Jo Feldman
Biography
Jo Feldman is a dispute resolution partner highly regarded for her expertise in international arbitration, government affairs, and ESG.
She is co-Chair of the Australian Law Council Trade and Business Law Committee, a Global Editor for Legal500, is recognised by LawDragon 500, and sits on the Australian Expert Advisory Committee for UNCITRAL.
Jo has extensive experience in international arbitration, representing clients in commercial and treaty arbitrations. She has worked on some of the largest arbitrations in the world, including the tobacco plain packaging disputes against Australia, and worked on treaty arbitrations while on a Barristers Exchange in London. She has experience in disputes over mining, energy, utilities, construction, environmental regulation, human rights, sanctions and export controls, government procurement contracts, space and aviation, tech, and intellectual property. She was a Panel Secretary at the World Trade Organization in Geneva; and has worked on disputes against a wide range of governments, including China, the US, the EU, and ASEAN countries.
Jo has extensive experience negotiating with governments, drafting treaties, agreements, and MOUs, managing regulatory reform, and navigating different regulatory regimes. Jo has negotiated or advised on all of Australia's investment and trade treaties, including with the US, UK, EU, Canada, Chile, Mexico, China, Japan, South Korea, India, ASEAN, Singapore, Malaysia, and Vietnam. Jo led Australia's Brexit taskforce and foreign investment law teams, and has worked on a broad range of international law issues including space and satellite issues, nuclear regulation, and deep-sea mining.
She regularly advises on cross border investment and supply chain issues, including: sanctions and export controls, geopolitical risk, investment structuring, foreign investment laws, regulatory reform, critical infrastructure and national security, government incentive programs, critical minerals supply chains, business and human rights, market access, domestic content, and government grants.
Jo is also experienced in human rights law, and Environmental, Social and Governance (ESG) issues. She was Australia's lead on human rights at the United Nations in New York, and has appeared at the United Nations General Assembly, the Human Rights Commission, the United Nations Permanent Forum on Indigenous Issues, the International Seabed Authority, the World Trade Organization, and the World Intellectual Property Organization. She was Vice Chair of the United Nations Commission on the Status of Women, chairing the negotiation of the Political Declaration to mark the 25th anniversary of the Beijing Declaration and Platform for Action.
In Australia, Jo has acted as Counsel in the Supreme Court of Western Australia, District and Magistrates Courts of Western Australia, and State Administrative Tribunal of Western Australia.
Professional experience
Representative experience
Representative experience
Australian company – advised on investment treaty structuring for protection of mining assets in Africa.
Mining company – advised on protection of assets under investment treaties and investment agreements in South East Asia.
Mining company – advised on commercial arbitration over sanctions-induced contract dispute.
Government – advised on investment treaty arbitration over alleged expropriation of legal rights.
Mining company – advised on a complaint brought under the OECD Guidelines for Multinational Enterprises.
Energy company – provided sanction compliance advice and risk management.
Advised on foreign investment laws, policy and decision making.
Advised on government grant programs, applications, and decisions.
Advised on space and nuclear agreements and regulatory reform.
Advised on a technology procurement contract dispute.
Advised on compliance with export controls governing technology procurement.
Advised on law of the sea and deep sea mining risk and regulatory issues.
Utilities company: advised on decommissioning powers, contractual negotiations, contract enforcement.
Utilities company: advised on regulatory reform in relation to critical infrastructure.
Transport company: advised on regulatory reform in relation to critical infrastructure.
US - Large Civil Aircraft (2nd Complaint) - Recourse to article 7.9 of the SCM Agreement and article 22.7 of the DSU by the European Union, WT/DS353.
Philip Morris Asia Ltd. v The Commonwealth of Australia, PCA Case 2012-2
Australia - Certain Measures Concerning Trademarks and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging, Disputes WT/DS434 (Ukraine), WT/DS435 (Honduras), WT/DS441 (Dominican Republic), WT/DS458 (Cuba), WT/DS467 (Indonesia).
British American Tobacco Australasia Limited and Ors v The Commonwealth of Australia [2012] HCA 43; JT International SA v The Commonwealth of Australia [2012] HCA 43.
China - Measures Related to the Exportation of Rare Earths, Tungsten and Molybdenum, Dispute WTO/DS431/R.
United States - Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, Dispute WTO/DS379/AB.
China - Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products, Dispute WT/DS363/AB.
China - Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/AB.
Thailand - Customs and Fiscal Measures on Cigarettes from the Philippines (Panel), WT/DS371/R.
United States of America - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (Panel), WT/DS381/R.
United States of America - Certain Country of Origin Labelling (Cool) Requirements, WT/DS384/R.
Carbon Pollution Reduction Scheme
Emissions Trading Scheme
UK – Australia Free Trade Agreement
EU – Australia Free Trade Agreement
Comprehensive and Progressive Agreement for Trans Pacific Partnership
Trans Pacific Partnership Agreement
China – Australia Free Trade Agreement
Japan - Australia Economic Partnership Agreement
Korea - Australia Free Trade Agreement
Malaysia - Australia Free Trade Agreement
Australia – UK Nuclear Cooperation Agreement
UK – Australia Mutual Recognition Agreement
Trade in Services Agreement
Australia - EU Wine Agreement
Rankings and recognitions
Rankings and recognitions
LawDragon500
Global Arbitration Reporter – one to watch
Australia Day Secretary's Citation: Management of COVID-19 by Post (2021)
Secretary's Award: Policy Advocacy on Gender Equality and Women's Empowerment (2019)
Australia Day Secretary's Citation: Excellence in policy development, TPP (2016)
Office of Trade Negotiations Award: Trade policy excellence (2016)
British Chevening Scholarship (2006)
Frank Downing Scholarship (2006)
Pegasus Scholarship (2006)
Education
Education
- Master of Laws, University of Cambridge (2007) (Chevening Scholar)
- Bachelor of Laws (Hons), University of Western Australia (2003)
- Graduate Certificate in Economics, Murdoch University (2006)
Admissions
Admissions
- High Court of Australia 2005
- Supreme Court of Western Australia 2005
Publications
Publications
"Australian Government imposes further Sanctions on Iranian individuals and entities", Norton Rose Fulbright, 2023
"Would energy investor disputes benefit from a multilateral investment court?", Norton Rose Fulbright Investment Arbitration Reporter, 2023
"Preparing for new sanctions in relation to Russia and Specified Ukraine Regions", Norton Rose Fulbright, 2023
"What does the UK FTA mean for you – a snapshot", Norton Rose Fulbright, 2023
"The hidden economy of international arbitration", Norton Rose Fulbright, 2023
"How to avoid being stuck between an arbitration and a sanction", Norton Rose Fulbright, 2023
"Australia and the US deepen their relationship on critical minerals and renewables", Norton Rose Fulbright, 2023
"Who is going to clean up all this space junk?", Norton Rose Fulbright 2023
"Taking flight – the Hague Court of Arbitration for aviation", Norton Rose Fulbright Investment Arbitration Reporter, 2022
"Human rights and international investment arbitration", Norton Rose Fulbright Investment Arbitration Reporter, 2022
"The Australia – India Free Trade Agreement, a multi-billion-dollar opportunity", Norton Rose Fulbright, 2022
"New draft ICSID Code of Conduct for adjudicators in international investment disputes", Norton Rose Fulbright Investment Arbitration Reporter, 2022
"Digital Information Drives Trade", Best Lawyers Business Issue, 2022
"ANZ sets a global precedent with adoption of a human rights grievance mechanism", Norton Rose Fulbright, 2022
"Australia's sanctions regime for Russia and Specified Ukraine Regions", Norton Rose Fulbright, 2022
"What if space junk trashes your business?", Norton Rose Fulbright Investment Arbitration Reporter, 2022
"Business and human rights in focus", Briefs WA Law Society, 2022
"Climate change and sustainability disputes: Business and human rights", Norton Rose Fulbright, 2022.
"ESG Developments in oil and gas", International Gas Union Annual Review, 2021
"Global Trade in the 2020s", Best Lawyers Guide, 2021
"Imagining a Post-Doha Future: The Future Stability of the Global Trading System", NZJIL, 2011
"Developments in International Law", Australian Yearbook of International Law, 2009
Speaking engagements
Speaking engagements
"Current issues in sanctions and export controls", Australian Bar Association National Conference, 2023
"How governments and companies apply human rights standards", Curtin Law School International Human Rights Day Conference, 2022
"The OECD Guidelines and Environmentally Responsible Business Conduct", National Environmental Law Association, 2022
"Is the Law Ready for the Energy Transition in hte Asia Pacific?", LawAsia Conference, 2022
"Evolving Investor-State Dispute Settlement landscapes", Australian Arbitration Week Conference, 2022
"New frontiers in Trade and Investment Foreign Policy", Australian Institute of International Affairs National Conference, 2022
"Managing Investments in Emerging Markets", Norton Rose Fulbright Emerging Markets Series, 2021
"Investor State Arbitration – considerations for States", APEC, 2018
"Intellectual Property as an investment subject to ISDS – considerations for States", APEC 2016
"Negotiating 21st Century Free Trade Agreements", APEC 2014
"Geographical Indications and Trademarks – surviving the geopolitical jousting match" (Conference Paper), Berne Conference on International Law, 2014
"The promise and limits of GATT Article XXIV – are FTAs eclipsing the WTO?" (Conference Paper), Australia and New Zealand Society of International Economic Law (2011).
"Treatment of Digital Products in the WTO" (Conference Paper), Aust. Trade Law Symposium (2010).
"The interrelationship between the WTO Agreements and Regional Trade Agreements" (Conference Paper), Australia and New Zealand Society of International Economic Law (2010).
"The interrelationship between the burden of proof and the standard of review in disputes under the SPS Agreement" (Conference Paper), Sydney University Symposium on Trade Litigation (2009).
"Environment Chapters and Trade Agreements" (Conference Paper) New Zealand Centre for International Economic Law conference (2009).
"The Role of the WTO in Protecting the Global Commons" (Conference Paper). Australia and New Zealand Society of International Economic Law, Annual Conference, University of Victoria, Wellington (2009); and International Law and Humanities Guest Seminars series at Melbourne University (2009).
Memberships and activities
Memberships and activities
Co-Chair Trade and Business Law Committee, Australia Law Council
Expert Advisory Committee of the UNCITRAL National Coordination Committee for Australia (UNCCA) Global Editor, Legal 500, Trade and investment law Guide
Editor, Thompson Reuters, Trade Law Guide
DFAT International Trade Network
Mentor, Institute for Transnational Arbitration, Young Arbitrators program
Member of Women Lawyers of WA
Member of Western Australian Law Society
Insights and news
Insights
News
