Janet Whittaker specialises in complex international arbitration and litigation. She has handled international commercial and investment treaty arbitrations held under the auspices of arbitration institutions, including the International Chamber of Commerce (ICC), International Centre for Settlement of Investment Disputes (ICSID), American Arbitration Association (AAA/ICDR), and London Court of International Arbitration (LCIA). Her matters have involved a broad range of industries including energy, financial services, infrastructure, insurance, information technology, mining, and oil and gas.
Janet has represented clients in U.S. federal courts and in proceedings before English courts. She advises on jurisdiction, discovery in international disputes, enforcement of arbitration agreements and awards, and cross-border judgment enforcement. She also provides strategic guidance on drafting dispute resolution clauses and structuring foreign investments to achieve treaty protection.
She counsels clients on issues relating to foreign sovereign immunities and has an active pro bono practice representing clients in matters involving international human rights law, including human rights and business.
She previously served as Legal Counsel at the International Centre for Settlement of Investment Disputes. She has been a Lecturer in International Arbitration at Stanford Law School and taught European Law at University College London. She also sits as arbitrator.
- A Latin American company in a commercial arbitration arising out of a joint venture agreement for the exploration, development, and production of hydrocarbons in Latin America
- A Latin American joint venture company on commercial arbitrations arising out of a major construction project in Latin America
- U.S. investors in ICC and bilateral investment treaty international arbitrations arising out of the expropriation of the multi-billion dollar Dabhol Power Project in India
- Advising an Argentine client in connection with an action for breach of contract and tort in the U.S. District Court for the Southern District of New York and the Second Circuit Court of Appeals, involving issues relating to foreign sovereign immunity, forum non conveniens, and the act of state doctrine
- Advising a North American client on the enforceability of U.S. class action judgments in overseas jurisdictions
- Representing a client involved in a multi-jurisdictional cartel investigation and coordinating with foreign counsel in related U.S. civil litigation
Transactional and Deal Counseling
- Counseling clients on issues relating to foreign sovereign immunities
- Providing strategic advice on drafting dispute resolution provisions and on litigation and enforcement risk
- Advising on how to structure transactions to achieve investment treaty protection
- Advising on drafting indemnity provisions and managing potential risks in relation to indemnity protections
- A US metals company in an arbitration relating to the supply of bulk metals
- The Dominican Republic in two international investment treaty arbitrations and a related ICC case relating to privatization of the country’s electricity sector
The WTO Appellate Body crisis – A way forward?
19 November 2019
Climate change litigation: tackling climate change through the courts
22 October 2019
Career and qualifications
- University College London (LLB Laws with Italian Law) 1995
- College of Europe, Bruges (LLM in European Community Law) 1996
- Admitted as a solicitor in England & Wales 1999
- University of Bristol (Diploma in Intellectual Property Law and Practice) 2000
- Admitted as an Attorney-at-Law in New York 2005
- Admitted as an Attorney-at-Law in Washington, DC 2014
- Joined Clifford Chance 2016
Awards and citations
- Featured in Who's Who Legal and recognized in the Legal 500 for international arbitration
- Commended in Global Arbitration Review's "Leading Lights in International Arbitration 45 under 45" Feb. 2006
- Co-Chair, Young ICCA Mentoring Programme
- International Bar Association, Member of the Arbitration Committee
- International Bar Association Mediation Committee, Member of the Sub-Committee responsible for drafting the International Bar Association Rules for Investor-State Mediation
- Secretary to the International Commercial Disputes Committee of the Association of the Bar of the City of New York, Sept. 2007-Jun. 2010
- Member of the Faculty of the Chartered Institute of Arbitrators Taught the Diploma Course in International Arbitration, Oxford University, Sept. 2009 Pepperdine University. April 2007
- Delegate of the Association of the Bar of the City of New York to the 48th Session of the UNCITRAL Working Group II (International Arbitration), Feb. 2008
- Member of the ICC Commission on Arbitration Task Force on the New York Convention, 2007-2008
- Secretary to the Arbitration Committee of the International Institute for Conflict Prevention and Resolution, 2005-2006