Michele Potestà specializes in international commercial and investment arbitration. He has acted as arbitrator (both sole and co-arbitrator), counsel or secretary/assistant of the arbitral tribunal in numerous international arbitration proceedings under various rules, including the ICC, ICSID, ICSID Additional Facility, UNCITRAL, DIAC and Danish Institute of Arbitration rules.
His practice is mostly dedicated to international commercial and investment disputes, especially disputes in the energy and natural resources areas (oil, gas, mining and solar energy) arising under the ECT, NAFTA and BITs as well as under contracts. He has also advised sovereign states on their investment treaty programs.
Prior to joining Lévy Kaufmann-Kohler, Michele was an academic lecturer at the Geneva Master in International Dispute Settlement (MIDS), where he was teaching both investment and commercial arbitration. He has authored numerous publications on issues of investment and commercial arbitration and is frequently invited to speak at arbitration events. His previous speaking engagements have included conferences held at Columbia Law School (New York), World Trade Institute (Bern), Sydney Law School (Sydney), National University of Singapore (Singapore), Graduate Institute of International and Development Studies (Geneva), University of Geneva, and Milan Chamber of Commerce (Milan).
An Italian national, Michele is qualified to practice law in Italy and is registered with the Geneva bar (foreign lawyers section). He holds a Ph.D. in international law, as well as a bachelor and a master’s degree from the University of Milan (Italy).
Preliminary Objections to Dismiss Claims that are Manifestly without Legal Merit under Rule 41(5) of the ICSID Arbitration Rules
in: C. Baltag (Ed.), ICSID Convention after 50 Years - Unsettled Issues, Alphen aan den Rijn 2017, pp. 249-271Download (pdf)
Can the Mauritius Convention serve as a model for the reform of investor-State arbitration in connection with the introduction of a permanent investment tribunal or an appeal mechanism? Analysis and roadmap
CIDS Research Paper, Geneva 2016, 115 pagesDownload (pdf)
Legitimate Expectations in Investment Treaty Law: Understanding the Roots and the Limits of a Controversial Concept
ICSID Review—Foreign Investment Law Journal 2013, pp. 88–122Download (pdf)