Region Area

Barristers

Klentiana Mahmutaj

Klentiana Mahmutaj

Position

Klentiana Mahmutaj is a barrister of 15 years’ call. She acts as counsel in Business Crime & Fraud, Civil Liberties & Human Rights and International arbitration, with a focus on investment arbitration.

Klentiana regularly handles politically sensitive material, acting for governments and other stakeholders. She has substantial public inquiry experience, having represented the Metropolitan Police Service for the last few years in the Undercover Policing Inquiry.

In March 2020, Klentiana became a United Nations mandate holder. She was appointed by the UN Human Rights Council as Independent Expert on the Expert Mechanism on the Right to Development.

In July 2021, Klentiana co-founded the Balkan Arbitration Conference. The first event truly inclusive of the whole region, it brings together world leaders in the field of arbitration as well as local practitioners, supporting the rule of law in the Balkans.

Career

Year of call: 2005

Inn: Middle Temple

Associate Member, Chartered Institute of Arbitrators (CIArb), UK

Panel of Arbitrators at the Arbitration Center, American Chamber of Commerce, Kosov

List of Arbitrators, the London Court of International Arbitration, European Users’ Council

SFO Panel Advocate (2016-2020)

Panel Advocate: Department of Business, Energy and Industrial Strategy, the Environment Agency and the Health and Safety Executive (2013 to date).

Lecturer in Law, De Montfort University

SFO List (Panel B)

CPS Panel Advocate (Extradition)

Advocate Specialist Counsel (B Panel) for the Department of Business Innovation and Energy and the Health and Safety Executive

List of Arbitrators, London Court of International Arbitration (LCIA)

List of Arbitrators, Arbitration Center, American Chamber of Commerce, Kosovo

Visiting Lecturer in Human Rights Law, National School of Judges, Tirana, Albania

Publications:

Books

Arlidge, Eady & Smith on Contempt (5th ed.), Sweet & Maxwell, 2017, contributor on the chapter on civil contempt

Humanitarian Intervention in Kosovo: Legal Right or Legal Wrong?, Qendra e Studimeve Europiane, Tirana, May 2007, with a preface by Professor C. Greenwood CMG QC (now the UK judge at the International Court of Justice); a recommended text in Kosovar and Albanian universities

Articles

‘Will Investors end up in court over the right to development?’, The Banker, Sustainable Views, London, 2021

Bribery, Corruption and International Arbitration meet again: The case of Alexander Brothers Limited (Hong Kong SAR) v (1) Alstom Transport SA; (2) Alstom Network UK Limited [2020] EWHC 1585 (Comm)’, London, May 2020 [Report]

‘Observations on the Zero Draft – A Detailed Proposal for a System of Arbitration’, Business and Human Rights Centre, London/New York, November 2018 [Press Report]

Bribery and Corruption and the case of National Iranian Oil Company v Crescent Petroleum Company International Limited and Crescent Gas Corporation Ltd [2016] EWHC 510, Alternative Dispute Resolution Center, American Chamber of Commerce, Kosovo, June 2016

‘The Defence of Corruption in International Arbitration: An Emerging Trend or False Alarm’, Jeta Juridike, Tirana, March 2016

‘Legal Professional Privilege in Criminal Law: Privilege and Inter-jurisdictional Issues’, Practical Law, Thomson Reuters, 2015, co-authored with Peter Carter QC

‘The Protection of Human Rights in the Face of Terror Threats: A Bare Necessity or Unreasonable Hindrance to the Work of Intelligence Agencies’, Construction Law International, Vol 10 No 1, March 2015 and the IBA Human Rights Working Group Newsletter, London, 2015

‘UN and EU Sanctions, Terrorism and International Law: A Brief Overview’, Albanian Law Review, Tirana, November 2014

‘The Cham population and legal remedies under the ECHR: A study of legal obstacles and potential remedies concerning the expulsion of the Cham population from Greece at the end of WWII’, Institute of Cham Studies, Tirana, Albania, 2011 ‘Cash Forfeiture Following Acquittal: An “Affront to Public Perception” or a Breach of A Fundamental Human Right?’, 2009, Crim LR 783

‘The Death Penalty and the Jurisprudence of the European Court of Human Rights’, AMICUS Journal, London, 2008

‘The English Legal System, Some Aspects’, Jeta Juridike, Journal of Magistrates School Tirana, April 2007

‘Confessions: A few considerations in the case of Michael Stone’, Criminal Bar Association Newsletter, London, Sweet & Maxwell, June 2005

Various contributions to the AIRE Centre and European Human Rights Law Review, March 2003

Languages

Albanian (Native), Italian (Very good command), French (Basic)

Memberships

Called to the Albanian Bar (2016)

Associate Member of the Chartered Institute of Arbitrators

International Law Association (British Branch)

British Institute of International and Comparative Law

London Court of International Arbitration, European Users’ Council

IBA

Bar Human Rights Committee

HRLA

CBA

ARDL

ELA

Education

LLM Public International Law

LLB (Hons)