Mr. Polkinghorne is a dual-qualified lawyer, resident in Paris where he heads the office's arbitration group. He has a broad range of experience in arbitration and litigation in the areas of energy, telecommunications, project finance, construction and infrastructure. He has served as counsel and arbitrator in arbitrations conducted under most major institutional rules and is the Australian member of the International Court of Arbitration of the ICC, where he is a member of the ICC taskforce on arbitrations involving state entities. He has covered disputes arising in many different countries, and has significant expertise in the area of foreign direct investment and acting for and against states.

Mr. Polkinghorne also has a significant transactional practice, advising clients in the energy and infrastructure development fields. He has advised a number of petroleum clients on projects in South East Asia, the Russian Federation, India and West and North Africa.

He is presently a member of the Legal Advisory Taskforce of the European Energy Charter Secretariat, which prepared a new edition of their Model Intergovernmental and Host Government Agreements for Cross-Border Pipelines. Mr. Polkinghorne also lectures on oil and gas issues regularly throughout the world.

Mr. Polkinghorne is consistently ranked in the top tier of arbitration practitioners in Paris. Chambers Global states that he is "praised for his 'spirited approach' and depth of experience” and that he has a "faultlessly analytical approach whether investigating the facts, writing submissions or examining witnesses."

Mr. Polkinghorne's recent work includes:

• Representing European buyers of gas in several price reopener disputes;
• Representing a state agency in a PCA dispute brought in relation to the Kyoto Protocol;
• Representing a state-owned gas company in an east-west gas supply, storage and transit dispute with claims in excess of USD 6 billion;
• Representing a majority owner in a joint venture mobile telecommunications company in a dispute arising out of the threatened divestment of its majority interest by its joint venture partner, the telecommunications arm of a Central European government;
• Representing the Ukrainian state in several unrelated disputes brought under bilateral investment treaties;
• Representing a vendor of a majority interest in a Central European mobile telecommunications company in a dispute with the purchaser;
• Representing the owner of a pharmaceutical company in two disputes against a Central European state accused of expropriating such interest;
• Representing an Asian state in a US$180 million UNCITRAL (bilateral investment treaty) arbitration against a European construction company;
• Representing a major petroleum company in an acquisition dispute over a Russian oilfield against a subsidiary of a state-owned oil company;
• Representing a major petroleum company in a PSA dispute involving the Russian Federation; and
• Representing a foreign infrastructure investor in claims against an African state.

Admitted to practice in both common and civil law jurisdictions, Mr. Polkinghorne is presently the Australian Member of the ICC. He has written extensively on energy dispute resolution and foreign investment, and provides courses on long-term energy contracts and dispute resolution. He also teaches at the Paris Bar School and several business schools.

Bars and Courts
Paris Bar
Solicitor of England and Wales
Solicitor and Barrister of the Supreme Court of South Australia

Education
LLM, (Hons) Queens' College, Cambridge University, (Commonwealth Scholar)
LLB, (Hons), University of Adelaide, South Australia (Stow Medalist)

Professional Associations and Memberships
Member of Legal Advisory Taskforce of the European Energy Charter Secretariat
Member of the ICC International Court of Arbitration

Awards and Recognition
Consistently ranked in the top tier of arbitration practitioners in Europe (Band 1 for France; Chambers Global 2012)
"The exceedingly talented Michael Polkinghorne climbs the ranking this year and is described as 'very sharp and one of the best in arbitration.'" - Chambers Global 2012
"Very talented, likeable and doing an excellent job." - Chambers Global 2012
"…known for his expertise in energy and track record on Ukrainian cases." - Chambers Global 2011
"Absolutely essential adviser on arbitration matters." - Chambers Global 2011
"'Has a serious portfolio of cases' in the energy area, including a number of disputes involving Eastern European countries." – Chambers Global 2011
Listed as a 'leading lawyer' in Who's Who Legal, Oil & Gas for 2010
Leading individual in International Arbitration: A "super lawyer [who is] particularly active in the energy sector" - Chambers Europe 2008
"Faultlessly analytical approach whether investigating the facts, writing submissions or examining witnesses" - Chambers Global
"Hard-working and well-informed, delightful and energetic" - Chambers Global
"Praised for his 'spirited approach' and depth of experience" - Chambers Global
"[Michael] was praised for his know how in energy related disputes" - The International Who's Who of Commercial Arbitration 2007

Publications
Co-author, "Chapter 11 – Provisional Application of the Energy Charter Treaty: the conundrum," Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty, February 2012
Co-author, "Barristers from the Same Chambers Appearing as Counsel and Arbitrator: Independence Revisited?" Dispute Resolution International, Vol 5, No 2, November 2011
Co-author, "The Scope of the Legality Requirement in Relation to Investments: Recent Case Law" Mealey's International Arbitration Report, April 2011
Author of the Paris Energy Series, a legal periodical which has to date covered (a) unitization of oil and gas fields, (b) gas price redetermination, (c) “pre-contract” agreements, (d) choice of law in international energy contracts, and (e) drafting oil and gas dispute resolution clauses (2009-2011)
Co-author, "Two steps forward, one step...sideways - recent developments in arbitration in China," Kluwer Law International's Journal of International Arbitration, 2008 (with Robert Pé)
Co-author, "Revision of the UNCITRAL Rules: The Current State of Play," Contemporary Asia Arbitration Journal, May 2008 (with Marily Paralika)
"Enforcement of annulled awards in France: the sting in the tail," International Construction Law Review, Vol. 25 Pt 1, 48, January 2008
Co-author, "French courts confirm that an award set aside at the seat of the arbitration can be enforced in France," IBA Journal, January 2008 (with Marie-Aude Ziadé)
"Unitisation or redetermination: right or obligation?," Journal of Energy and Natural Resources Law, Vol. 5, No 3, summer 2007
Co-author, "William Nagel v The Czech Republic: Is the Investment Question Jurisdictional Substantive or Both," Stockholm International Arbitration Review, 147, Vol. 2, 2006 (with Matthew Secomb)
Co-author, "Practical issues in arbitration practice involving the People's Republic of China," Mealey's International Arbitration Report, September 2006 (with Matthew Secomb)
Co-author, "Recent decisions confirms France's readiness to enforce international arbitral awards annulled at place of arbitration," Arbitration Committee of the Legal Practice Division of the International Bar Association Newsletter, Vol 11, No 2, September 2006 (with Leon Ioannou)

Languages
English
French

Citizenship
Australia