Anna Kirk

Contact

Telephone: ++64 9 886 1472

Mobile: ++64 22 075 1206

[email protected]

Arbitrator, Adjudicator, Barrister

PhD, LLB(hons), BA, FAMINZ (Arb)

Anna is a specialist in commercial and investment arbitration.   She has over 11 years’ experience in arbitration, and almost 15 years’ experience in commercial law more generally.  Anna offers services as counsel in commercial and investment disputes, as well as specialist arbitration advice.  Anna also accepts appointments as arbitrator / adjudicator.

Prior to joining Bankside Chambers as a barrister, Anna worked with Sir David Williams KNZM, QC at Bankside Chambers.  She also spent a number of years at a major international law firm in London specialising in international arbitration.

Anna has significant experience in commercial disputes, including contract, tort and equity claims.  She has acted in disputes across a wide range of industries and sectors, including mining, energy, shipping, telecommunications and finance.

Anna’s arbitration experience spans multiple jurisdictions and arbitral institutions.  She has significant experience in arbitrations under the ICC, LCIA, SIAC, UNCITRAL and ICSID arbitration rules.  She is also a fellow of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ).

In addition to her expertise in commercial disputes, Anna is often involved in disputes that raise issues of public international law and public policy.  She has assisted international arbitral tribunals in numerous investment treaty disputes and has a PhD from the University of Cambridge in public international law (specialising in business and human rights).

Anna has written extensively on international arbitration.  She is a contributing author to Williams & Kawharu on Arbitration (first and second editions).  She has also contributed chapters/articles to a number of books and publications.  Anna co-lectures a masters level paper at the University of Auckland in international arbitration.

 

Recent and Notable Cases

  • Global Consulting Firm (client) v. Large European Bank (ICC, Vienna)

Dispute concerning breach of a procurement contract, as well as claims of fraud and negligence.

  • International Commodities Trading Company (client) v. Indonesian Coal Producer (ICC, London)

Dispute concerning breach of coal trading agreement, force majeure declaration and state-imposed export restrictions.

  • United States (client) v Canada (LCIA, London)

Assisting the Government of the United States in two arbitrations concerning alleged breaches of the Softwood Lumber Agreement between the US and Canada (tariffs, export regulations and subsidies).

  • Russian Multinational Company (owned by Oligarch) v. International Law Firm (client) (LCIA, London)

Dispute concerning allegations of breach of professional / fiduciary duties.

  • Middle Eastern State v. Middle Eastern State (ICC Rules, Paris) (Tribunal Secretary)

Dispute concerning breach of Oil Pipeline Agreement.

  • Korean Conglomerate v. Canadian Multinational (SIAC Rules, Singapore) (Tribunal Secretary)

Contractual dispute between two international fashion retail companies under a Distribution Agreement.

  • Indonesian Coal Mining Company v. Indonesian Mining and Construction Services Company (UNCITRAL Rules, Singapore) (Tribunal Secretary)

Dispute over the pricing arrangements to be applied following a contractual pricing review under an Operating Agreement Mining Services Agreement.

Qualifications and Career

LLB (Hons) (Waikato) (2001)

BA – Political Science and French (Waikato) (2001)

PhD – International Law (Cambridge) (2007)

Admitted as a Barrister and Solicitor of the High Court of New Zealand (2000)

Admitted as a Solicitor England and Wales (2008)

Barrister Sole (2018)

Awards:

2003 – 2006 W.M. Tapp Studentship in Law – Gonville & Caius College, Cambridge

2003 – 2006 Overseas Research Students Award – Universities UK

2004 Cambridge Commonwealth Society – Admitted as a Fellow

2002 Cleary Memorial Prize – New Zealand Law Foundation

Writing:

A Kirk “Analysis of the AANZFTA” in L. Mistelis et. al (eds) World Arbitration Reporter (Juris Publishing, forthcoming)

D Williams and A Kirk “Party Autonomy, Jurisdiction and the Integrity of the Arbitration: limits and limitations” in M. Moser and N. Kaplan (eds) Jurisdiction, Admissibility and Choice of Law in International Arbitration (Kluwer Law International, 2018)

D Williams and A Kawharu (with Contributing Authors: A Kirk, D Kalderimis and W. Miles) Williams & Kawharu on Arbitration (second ed.) (Lexis Nexis, 2017)

A Kawharu and A Kirk “Arbitration” [2016] New Zealand Law Review 615

D Williams and A Kirk “Fair and Equitable Treatment of Witnesses in International Arbitration – Some Emerging Principles” chapter in D. Caron et al (eds) Practising Virtue – Inside International Arbitration (OUP, 2015)

A Kirk “Document Disclosure in Litigation and Arbitration” New Zealand Law Journal (May, 2012) 123

D Williams and A Kawharu (with Contributing Authors: A Kirk, D Kalderimis and C. Walker) Williams & Kawharu on Arbitration (first ed.) (Lexis Nexis, 2011)

S Brabant and A Kirk, “States, Sanctions and Soft Law: An Analysis of Differing Approaches to Business and Human Rights Frameworks” chapter in T Weiler and F Baetens (eds) New Directions in International Economic Law (Nijhoff, 2011)

M Weiniger and A Kirk “Commentary on the new ASEAN Comprehensive Investment Agreement” Global Arbitration Review (2009)

A Kirk “Corporations and Human Rights: Two Key Developments” 33 South African Yearbook of International Law (2008) 38

Career:

2000-2003 – Solicitor, Chapman Tripp (Wellington)

2003-2006 – University of Cambridge

2007-2010 – Associate/Senior Associate, Herbert Smith LLP (London)

2011-2017 – Junior Barrister, Sir David Williams KNZM, QC (Bankside Chambers)

2018- present – Barrister, Bankside Chambers

Affiliations

Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ)

Co-Chair of the International Economic Law Interest Group of ANZSIL (Australia New Zealand Society of International Law)

New Zealand Bar Association

HK45 (Hong Kong International Arbitration Centre)

Auckland Women Lawyer’s Association