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Clifford Chance

Clifford Chance
Elliot Luke

Elliot Luke

Counsel

Counsel
Elliot Luke

Elliot Luke specialises in international commercial arbitration, investor-State arbitration, and public international law. He has particular experience acting for corporate clients in disputes under international investment treaties relating to investments in Latin America and Africa.

Elliot has experience across a variety of sectors, including mining, oil and gas, energy, pharmaceuticals, and technology. He has acted in international arbitrations under the ICSID, UNCITRAL, ICC, AAA and LCIA Rules. In addition to acting in international arbitration proceedings, Elliot also advises clients on investment structuring, including the investment protections available under relevant bilateral investment treaties and free trade agreements. Elliot also maintains an active pro bono practice, with a particular focus on public international law, including international environmental law and international human rights law.

Elliot speaks fluent Spanish and is proficient in French and Portuguese. He is admitted to legal practice in Victoria and New York, and as a Special Legal Consultant in the District of Columbia.

International Arbitration

  • Acting for Greenland Minerals A/S in a dispute with the governments of Greenland and the Kingdom of Denmark regarding legislative measures taken against the Kvanefjeld Technology Metals Project (ad hoc, Copenhagen seat).
  • Acting for EEPL Holdings in a dispute with the Republic of the Congo under the Mauritius-Congo BIT relating to EEPL's investments in two iron ore projects (ICSID Case No. ARB/21/53).
  • Acting for Congo Mining Ltd SARLU and Midus Holdings Limited in a dispute with the Republic of the Congo under the UK-Congo BIT relating to their investments in an iron ore project (ICSID Case No. ARB/21/58).
  • Acting for Sundance Resources Limited and Congo Iron S.A. in relation to an ongoing ICC arbitration against the Republic of the Congo concerning the expropriation of a large-scale iron ore project.
  • Acting for Odebrecht Latinvest S.à.r.l. against the Republic of Peru in relation to measures taken by the State in relation to Odebrecht's investment in a gas pipeline (ICSID Case No. ARB/20/4).
  • Acted for Eco Oro Minerals Corp. in an ICSID arbitration against the Republic of Colombia in relation to the implementation of environmental measures affecting Eco Oro's investment in a gold mine (ICSID Case No. ARB/16/41).
  • Acted for Glencore International A.G., C.I. Prodeco S.A. and Sociedad Portuaria Puerto Nuevo S.A. in an ICSID arbitration against the Republic of Colombia relating to an investment in the port sector (ICSID Case No. ARB/19/22).
  • Acted for a major global energy and petrochemical company in a dispute with a Latin American State in relation to tax measures.
  • Acted for a global corporation in a post-M&A dispute under ICC Rules.
  • Acted for an online streaming service in an AAA arbitration with a digital content-provider.

Advisory work

  • Advised a UK-based private equity firm on the investment treaty implications of a proposed corporate restructuring.
  • Advised a foreign investor on investment treaty protections available for a long-term investment in the gas sector in an African State.
  • Advised a major global mining company on the investment treaty implications of a proposed corporate restructuring.
  • Advised an ASX-listed company on investment treaty structuring for its investments in a uranium mine.

Conferences, presentations, panels, etc.

  • "Quantifying Damages in Arbitrations involving Mining Projects", ITA Conference on International Arbitration in the Mining Sector, Toronto, 9 March 2023 (panellist).
  • "What do you need to know? ICJ Advisory Opinion on the Obligations of States in respect of Climate Change", Clifford Chance webinar, 18 January 2023 (panellist).

News and client work

View all news and client work featuring Elliot Luke

Contact details

Career and qualifications

  • University College London (BA), 2003
  • London School of Economics and Political Science (MSc), 2004
  • University of Melbourne (JD), 2010
  • Admitted as a Lawyer in Victoria, 2011
  • Lawyer, Allens (Melbourne), 2011
  • Research Fellow, Melbourne Law School, 2012
  • University of Cambridge (LLM), 2015
  • Foreign-qualified lawyer, Freshfields Bruckhaus Deringer (Paris), 2015
  • Associate, Herbert Smith Freehills (London), 2016
  • Associate, Freshfields Bruckhaus Deringer (Washington, DC), 2016
  • Admitted as a Special Legal Consultant in the District of Columbia, 2017
  • Admitted as an Attorney-at-Law in New York, 2021
  • Joined Clifford Chance, 2021

Professional bodies

  • Law Society of Western Australia
  • Australia-Latin America Business Council