Emily Hay
Hanotiau & van den Berg
Australian and Belgian
Australia and Belgium
Taipei
Technology, nuclear energy, hydropower, fuel cell technology, oil and gas, banking, aggregates, construction, medical devices, IP, real estate, services, military equipment, consumer appliances, fast food, and aviation
English; Spanish (passive); French (passive)
Master of Laws in Advanced Studies in Public International Law (cum laude) 2011 – 2012
Bachelor of Arts and Bachelor of Laws (First Class Honours) 2002 – 2008
PUBLICATIONS
- ‘Data Protection and International Arbitration: Never the Twain Shall Meet?’ in P. Ortolani et al, International Arbitration and Technology (Wolters Kluwer, forthcoming)
- ‘Consumer Protection’ in J. R. Mata Dona and N. Lavranos (eds), International Arbitration and EU Law (Edward Elgar, 2021), with Niuscha Bassiri
- ‘The Invisible Arm of GDPR in International Treaty Arbitration: Can’t We Make It Go Away?’, Kluwer Arbitration Blog (29 August 2019)
- ‘The CETA Opinion of the CJEU: Right of Access to an Independent Tribunal’, Viewpoint (The UK Law Societies’ Joint Brussels Office, May 2019)
- ‘The Future of ISDS: Can’t See the Wood or the Trees’, Kluwer Arbitration Blog (28 February 2019), with Maarten Draye
- ‘Winds of Change? Confidentiality and Transparency in International Commercial Arbitration’ in C. González-Bueno (ed), 40 under 40: International Arbitration (Dykinson, S.L., 2018)
- ‘Arbitral Secretaries: Unnecessary Nuisance or Unsung Hero – A Practitioner’s View’ in Arbitral Secretaries: Reports from the joint NAI-CEPANI colloquium held on October 5, 2017 (Wolters Kluwer, 2018), with Maarten Draye
- Diplomatic Law in Belgium (Maklu Publishers, 2014), with Prof Frédéric Dopagne and Bertold Theeuwes
- ‘International(ized) Constitutions and Peacebuilding’ (2014) 27 Leiden Journal of International Law 141
- Australia section of ‘Privacy, E-Commerce, and Data Security’ (2013) 47 The International Lawyer 99 (International Legal Developments Year in Review: 2012, ABA Section of International Law)
- Contributions in The Privacy Advisor (International Association for Privacy Professionals) with Jan Dhont regarding BCRs for Processors (June 2013); EU Data Protection Reforms (December 2012, May 2012); Social Media (October 2012); Australian privacy law reform (July 2012)
- ‘Refugee Status in Australia and the Cessation Provisions: QAAH of 2004 v MIMIA’ (2006) 31 Alternative Law Journal 147, with Dr Susan Kneebone
SPEAKING ENGAGEMENTS
- Speaker, ‘Renewable Energy and ESG’, MNLU Mumbai Centre for Arbitration and Research, Global Energy Arbitration Conference (webinar, 4 December 2021)
- Speaker, ‘Winning Strategy for Asian Parties and In-house Counsel with Civil Law Background’, ICC YAF and CIArb Taiwan Chapter, Taiwan Arbitration Week (Taipei, 26 October 2021)
- Speaker, ‘Get Your Act Together: Everything You Need to Know About Data Protection in International Arbitration’, Paris Arbitration Week (webinar, July 2020)
- Speaker, ‘Alternative Dispute Resolution and Matters of Global Importance: Security of Critical Infrastructure in the Digital Age’, CIArb Dispute Appointment Service Convention (London, November 2019)
- Speaker, ‘Efficiency and Transparency in International Investment Arbitration’, Le Café Des Arbitres, Queen Mary University School of International Arbitration (Paris, May 2019)
- Speaker, ‘CJEU Opinion Concerning the CETA Investment Court System’, UK Law Societies’ Legal Breakfast Series (Brussels, May 2019)
- Speaker, ‘Investment Arbitration and EU Law’, CEPANI40 Seminar (Brussels, May 2019)
- Moderator, ‘Oral Advocacy’, Young ICCA Skills Training Workshop on Written and Oral Advocacy in International Arbitration (Copenhagen, April 2019)
- Speaker, ‘Inside the Arbitrator’s Mind: What Costs are Awarded and How are they Allocated?’, ASA Below 40 Seminar (Zurich, November 2018)
- Guest Lecturer, ‘Arbitration and Advocacy: Practical Session’, ICHEC Business and Management School (Brussels, November 2018, December 2015)
- Faculty Member, ICC Institute Training for Tribunal Secretaries (Singapore, June 2017)
- Member of the ICC Commission on Arbitration and ADR; ICC Commission Taskforce on Addressing Issues of Corruption in International Arbitration
- Young ICCA Mentoring Programme Coordinator, 2020-2022; Buddy 2018-2019
- Rapporteur to the ICCA Judiciary Committee, 2020 - present
- Rapporteur to the ICCA-IBA Joint Task Force on Data Protection in International Arbitration Proceedings
- Founding Member, ARBinBRIEF, a practical video guide on arbitration issues
- Founding Administrator, MetaverseLegal, dedicated to legal implications of the metaverse
- Business at the OECD (BIAC) Anti-Corruption Committee
- Steering Committee, ICC YAF Events: “Read Between the Lines. The Unwritten Rules of a Career in International Arbitration”, (Part I: 14 May 2021; Part II: 18 January 2022)
- Steering Committee, CEA-40 Event: “Jurisdiction and Evidence in Sports Arbitration”, 21 February 2020
- Member of ICCA, Young ICCA, IBA, ICC Australia, ICC YAF, CEA, CEA-40, ArbitralWomen, CEPANI40, YIAG, ACICA 45, YSIAC, HK45
Arbitrator, counsel, tribunal secretary and assistant to the tribunal in international commercial and investment treaty arbitrations, both ad hoc and under various institutional rules (ICC, LCIA, SCC, ICSID, SIAC, UNCITRAL, CEPANI, DIAC, DIFC-LCIA). I also assist on court litigation related to the set-aside and enforcement of arbitral awards.
I currently split my time between the Brussels and Singapore offices of HVDB. I am listed on the HKIAC List of Arbitrators, the KCAB INTERNATIONAL Panel of International Arbitrators and the Thailand Arbitration Centre (THAC), with arbitral appointments also by the ICC and the DIFC-LCIA.
I advise on data protection and privacy matters and regularly write and speak on the issue of intersections between data protection law and international arbitration.