Marco De Sousa
Marco acts as counsel and advocate in commercial and investment treaty arbitrations in a broad range of industry sectors and jurisdictions. He has particular experience of disputes in the Energy and TMT sectors in Europe, the Middle East, Asia and Africa.
Marco has acted in commercial arbitrations under most major institutional rules and ad hoc arbitrations under the UNCITRAL rules. He advises both investors and states in investment treaty claims, and on issues of Public International Law and Business and Human Rights.
Marco has considerable experience of acting on arbitration-related court proceedings in England & Wales, Singapore and Hong Kong.
Accolades
Marco is listed as a "key lawyer" in international arbitration and public international law in Legal 500 UK 2021 & 2022.
Recognised by Chambers & Partners (UK-wide) as a "notable practitioner": "Marco is technical and has good judgement. He is also very dedicated to his work."; "He has fantastic legal and practical skills."
Background
Marco joined the firm as a trainee solicitor in 2011, having graduated from UCL with a first in law and from Cambridge University with an LLM in public international law (also first class).
Marco has worked in several offices around the globe, including Dubai, Hong Kong and London. He is currently based in New York.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2013
Membership
- LCIA Young International Arbitration Group (YIAG)
- ICC YAAF
Qualification
- Solicitor (England & Wales) (2013)
Education
- UCL (LLB) (2009)
- Cambridge (LLM) (2016)
1 Contributions by Marco De Sousa
PRACTICE NOTES
State immunity in international arbitration: principles, SOEs, applicable law, waivers, service, and enforcement/execution strategies
This Practice Note considers the role of state immunity in relation to arbitration proceedings in general terms.
For fuller and more detailed guidance on state immunity and arbitration in the United Kingdom under the State Immunity Act 1978 (SIA 1978), consult Practice Note: State immunity in proceedings relating to arbitration (England & Wales). In addition, for additional Practice Notes covering state immunity across a range of jurisdictions around the world (including China, Russia and Singapore), refer to the ‘State immunity’ subtopic: State immunity and arbitration—overview.
In the modern global economy, commercial actors regularly deal with states and entities owned or controlled by states when pursuing overseas investment prospects or entering into cross-border agreements. As with dealings exclusively between private parties, participants in such international arrangements are increasingly selecting international arbitration to resolve prospective disputes rather than pursuing court litigation.
This trend is probably due to advantages that international arbitration has over transnational court proceedings, including:
neutrality—matters are determined by an impartial arbitral tribunal chosen by the parties or the relevant arbitral institution.
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Arbitration
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