Raphaël Tulkens
Call: 2025; 2020 (Solicitor)
Practice Overview
Raphaël is building a broad practice across Chambers’ core areas, with a particular interest in international arbitration, arbitration-related court proceedings, the conflict of laws and public international law.
Before coming to the Bar, Raphaël served as the Judicial Assistant to Lord Leggatt at the UK Supreme Court and Judicial Committee of the Privy Council. In that capacity, he worked on over 40 appeals, including leading cases such as El-Khouri v United States of America [2025] UKSC 3 (on the test for double criminality in extradition), Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs [2025] UKSC 30 (on the Russia sanctions regime) and Credit Suisse Life (Bermuda) Ltd v Ivanishvili [2025] UKPC 53 (on misrepresentation).
Prior to that, Raphaël practised as a solicitor in the International Arbitration group at Shearman & Sterling LLP (now A&O Shearman) in London, where he was instructed on high-value commercial, construction and investor-State arbitrations. He has experience of a wide range of arbitral rules and institutions, including ICSID, ICC, LCIA, SIAC and construction Dispute Adjudication Boards.
Raphaël holds a BA in Jurisprudence with Senior Status (First Class) and a Bachelor of Civil Law (Distinction) from the University of Oxford. He also holds a BA in Philosophy (First Class) from the New College of the Humanities, University of London. He received a number of academic awards, including the D’Souza Prize for best overall performance in the Senior Status BA at Oxford.
Raphaël is fluent in French and English.
International Arbitration
- Infrastructure Services Luxembourg SARL v The Kingdom of Spain [2026] UKSC 9: Assisted in the preparation for a hearing before the UK Supreme Court on state immunity and the interpretation of the ICSID Convention.*
- Operafund Eco-Invest Sicav PLC v The Kingdom of Spain [2025] EWHC 2874 (Comm): Assisted in High Court proceedings before HHJ Pelling KC on transnational issue estoppel, the assignability of ICSID awards under international law and the effect of registration under the Arbitration (International Investment Disputes) Act 1966.*
- Hulley Enterprises Limited and others v The Russian Federation [2026] EWHC 456 (Comm): Assisted on the trial of various preliminary issues before Bright J in the context of enforcement proceedings arising from arbitral awards worth over US$50 billion.*
- Drafted advice on complex issues of jurisdiction in the context of a potential ICSID arbitration claim.*
- KLS Energy Lanka Sdn. Bhd. v Democratic Socialist Republic of Sri Lanka, ICSID Case No. ARB/18/39: Acted for the claimants in this ICSID arbitration claiming over US$100 million for the alleged expropriation of a wind farm. The case raised a range of questions of international law, including in relation to jurisdiction and attribution.**
- Hela Schwarz GmbH v People’s Republic of China, ICSID Case No. ARB/17/19: Acted as part of a team for the respondent State in this ICSID arbitration concerning the alleged expropriation of a factory in China. The case raised novel jurisdictional issues under the Germany–China BIT.**
- SIAC arbitration: Acted for a large North American multinational in a SIAC arbitration against a South Asian private equity firm arising out of a shareholder agreement, with claims of over US$140 million.**
- Acted as part of a team representing a North American multinational construction company against an Asian multinational in relation to two complex ad hoc arbitrations and related adjudications arising out of two energy megaprojects in Africa, with multiple claims and counterclaims of over US$2 billion.**
- Rasia FZE and another v The Republic of Armenia, ICSID Case No. ARB/18/28: Assisted on jurisdictional issues in an ICSID arbitration alleging unlawful expropriation and denial of fair and equitable treatment in relation to a railway project and motorway in southern Armenia.**
- Alverley Investments and another v Romania, ICSID Case No. ARB/18/30: Assisted the team representing the claimant in an ICSID arbitration alleging the expropriation of a commercial and residential development near Bucharest.**
- OHL and another v Qatar Foundation [2019] EWHC 2539 (Comm): Assisted the team representing joint venture partners in an ICC arbitration and ancillary s.68 proceedings before the Commercial Court, concerning the termination of a US$2 billion construction contract for a major medical centre in Qatar.**
*Work undertaken during pupillage.
**Work undertaken as a solicitor before coming to the Bar.
Public International Law
- Infrastructure Services Luxembourg SARL v The Kingdom of Spain [2026] UKSC 9: Assisted in the preparation for a hearing before the UK Supreme Court on state immunity and the interpretation of the ICSID Convention.*
- Operafund Eco-Invest Sicav Plc v The Kingdom of Spain [2025] EWHC 2874 (Comm): Assisted in High Court proceedings before HHJ Pelling KC on transnational issue estoppel, the assignability of ICSID awards under international law and the effect of registration under the Arbitration (International Investment Disputes) Act 1966.*
- Hulley Enterprises Limited and others v The Russian Federation [2026] EWHC 456 (Comm): Assisted on the trial of various preliminary issues before Bright J in the context of enforcement proceedings arising from arbitral awards worth over US$50 billion.*
- Drafted advice on complex issues of jurisdiction in the context of a potential ICSID arbitration claim.*
- KLS Energy Lanka Sdn. Bhd. v Democratic Socialist Republic of Sri Lanka, ICSID Case No. ARB/18/39: Acted for the claimants in this ICSID arbitration claiming over US$100 million for the alleged expropriation of a wind farm. The case raised a range of questions of international law, including in relation to jurisdiction and attribution.**
- Hela Schwarz GmbH v People’s Republic of China, ICSID Case No. ARB/17/19: Acted as part of a team for the respondent State in this ICSID arbitration concerning the alleged expropriation of a factory in China. The case raised novel jurisdictional issues under the Germany–China BIT.**
- Rasia FZE and another v The Republic of Armenia, ICSID Case No. ARB/18/28: Assisted on jurisdictional issues in an ICSID arbitration alleging unlawful expropriation and denial of fair and equitable treatment in relation to a railway project and motorway in southern Armenia.**
- Alverley Investments and another v Romania, ICSID Case No. ARB/18/30: Assisted the team representing the claimant in an ICSID arbitration alleging the expropriation of a commercial and residential development near Bucharest.**
*Work undertaken during pupillage.
**Work undertaken as a solicitor before coming to the Bar.
Civil Fraud
- Culina and others v Van Mourik and others: Assisted with drafting a CPR Part 18 request for further information in an extensive dispute involving allegations of civil fraud, breach of contract and breach of directors’ duties.*
- Alliance Petrochemical Investment (Singapore) PTE Ltd v Mazzagatti and another [2026] EWHC 2178 (Comm): Assisted on an application for a worldwide freezing order in a large civil fraud claim.*
- Brampford House Estate Limited and others v Marlborough Consultancy Services and others [2026] EWHC 1663 (Comm): Assisted with the hearing of a contempt application before Bryan J in a civil fraud case.*
*Work undertaken during pupillage.
Commercial Litigation
- Shukla v St James Bank & Trust Company Ltd and another [2026] EWHC 851 (Comm): Assisted on the hearing of a summary judgment application before Nigel Cooper KC sitting as a Deputy High Court Judge. The case raised complex points of law relating to the equitable doctrine against clogs on the equity of redemption, the proper characterisation of a loan as a sale or a mortgage, and the rights of borrowers to repay and redeem the security.*
- Moelis v Emarat: Assisted with a High Court trial before Stuart Ritchie KC sitting as Deputy High Court Judge in a breach of contract dispute concerning US$6.7m in unpaid investment banking fees.*
- Khizhnyak v Chao and another: Assisted with a trial in the London Circuit Commercial Court before HHJ Nigel Bird KC relating to a shareholder dispute involving claims of breach of contract and proprietary estoppel.*
- Worman v Worman: Assisted with a PTR in this unfair prejudice litigation.*
- Appeared in the Slough County Court on behalf of a lender to resist two applications to set aside statutory demands against company directors.*
- Appeared in the Sheffield County Court on behalf of a betting firm to apply for the setting aside of a default judgment.*
- Drafted pleadings in ongoing litigation brought by a lender against company directors under personal guarantees.*
- Assisted in drafting a detailed merits advice in an M&A introduction fee dispute.*
*Work undertaken during pupillage.
