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Matthew Hodgson

Partner

Email

matthew.hodgson@aoshearman.com

Phone

+44 20 3088 3893

Offices

London

V-CARD
Matthew specialises in complex disputes arising from cross-border investments. He has appeared as counsel and advocate in high stakes commercial arbitrations under all major arbitral rules. He has also acted for investors and States in more than 20 investment treaty disputes under the ICSID and UNCITRAL Rules. He has sat as arbitrator in HKIAC, ICC, LCIA and SIAC claims. Matthew is also Co-Head of the Public International Law (PIL) practice and regularly advises on complex issues of PIL.
Matthew represents clients in a broad range of sectors including energy and infrastructure, life sciences, oil & gas, mining, real estate, technology and telecommunications. He has acted for private equity and funds clients in numerous claims arising out of M&A transactions and joint venture / shareholder disputes. 

He has been involved in investment treaty claims for or against Azerbaijan, Bangladesh, Cambodia, Czech Republic, India, Korea, Kyrgyz Republic, Myanmar, Nigeria, Pakistan, the Philippines, Poland, Sri Lanka, Tanzania and Vietnam. He regularly acts for and against State-Owned Enterprises (SOEs) in investment related disputes. He has helped investors secure substantial settlements by States and SOEs including acting for European & Middle Eastern oil & gas companies in securing a US$800 million payment to resolve a dispute with a South East Asian State and SOE, and assisting a Japanese automotive client conclude the first known settlement by the Government of India in return for payment in the region of US$350 million. He also advised an investor on the first treaty case to find that a complex financial product is a protected ‘investment’ and where our client was awarded its full legal claim and costs. 

He is a Solicitor Advocate, with Higher Rights of Audience before the Senior Courts of England & Wales and the Courts of Hong Kong, and a New York attorney. During 2014-2022 he was based in Hong Kong. He was named Dispute Resolution Lawyer of the Year in 2021 by Asian Legal Business. 

Matthew is recognised as a leading arbitration practitioner by Chambers & Partners, Legal 500 and Who’s Who Legal, which also ranks him as a “Thought Leader”. Chambers has commented that "He has a real knack for taking a bird's-eye view and thinking strategically and laterally about a problem, and has a way of making the academic practical."

Expertise

Industries

Experience

Representative matters

  • Two oil & gas clients on a $1 billion+ dispute arising out of the termination of production sharing contracts in an offshore project in South East Asia. Following the commencement of two commercial arbitrations and an investment treaty claim, the claims were settled for payment of $800 million to our clients in 2021. This is one of the largest known settlements by a State / SOE.
  • A client in an ongoing $1.3 billion UNCITRAL arbitration claim against Myanmar as a result of the client’s exit from the territory following the military coup in February 2021.
  • A life sciences client in relation to an LCIA arbitration arising out of an aborted M&A transaction. The claims were settled for over 95% of the damages sought by our client.
  • A US private equity company in an HKIAC arbitration claim arising out of an aborted M&A transaction in the real estate transaction. The claims against our client were dismissed and our client was awarded its full counterclaim of US$90 million together with legal costs.
  • Korea National Oil Corporation (KNOC) in an ongoing ICSID claim for more than $350 million against Nigeria arising out of termination of a production sharing contract.
  • The Government of Korea in relation to three separate investment treaty arbitrations. It is in the public domain that the first claim, for $3.1 billion by Malaysian real estate investor Berjaya, was settled without payment by the State. The other two remain ongoing.
  • A US private equity company in a HKIAC claim arising out of the disposal of its shareholding in a PRC listed entity. Our client was awarded its full claim and legal costs.
  • A PRC technology company in relation to a $100 million HKIAC claim by a US entity in relation to a technology transfer agreement. The claim settled without payment by our client.
  • A Japanese automotive client in an investment treaty claim against India arising out of non-compliance with an investment agreement. Following a jurisdictional decision in our client’s favour the claims settled for an amount in the region of US$350 million.
  • The Kingdom of Cambodia in two separate ongoing ICSID and UNCITRAL arbitrations arising under investment agreements.

Published Work

  • “The “Problem” of Costs in Arbitration: Controlling, Allocating and Funding Costs”, edited by Chin Leng Lim (The Cambridge Companion to International Arbitration) (2021)
  • “Managing "Belt and Road" Business Disputes: A Case Study of Legal Problems and Solutions”, edited by Michael Moser and Chiann Bao (Kluwer Law International, forthcoming) (2021)
  • “Emergency Arbitrator Relief: A Practical Guide”, Korean Arbitration Review (2018). “Bumps in The Road: Identifying Gaps in China’s Belt and Road Treaty Network”, TDM Vol.14, issue 3 (2017).
  • “Damages and costs in investment treaty arbitration revisited”, Global Arbitration Review (2017).
  • “Cost awards – who pays?”, co-authored with Judith Gill QC, Global Arbitration Review (2016).
  • “Costs in Investment Treaty Arbitration: The Case for Reform”, TDM 1 (2014).
  • “Investment Protection and Public Regulation: The Critical Balancing Act of Investment Treaty Arbitration” in Investment Treaty Arbitration and International Law, Juris Vol. 6 (2013).

Leadership Positions And Professional Affiliations

  • Member, practitioner group supporting UNCITRAL Working Group III on ISDS (Investor-state dispute settlement) reform
  • Fellow, International Dispute Resolution Academy
  • Editorial board member, International Journal of Arbitration, Mediation and Dispute Management
  • Editorial board member, Dispute Resolution International

Recognition

“Matthew Hodgson advises clients on complex international treaty arbitrations and PIL disputes. He has notable experience appearing before the ICSID, representing both sovereign states and private global corporations. He was previously stationed in Allen & Overy's Hong Kong office, giving him in-depth knowledge of and exposure to APAC-specific matters.”
Chambers UK, 2024
“He is very responsive and thoroughly analytical. He well understands the nature and features of investment disputes and advises accordingly.”
Chambers Greater China 2023

Awards

  • Top 15 Rising Lawyer, Asian Legal Business, 2021
  • “40 under 40” (the most accomplished lawyers in Asia under 40 years of age), Asian Legal Business, 2020

Qualifications

Admissions

Admitted as a solicitor, Hong Kong, 2017

Admitted as solicitor, England and Wales, 2007

Admitted to the bar, State of New York, USA, 2005

Academic

Diploma International Arbitration, Queen Mary College, University of London, 2012

LLM, Law, New York University School Of Law, 2004

MA, Law, University of Cambridge, 2003

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Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.