Hay Emily

Hay Emily Australia Belgium

Sole Arbitrator Emergency Arbitrator Member of the arbitral tribunal
Australia Australian (Australia) Belgium Belgian (Belgium) Resident in Belgium English — Fluent Spanish — Intermediate French — Intermediate

Surname
Emily
First name
Hay
Current professional position
Partner
Organisation / firm
ArbBoutique
Country of residence
Belgium
Nationality
Australian (Australia) Belgian (Belgium)
Languages spoken & proficiency
EnglishFluent SpanishIntermediate FrenchIntermediate

Arbitrator roles
Sole Arbitrator Emergency Arbitrator Member of the arbitral tribunal
Professional biography
Emily Hay acts as arbitrator and counsel in international arbitration proceedings. With over a decade of experience, Ms Hay has had over a dozen appointments as arbitrator in cases under the CEPANI, DIAC, DIFC-LCIA, ICC, SIAC, Swiss and UNCITRAL Rules. She is the co-chair of the ICC Commission on Arbitration and ADR Task Force on Artificial Intelligence in Dispute Resolution, the Chair of the ICC Australia Arbitration Committee, and sits on the ACICA Rules Committee, among other professional appointments. Ms Hay’s cases span various industry sectors, including aggregates, aviation, banking, construction, consumer appliances, cryptocurrency, energy, fuel cell technology, food and beverages, hydropower, medical devices, military equipment, nuclear, oil and gas, real estate, satellites, semiconductors, shipping and wind. She has worked on cases under Belgian, Cambodian, English, French, Greek, Hong Kong, Indian, Korean, New York, Nigerian, Peruvian, Swiss, UAE and Turkish law. ‍With expertise in new technology, data protection, ESG and renewable energy, Emily also advises on emerging areas of disputes. ‍Emily has lived and worked in Asia, Australia, Europe and the Middle East, bringing a truly global perspective to her practice. Emily has been ranked by Lexology Index (formerly Who’s Who Legal) since 2021 as a Future Leader in Arbitration, and since 2024 as a Global Elite Thought Leader (Under 45). Since 2023 she has been among the EMEA Non-Partners most highly regarded individuals. She has been described as “analytical in her approach and commercially-minded in decision-making – one of the leading arbitrators of the future”, “sharp, diligent and a pleasure to work with; she has all the hallmarks of a future star”, and “very meticulous and brilliantly impressive”. Colleagues have noted that she is “highly regarded, especially for disputes with an Asia-Pacific angle”, “sharp, thoughtful and calm under pressure” and that “her experience with emerging issues makes her a particularly forward-looking practitioner”, noting also that she is “an expert in data protection and technology”. ‍Emily regularly writes, speaks and teaches on issues related to international arbitration, in particular on new technology, ESG and renewable energy.

Arbitrations conducted
10-50
6 years in this role
Role in arbitrations
Member of tribunal Presiding arbitrator Sole arbitrator

Legal / dispute expertise
Business & Corporate Law Commercial contracts Damages & valuation Dispute resolution / arbitration practice Licensing & technology transfer Regulatory & compliance (incl. pharma, medical devices, technology)
Industries
Construction & engineering Energy & utilities Infrastructure & transport Manufacturing & industrials Pharmaceuticals & life sciences Technology & IT Telecommunications

Bar admission(s)
NSW, Australia (Solicitor); Brussels, Belgium (Registered Foreign Lawyer)
Governing law experience
Civil law Common law Mixed
Seat of arbitration experience
Brussels; Delhi; DIFC; Dubai; Geneva; Gibraltar; Hong Kong; Lagos; London; Melbourne; Seoul; Singapore; Washington, DC; Zurich

Education (degrees)
Leiden University, Leiden, the Netherlands : Master of Laws in Advanced Studies in Public International Law (cum laude) 2011 – 2012 ; Macquarie University, Sydney, Australia: Bachelor of Arts and Bachelor of Laws (First Class Honours) 2002 – 2008
Institutional panels & memberships
CEPANI – Belgian Centre for Arbitration and Mediation HKIAC – Hong Kong International Arbitration Centre ICC – International Chamber of Commerce SIAC – Singapore International Arbitration Centre WIPO Arbitration and Mediation Center
Publications and/or speaking engagements

- ‘Thinking Outside the Black Box: Arbitration and Artificial Intelligence’ in C. Bao and A. Sheppard KC (eds), ICCA Congress Series No. 22, International Arbitration: A Human Endeavour (Hong Kong 2024) (Kluwer, 2025) - ‘Consumer Protection’ in J. R. Mata Dona and N. Lavranos / N. Lavranos and S. Castagna (eds), International Arbitration and EU Law (Edward Elgar, 1st edn 2021, 2nd edn 2024) with Niuscha Bassiri - ‘Under My Umbrella: Seeking Shelter Under an ESG Clause’ (2023) 16(2) Contemporary Asia Arbitration Journal 215 - ‘Supply Chain Disputes and ESG Contractual Clauses’ in L. Achtouk-Spivak, R. Barrett et al, ESG and International Arbitration: Beyond the Acronyms – Reports from the CEPANI Colloquium held on 17 November 2023 (Kluwer, 2023), with Lisa Bingham - ‘Something Borrowed, Something Blue: The Best of Both Worlds in Metaverse-related Disputes’ (2022) 15(2) Contemporary Asia Arbitration Journal 205, with Elizabeth Chan - ‘Data Protection and International Arbitration: Never the Twain Shall Meet?’ in P. Ortolani et al (eds), International Arbitration and Technology (Kluwer, 2022) - ‘Issues of Arbitrability in Telecoms Arbitration’ in W. Pydiamah (ed), Global Arbitration Review: The Guide to Telecoms Arbitrations (Law Business Research, 2022)