Dr. Katherine Simpson, Esq. is a full-time Arbitrator with a global practice and experience in business, commercial, consumer, employment, US labor, and investment disputes valued at up to US$ 2.6 billion. She is a panel member with many leading dispute resolution institutions and an Academic Affiliate at the University of Michigan. She publishes and speaks frequently on topics related to alternative dispute resolution (ADR), ESG, equality, and artificial intelligence (AI).
She is experienced in in-person, virtual, and "on the documents"-proceedings.
Dr. Simpson is an arbitrator and does not provide barrister services.
Arbitration is a private, out-of-court dispute resolution process where the parties empower a neutral third person to render a final decision that resolves their dispute. The arbitrator's role is to foster a fair and efficient process that enables each party to present his or her case, and to receive a timely, enforceable resolution.
Dr. Simpson has the following arbitration & mediation expertise:
Dr. Simpson has experience in investor-state disputes and also has experence in commercial cases involving state-owned or state-related enterprises, including cases related to the hospitality industry, renewable energy, mining, oil & gas, construction, financial services, entitlement to subsidies, concessions, social license to operate, most-favored nation treatment, allegations of expropriation, and financial disputes.
Publically available cases that she has participated in include:
Dr. Simpson is an attorney who is admitted to practice law in Maryland and New Jersey, USA.
She is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and of the College of Commercial Arbitrators (CollArb).
Attended arbitration training with the Chartered Institute of Arbitrators (CIArb), American Bar Association (ABA) Training Institute, International Chamber of Commerce (ICC), Federal Mediation and Conciliation Service (FMCS), Hague Academy on International Law, Cologne Academies on Arbitration and Mediation, Paris Arbitration Academy, and American Arbitration Association (AAA).
Recent training includes: Online Dispute Resolution (ODR) Masterclass; AAA Arbitration Fundamentals and Best Practices for New AAA Arbitrators, 2021; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards, 2021; Energy Arbitration, African Energy Arbitrators' Forum, 2021; FINRA Dispute Resolution: Arbitrator Training Program, 2021; ACE21 Impartiality: Do You Know Where Your Biases Are? 2021; ACE20 Cyber Security: A Shared Responsibility, 2021; ADS 19 - Case Finances: What Arbitrators Need to Know ICDR International Symposia in Advanced Case Management, 2019; ICC training sessions held in New York, Detroit, and Atlanta, 2018; FMCS - Becoming a Labor Arbitrator; FMCS - Arbitrating in the Federal Sector; A Practical Guide to the Consumer Arbitration AAA's Administrative Review Council, 2022 ACE 22 - Process Essentials for AAA Arbitrators, 2022
University of Michigan, Ann Arbor, Michigan USA (2016 - Present)
University of Bucharest, Bucharest, Romania (2015, 2016)
University of Cologne, Cologne, Germany (2009 - 2013)
CETA – Where Are the Women? Diffusing the Thought-Terminating Clichés That Impeded Diversity in Sustainable Diversity in International Arbitration (Edward Elgar Publishing, 2022) (with Dr. Anthony Scott Marcum)
Are Rosters a Solution to the Lack of Diversity of Arbitrators and Women in Arbitration in Edward Elgar International Economic Law Encyclopedia (2022, forthcoming)
Conclusion in Social License & Dispute Resolution in the Extractive Industries (Boston: Brill, 2021)
The Commission’s Priority: ‘A Balanced and Progressive Trade Policy to Harness Globalization in Politicizing EU Policies – The Juncker Commission 2014 – 2019 (Nomos, 2020)
International Arbitration in the U.S. in Handbook on U.S. Law (Hart Nomos Beck, 2020)
Arbitrator ‘Intelligence’ and the Mysterious Brown M&M, 52 U. Tol. L. Rev. 27 (2021)
The Diversity Dividend, 52 U. Tol. L. Rev. 447 (2021)
Cleaning Up After A Self-Coup: A Case for Reconciliation (JURIST – Academic Commentary, 18 Jan. 2021) (with Anthony Marcum) (available at: https://www.jurist.org/commentary/2021/01/marcum-simpson-self-coup-reconciliation/)
International Commercial Arbitration Diversity: The Numbers Are Askew (JURIST – Professional Commentary, 17 June 2020). (available at: https://www.jurist.org/commentary/2020/06/katherine-simpson-international-arbitration- diversity-part2/).
"Schiedsgerichtsbarkeit in den USA – Recht und Praxis." In US-Rechtspraxis, edited by Kirk W. Junker, 145-73. De Gruyter Praxishandbuch. Berlin: De Gruyter, 2017. (translated: International Commercial Arbitration – Intersections with U.S. Law in Handbook for U.S. Law (de Gruyter, 2017))
Financial Inclusion & Consumer Empowerment – US and EU Legislation & International Soft Law (Frankfurt School Verlag, 2015)
UNCITRAL arbitral tribunal, in unpublicized ruling, finds that Chinese BIT extends to Macao under “moving treaty frontiers” rule (Investment Arbitration Reporter (IA Reporter), 21 July 2014)
Arbitrators say China BIT allows them to determine if expropriation occurred, but MFN can't be used to broaden jurisdiction further (IA Reporter, 21 July 2014) (with Luke Eric Peterson)
Annulment is not an appeal: ICSID ad hoc committee dismisses Paraguay's application to annul SGS v. Paraguay award (IA Reporter, 13 June 2014)
its local business partner (Minnotte & Lewis v. Poland) (IA Reporter, 6 June 2014) (with Luke Eric Peterson)
Recourse to negotiating papers leads arbitrators to conclude that Indonesia intended to offer advance consent to arbitrate in its BIT with the UK (IA Reporter, 27 Feb. 2014)
Tribunal rules that Australia BIT does not express advance consent to arbitration; a dozen other Australian treaties are worded similarly (IA Reporter, 27 Feb. 27, 2014) (with Luke Eric Peterson)
UNCITRAL tribunal makes "abuse of process" finding in face of belated move to take on foreign ownership in order to press claims against state (IA Reporter, 25 Feb. 2014) (with Luke Eric Peterson)
In now-available UNCITRAL award, tribunal chaired by Brigitte Stern says that MFN clause cannot be used to broaden jurisdiction of Germany-Bulgaria treaty (IA Reporter, 25 Feb. 2014) (with Luke Eric Peterson)
Bulgaria obtains enforcement of costs award; court dismisses investor's belated allegation of arbitrator bias due to issue-conflict (IA Reporter, 14 Feb. 2014) (with Luke Eric Peterson)
Massachusetts v. EPA: Supreme Court Ruling Spurs Green Investment, 14 U. Balt. J. Env. L. 189 (Spring 2007)