Overview
Thomas Innes is the Deputy Chair of Steptoe's International Arbitration group. He advises and conducts advocacy on a wide range of commercial disputes. In particular, he has significant experience as counsel in international arbitrations, both investor-State and commercial. His work includes cases at the International Centre for Settlement of Investment Disputes (ICSID), at the Permanent Court of Arbitration (PCA) and under various other arbitration rules.
The Legal 500 UK has described Thomas as a "top expert" in public international law, whose "knowledge is not only theoretical, but very practical and adapted to the case and the particular client, and (very importantly) very comprehensible to the tribunals." He is also commended for having an "impeccable approach to examining witnesses and experts, and an incredible legal brain."
Similarly, Chambers UK has described Thomas as having "a great mind", "excellent" cross-examination skills, a "creative approach", and the ability to "effectively distil complex issues down into simple terms." Further, he is praised for his attentiveness to clients and for being "devoted, hard-working and a great team player."
- Barrister, England & Wales
- MRes, University of Reading, Law
- LL.B., King's College London, Law with Transnational Legal Studies
Representative Matters
Investment Treaty Arbitration – ICSID and ad hoc
- Acts as joint lead counsel to investors in a dispute with The Republic of Zimbabwe arising from breaches of a bilateral investment treaty, in Bernhard von Pezold & Ors v. The Republic of Zimbabwe. Concerned investments in agriculture projects. Our clients were awarded restitution and damages (alternatively $196 million in damages), plus their full legal costs and interest. We successfully resisted Zimbabwe's application for the award to be annulled. Currently leading a multi-jurisdictional enforcement process. ICSID arbitration. ICSID Case No. ARB/10/15. Ongoing.
- Acts as lead counsel (since April 2023) to a US telecommunications company in an arbitration against Colombia arising from Colombia's termination of the investor’s concession. The proceeding is being brought pursuant to the US-Colombia Trade Promotion Agreement. Vercara, LLC (formerly Security Services, LLC, formerly Neustar, Inc.) Republic of Colombia. ICSID arbitration. ICSID Case No. ARB/20/7. Ongoing.
- Acts as joint lead counsel to a State in respect of an investment dispute arising from its alleged breaches of a bilateral investment treaty. A v. State B, ad hoc Ongoing.
- Acts as counsel to US investors in respect of a NAFTA arbitration against Canada. Concerns the summary termination of Ontario’s greenhouse gas emissions control cap-and-trade program, without payment of compensation to our clients. Koch Industries, Inc. and Koch Supply & Trading, LP v. Canada. ICSID arbitration. ICSID Case No. ARB/20/52. Ongoing.
- Acts as counsel to the investors in an ICSID arbitration relating to the expropriation of a substantial aquaculture enterprise by The Gambia. West African Aquaculture Ltd et al. v. The Republic of The Gambia. ICSID arbitration. ICSID Case No. ARB/18/10. Ongoing.
- Acts as counsel to investors in respect of an investment dispute with an Eastern European State arising from alleged breaches of a bilateral investment treaty. Concerns investment in a coal mine. A v. State B. UNCITRAL arbitration. VIAC Case No. OTH-3002. Ongoing.
- Acted as counsel to the Republic of Armenia in an ICSID arbitration arising from a property investment in Yerevan. The claimants alleged that Armenia failed to protect their investment from fraud and bankruptcy issues. The tribunal upheld our client’s position, dismissing the claimants’ case on jurisdictional grounds. The award has since been partially annulled. Edmond Khudyan and Arin Capital & Investment Corp. v. Republic of Armenia. ICSID arbitration. ICSID Case No. ARB/17/36.
- Acted as counsel to Italian investors in respect of an investment dispute with the Tanzanian Government arising from breaches of a bilateral investment treaty. Concerned investment in an agriculture project. Award in favor of our clients, and paid following Steptoe-led enforcement action. Sunlodges Ltd and Sunlodges (T) Limited v. The United Republic of Tanzania. UNCITRAL arbitration. PCA Case No. 2018-9.
- Acted as counsel to Indian investors in an ad hoc arbitration against Bosnia and Herzegovina. The arbitration concerned an insurance company in which the claimants had invested. The outcome is confidential. Aggarwal, et al v. Bosnia and Herzegovina. Ad hoc PCA Case No. 2018-03.
- Acted as counsel to a UK investor in respect of an investment dispute with Montenegro arising from alleged breaches of a bilateral investment treaty and domestic foreign investment legislation. Concerned investment in an upstream oil and gas project. The outcome is confidential. Medusa (Montenegro) Ltd v. The State of Montenegro. UNCITRAL arbitration. PCA Case No. 2015-39.
- Acted for a Canadian investor in relation to a multibillion-dollar dispute with the United States under the NAFTA. This was part of a broad litigation strategy, which encompassed other Steptoe teams. The matter was resolved in our client’s favor.
- Acted as counsel to investors in a dispute with The Republic of Zimbabwe arising from breaches of a bilateral investment treaty, in Border Timbers Ltd & Ors v. The Republic of Zimbabwe. Concerned investments in agriculture projects. Our clients were awarded restitution and damages (alternatively $125 million in damages), plus their full legal costs and interest. We successfully resisted Zimbabwe's application for the award to be annulled. ICSID arbitration. ICSID Case No. ARB/10/25.
Technical Assistance to States on Public International Law Matters
- Acted for the Caribbean Regional Fisheries Mechanism (an inter-governmental organization) with respect to their submissions to the International Tribunal for the Law of the Sea, in Case No. 21, Request for an advisory opinion submitted by the Sub-Regional Fisheries Commission.
- Engaged by several states to advise on their investment treaty negotiations.
- Serves as a member of the Steptoe team appointed by the Government of the People’s Republic of China to the panel of law firms that will be instructed to defend it in investor-state disputes.
Commercial Arbitration and Court Litigation
- Acts as joint lead counsel in an LCIA arbitration relating to the management of an investment fund.
- Acted as lead counsel in multiple arbitrations arising from a complex, multi-part financing transaction.
- Acted as counsel to the claimants in an ICC arbitration against an Eastern European State and one of its State-Owned Entities. The dispute concerned the alleged non-delivery of mined ore, in breach of contract. ICC arbitration.
- Acted for an African bank in a dispute with its former Chief Executive over the alleged breach of an arbitration agreement: ad hoc arbitration under the UNCITRAL Arbitration Rules. Also acted on the bank's related application for an anti-enforcement injunction in respect of the alleged breaches: High Court and Court of Appeal in England.
- Advised an airline in relation to a dispute under an IT services agreement.
- Acts as counsel to investors on the enforcement of various ICSID awards in England.
- Advising ExxonMobil Corp. on public international law issues in US litigation brought against certain Cuban state-owned entities under the Helms-Burton Act.
Speaking Engagements
- "Reform in International Arbitration: New Approaches to Old Problems", GW - International Arbitration Students Association webinar, April 14, 2023
- Moderator, DRIG-Steptoe Oral Argument Workshop, American Society of International Law, October 6, 2020
-
Counsel, Mock Pre-Hearing Conference, Young ITA Roundtable Virtual Conference, June 17, 2020
- "The Role of Investor-State Arbitral Tribunals in the Development of Terms of Art also Existing in Customary International Law," McCoubrey Centre for International Law's "Making International Custom More Tangible" Conference, Hull, UK, July 3, 2015
- "The Adoption of Terms of Art in Bilateral Investment Treaties and its Consequences," ASIL Conference, Denver, CO, November 14, 2014
- "Curing Textual Indeterminacy in International Investment Treaties," International Institute for Academic Development Conference, Batumi, Georgia, August 23, 2014
News & Publications
Press Releases
Seven Steptoe Lawyers and the Real Estate Practice Recognized in Chambers UK 2024
October 19, 2023
Press Releases
Steptoe Receives Seven Practice Rankings, Seven Individual Awards in The Legal 500 UK 2024
October 4, 2023
First Tuesday Update
Three Part Series: UK Freezing Orders Against a Foreign State, Part Three
June 6, 2023
By: Thomas Innes, Steven K. Davidson, Michael J. Baratz, Molly Bruder Fox, Alex Green
First Tuesday Update
Three Part Series: UK Freezing Orders Against a Foreign State, Part Two
April 4, 2023
By: Thomas Innes, Steven K. Davidson, Michael J. Baratz, Molly Bruder Fox
First Tuesday Update
Three Part Series: UK Freezing Orders Against a Foreign State
March 7, 2023
By: Thomas Innes, Steven K. Davidson, Michael J. Baratz, Molly Bruder Fox
Press Releases
6 Steptoe Lawyers and the Real Estate Practice Recognized in Chambers UK 2023
October 20, 2022
Press Releases
Steptoe Receives Seven Practice Rankings, Six Individual Awards in The Legal 500 UK 2023
September 29, 2022
Media Mentions
Law360 and Carbon Pulse Report on Steptoe’s ICSID Arbitration Dispute Over Carbon Emission Trading
August 4, 2022
Media Mentions
Global Arbitration Review Quotes Matthew Coleman on the Elevation of Thomas Innes
December 2, 2021
Resources
Investor-State Arbitration Series
ICSID Annulment Committee Confirms Award Against Zimbabwe
November 26, 2018
Investor-State Arbitration Series
Managing Political Risk Through Bilateral Investment Treaties
October 2, 2018
Investor-State Arbitration Series
Investor-State Arbitration and "Fair and Equitable" Treatment
May 19, 2015
Investor-State Arbitration Series
Choosing an Arbitral Forum for Investor-State Arbitration
January 27, 2015
Investor-State Arbitration Series
Foreign Investors’ Options to Deal with Regulatory Changes in the Renewable Energy Sector
September 23, 2014
By: Matthew Coleman, Lucinda A. Low, Steven K. Davidson, Jeffrey F. Pryce, Thomas Innes
Investor-State Arbitration Series
How to Protect Investments in Russia and Ukraine Through International Arbitration
March 28, 2014
By: Matthew Coleman, Lucinda A. Low, Steven K. Davidson, Thomas Innes
Noteworthy
- Chambers UK, International Arbitration (2019-2024)
- Legal 500 UK, "Next Generation Partner," Public International Law (2023-2024)
- Legal 500 UK, "Rising Star," Public International Law (2021-2022)
- Legal 500 UK, Public International Law (2018-2024)
- Legal 500 UK, International Arbitration (2021-2024)
- Lord Denning Scholarship, Honourable Society of Lincoln's Inn
- Hardwicke Entrance Award, Honourable Society of Lincoln's Inn
- Richard R. Baxter and Hardy C. Dillard Memorial Awards (Jessup Moot 2009, KCL team)
Professional Affiliations
- Institute for Transnational Arbitration (ITA), Young ITA Programs Co-Chair (2023-present)
- Institute for Transnational Arbitration (ITA), Young ITA Mentorship Co-Chair (2021-2023)
- Institute for Transnational Arbitration (ITA), Young ITA Thought Leadership Chair (2019-2021)
- The Honourable Society of Lincoln's Inn
- Denning Society