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The former secretary general of the International Centre for the Settlement of Investment Disputes (ICSID), Meg Kinnear, is joining forces with former Steptoe & Johnson arbitration partner Lucinda Low to launch a new dispute resolution firm.
Based in Washington DC, the firm will be known as LKDR LLC (Low & Kinnear Dispute Resolution), according to an announcement by the principals on LinkedIn. It will adopt a chambers-style model, with both lawyers practising independently but sharing expenses, and focus on arbitration, mediation, conciliation and early neutral evaluation. Both lawyers will be equally available for appointments starting in October.
In a joint statement, Kinnear and Low said: “We decided to open LKDR as we share many similar views on the conduct of dispute resolution proceedings. We believe that disputing parties are entitled to information about the process, well-prepared decision-makers, respectful and productive hearings, ambitious but fair timetables and responsive arbitrators who prioritise their case.”
Kinnear stood down as ICSID secretary general at the start of July having joined the institution in 2009. She previously worked as senior general counsel (2006-2009) and director general of the Trade Law Bureau of Canada (1999-2006), before which she served as executive assistant to the Deputy Minister of Justice of Canada (1996 -1999) and counsel at the Civil Litigation Section of the Canadian Department of Justice (1984-1996).
Kinnear, a strong advocate of investor-state dispute settlement (ISDS), delivered the closing keynote address at London International Disputes Week this year. She highlighted ICSID’s substantial growth during her 15-year tenure in her speech.
The centre gained 15 new member states and 1,018 cases during her time, with 57 cases in 2023, the third-highest caseload in its history. This was a slight reduction from the 66 cases filed in 2021, the centre’s most successful year for case registrations.
While ISDS has not been without its critics, not least from civic society groups, Kinnear’s tenure over three consecutive terms saw her introduce new procedural rules for resolving international investment disputes, alongside refining ICSID’s existing rules for arbitration, conciliation and fact-finding. She also oversaw the introduction of new mediation rules in the light of the Singapore Convention, which celebrated its fifth-anniversary last week.
Kinnear’s deputy, Martina Polasek, succeeded her as the new ICSID secretary general in July. Like Kinnear, the dual-nationality Czech-Swedish lawyer has an extensive pedigree at ICSID, joining in 2001 and becoming deputy secretary general in 2016. Before joining ICSID, Polasek spent a short period at Jeantet in Paris in 1997 and three years at White & Case in her native Prague.
Low, meanwhile, leaves Steptoe after a long career, which saw her serve in leadership roles at the firm including several terms on its executive committee as its international practice leader and as co-chair of its international arbitration practice. She took senior counsel status at Steptoe at the start of this year after 18 years as a partner at the firm, having previously spent 13 years as a partner at Miller & Chevalier.
Low has served on various international bodies, including the World Justice Project, and was a member of the US Secretary of State’s Advisory Committee on International Law. She is also a former president of the American Society of International Law and a former chair of the ABA Section of International Law.
The launch of LKDR comes as several arbitration lawyers have left practice to follow career aspirations. David Brynmor Thomas KC left 39 Essex Chambers to join Newman’s Row last month as an independent arbitrator. Texan arbitrator and former Akin Gump partner Richard Levin also moved to the London arbitrator-only set today.
Meantime in July Arbitra International announced the arrival of Slovenian energy arbitrator Ana Stanic from her boutique firm, E&A Law, around the same time that former ADNOC senior legal counsel Lara Hammoud became a full-time arbitrator with the concierge-style service.
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