Kieran John McCarthy is a Senior Associate in Clifford Chance's international arbitration practice with a specialist focus on international trade law and public international law. He has acted as counsel in dozens of arbitrations (mainly in the energy, commodities and financial services sectors), representing clients in institutional and ad-hoc proceedings seated in London, New York, Paris, Washington D.C., Hong Kong, Dubai, Stockholm and Geneva, where he worked for several years. He has also acted for both private clients and governments in claims brought under various international investment treaties, including the Energy Charter Treaty, and in state-state international trade disputes before the WTO's Dispute Settlement Body.
Kieran is a regular speaker at international arbitration conferences, including those organised by Young ICCA, the ICC YAF and, in his native Ireland, Dublin International Arbitration Day. He has written extensively on disputes issues as diverse as early determination procedures, financial services-related treaty claims and future trends in international trade.
The High Court recently confirmed that alleged non-compliance with the provisions of a multi-tiered dispute resolution clause is exclusively a matter of admissibility for the arbitral tribunal and cannot lead to a successful jurisdictional challenge under Section 67 of the Arbitration Act. English law is now clearly aligned with the prevailing position internationally that a tribunal should decide on the admissibility of all claims before it, with narrow grounds for interference by national courts.