24 | Acquisition International, Issue 9 2023 aria Fogdestam-Agius is a public international law expert who is also a seasoned international dispute resolution lawyer. In addition to her disputes work, she also practices in the topical area of business and human rights and other legal aspects of corporate sustainability. Based in Stockholm, Sweden, she is a partner of Westerberg & Partners, a firm formed in early 2019 by two break-away departments from one of Sweden’s largest firms, dedicated to general dispute resolution and intellectual property rights law. The firm services a number of high-value clients, including major Swedish corporations with household brands, the governments of several sovereign states, and a number of large European insurance companies. It also regularly appears in largescale disputes in the construction sector. The firm’s Dispute Resolution group has over the years taken on a higher share of international case work, in particular in arbitral cases and cases involving public international law aspects. It is now one of the most experienced public international law practices in Stockholm, with a capacity to handle a wide variety of cases. Its experience in the field includes cases that raise issues of corruption under international law, universal jurisdiction for crimes against humanity, international sanctions, state succession to treaties, and enforcement of awards against states. The team is also experienced in sovereign and diplomatic immunities, corporate human rights responsibilities, and the law relating to indigenous rights and to cultural heritage. As the award-winning head of the Dispute Resolution group, Maria’s work invariably involves highly complex cases in technically challenging areas of law. On a personal level, Maria has acted for clients in litigation between sovereign states as well as investment treaty arbitration. Her practice has led her to appear before some of the most austere courts in her jurisdiction and field, including the Swedish Supreme Court and the International Court of Justice in The Hague . Maria began her career as a practising lawyer in London in 2014, having recently defended her doctoral thesis in public international law at Uppsala University. After completing her dissertation on the alignment and fragmentation of international case law, she decided it was time for a switch away from academia and took up work at Volterra Fietta in London, working as a practising lawyer solely within the niche of public international law. The work there was very varied, and Maria covered a lot of ground servicing a first-class client list, including governments from diverse states on multiple continents, major international corporations, and local entrepreneurs on diverse legal matters such as international trade and investment, issues arising under the international law of the sea, laws governing the international use of force, international humanitarian law, international human rights law, diplomatic law, the law of state immunity and jurisdiction, to name but a few. This first role was a remarkable snapshot of internationalism, with colleagues present from some 20 different countries, and many languages spoken around the office on a daily Westerberg & Partners is a Swedish boutique law firm handling complex disputes, often with an international angle. The firm is particularly strong in international arbitration, post-award proceedings and cross-border case work and has an excellent reputation for intellectual property rights protection and litigation. Despite the firm’s moderate size, the matters it handles often set precedents. Westerberg’s Dispute Resolution group is headed by Maria Fogdestam-Agius, who has been recognised as the Leading Public International Law Dispute Resolution Adviser of the Year – Sweden. Read on to find out more. basis. The beauty of this diversity meant everyone was forced to sharpen their cultural awareness and knowledge of how different legal concepts translate to individuals with different legal training. During the COVID-19 pandemic, Maria chose to relocate back to Sweden and join the firm at Westerberg & Partners, where she found that the local market for public international law had considerably matured since she left for London. Westerberg & Partners boasted an impressive portfolio of involvement in public international law issues. The complexity of the work was encapsulated in her first appearance before domestic courts in Stockholm, arguing alongside colleagues Bo G.H. Nilsson and Ginta Ahrel before the Swedish Supreme Court that foreign State assets in a sovereign wealth fund under management by a central bank should not be immune from attachment and seizure to satisfy an award against that State. This was of course a terrific place to debut as an advocate in her new jurisdiction, which offered incredibly interesting legal issues to explore in a muchneglected area. Public international law is emerging as an area of interest for a wider range of actors. As international treaties and conventions increasingly regulate with a higher level of detail and for the direct benefit of non-State actors, it is also becoming more common for individuals to have claims against foreign governments under bilateral investment agreements or human rights conventions. The legal aspects of environmental, social and governance (ESG) issues are further examples where international law principles affect corporate entities directly and also impact for the better on individuals and local communities. Maria’s work in this growing sector involves, for example, appraising human rights risks associated with investments or loans placed by institutional investors; advising on indigenous rights in relation to commercial projects involving the use of land and other resources; providing analysis on cultural heritage issues; or designing human M Care for clients in complex cases Jul23376
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