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Professor C Chatterjee, LLM (Cambridge), LLM, PhD (London), Barrister

Visiting Professorial Fellow for European Banking and Finance

Profile

Dr C Chatterjee who studied law at the University of Cambridge and the University of London held until recently a professorial position in international business law at London Metropolitan University.  He is now attached to the Global Policy Institute of the same University, of which he is a founding member.  He is also a Visiting Professor in Warwick University and in the Centre of Commercial Law Studies, Queen Mary, University of London.  He taught a number of subjects exclusively on LLM programmes for over 20 years.

Dr Chatterjee is also a Barrister in England and Wales and has been practising law since January 1994.  The principal areas of his practice have been: commercial law, including banking, trade, insurance and insolvency; matrimonial, immigration and professional negligence.

He frequently worked as a legal consultant with the World Health Organization and the International Labour Office.  The World Health Organization appointed Dr Chatterjee as a Rapporteur several times to develop scientific papers on issues such as family health care, aid and prevention of drug abuse.  He was also a legal consultant to the Commonwealth Secretariat for a considerable period of time.  He also advises various governments on legal issues and provides training to government officials.

Dr Chatterjee has published extensively in the form of books and articles in reputable refereed journals on various aspects of public international law, international economic law, energy law, international commercial law, including banking, trade, investment, international commercial arbitration as well as health and criminal law.

Dr Chatterjee was the UK member of the International Criminal Law Committee, International Law Association for over eight years.  During this period he was primarily engaged in drafting various documents.

For five years from 1988 to 1992, he was the General Editor of Lloyd’s Arbitration Reports in which Reports he commented on a large number of awards rendered by various ICSID tribunals.   Dr Chatterjee is currently a member of the Editorial Board of the Journal of International Banking Regulation (since 2004).  He has recently been invited to join the Commonwealth Law Bulletin as a Peer Reviewer.

Dr Chatterjee has considerable experience in supervising PhD theses at various universities in the United Kingdom.  He was appointed an external examiner by a number of British institutions.  His main areas of expertise are: banking including capital markets, international institutions, public international law, international economic law, law of international trade, e-commerce, international development law, employment law, international commercial law including tax issues, law of international investment and international commercial arbitration.

Dr Chatterjee has considerable experience in negotiating commercial contracts, including contracts pertaining to transfer of technology, international loans and international trade.

He has been invited by many organisations to present scientific papers.

Dr Chatterjee has also participated as an arbitrator under the ICC Rules of Conciliation and Arbitration.

Dr Chatterjee has wide-ranging experience in developing programmes in both Business Studies and Law.  He possesses special expertise in negotiating academic programmes with universities and professional bodies.  In addition to his very close familiarity with the US system of education, Dr Chatterjee has a very extensive experience in the public and private sectors of education in the UK.  He is also familiar with the system of validating degrees by UK universities.  He has assisted many private colleges in successfully seeking accreditation by the relevant accrediting bodies including the British Accreditation Council for independent further and higher education.

Dr Chatterjee has also significant experience in promoting research within departments and guiding postgraduate students in carrying out their research projects.  Indeed, he is an established supervisor of MPhil/PhD theses.  He has been appointed as external examiner for a number of PhD theses.

Research

Publications

Books:

  • Legal Aspects of International Drug Control, The Hague, Martinus Nijhoff (1981)
  • A Guide to the International Drug Conventions, London, commonwealth Secretariat (1988)
  • Drug Abuse and Drug Related Crimes:  Some Unresolved Legal Problems, Dordrecht, Martinus Nijhoff (1989)
  • Contributed two chapters (International Monetary Fund and the World Bank) to a book entitled International Economic Law, London, The British Institute of International & Comparative Law (1992
  • Contributed two chapters to a book entitled Corporate Governance and Corporate Control, Sheikh & Rees (Eds.) London, Cavendish (1995)
  • Legal Aspects of Transnational Marketing and Sales Contracts London, Cavendish (1996)
  • Methods of Research in Law, London, Old Bailey Press (1996)
  • Cracknell’s Public International Law Statutes (Joint author) London, Old Bailey Press (1996)
  • Negotiating Techniques in International Commercial Contracts, Ashgate (2000)
  • Methods of Research in Law, Second edition, London, Old Bailey Press (2000)
  • Supervision and Surveillance:  The Financial Services Authority, Canterbury, The Chartered Institute of Bankers, (2001)
  • E-Commerce Law for Business Managers, Canterbury, Financial World Publishing (2002)
  • Legal Aspects of Trade Finance, London, Routledge (2007)
  • Diplomacy and international Law, London, Routledge (2007)
  • ADR:  Concepts and Practice London, Routledge (2008)
  • International Business Law London, Routledge (to be published in 2008)
  • Security for Costs (manuscript complete)
  • Poverty: Law and Policy (manuscript in preparation)

Articles/Book Chapters:

Public International Law

  • “Equity in International Law; Its Growth and Development” 5 Georgia Journal of International and Comparative Law (1975)
  • “Suggesting Remedies for International Terrorism – Use of Available International Means” 5 International Relations (London) (1976) Co-author
  • “The Role of the Ad Hoc Judge in the International Court of Justice” 19 Indian Journal of International Law (1979)
  • “Terrorism and Certain Legal Aspects of Human Rights” 6 International Relations (London) (1980)
  • “Some Legal Problems of Support Role in International Law: Tanzania and Uganda” 30 International and Comparative Law Quarterly (1981)
  • “International Law of Development” published in Encyclopaedia of Public International Law (1986) (Max Planck Institute for Comparative Public Law and International Law)
  • “Internationality of Treaties:  Substance or Shadow” Indian Journal of International Law (1987)
  • “Unitisation:  Certain Policy Issues” Oil Gas Law and Taxation Review (Oxford) (1987)
  • “The Charter of Economic Rights and Duties of States:  An Evaluation after Fifteen Years” International and Comparative Law Quarterly (1991)
  • “IBRD Inspection Panel Procedures” Journal of International Banking Law (1996)
  • “Sovereignty and Diplomacy” in Are Diplomats Really Necessary, Sir PMarshall and N Ayad (eds), London, University of Westminster Press (1999)
  • “Protection of Refugees and Minorities under International Law:  An Overview,” published in the Proceedings of the Conference of the World Jurist Association, USA (2001)
  • “The Role of International Institutions in Developing Model Laws”, published in the Proceedings of the World Jurist Association (2004)

Health and Drugs

  • “The W.H.O. Expert Committee on Drug Dependence” 28 International and Comparative Law Quarterly (1979)
  • Prepared a Report for the World Health Organization suggesting probable ways and means of adaptation of the International Code of Marketing Breast-milk Substitutes by the Government of Tanzania (1983)
  • Drafted the Accession Kit in relation to the International Conventions on Narcotic Drugs and Psychotropic Substances, including model legislation for the British Commonwealth countries; this was published by the Commonwealth Secretariat (1983)
  • “Forfeiture of Proceeds of Drug-related Crimes:  A British Commonwealth Perspective” XXXV Bulletin on Narcotics (a UN journal) (1983)
  • “Some Unresolved Legal Issues Relating to Punishment of Offenders in Criminal Law and their Effect on Sentencing Policies:  The Case of Drug Abusers” XXXVI Bulletin on Narcotics (1984)
  • “Drug and the Young: Some Legal Issues” XXXVI Bulletin on Narcotics (1985)
  • “The Application of the Principle of the Free Movement of Goods in the European Common Market to the Trade in Drugs and Alcohol” Contemporary Drug Problems (Berkeley, Calif., USA) (Winter 1982) published in 1985
  • “Justice, Drugs and the Therapeutic Community in Determining what Type of Law for Minors” Proceedings of the Eighth World Conference of Therapeutic Communities (Rome) (1985)
  • “Legal  Problems in the Relationship between Control Programmes and Treatment Objectives in Drug Dependence” Proceedings of the 15th International Institute on the Prevention and Treatment of Drug Dependence held under the auspices of the International Council on Alcohol and Addictions (Lausanne) (1986)
  • A Report entitled “Illicit Trafficking in Narcotic Drugs: A Commonwealth Perspective” Proceedings of the Commonwealth Law Ministers Conference (Zimbabwe) (1986)
  • “Can Demand for Illicit Drugs be Reduced?” 39 Bulletin on Narcotics (1987)
  • “The Essentials of Liberalisation of Drug Regimes” Accepted for publication in the Proceedings of the Eighteenth International Institute on the Prevention and Treatment of Drug Dependence (Berlin) (June 1990)
  • “Legal Aspects of Drug Control and Treatment of Drug-dependent Persons within the EC” roceedings of the International Congress – The Route of Drugs (Genoa, Italy) (1992)

Banking

  • “Legal Aspects of Syndicated Loan Agreements” The Company Lawyer (London) (1988)
  • “The European Bank for Reconstruction and Development” Journal of International Banking Law (1992)
  • “Procedural Aspects of Project Finance” 8 Journal of International Banking Law (1993)
  • “The Method of Determining the Governing Law of Performance Bonds and Counter-guarantees:  A Commercial Approach” 9 Journal of International Banking Law (1994)
  • “Persisting Controversy as to ‘Reasonable Time’ under the Documentary Credit Mechanism:  An Overview of the 1993 UCP for Documentary Credits” 9 Journal of International Banking Law (1994)
  • “The Independence of Contracts of Guarantee and Counter-guarantee from the Underlying Contract”    10 Journal of International Banking Law (1995)
  • “The Legal Effect of the Exclusive Jurisdiction Clause in the Brussels Convention in Relation to Banking Matters” 10 Journal of International Banking Law (1995)
  • “The Concept of the Natural Forum and the Governing Law of a Transnational Letter of Credit” Journal of International Banking Law (1995)
  • “Legal Aspects of Tested Telex in International Banking Transactions” 11 Journal of International Banking Law (1996)
  • “Use of Derivatives by Public Bodies: Law and Ethics” 11 Journal of International Banking Law (April 1996)
  • “The Corporate Social Responsibility of Banks” International Company and Commercial Law Review (1996)
  • “The Basle Core Principles for Effective Banking Supervision: An Analysis” European Financial Services Law (1999)
  • “Legal Interpretation of the Term ‘Without Delay’ under UCP” International Journal of Banking Regulation (1999)
  • “The Legal Effect of Public Policy-Oriented Foreign Legislation and Stay of Proceedings” European Financial Services Law (1999)
  • “The Limits to Continuing Obligations under the Listing Rules of the London Stock Exchange” European Financial Services Law (1999)
  • “Actions on Unconditional Performance Bonds: Forfeiture of Surplus Money on such Bonds is Impermissible” The Journal of International Banking Regulation (2000)
  • OECD Guidelines New Financial Crime Review (2000)
  • “Jurisdictional Issues in relation to Banking Transactions: An English Law Perspective,” published in the Proceedings of the Conference of the World Jurist Association, USA (2001)
  • “Settlement of Disputes under the Financial Services and Markets Act, 2000” The Journal of International Banking Regulation, London, 2001
  • “OECD Guidelines for Consumer Protection in the Context of Electronic Commerce” Financial Crime Review (2001)
  • “The European Central Bank”, The Journal of International Banking Regulation, London (2002)
  • The principle of autonomy of letters of credit is sacrosanct in nature,” The Journal of International Banking Regulation (2003)
  • “Settlement of disputes under the Financial Services and Markets Act, 2000”, (Part II), Amicus Curiae, London (2003)
  • “Obstacles to Developing a Truly International Banking System,” published in the Proceedings of the World Jurist Association (2004)
  • “Banking, Economic Development and the Law” (accepted for publication by Hart Publishing as part of proceedings of the Conference at Oxford Brookes University (2006))
  • “International Standard Banking Practice (ISBP): An Analysis,” Financial Regulation International,  Issue 9/10 (December 2006/January 2007)
  • Guidelines for Enforcement of World-wide Freezing Orders: An Analysis,” 8.3, The Journal of International Banking Regulation (2007)

International Trade and Investment

  • “The Impact of Enlargement of the EEC on the Mediterranean Basin Policy through Trade Agreements” Published in the Proceedings of the International Congress on the Mediterranean Policy of the EEC (Istituto Universitario Orientale, Naples, Italy) (1980)
  • “The Lomé Arrangement and its Impact on Asia Pacific Nations” 1 Asian Pacific Commercial Lawyer (London) (1984)
  • “The Andean Multinational Enterprises” The Company Lawyer (London) (1986)
  • “The Convention Establishing the Multilateral Investment Guarantee Agency” 36 International and Comparative Law Quarterly (1987)
  • “The Stabilisation Clause Myth in Investment Agreements” Journal of International Arbitration (1988)
  • “Forty Years of International Action for Trade Liberalisation” 23 Journal of World Trade (Geneva) (1989)
  • “The Treaty of Asunción:  An Analysis” Journal of World Trade (1992)
  • “The Reality of Risks in Private Foreign Investment” International Company and Commercial Law Review (January 1996)
  • “Investment-related Promissory Notes are Investments under the ICSID Convention:  Fedax NV v The Republic of Venezuela” The Journal of World Investment, 2002
  • “When pre-investment or development costs may or may not be regarded as part of “investment” under Article 25(1) of the ICSID Convention: The Mihaly Case, The Journal of World Investment (2003)
  •  “From Doha to Cancún: A Multilateral Trading System?” 54 Amicus Curiae, (2004)
  • “The Tsunami: A Wake-up Call for the North and the South”, 59 Amicus Curiae (2005)
  • “Natural Disasters and the Issue of Responsibility for the Victim States”, Amicus Curiae (2005)
  • "technology Creation by Indigenous Means and Legal Safeguards for the Protection of such Technology”, Law/Technology, World Trade Association (2007)

International Arbitration

  • “The Djibouti Code of International Arbitration” Journal of International Arbitration (Geneva) (1987)
  • “The Rainbow Warrior:  Arbitration between New Zealand and France” Journal of International Arbitration (1992)
  • “Do Disputes Arise ‘out of’ or ‘under’ or ‘out of and under’ a Contract?” 60 Arbitration (London) (1994)
  • “Whether the Award of a Rent Review Tribunal is Admissible Evidence in Arbitration” Arbitration (London) (1995)
  • “The Authority of the English Courts to Order Security for Costs when an Arbitration is Governed by the ICC Rules of Arbitration” Arbitration (London) (1995)
  • “Contractual Negligence can fall within an Arbitration Clause:  An Analysis of the Judicial Guidelines developed by the English Courts” Arbitration (1998)
  • "“The Arbitration between American Manufacturing and Trading Inc. and The Republic of Zaire:  When Challenges to the Jurisdiction of an ICSID Tribunal are not Valid” Journal of International Arbitration (1999)
  • “Settlement of Disputes Procedure and Arbitration under FIDIC” Journal of International Arbitration (June 2000)
  • “Re Q’s Estate – Powers of the Court under section 44 of the Arbitration Act 1996:  Clarified” International Arbitration Law Review (2000)
  • “Bias in Arbitration and Bias against Arbitrators”, 3 The Journal of World Investment (2002)
  • “Discretionary Powers of the Court under Arbitration Act 1996 S.18: Dartnell and Sons Ltd v Secretary of State for Trade and Industry”, 68 Arbitration (2002)
  • The Reality of the Party Autonomy Rule in International Arbitration”, 20 Journal of International Arbitration (The Hague) (2003), 539

Construction Law           

  • “Indemnity Clauses and the Consequences of Negligence” 4 Construction Law (1994)
  • “Best efforts may not be good enough – I” Construction Law (2000)
  • “Best effort may not be good enough – II” Construction Law (2000)
  • “The Adjudication System under the Scheme for Construction Contracts (England and Wales) Regulations, 1998” Arbitration (2000)
  • “The Human Rights Act 1998 and Adjudication” Construction Law (2000)
  • “Step-in Right:  A Right sui generis” Construction Law (2000)

Miscellaneous

  • “The U.N. Convention on the Liability of Operators of Transport Terminals in International Trade:  The End of The Himalaya Clause?” The Journal of Business Law (1994)
  • “Elder, Dempster & Co. Ltd. v. Paterson Zochonis & Co. Ltd. Re-visited in the context of the Contracts (Rights of Third Parties) Act 1999” Commercial Liability Law Review (2000)
  • “The Terrorism Act, 2000:  An Analysis” Amicus Curiae, Journal of the Society for Advanced Legal Studies, London, Sweet & Maxwell, 2001
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