Paul Cohen (lawyer)

Last updated
Paul H. Cohen
NationalityBritish/American
OccupationLawyer
Organization4-5 Gray’s Inn Square

Paul Henri Cohen (born December 1967) is a British lawyer, author and arbitration counsellor. [1] Called to the bar in 2011, his work has included representing alleged descendants of the last Sultan of the Sulu Empire against Malaysia in a multi-billion-dollar case involving Sabah and a colonial-era agreement.

Contents

Education

Cohen earned his bachelor’s degree from University of Pennsylvania and received a doctorate in Political Science from the University of Oxford. [2]

He was a post-doctoral research fellow at Harvard University and earned his JD from the Columbia Law School. He was also the editor of Human Rights Law Review. [3]

Career

After completing his education, Cohen worked as an associate at Paul, Weiss, Rifkind, Wharton & Garrison for seven years between 1998 and 2005.

He was called to the bar of Middle Temple in 2011. [4] Cohen worked as a partner and co-head of arbitration practice with Thompson & Knight LLP 2011 to 2014. [5] He also remained a partner and co-head of arbitration practice at Perkins Coie LLP from 2014 to 2016. [6] [7]

In 2013, he joined 4-5 Gray’s Inn Square as barrister at law. [2] In 2022, he became president of the Silicon Valley Arbitration & Mediation Center (SVAMC).

He is the director at Duncan, Cohen and Associates Limited. [1]

According to Arizona State University’s Lodestar Dispute Resolution Center, Cohen is “known for his work and writing on technology in arbitration, particularly the intersection and interaction of dispute resolution and emerging technologies”. [8]

Cohen has written extensively on international corruption, arbitration, [9] investigation, [10] and the role of technology in arbitration. [11]

Malaysia-Sulu case

Cohen, and Elisabeth Mason of 4-5 Gray’s Inn Square, represented alleged descendants of the last Sultan of the Sulu Empire against Malaysia in a case involving Sabah and a colonial-era agreement. The 1878 agreement involved a deal with the Sulu sultan for the use of his territory now falling in present-day Malaysia. The Malaysian government continued honoring the agreement until 2013 and stopped payment henceforth, leading to the arbitration case.

Cohen’s clients demanded US$32 billion in compensation. [12] However, in January 2022, Spanish arbitrator Gonzalo Stampa ruled in favor of claimants, awarding a settlement of US$15 billion, [13] the largest arbitration award in history. [14] [15] [16]

Controversy

Cohen is an enemy of Malaysia [17] and has been criticized for his counselling services to claimants in the dispute between the Malaysian government and alleged heirs of the Sulu Sultanate. Out of the eight sulu claimants, [18] one of which, Muhammad Fuad Abdullah Kiram, has been classified as a terrorist [19] pursuant to section 66B of the Anti-Money Laundering, Anti-Terrorist Financing and Proceeds of Unlawful Activities Act 2001 effective 6 April 2023. [20] Therium and Cohen did not promptly discontinue their funding or representation of F. Kiram upon the issuance of the gazette; however, they strongly criticized and dismissed the gazette afterward. [21]

He is said to have links to global legal financing firms like Therium and Silicon Valley tech companies that have interests in the oil-rich Sabah region. Reuters confirmed that Therium provided $20 million litigation funding to the claimants. [22] The same Reuters report noted that Cohen “first heard of their claims from an oil and gas expert he cross examined in 2014 in an unrelated case. Knowing they did not have the financial means, Cohen in 2016 brought on board Therium, a British firm that has bankrolled legal actions by raising money from institutional investors, including a sovereign wealth fund”. [22]

Cohen admitted to New Straits Times that "it was a matter of public record that they were being funded by litigation financiers out of London". [23]

A EuroNews article also accused Cohen of “backing organizations involved in climate denial and making millions from ads for ExxonMobil, BP, Chevron and Shell or entities like The American Petroleum Institute”. [24] It said Cohen had talked of confiscating “specific Malaysian assets” and “has regularly represented oil and gas clients in international arbitrations”.

A Eurasia Review report called the case the "most elaborate international legal scam ever perpetrated" and called Cohen a "contemporary of Stampa". [25]

An April 2023 article by Maurizio Geri in Real Clear Defense said Cohen “serves as President of the Silicon Valley Arbitration and Mediation Center based in Palo Alto, California. He is also head of SVAMC’s Task Force on Tech Disputes, Tech Companies & International Arbitration which works in 'dialogue' with major US tech giants to explore how they can benefit from arbitration”. [26] It claimed that Cohen had close proximity with “US tech giants” and questioned “whether the lawsuit representing the Sulu heirs is linked to interests with a much larger stake in the geopolitical rivalry unfolding in the Asia-Pacific over control of the region’s data networks”. [26]

In June 2023, a police report was filed against Cohen in Malaysia for "making false claims against the Malaysian government and the Attorney General (AG)". [27]

Publications

Cohen is the author of International Corruption, [28] a book that discusses bribery and antibribery compliance. He is the co-author of Corporate Internal Investigations - An International Guide, [29] published by Oxford University Press, and also authored International Energy Arbitration, [30] a book about international energy arbitrations. He is also a contributing author at Transnational Dispute Management [3] and editor-in-chief of The Journal of Technology in International Arbitration. He is the president of the Silicon Valley Arbitration & Mediation Center (SVAMC). [31] [26]

Related Research Articles

Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution. Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a neutral third party for resolution. In practice arbitration is generally used as a substitute for litigation, particularly when the judicial process is perceived as too slow, expensive or biased. In some contexts, an arbitrator may be described as an umpire.

<span class="mw-page-title-main">Sultanate of Sulu</span> 1405–1915 state in Southeast Asia

The Sultanate of Sulu was a Muslim state that ruled the Sulu Archipelago, costal areas of Zamboanga City and certain portions of Palawan in the today's Philippines, alongside parts of present-day Sabah, North and East Kalimantan in north-eastern Borneo.

<span class="mw-page-title-main">North Borneo Chartered Company</span> British company which administered the colony of North Borneo (1881-1946)

The North Borneo Chartered Company (NBCC), also known as the British North Borneo Company (BNBC) was a British chartered company formed on 1 November 1881 to administer and exploit the resources of North Borneo. The territory became a protectorate of the British Empire in 1888 but the company remained involved with the territory until 1946, when administration was fully assumed by the Crown colony government.

<span class="mw-page-title-main">North Borneo dispute</span> Territorial dispute between the Philippines and Malaysia

The North Borneo dispute, also known as the Sabah dispute, is the territorial dispute between Malaysia and the Philippines over much of the eastern part of the state of Sabah. Sabah was previously known as North Borneo prior to the formation of the Malaysian federation.

<span class="mw-page-title-main">Arbitration</span> Method of dispute resolution

Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons, which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding.

The Philippines has claimed many territories throughout its history. These territories include the Spratly Islands, portions of North Borneo, and the Scarborough Shoal.

Jamalul ibni Punjungan Kiram III was a former self-proclaimed Sultan of the Sulu Sultanate who claimed to be "the poorest sultan in the world". He was known as an unsuccessful candidate for senator in the Philippine general elections in 2007. In 2013, Kiram III sparked a controversy when he revived a dispute between the Philippines and Malaysia by leading an intrusion into the eastern part of Sabah. His daughter is Princess Jacel Kiram, a proponent of the Sabah claim of the Philippines in 2016.

The Malaysia–Philippines border is a maritime boundary located in the South China, Sulu and Celebes Seas. It separates the Malaysian state of Sabah, which is on the island of Borneo, and the Sulu Islands of the southern Philippines.

<span class="mw-page-title-main">Muedzul Lail Tan Kiram</span> Pretender to the Sulu Sultanate since 1986

Muedzul Lail Tan Kiram is the head of the Royal House of Sulu, a position which he has held since 16 February 1986. As the eldest son of the former Sultan Mohammad Mahakuttah Abdulla Kiram, he is the legitimate heir claimant to the throne of the Sultanate of Sulu. He is a pretender to the throne as the 35th Sultan of Sulu.

<span class="mw-page-title-main">Bruneian Civil War</span> Civil war fought in Brunei (1660–1673)

The Bruneian Civil War was a civil war fought in the Bruneian Sultanate from 1660 to 1673. During Sultan Muhammad Ali's reign, a dispute led to the killing of Pengiran Muda Alam by Pengiran Muda Bongsu. In retaliation, Abdul Hakkul Mubin killed Muhammad Ali and declared himself the fourteenth sultan. A civil war ensued, with Abdul Hakkul Mubin fleeing to Kinarut. Sultan Muhyiddin sought help from the Sultan of Sulu, promising eastern Sabah as a reward. The dispute over eastern Sabah remains a legacy of this civil war.

Ismael ibni Punjungan Kiram II was a self-proclaimed Sultan of the Sultanate of Sulu from 12 March 2001 until his death on 19 September 2015.

<span class="mw-page-title-main">2013 Lahad Datu standoff</span> Military conflict in Sabah, Malaysia, with Sulu nationalists

The 2013 Lahad Datu standoff, also known as the Lahad Datu incursion or Operation Daulat, was a military conflict in Lahad Datu, Malaysia. The conflict began on 11 February, when 235 militants arrived in Lahad Datu by boat, and ended on 24 March. The militants, self proclaimed as "Royal Security Forces of the Sultanate of Sulu and North Borneo", were sent by a claimant to the throne of the Sultanate of Sulu.

<span class="mw-page-title-main">Doug Jones (international arbitrator)</span>

Douglas Samuel Jones, is an independent international arbitrator based in London, Sydney and Toronto. He is a door tenant at Atkin Chambers, London, a member of Sydney Arbitration Chambers, and a member of Toronto Arbitration Chambers in Toronto, Canada. He serves as an International Judge of the Singapore International Commercial Court.

<span class="mw-page-title-main">Ligitan and Sipadan dispute</span> Territorial dispute between Indonesia and Malaysia

The Ligitan and Sipadan dispute [2002] ICJ 3 was a territorial dispute between Indonesia and Malaysia over two islands in the Celebes Sea, namely Ligitan and Sipadan. The dispute began in 1969 and was largely resolved by the International Court of Justice (ICJ) in 2002, which opined that both of the islands belonged to Malaysia.

<span class="mw-page-title-main">Mohammed Mahakuttah Abdullah Kiram</span> Sultan of Sulu from 1974 to 1986

Sultan Mohammad Mahakuttah Abdulla Kiram was the 34th Sultan of Sulu (1974–1986). He was the eldest son of Sultan Mohammed Esmail Kiram I and the heir apparent to the throne. He was the last Sultan of Sulu officially recognised by the Philippine government.

<span class="mw-page-title-main">Elisabeth Mason</span>

Elisabeth Mason is an American lawyer and venture philanthropist. She serves as the Founding Director of the Stanford Technology, Opportunity and Poverty Lab at Stanford University. She is also the co-founder and former Chief Executive Officer of Single Stop USA, a nonprofit that promotes economic mobility by connecting people to untapped US Government benefits.

<span class="mw-page-title-main">Lahad Datu District</span> District in Sabah, Malaysia

The Lahad Datu District is an administrative district in the Malaysian state of Sabah, part of the Tawau Division which includes the districts of Kunak, Lahad Datu, Semporna and Tawau. The capital of the district is in Lahad Datu Town.

The Malaysia Sulu case refers to an arbitration case which involving the heirs of the Sultanate of Sulu and the government of Malaysia in the Spanish and later French court system.

Gonzalo Stampa, is a Spanish lawyer, author and arbitration judge best known for his arbitration role in the Malaysia-Sulu Case. He is the founding partner of law firm Stampa Abogados in Madrid. According to ICLG, Stampa has over 30 years of legal practicing experience and has served as the arbitrator in more than 172 international arbitrations. He is a Corresponding Academician at the Royal European Academy of Doctors (RAED).

References

  1. 1 2 "Paul Henri COHEN personal appointments - Find and update company information - GOV.UK". find-and-update.company-information.service.gov.uk. Retrieved 2023-08-10.
  2. 1 2 "Paul Cohen > 4-5 Gray's Inn Square > London > England | Lawyer Profile". www.legal500.com. Retrieved 2023-08-10.
  3. 1 2 "Paul H. Cohen - Contributing Author | TDM Journal". www.transnational-dispute-management.com. Retrieved 2023-08-10.
  4. ↑ Board, The Bar Standards. "Barrister Details - Dr Paul Henri Cohen". www.barstandardsboard.org.uk. Retrieved 2023-08-10.
  5. ↑ "When In Rome (Or Cairo, Or Shanghai, Or Caracas … )". CCBJ. Retrieved 2023-08-10.
  6. ↑ "Q&A With Perkins Coie's Paul Cohen - Law360". www.law360.com. Retrieved 2023-08-10.
  7. ↑ "Perkins Coie Hires Arbitration Co-Head: Business of Law". Bloomberg.com. 2014-03-12. Retrieved 2023-08-10.
  8. ↑ "Paul Cohen". Schiefelbein Global Dispute Resolution Conference. 2018-10-03. Retrieved 2023-08-09.
  9. ↑ "Bytes and Prejudice: Technology as a Means to Address Unconscious Bias in Arbitrators - Journal of Technology in International Arbitration - Vol. 1, No. 1 | ArbitrationLaw.com". arbitrationlaw.com. Retrieved 2023-08-09.
  10. ↑ "An International Guide to Corporate Internal Investigations". www.americanbar.org. Retrieved 2023-08-09.
  11. ↑ "The march of the robots". globalarbitrationreview.com. Retrieved 2023-08-09.
  12. ↑ bababers (2023-06-02). "Alleged Sulu Claimants Happy To Assist Malaysian Police Probe". Babab Ping Aggregator. Retrieved 2023-08-09.
  13. ↑ "Report: M'sia ordered to pay almost RM63b to Sulu sultan's descendants". Yahoo News. 2022-03-01. Retrieved 2023-08-10.
  14. ↑ Latiff, Rozanna; Ananthalakshmi, A. (2022-08-04). "How Malaysia ended up owing $15 billion to a sultan's heirs". Reuters. Retrieved 2023-08-09.
  15. ↑ Latiff, Rozanna (2022-07-17). "Malaysian assets at risk globally as late Sultan's heirs claim $15 billion award". Reuters. Retrieved 2023-08-10.
  16. ↑ "Malaysia ordered to pay US$15 billion". globalarbitrationreview.com. Retrieved 2023-08-10.
  17. ↑ "'Enemies of Malaysia': Tommy Thomas urges Putrajaya to act on UK lawyer, Spanish arbitrator who aided Sulu heirs in US$14.9b claim over Sabah". 27 July 2022.
  18. ↑ Dawn, Chan (30 June 2023). "'Funder of Sulu heirs may be from the US' [NSTTV]".
  19. ↑ Kok Leong, Chan (11 April 2023). "Malaysia Lists Sulu Heir as a Terrorist in Claim Over Sabah". Bloomberg.
  20. ↑ "ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING AND PROCEEDS OF UNLAWFUL ACTIVITIES (DECLARATION OF SPECIFIED ENTITIES AND REPORTING REQUIREMENTS) (AMENDMENT) (NO. 2) ORDER 2023" (PDF). 6 April 2023.
  21. ↑ Hidir Reduan, Abdul Rashid (13 April 2023). "UK lawyer rubbishes 'terrorist' label against alleged Sulu heir".
  22. 1 2 "How Malaysia ended up owing $15 billion to a sultan's heirs | Asian Legal Business". www.legalbusinessonline.com. Retrieved 2023-08-09.
  23. ↑ Andres, Leslie (30 June 2023). "Sulu claims: 'Fight is far from over'". New Straits Times . Retrieved 10 August 2023.
  24. ↑ "Climate change-related disasters are surging. Someone has to pay". euronews. 2023-02-09. Retrieved 2023-08-09.
  25. ↑ Hunter, Murray (2022-08-09). "The Sulu Arbitration Scam: The Biggest Attempted Fraud Case Against Malaysia Ever Perpetrated – Analysis". Eurasia Review. Retrieved 2023-08-10.
  26. 1 2 3 Geri, Maurizio (April 28, 2023). "The Secret War for Asia Is Being Fought Under the Sea". Real Clear Defense. Retrieved 10 August 2023.
  27. ↑ "AG lodges police report against Sulu heirs' counsel over false claims". The Star. Retrieved 2023-08-10.
  28. ↑ "International Corruption - Hardback | Criminal Law | Sweet & Maxwell". www.sweetandmaxwell.co.uk. Retrieved 2023-08-09.
  29. ↑ "Corporate Internal Investigations - Corporate Governance - Law". www.pbookshop.com. Retrieved 2023-08-09.
  30. ↑ Cohen, Paul; Katz (Jr), William M. (2019). International Energy Arbitration. Sweet and Maxwell. ISBN   978-0-414-03444-0.
  31. ↑ "SVAMC Leadership & Committees – Silicon Valley Arbitration & Mediation Center" . Retrieved 2023-08-09.
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