Overview

1
Negative International LawCambridge Profile
Gates Cambridge profile
   
Rules shape everything: what you wear, what you eat, the planes you fly in. Thousands of people must cooperate under shared rules for any of this to work. We rely on these norms to produce a coherent whole, like a machine that takes behaviour as input and returns a verdict: legal or illegal.

This engine runs on binary code, classifying the world into dualities: public and private, sovereign and subject, land and sea, crime and punishment, war and peace.

But sometimes it produces a result that cannot be traced back to its own logic. A conclusion that breaks free from the premises on which it was built. I research these moments of rupture, where international law loops back on itself, contradicts its own foundations, and escapes the very rules it claims to impose. From oil investment contracts in the 1960s Middle East, to the ownership of cyberspace; from Imperial Japan’s Mandate over the South Pacific, to the race for wealth in outer space; from AI-powered killer robots to private armies, the humanitarian fallout of 9/11, or the fight for the rights of nature itself, I trace these paradoxes.

I search for a theory of law that insists on negating itself.

University of Cambridge, Doctoral research, Supervised by Prof. Lorand Bartels, with advice from Prof. Tor Krever.



2Heaven in their Minds:
The Cultural Theory of Investment Claims
      Why do investors sue states? The usual answers, from politics, economics, bad state behaviour, are incomplete. They treat investors like interchangeable cogs, assuming a universal rationality that ignores culture. 

This research rethinks investor-state arbitration by looking not at what states do, but at how investors see. What if Investment Arbitration is a ritual, resonant with some cultures, yet alien to others?

Drawing from sociology, anthropology, cognitive sciences, I proposed the Cultural Theory of Investment Claims. It centres on a measurable variable: whether a society constructs the self as independent or interdependent. This distinction, between the “I” and the “we”, affects how investors perceive causality, assign blame, predict outcomes, and tolerate conflict.

Testing this against over 1100 real-world cases revealed a pattern. Even controlling for wealth and politics, a nation’s individualism score strongly predicts its investors’ tendency to arbitrate. The result: the top 10% most individualist countries hold nearly half of all investment claims filed. The top 10% most collectivist? Less than 1%.

It suggests investors aren’t just homus economicus. Echoing Clifford Gertz, they operate within "webs of significance they themselves have spun," and understanding those webs changes what we thought we knew about why they fight.


Queen Mary University of London, Masters Dissertation, Supervised by Dr. Rémy Gerbay.High Distinction awarded by the Queen Mary University of London

Subject of a presentation I gave in Tokyo, Japan




3Arbitrating with the State Articles



A lot of my work focuses on government contracts and public procurement, trying to understand how international rules and practices interact with state activities. Are they compatible? I look into the practicalities.

I’ve also dedicated myself to understand Brazil and Latin America. How has arbitration with these states developed? What are the effects of Brazil's new Government Contracts Act on settling disputes, whether through formal arbitration or other non-judicial methods? This involved tracing the evolution from earlier thinking to the current law and assessing whether the Brazilian model effectively protects investors. Part of this includes examining ideas like the BRAMIA model as a potential alternative to traditional ISDS.  

Beyond the specifics of Brazil or the CISG, I also look at the bigger picture. This includes detailed analysis of investor-state cases like Chemtura v. Canada and asking practical questions about efficiency: can arbitration genuinely improve the management of government contracts, and if so, how and when does it work best?
Several articles published on journals and books


Texts

Arbitration with State Entities





  • Chemtura Corporation v. Government Of Canada Award, Summary and Digest’, ICSID Reports V. 22, Cambridge University Press (Expected 2025).

  • CISG and Governement Contracts: Regulating International Public Procurement’ (Daily Jus, Jus Mundi, 2024)

  • Auction and Auction-like Processes under the CISG: Two Peas in a Pod?’ The Resolver: The Quarterly Magazine of The Chartered Institute of Arbitrators, (2025)

  • Government Contracts and the CISG: Frenemies?’ (The American Review of International Arbitration Blog, Center for International Commercial and Investment Arbitration, Columbia Law School, 5 Nov 2024)

  • BRAMIA: An Alternative do ISDS’ (Kluwer Arbitration Blog, 5 Dec 2023)

  • International Commercial Arbitrations and the Law 13.133/2021’ (from the original: Arbitragens Comerciais Internacionais e a Lei 14.133/202)’ (2023)  in Rodrigo Goulart de Freitas Pombo and Karlin Olbertz Niebuhr (eds), Novas questões em licitações e contratos: (Lei 14.133/2021).

  • The Brazilian Model of State Arbitration: the Protection of Foreign and Domestic Investors’ (from the original: O modelo brasileiro de arbitragem com o Estado: proteção de investidores estrangeiros e nacionais). In Costa, J. A. F., Pela, J. K., & Amadeo, R. C. M. R. (Eds.), Estudos em Homenagem ao Professor Hermes Marcelo Huck. São Paulo. (Jan 2024)
     
  • 'The development of arbitration involving State Parties in Brazil: comparative remarks with Latin America', (2022), 19, Revista Brasileira de Arbitragem, Issue 75, pp. 36-58
     
  • Arbitration as a Tool for Efficiency in Government Contract Management: Why, How, and When It Works’ Public Procurement Law Review, (University of Nottingham, 0963-8245, Jan 2024)
     
  • The modernisation of conflict resolution with public entities: from Arnoldo Wald’s lessons in 1962 to the Federal Law 14.133’ (from the original ‘A Modernização Da Resolução de Conflitos Com a Administração Pública: Das Lições de Arnoldo Wald Em 1962 à Lei 14.133’) in Selma Lemes, Fábio Ulhoa Coelho and Gustavo Tepedino Tepedino (eds), A Evolução do Direito no Século XXI. Seus princípios e valores - ESG, Liberdade, Regulação, Igualdade e Segurança Jurídica (Homenagem ao Professor Arnoldo Wald), vol 1 (1st edn, IASP 2022)
     
  • Non-judicial Means of Dispute Resolution under the Government Contracts Act’ (from the original ‘Meios Extrajudiciais de Resolução de Disputas Na Lei 14.133’) in Marcelo Harger (ed), Aspectos Polêmicos sobre a Nova Lei de Licitações e Contratos Administrativos (1st edn, Forum 2022)  



Technology and Arbitration


  • ‘Soft Law for Anxious Minds and Imaginary Problems: Why AI-Arbitration Guidelines Arrived Too Soon’ (Kluwer Arbitration Blog, 14 Jun 2025)  

  • ‘Arbitration Tech Toolbox: Deepfakes and the Decline of Trust’ (Kluwer Arbitration Blog, 4 Oct 2023)   

  • “AI and Dispute Resolution: A Powerful (New) Tool in International Commercial Arbitration” (2023). International Commercial Arbitration Practice: 21st Century Perspectives. Lexis Nexis.

  • ‘AI and IA: Notes on the impact of Artificial Intelligence in International Arbitration’. Conference Paper, XI Congreso Internacional de Arbitraje (Comité Colombiano de Arbitraje, 8 Jun 2023).  




Corruption and Arbitration

  • ‘Notes on the PI&D v Nigeria EWHC Decision’ Arbitration. Government contract. Corruption. Annulment. Bribery. England and Wales High Court [EWHC]. King’s Bench, Commercial Court. EWHC 2638 (Comm). Judge Mr Justice Robin Knowles. J. 23.10. 2023. Revista Brasileira de Arbitragem. 2024 Jun 1;20(81)

  • ‘Arbitration and Corruption: what can (and should) arbitrators do?’ (from the original ‘Arbitragem e Corrupção: O Que Os Árbitros Podem (e Devem) Fazer?’), Desafios da Arbitragem com a Administração Pública. Revista da AGU. Vol. 21, n 2, Brasília, abr/jun 2022.



Other

  • Technichal Note from the Chartered Institute of Arbitrators, Brazil Branch, policy report (2023) ‘A duty to disclose and a right not to?’ (Kluwer Arbitration Blog, 19 Aug 2024)  

  • ‘Impartiality and Disclosure: Will the Brazilian Supreme Court change the current standards?’ (Kluwer Arbitration Blog, 21 Jun 2023)
     
  • ‘The Newest Proposal to Amend the Brazilian Arbitration Act: A Threat to Arbitration in Brazil?’ (Kluwer Arbitration Blog, 29 Au-gust 2022)

  • ‘Exploration of Spaces in Airports After the Concessions: Mapping the Transition’ (from the original Exploração de áreas em aeroportos após as concessões: mapeando a transição). In: Perez, A. E., Sarra, A., Marcato, A., Mastrobuono, C., Baraldi, E., & Abdo, H. (Eds.), Resolução de Disputas em Infraestrutura. São Paulo.(December 2023)

  • ‘The Federal Government stablishes criteria for appointing arbitrators’ (from the original ‘União estabelece critérios para nomeação de árbitros em procedimentos’ (Migalhas, 10 March 2022)

  • ‘The Participation of the Public Prosecution in Mass Claims Arbitrations’ (from the original ‘A Participação Do Ministério Público Em Arbitragens Coletivas’) in Ana Luiza Nery and Rômulo Greff Mariani (eds), Arbitragem e Processo Coletivo (1st edn, Thompson Reuters Brasil 2022)




Talks and presentations

  • “The African Continental Free Trade Area and Investor State Dispute Settlement – A Shift in Africa’s Investment Protection Framework?” AfCFTA dispute resolution seminar organised by the Oil, Gas, Energy, Mining, Infrastructure Dispute Management – OGEMID, 2025.

  • “Does culture influence treaty litigation? A case-study of investment law” 16th Annual Conference of the Japan Chapter of the Asian Society of International Law. 中央大学, Tokyo, Japan, 2025.

  • “What can commercial arbitration offer Statesand private suppliers to preserve government powers without sacrificing legal protection to suppliers?” ADR and Public Procurement Symposium organised by the Oil, Gas, Energy, Mining, Infrastructure Dispute Management – OGEMID, 2025.

  • “Artificial Intelligence Applied to the Arbitral Process: Commentary on the Silicon Valley Arbitration & Mediation Center Guidelines on the Use of Artificial Intelligence in Arbitration” APA Arbitration Day organised by the Portuguese Arbitration Association. University of Lisbon, Lisbon, Portugal, 2025.

  • “Secret International Courts” Fitzwilliam College Postgratuate Talks, University of Cambridge, 2024.

  • “Arbitration and the new frontiers of Technology”, XVII Congress of Commercial Arbitration of Portugal organised by CAC. Lisbon, Portugal, 2024.

  • “AI and IA: The impact of Artificial Intelligence in International Arbitration”, XI Congreso Internacional de Arbitraje organised by the Comité Colombiano de Arbitraje, Bogotá, Colombia, 2023.

  • “Arbitration and Corruption: What can and should arbitrators do?”, event for the launch of the series ‘Challenges for State Arbitration’ organised by Brazil’s Attorney General Office, 2023.

  • “Writing rules for Plain English”. CAM-CCBC’s ‘Legal Writing’ course. São Paulo, Brazil, 2023.

  • “Debate about the draft bill to regulate arbitration with the state of Amazonas” organised by the House of Representatives of the State of Amazonas. Amazonas, Brazil, 2019.




Grants and honours

  • Fitzwilliam College Senior Scholarship Award on account of excellent intellectual achievement, University of Cambridge. UK, 2024. 

  • David Haywood Award from Fitzwilliam College, University of Cambridge. UK, 2024.
      
  • Yorke Award from the Faculty of Law, University of Cambridge. UK, 2024.
      
  • Gates Cambridge Scholarship Offer. UK, 2023. Gates Cambridge Interview

  • Harding Distinguished Postgraduate Scholar award. Cambridge, UK, 2023.
      
  • Cambridge International Trust Scholar award. Cambridge, UK, 2023.
      
  • PhD position offer from the Law School at the University of Oxford to research the sociology of Brazilian and international arbitration. Supervisor: Dr. Florian Grisel. Wolfson College, Oxford, UK, 2023.

  • PhD position offer from the Law School at Edinburgh University to research data patterns in investment arbitration. Supervisors: Filippo Fontanelli and Ana Maria Daza Vargas. Edinburgh, UK, 2022.

  • Comparative and International Dispute Resolution (CIDR) Prize awarded by the Queen Mary University of London for the best overall academic performance of a student in 2019/2020. 

  • Chevening Award issued by the UK’s Foreign and Commonwealth Office, aimed at fostering the studies of future global leaders. It funded the LLM at QMUL. London, UK, 2019. 

  • Motion of Applause issued by the Amazonas House of Representatives in respect to the work done with arbitration. Amazonas, Brazil, 2017.

  • Champion of the IV OAB/AM Moot Court Competition, organized by the Bar Association. Manaus, Brazil, 2016.

  • Champion and Best Oralist at the Federal University of Amazonas Moot Court Competition. Manaus, Brazil, 2016.

  • Champion and winner of the prizes of Best Memorandum for Claimant and Best Memoradum for Respondent at the III Northern Arbitration Moot Competition, organised by the Bar association. Manaus, Brazil, 2016.

  • Best Oralist and Best Memorandum for Respondent at the II Northern Arbitration Moot Competition, organized by the Bar Association. Manaus, Brazil, 2015. 

Leonardo F. Souza-McMurtrie
Arbitration and International Law