Elliot Luke advises on cross-border investment protection, including international commercial arbitration, investor-State arbitration, and public international law. He has particular experience acting for corporate clients in disputes under international investment treaties relating to investments in Latin America and Africa.
Elliot has experience across a variety of sectors, including mining, oil and gas, energy, pharmaceuticals, and technology. He has acted in international arbitrations under the ICSID, UNCITRAL, ICC, AAA and LCIA Rules. In addition to acting in international arbitration proceedings, Elliot also advises clients on how to protect their international investments and mitigate risk, including by accessing the protections available under international investment treaties and free trade agreements. He also maintains an active pro bono practice, with a particular focus on public international law, including international environmental law and international human rights law.
Elliot speaks fluent Spanish and is proficient in French and Portuguese. He is admitted to legal practice in Victoria, New York, the District of Columbia and Texas.
Investment Arbitration
- EEPL Holdings in an ICSID arbitration against the Republic of Congo under the Mauritius-Congo BIT concerning the alleged expropriation of the Badondo Iron Ore Project
- Midus Holdings and Congo Mining SA in an ICSID investment arbitration against the Republic of Congo following the revocation of its mining licence for the Mayoko-Moussondji Iron Ore Project
- Bright Mountain Pty Ltd in an ICSID Additional Facility arbitration under the AANZFTA against the Republic of the Union of Myanmar concerning the Bawdwin Lead Silver Project
- Cadence Minerals and REM Mexico Ltd in a dispute under the UK-Mexico BIT in relation to Mexico’s cancellation of the concessions comprising the Sonora Lithium Project
- Odebrecht Latinvest S.a.r.l. in an ICSID arbitration against Peru in relation to Peru’s expropriation of its investment in a gas pipeline
- Greenland Minerals Ltd in an arbitration against the Government of Greenland and the Government of Denmark regarding legislative measures taken against the Kvanefjeld Technology Metals Project (ad hoc, Copenhagen seat)
- Sundance Resources Limited and Congo Iron SA in an ICC investment arbitration against the Republic of Congo following the revocation of its mining licence for the Nabeba-Mbalam Iron Ore Project
- Sundance Resources Limited and Cam Iron SA in an ICC investment arbitration against the Republic of Cameroon following the government’s refusal to grant a mining permit for the Mbalam-Nabeba Iron Ore Project
- Autopistas del Atlántico, S.A. de C.V. in a contractual ICSID arbitration against the Republic of Honduras relating to the construction and operation of a toll road.
- Eco Oro Minerals Corp. in an ICSID arbitration against the Republic of Colombia relating to environmental restrictions impacting Eco Oro’s investments in a gold mine*
- Glencore International A.G., C.I. Prodeco S.A. and Sociedad Portuaria Puerto Nuevo S.A. in an ICSID arbitration against Colombia relating to antitrust measures affecting the claimants’ investments in a port*
- a major global energy company in a treaty dispute with the Republic of Ecuador arising from the implementation of retrospective tax measures (settled)*
- the Republic of Chile in an international boundary dispute with the Plurinational State of Bolivia before the International Court of Justice*
Advisory Experience
- advising a multinational logistics company on investment treaty protections available for its port and cargo terminal investments across its entire global asset portfolio
- advising a US mining company on post-M&A obligations to the Sellers of a mining asset in the context of a potential investment treaty claim against a Latin American State
- advising an Australian mining company on investment protection strategies for a lithium project in Argentina
- advising an Australian mining company on investment protection strategies for a uranium mine in Namibia
- advising a Middle Eastern conglomerate on investment protection structures for a portfolio of investments in North Africa and the Middle East
- advising a consortium of major energy companies in negotiations with an African government in relation to an LNG project and processing plant
- advising a UK-based investment fund in relation to the potential restructuring of its assets to gain investment treaty protection of its real estate investments ahead of a potential divestiture
- advising a major bank on the availability and nature of claims potentially available to it in relation to the seizure of its assets in the Republic of Lebanon
- advising an international organisation on the interaction of norms of international environmental law and the United Nations Convention on the Rights of the Child
- advising multiple government agencies in relation to a recent United Nations General Assembly request for an Advisory Opinion from the International Court of Justice concerning the international obligations of States to protect against climate change
- advising a New York-based hedge fund on the investment treaty protections potentially available for a potential long-term investment in the utilities sector in a Middle Eastern State*
- advising a Canadian mining company on investment protection strategies for a mining project in Turkey
Public Speaking Engagements
- "Arbitration of ESG Disputes", Africa Arbitration Academy, 2023, 2024 and 2025 (panellist)
- "Instruments contractuels et structuration juridique des investissements miniers en Afrique" and "Téchniques des accords transactionnels entre l'État et les investisseurs minier et petroliers en Afrique", African Weekend on Mining and Energy Law, 9-11 May 2025, Conakry (panellist)
- "Parallel Proceedings in the context of investor-State disputes: ISDS plus one?", Brisbane, 15 October 2024, (panellist)
- "Francophone Africa in Western Australia Forum", sponsored by the French-Australian Chamber of Commerce and Industry, Clifford Chance, the Australia-Africa Minerals & Energy Group, and the Alliance Française, Perth, 5 September 2024, (panellist)
- "Latin America Unlocked", sponsored by Paydirt Media, 18 July 2024, Perth (panellist)
- "Quantifying Damages in Arbitrations involving Mining Projects", ITA Conference on International Arbitration in the Mining Sector, Toronto, 9 March 2023 (panellist)
- "What do you need to know? ICJ Advisory Opinion on the Obligations of States in respect of Climate Change", Clifford Chance webinar, 18 January 2023
* Experience prior to joining Clifford Chance
News and client work
Contact details
- Clifford Chance, Perth
- +61 8 9262 5525
- Email me
- Speaks English, French, Spanish, Portuguese
- Practice area Litigation, dispute resolution & risk management
Career and qualifications
- University College London (BA), 2003
Professional bodies
- Law Society of Western Australia
- Australia-Latin America Business Council