Toby acts as counsel in investor-state and international commercial arbitration for sovereign states, state entities and private claimants. He has appeared in proceedings under the rules of ICSID, the LCIA, the ICC and the Permanent Court of Arbitration, advises on disputes before the DIAC, and holds rights of audience before the courts of the DIFC and the ADGM.

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The disputes he takes on usually sit where commerce meets public international law: expropriation and state interference with investment, treaty breach, sovereign and state-entity contracts, energy and natural resources, aviation and digital assets. Many carry a sanctions, asset-recovery or criminal dimension. He is often instructed precisely because he can run those threads together rather than in separate silos.

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His work covers every stage of the process: pre-dispute strategy and the formulation of claims, jurisdictional objections, interim relief, the hearing itself, and the enforcement or resistance of awards under the New York and ICSID Conventions, including parallel and ancillary proceedings before national courts. He is a Member of the Chartered Institute of Arbitrators.

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SELECTED WORK

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• Counsel for the Claimants in Victor Pey Casado and President Allende Foundation v Republic of Chile, the longest-running case in the history of ICSID.

• Counsel for the Government of Albania in award enforcement proceedings and parallel criminal proceedings.

• Counsel for a respondent government, and separately for a claimant, in LCIA arbitrations.

• Counsel for the Respondent in AerSale 27469 Aviation Ltd v Wahab and another, a multi-jurisdictional commercial dispute before the London Commercial Court.

• Counsel in proceedings before the Permanent Court of Arbitration in The Hague.

• Advising claimants on contemplated investor-state claims concerning Kyrgyzstan and Ukraine, and on a DIAC arbitration concerning a crypto-asset investment.

• Counsel for the Respondent in proceedings under the Bangladesh Arbitration Act 2001 before the Bangladesh Commercial Court.

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