”, 2021
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.
Loretta sits as arbitrator in arbitrations under a variety of arbitration rules, including International Centre for Settlement of Investment Disputes ("ICSID"), International Chamber of Commerce (“ICC”), The United Nations Commission on Trade Law ("UNCITRAL"), Singapore International Arbitration Centre (“SIAC”), London Court of International Arbitration (“LCIA”), Stockholm Chamber of Commerce (“SCC”), Milan Chamber of Arbitration (CAM) and Dubai International Arbitration Chamber (”DIAC”). 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. Aside from her native Italian, Loretta is fluent in English, French 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 practice was particularly focused on public international law matters, infrastructure projects, oil and gas concessions, international sales contracts, disputes arising out of shareholders agreements, and construction projects under FIDIC contracts.
Loretta 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 nominated as ICCA Vice-President in 2022 for a term of two years, and has been a member of the Governing Board of ICCA from 2017 to 2021. She also sits as a member of the Council of the CAM, the International Arbitration Committee of the Korean Commercial Arbitration Board (KCAB International), the Arbitration Committee of the British Virgin Islands International Arbitration Centre (BVI IAC) and the Council of the ICC Institute of World Business Law. She is also a Member of the Governing Board for the Centre for International Law (CIL) of the National University of Singapore (NUS). Loretta was designated by the Chairman of the Administrative Council of the World Bank to the ICSID List of Arbitrators.
Areas of expertise
Arbitrators
Loretta‘s experience as arbitrator in international commercial arbitration, includes acting as Sole Arbitrator, presiding arbitrator and party-appointed arbitrator in numerous international commercial arbitrations over the last thirty years. She sat as arbitrator and chair in arbitral proceedings under a variety of rules, including: International Chamber of Commerce (“ICC”), London Court of International Arbitration (“LCIA”), Singapore International Arbitration Centre (“SIAC”), Dubai International Arbitration Chamber (”DIAC”), Stockholm Chamber of Commerce (“SCC”) 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.
Cases of note
- President in an ICC case between six Hong Kong and Taiwan companies as claimants and two German companies as respondents regarding a settlement agreement and supply agreement for the sale and manufacturing of pharmaceutical products (applicable law: Republic of China (Taiwan) law);
- Sole Arbitrator in an ad hoc case (SIAC acting as fund-holder) between a Singapore company and two Indonesian companies regarding the supply of goods (applicable law: Singapore law);
- Co-arbitrator in an LCIA arbitration between two Eastern European companies concerning the supply of petroleum products (applicable law: English law);
- Co-arbitrator in an LCIA case between a Hong Kong company and a PRC company concerning the sale of crude oil (applicable law: English law);
- President in an ICC case between a Thai company and a Korean company regarding a project for the engineering, procurement and construction of a phenol and acetone plant (applicable law: Thai law);
- President in an ICC case between two UAE companies regarding a pipeline project (applicable law: UAE law);
- President in an ICC case between one Singapore company and six Korean companies as claimants and a Korean State-owned entity as respondent regarding a joint venture for the development of an urban construction project (applicable law: Korean law);
- Co-arbitrator in an ICC case between a Canadian company and two Eastern European State entities concerning onshore operations in oilfields (applicable law: English and Swiss law);
- Sole Arbitrator in an ad hoc case (SIAC acting as fund-holder) between three Indonesian companies (one claimant, two respondents) regarding the supply of pipelines (applicable law: Indonesian law);
- Co-arbitrator in an ICC case between two Eastern European companies and an Austrian company concerning a construction project (applicable law: English law);
- Co-arbitrator in a multi-party ICC arbitration concerning the termination of three connected agreements for procurement and manufacturing in the shipping industry (applicable law: Italian law);
- Sole Arbitrator in a SIAC case concerning a sales agreement between a Singaporean company and an Indian company (applicable law: Indian law).
Public International Law (Arbitrator)
Loretta has extensive experience and expertise in public international law and investment arbitration, both as counsel and arbitrator.
Loretta exclusively sits as arbitrator in investment arbitrations under a variety of arbitration rules, including ICSID, UNCITRAL, and SCC.
The cases listed below are a sample of her cases and only include public references.
Cases of note
- Dominion Minerals Corp v Republic of Panama (ICSID Case No. ARB/16/13) – Annulment Proceeding - The original case concerned a mining concession;
- Durres Kurum Shipping SH PK and Others v Republic of Albania (ICSID Case No. ARB/20/37) - Container terminal enterprise;
- PCA Case 2019-44 - Schindler Holding AG v Republic of Korea - Details of the case are not public;
- Caso CPA 2020-01 – Azucarera del Guadalfeo S.A. y Joaquín Francisco Martín Montero (España) c. República Dominicana - Details of the case are not public;
- Moti Ramot and Rami Levy v Republic of Bulgaria (ICSID Case No. ARB/18/47) - Real estate project;
- Corral Morocco Holdings AB v Kingdom of Morocco (ICSID CASE NO. ARB/18/7) - Operation and development of an oil refinery;
- Itochu Corporation v Kingdom of Spain (ICSID Case No. ARB/18/25) - Renewable energy generation enterprise.
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;
- Co-arbitrator in PCA Cases 2020-53 and 2020-54;
- Co-arbitrator in PCA 2021-20;
- Co-arbitrator in PCA Case 2021-24;
- Co-arbitrator in ICSID Case No. ARB/30/37;
- President of the ad hoc Committee in ICSID case No. ARB/15/18.
Public International Law (Arbitrator and Counsel)
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, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), treaty interpretation, and international environmental law.
Cases of note
- Qatar v UAE - Application of the International Convention on the Elimination of All Forms of Racial Discrimination (ICJ proceedings, 2021);
- Bahrain, Egypt and United Arab Emirates v Qatar - Appeal Relating to the Jurisdiction of the ICAO Council under Article II, Section 2, of the 1944 International Air Services Transit Agreement (ICJ proceedings, 2020); and Appeal relating to the Jurisdiction of the ICAO Council under Article 84 of the Convention on International Civil Aviation (ICJ proceedings, 2020);
- Ecuador-Colombia - Case Concerning Aerial Herbicide Spraying (ICJ proceedings, discontinued 2013);
- 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);
- Singapore-Malaysia - Case concerning sovereignty over islands (ICJ proceedings, 2008);
- Ethiopia-Eritrea - Boundary Commission Proceedings (ad hoc Arbitration, 2002);
- Indonesia-Malaysia - Case Concerning sovereignty over Pulau Ligitan and Pulau Sipadan (ICJ proceedings, 2002);
- Ethiopia-Eritrea - Boundary Commission Proceedings (ad hoc Arbitration, 2002);
- Indonesia-Malaysia - Philippines Application to Intervene (ICJ proceedings, 2001);
- Yemen-Eritrea - Island and Maritime Delimitation Arbitration (ad hoc Arbitration, 1999);
- Islamic Republic of Iran-United States of America - Aerial Incident Case of 3 July 1988 (ICJ proceedings, 1998);
- Islamic Republic of Iran -United States of America - Oil Platforms Case (ICJ proceedings, Preliminary Objection, 1996);
- Libyan Arab Jamahiriya-Chad - Territorial Dispute (ICJ proceedings, 1992).
Recommendations
- “Loretta Malintoppi of 39 Essex Chambers regularly sits as an arbitrator in the Latin America and Asia-Pacific regions, where she impresses sources with her ‘fantastic grasp of the facts’ in her cases. One commentator appreciates the manner in which ‘she commands the room’, while another finds her to be ‘extremely diligent.’” Chambers Global 2021;
- “One of her key strengths is her forensic ability to absorb all the details and then very quickly work out what the key issues in dispute are – she does not get lost in detail.“ The Legal 500 Asia Pacific 2022.
