Ylli Dautaj

Prefessional experience

• DER Juridik AB, Managing Partner, 2019 -

Academic experience

• Brunel University London, UK, Lecturer, 2023 -
• Durham University, Law School, UK, Teaching fellow, 2022 -
• Penn State Law, Penn State Law, USA, Adjunct Professor., 2021 -
• Uppsala University, Law School, Adjunct Faculty, 2019 -
• Jindal Global University, Law School, India, Lecturer and Senior Research Associate, 2019 och 2020
• Nirma University, Institute of Law, India, Assistant Professor of Law, 2018 - 2019

Illustrative case experience

International Arbitration

• Represented clients in matters stemming from IT-agreements, e.g. outsourcing
• Represented clients in matters of loss of business due to breaches of prolongation clauses and disloyal pre-negotiation omissions
• Represented clients in parts of investor-state arbitration matters, e.g., dealing with fair and equitable treatment, most-favored nation treatment, etc.
• Represented multiple clients in shareholders’ and JV-disputes
• Represented clients in post-M&A disputes
• Represented clients on jurisdictional objections (investment and commercial arbitration)
• Represented clients in post-award proceedings (set-aside and enforcement)
• Represented SOE in an investment arbitration matter regarding indirect expropriation, discrimination, and breaches of fair and equitable treatment, energy international commercial arbitration matter, nuclear infrastructure and JV-dispute, etc.
• Represented clients in oil and gas matters (e.g., regarding transit, investor protection, and other contract related matters)

Litigation

• Represented investors in case against state for loss of investment
• Represented clients in shareholders’ disputes
• Represented shareholders in cases against the limited liability company or against the members of the board of directors and/or CEO
• Represented multiple clients in cases of loss of business due to transfer of corporate secrets or equivalent
• Represented multiple clients in cases damages due to failed or delayed services, delivery, construction, or unsatisfactory goods (quality and quantity)
• Represented clients in post-M&A disputes
• Represented clients in disputes stemming from acquisition of real estate
• Represented various contractors in construction matters
• Represented clients in enforcement/execution matters against private enterprises as well as sovereign states
• Represented Swedish municipalities in various construction matters

Commercial Agreements

• Represented biotech companies and tech scale-up in negotiating and drafting commercial agreements (e.g., NDA, MTA, JV-Agreements, R&D, Collaboration Agreements, License Agreements, etc.)

• Ph.D., University of Edinburgh, 2023
• LL.M., Penn State Law, 2018
• LL.B., University College Cork, 2017
• LL.M., Uppsala University, 2015

• Swedish
• English
• Albanian

• The Energy Charter Treaty 2.0: Promoting and Protecting Energy Investment in an Era of Sustainable Development (book chapter), in INTERNATIONAL INVESTMENT LAW AND THE NERGY TRANSITION, in Hart Publishing (forthcoming 2024) (eds., Volker Roeben & Rahmi Kopar).
• Frivolous claims in Swedish set-aside procedures, in Juridisk Tidskrift (forthcoming Issue 1, 2023/2024) (with former Supreme Court justice Göran Lambertz).
• Sports and Human Rights, in Idrottsjuridisk Skriftserie (forthcoming Vol. 28, 2023) (with former Supreme Court justice Göran Lambertz).
• Expedited International Arbitration: (Re)discovering traditional advantages of the arbitral process (book chapter), in EXPEDITED INTERNATIONAL ARBITRATION: POLICIES, RULES AND PROCEDURES, in Kluwer Law International (forthcoming 2023) (eds., Herman Verbist & Alan M. Anderson).
• SCC Express: What dispute resolution lawyers can do to help settle, expedite, or at least streamline complex arbitration matters arising out  of long-term transborder transactions, in Juridisk Tidskrift (Issue 4, 2022/2023).
• International Commercial Agreements and Electronic Commerce, in Kluwer Law International (forthcoming 7th Edn. under 2023) (with William F. Fox).
• Enforcing Arbitral Awards Against States and the Defense of Sovereign Immunity from Execution: A U.S. Perspective, in PENN STATE JOURNAL OF LAW & INTERNATIONAL AFFAIRS (2023).
• Sovereign immunity from execution of foreign arbitral awards in India: The “New” Kid on the (Super) Pro-Arbitration Block, in GNLU Review (2023).
• Digital Hearings – Civil Procedure and Arbitration, in Norstedts Juridik (2022) (eds. Mika Savola, Bruno Gustafsson and Rolf Åbjörnsson).
• The ICSID Convention and Sovereign Immunity Laws: Federal Court of Australia Dealing with a Supposed 'Zombie Judgment, in The International Lawyer (2022). 
• Enforcing Arbitral Awards Against States and the Defense of Sovereign Immunity from Execution in Sweden, in Juridisk Tidskrift (Vol. 4, 2021/22).
• Liberal Push and the Sovereign Pull: Recognition, Enforcement, and Execution in the ICSID Convention, in Am. Rev. of International Arbitration (2022) (with Maxime Chevalier).
• Digital Expedited Arbitration: Can a world exist where digital expedited arbitration becomes the default procedure? (book chapter) in Digital Hearings – Civil Procedure and Arbitration, in NORSTEDTS JURIDIK (2022) (with Sarah van der Stad).
• Express Dispute Assessment: A Much Welcomed Form of Early Neutral Evaluation at the Stockholm Chamber of Commerce, Hofstra. J. Int'l Bus. & L. (2022) (with William F. Fox).
• The Role of Domestic Procedural Rules in Setting the Scope for the Prayers for Relief in an International Commercial Arbitration with a Swedish Seat, in 11:1 The Indian Journal of Arbitration Law (2022).
• Covid-19 Arbitral Practice: Use, Misuse, and Abuse (book chapter), in EMERGING TRENDS IN INTERNATIONAL ARBITRATION, in Thomson Reuters (2021) (with Per Magnusson and Alban Dautaj).
• International Investment Law and ISDS, in 45:1 Fordham Int’l L.J (2021) (with Crina Baltag).
• Between Backlash and the Re-Emerging “Calvo Doctrine”: Investor State Dispute Settlement in an Era of Socialism, Protectionism, and Nationalism, in 41:3 Northwestern. J. Int'l L. & Bus. (2021).
• Promoting, Regulating, and Enforcing Human Rights through International Investment Law and ISDS, in 45:1 Fordham Int’l L.J (2021) (with Crina Baltag).
• (Covid-19) Arbitral Practice: Lessons We Have Learned the Hard Way, 54:4 Creighton L. Rev. (2021) (with Bruno Gustafsson).
• Fragmentation and Judicialization of International Arbitration: Expedited Arbitration and the “Arbitral Trial”, 13 Penn State Arbitration Law Review (2021).
• Jurisdictional Immunities and Certain Iranian Assets: Missed Opportunities for Defining Sovereign Immunity at The International Court of Justice, in 53 Cornell Int'l L.J. (2021) (med William F. Fox).
• Does a Right to a Physical Hearing Exist in International Arbitration? Chapter on Sweden (2021) (with Per Magnusson), James Hosking, Yasmine Lahlou and Giacomo Rojas Elgueta (eds.), in International Council for Commercial Arbitration (2021).
• The forgotten (or hidden) party perspective in the right to a physical arbitration hearing – expectations, perceptions, and higher (judicial) values, in Juridisk Tidskrift (Vol. 1, 2021/22).   
• Etrak v. Libya: The long story told short, Le Ley Mediación y Arbitraje (2021).
• AI in International Arbitration: The Need for a Human Touch, in J. Disp. Resol. (Vol. 2021, Issue 1) (with Derick H. Lindquist).
• Part 1: Insolvency and arbitration – stuck somewhere between party autonomy and non-arbitrability, in 6:4 Insolvensrättslig Tidskrift (2021).
• An SCC Perspective: What happens when the expedited arbitration provisions are no longer practical? in Juridisk Tidskrift (Vol. 3, 2020/21) (with Per Magnusson).
• Sovereign Immunity from Execution of Foreign Arbitral Awards: Sweden’s Liberal and Pragmatic Contribution, in 2 Stockholm Arbitration Yearbook (2020).
• Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection, in Brill Research Perspectives (2020) (with Dr. Crina Baltag).
• China’s broken promises and diplomatic grandstanding with respect to the 2004 UN Convention on State Immunity, in Czech Yearbook of Public & Private International Law (2020).
• Henry Schein v. Archer & White Sales: Justice Kavanaugh Picking Low-Hanging, Pro-Arbitration Fruit While Side-Stepping the Crux of the Matter, in 75:1 Disp. Res. J. (2020) (with William F. Fox).
• The Rise of AI: Machine Arbitrators vs. Human Imperfection, in 14 Bocconi Legal Papers (2020) (with Derick H. Lindquist).
• Immunity From Suit for International Organizations: The Judiciary’s New Quest of Separating Lawsuit Sheep from Lawsuit Goats, in 27:2 Indiana. J. Global Legal Stud. (2020).
• OGEMID Seminar on Artificial Intelligence in International Arbitration, Transn’l. Disp. Management (2020) (with William F. Fox).  
• Enforcing Arbitral Awards Against States and the Defense of Sovereign Immunity from Execution, in Manchester J. Int’l Economic Law (2019).
• The Life of Arbitration Has Been Experience, not Logic: Gorsuch, Kavanaugh, and the Federal Arbitration Act, in Cardozo. J. Conflict Resol. 1 (2019) (with William F. Fox).
• New Prime Inc. v. Oliveira: Are the judicial pronouncements no longer superior and the text in the Federal Arbitration Act inferior?, in Diritto  Commercio Internazionale (2019) (with William F. Fox).
• Provisional Measures in Investor-State Arbitration: States Playing Games in Local Courts by Invoking the Trump Card (Police Powers), in Bologna L. Rev. (2019) (with Bruno Gustafsson).
• Dissenting Opinions in Investment Treaty Arbitration: The Investment Court System, in U. C. Dublin. L. Rev. (2017).
• Arbitrators Facing Money Laundering: Between Scylla and Charybdis, Young. Arb. Rev. (2017).
• ITA: The MFN Clause and its Procedural Extension – A Case Study of the RosInvesco Case, The MFN clause in light of treaty interpretation, in Young. Arb. Rev. (2016).