LINDEBORG COUNSELLORS AT LAW
2019 YEAR IN REVIEW
In 2019, Lindeborg Counsellors at Law, a boutique public international law firm founded by the former General Counsel of INTERPOL, advised and represented States, FTSE 100 companies, politically exposed persons, and billionaires on many aspects of public international law, including INTERPOL red notices, treaty-based arbitration, the law of international organisations, and general public international law.
INTERPOL
In 2019, Lindeborg obtained the deletion of 12 INTERPOL red notices on behalf of clients before the Commission for the Control of INTERPOL’s files (the internal dispute settlement mechanism at INTERPOL).
-
Three red notices deleted in respect of two billionaire businessmen and one businesswoman wanted by a country in South Asia on the basis that the interventions in respect of them were of a political character (notably, none of the applicants were politicians or former politicians)
-
One red notice deleted in respect of a businessman wanted by Panama on the basis that the proceedings concerning the client in Panama were of questionable validity
-
Four red notices deleted in respect of individuals wanted by India on the basis that the processing of their data was in breach of the INTERPOL Refugee Policy
-
Two red notices deleted in respect of individuals wanted by Tajikistan on the basis that the interventions in respect of them did not respect the principles of due process of law and were of a political character, and the data provided was not accurate and did not provide a clear description of the criminal activities of the individuals
-
One red notice deleted in respect of an investor wanted by Cameroon on the basis that Cameroon failed to comply with specific provisions of INTERPOL’s Rules on the Processing of Data
-
One red notice deleted in respect of an individual wanted by a country in South Asia on the basis that the red notice had achieved its purpose
We also made a number of other successful applications to INTERPOL, including requests for access, requests for provisional measures and requests for deletion of other notices (such as blue notices).
TREATY-BASED ARBITRATION
We continued to act on a number of treaty-based arbitrations against States and international organisations, including on behalf of a Dutch investor in an investment treaty dispute against Panama and four Chinese nationals in a treaty-based arbitration against INTERPOL. We also continued to conduct negotiations with a State in relation to an investment treaty dispute.
THE LAW OF INTERNATIONAL ORGANISATIONS
We advised on how to obtain sui generis cooperation with an international organisation on the basis of the organisation’s internal rules and procedures, whilst remaining cognisant of the delicate political context. We continue to advise on related issues.
GENERAL INTERNATIONAL LAW ADVICE
We provided a number of expert opinions for use in domestic litigation involving the interpretation and application of public international law.
We also provided general international law advice to States and individuals.
-
Expert opinion on the best interest assessment under the UN Convention on the Rights of the Child
-
Expert opinion on the content of requests for mutual legal assistance on the basis of the Agreement between the Government of the Kingdom of the Netherlands and the Government of the United States of America regarding mutual cooperation in the tracing, freezing, seizure and forfeiture of proceeds and instrumentalities of crime and the sharing of forfeited assets
-
Advice to a State on the legal ramifications of banks de-risking within its jurisdiction and possible solutions on the basis of public international law
-
Advice to an individual on the process of accreditation to the International Maritime Organization
POLITICALLY EXPOSED PERSONS
Many of Lindeborg’s clients are politically exposed persons. We assist these clients not only with INTERPOL applications, but also by managing their case strategy in various domestic jurisdictions.
On 2 May 2019, we hosted a discussion, in partnership with the Lauterpacht Centre for International Law, University of Cambridge, on ‘Politically Exposed Persons: Profiling and International Law’ at the Wallace Collection in London. It was attended by approximately 100 guests. Dr Sarah Nouwen moderated a discussion between Lord Mance, Kojo Annan, the Honourable Judge Jacob Wit, Hodge Malek QC and Stuart Leach.
ACADEMIC POSITIONS
Dr Rutsel SJ Martha, the founding Partner of Lindeborg, is currently a Partner Fellow on the Lauterpacht Linked Programme at the Lauterpacht Centre for International Law, University of Cambridge.
Mr Stephen Bailey was a Visiting Fellow at the Lauterpacht Centre for International Law, University of Cambridge from January to December 2019.