Prof Lee marler
HEAD oF CHAMBERS
NAME
LLB (Hons), LLM (London), LLM (Stellenbosch)
Professor of Public Law, Stellenbosch University
Pavocat Lead Counsel & Head of Chambers
- Senior Integrity & Compliance Counsel | International Organisations Law Practitioner
- Co-Founder, Director & Chair, Africa Regional Centre of Excellence in Integrity (“AFCOE” see: www.rcoe-sa.org)
- Direct Access Accredited
- Completed Bar Standards Board Litigation Course
- CEDR Accredited Mediator
SPECIALISATIONS
- Anti-Bribery & Corruption (esp., MDB & IFI Sanctions Cases)
- Compliance (all aspects, inc., ESG and Sanctions Management)
- Corporate & IGO Investigations
- Asset Identification, Tracing & Recovery
- Rule of Law & Justice System Reform
- University-Accredited Integrity & Compliance Training
International Organisations
- Employment Disputes
- Misconduct Cases
- Whistleblower Protection
- International Commercial Arbitration & Mediation
SUMMARY
Expert in this Field
- an established, recognised and highly experienced Senior Integrity & Compliance Counsel of over 22 years standing in the field and a true expert in:
- Investigating, Countering and Disrupting Corruption and Fraud internationally;
- the provision of crosscutting Integrity Advice, Guidance and Advocacy, including creating and implementing effective, versatile and robust Integrity Compliance Programmes for sustained use in the most challenging of jurisdictions; and
- Leading Integrity and Compliance Teams for the benefit of clients.
- an Expeditionary English Barrister with a successful and long-established International Practice that focuses globally on the full panoply of Rule of Law issues, including improving justice and governance systems for client States, all with a sharp focus on integrity, ethics, anti-bribery and corruption and compliance;a recognised expert in and practitioner of International Organisations Law, and he is known internationally for his work in:
- advancing and resisting cases within the Sanctions Regimes operated around the world by the Multilateral Development Banks (“the MDBs”), such as the African Development Bank in Abidjan, the Asian Development Bank in Manila, the European Bank for Reconstruction and Development in London and the Inter-American Development Bank and the World Bank Group in Washington DC. Lee regularly represents multinational companies and/or their executives, who are accused by the MDBs of having engaged in sanctionable practices on global and regional infrastructure projects that they have financed. He has appeared for many years before the various Sanctions Boards, Committees and Tribunals established by those institutions; and
- representing Staff Members of International Governmental Organisations within the Internal Justice Systems created by those Organisations for resolving employment disputes and disciplinary matters.
- a quintessential ‘team player’ with an established record of successfully managing and leading groups of lawyers and other professionals within the integrity, investigative, prosecutorial and regulatory spheres. He is a persuasive advocate and an accomplished drafter, with his written work having been described by one international judge as being “consistently exemplary” and “crafted with an eye for detail”.
- an established, recognised and highly experienced Senior Integrity & Compliance Counsel of over 22 years standing in the field and a true expert in:
- Investigating, Countering and Disrupting Corruption and Fraud internationally;
- the provision of crosscutting Integrity Advice, Guidance and Advocacy, including creating and implementing effective, versatile and robust Integrity Compliance Programmes for sustained use in the most challenging of jurisdictions; and
- Leading Integrity and Compliance Teams for the benefit of clients.
- an Expeditionary English Barrister with a successful and long-established International Practice that focuses globally on the full panoply of Rule of Law issues, including improving justice and governance systems for client States, all with a sharp focus on integrity, ethics, anti-bribery and corruption and compliance;a recognised expert in and practitioner of International Organisations Law, and he is known internationally for his work in:
- advancing and resisting cases within the Sanctions Regimes operated around the world by the Multilateral Development Banks (“the MDBs”), such as the African Development Bank in Abidjan, the Asian Development Bank in Manila, the European Bank for Reconstruction and Development in London and the Inter-American Development Bank and the World Bank Group in Washington DC. Lee regularly represents multinational companies and/or their executives, who are accused by the MDBs of having engaged in sanctionable practices on global and regional infrastructure projects that they have financed. He has appeared for many years before the various Sanctions Boards, Committees and Tribunals established by those institutions; and
- representing Staff Members of International Governmental Organisations within the Internal Justice Systems created by those Organisations for resolving employment disputes and disciplinary matters.
- a quintessential ‘team player’ with an established record of successfully managing and leading groups of lawyers and other professionals within the integrity, investigative, prosecutorial and regulatory spheres. He is a persuasive advocate and an accomplished drafter, with his written work having been described by one international judge as being “consistently exemplary” and “crafted with an eye for detail”.
EXPERTISE
International Integrity and Compliance
Lee has operated within the following International Governmental Organisations:
- African Development Bank (Tunis & Abidjan)
- Asian Development Bank (Manila)
- European Bank for Reconstruction and Development (London)
- European Investment Bank (Luxembourg)
- Inter-American Development Bank [Washington DC]
- Islamic Development Bank (Jeddah)
- New Development Bank (Shanghai)
- Nordic Investment Bank (Helsinki)
- World Bank Group (Washington DC)
MDB Sanctions Cases
Lee is known internationally for his work in advancing and resisting cases within the sanctions regimes operated around the world by the MDBs, such as the African Development Bank (“AfDB”) in Abidjan, the Asian Development Bank (“AsDB”) in Manila, the European Bank for Reconstruction and Development (“EBRD”) in London, the Inter-American Development Bank (“IDB”) and the World Bank Group in Washington, DC. He regularly represents multinational companies and executives accused by the MDBs of having engaged in fraudulent and corrupt practices on global and regional infrastructure projects that they have financed, and he has appeared for many years before the various Sanctions Boards, Committees and Tribunals established by those institutions. Lee has in the past decade been involved in resolving some of the largest, most challenging and most significant cases to have come out of the MDB community. He has been instructed variously by the likes of Crown Agents, SNC-Lavalin, the AfDB’s P-IACD and the World Bank’s INT. His insight, expertise, innovation and depth of experience sets him aside from others in this area of legal practice.
Compliance
Lee is a leading Compliance Expert with many years of real-world, hands-on experience in the Banking and Commercial Sectors, and his classification as a Senior Integrity & Compliance Counsel is well deserved. He is regularly instructed by companies globally to improve their integrity architecture by, for example, designing new (or updating existing) Integrity Compliance Programmes that incorporate all aspects of ESG and Sanctions Management & Monitoring, and which meet and exceed international compliance standards. Lee’s expertise spans all of the five traditional compliance pillars of prevention, detection, investigation and remediation together with Integrity & Compliance Training delivered directly or with University accreditation via the AFCOE. Lee is engaged by companies to undertake Integrity Gap & Needs Analysis of existing programmes and to Monitor and Verify the implementation of enhanced programmes to regulators.
By way of background, Lee was for several years the Deputy Chief Compliance Officer for the European Bank for Reconstruction and Development (“EBRD”) in London and followed that appointment with a similar appointment in the World Bank Group in Washington DC. He has for the past fifteen years provided bespoke compliance services internationally from the English Bar. Most recently, in 2022/23, Lee produced from scratch the complete integrity and compliance infrastructure, inclusive of a ‘gold standard’ Integrity Compliance Programme, for an extractive company in the LAC region that will enable it to move safely into new and integrity challenged jurisdictions, and he is currently engaged as a Senior Integrity Officer to provide Emergency Integrity Services (together with a significant team of compliance professionals that he leads) to holders of an Integrity Safeguard Policy underwritten by Lloyds of London.
Corporate & International Organisations Investigations
President, Pan Africa Lawyers Union (2005-2016)
President, Cameroon Bar Association
African Development Bank Sanctions Judge
President, Association of Chief Police Officers (2009-2015)
As of January 2024, Lee is instructed to lead a team comprised of several experienced investigators charged with discovering material in the UK that is capable of being relied upon in the defence in the US of a significant multinational telecommunications company.
Integrity Training
Public Protector of South Africa (2009-2016)
AFCOE Founding Patron
AFCOE Founding Patron
Lee is dedicated to fighting corruption in Africa. He is the Co-Founder and Chair of the Africa Regional Centre of Excellence in Integrity (AFCOE see: www.rcoe-sa.org), which is a joint Pavocat/Stellenbosch University initiative to contribute meaningfully to defeating corruption across Africa. At its core, the AFCOE is a training establishment that provides highly specialised and Stellenbosch University accredited short courses of up to three weeks in duration to African counter-corruption investigators, prosecutors and judges from across the continent. The objective of the AFCOE is to raise the capacity of African counter-corruption professionals and in so doing make them more effective and efficient in bringing the corrupt to justice.
In 2022, South Africa’s National Prosecuting Authority entered into a MOU with the AFCOE to train its investigators and prosecutors, and Lee has designed those courses for delivery in Stellenbosch. He leads the Delivery Training Team for all Integrity Courses at the AFCOE and is recognised as a Specialist Integrity Trainer.
Lee is instructed to design and to provide Integrity Training to the staff of businesses around the world, which, if desired, can be delivered via the AFCOE and thereby achieve University accreditation. He is a highly accomplished trainer of long-standing and has been successfully designing and delivering Integrity Training Courses for decades. For two years, Lee was responsible for providing the British Army with all of its Military Law, Laws of War and International Human Rights Training and as the European Bank for Reconstruction and Development’s Deputy Chief Compliance Officer, he was for several years responsible for the entirety of the Bank’s compliance training together with its training infrastructure. This was followed by the delivery of Integrity Training to elements of the United Nations, including the World Bank Group, as well as private sector companies.
In 2023, Lee was instructed and finalised the scope and structure for Integrity Training for a significant gas exploration company in the LAC Region.
Law Reform, IHL & Human Rights
(Quote from his autobiography Combat Civilian, 2019)
(Quote from his autobiography Taking Command, 2014)
Lee has immense expertise and decades of experience in reforming criminal, military justice and human rights systems in complex and demanding jurisdictions and environments around the world. He received, for example, a formal commendation for his work in Papua New Guinea. Lee has designed entire counter-corruption mechanisms that meet the needs of States blighted by systemic corruption, including the creation of new and improved counter-corruption architecture, judicial systems and laws.
He has worked extensively and for several years on improving the criminal justice system of a Middle Eastern State and advising other States on how to improve their counter-corruption and human rights records, so as to substantially improve their international reputations thereby attracting enhanced foreign direct investment.
As a recognised expert in International Humanitarian and Human Rights Law, Lee has advised governments and States, and trained their armed forces, gendarmerie and specialist law enforcement units, at all levels of command, on the resort to armed conflict together with the lawful application of force on operations, both nationally and internationally. He is instructed by companies operating within the Global Defence Sector to employ his International Humanitarian and Human Rights Law expertise for their benefit and that of others, and in so doing improve their respective reputations as responsible manufacturers and service providers, as well as enabling those companies to exploit international markets that might otherwise be closed to them.
International Organisations Law
Lee has operated within the following International Governmental Organisations:
- African Development Bank (Tunis & Abidjan)
- Asian Development Bank (Manila)
- CGIAR (Montpellier)
- European Bank for Reconstruction and Development (London)
- Inter-American Development Bank (Washington DC)
- International Coffee Organisation (London)
- International Maritime Organisation (London)
- Pan American Health Organisation (Washington DC)
- United Nations Relief and Works Agency (Gaza and Amman)
- World Bank Group (Washington DC)
- World Intellectual Property Organisation (Geneva)
- World Meteorological Organisation (Geneva)
Lee is a renowned and well-established expert in – and practitioner of – international organisations law, including International Administrative Law (“IAL”), which is the distinct employment or labour law practised by the international governmental organisations. He is a well-known, highly respected and recognised specialist of many years standing in this field. Lee founded and chaired the International Administrative Law Centre of Excellence and for several years moderated its annual conferences in London. He has appeared on numerous occasions over the years before Administrative Tribunals, Grievance Committees and Courts, and before respected IAL Judges, such as Professor Roy Lewis. He has also trained many of the lawyers now practising in this specialist area of the law.
As an adjunct to his Integrity Practice, Lee continues actively to represent international civil servants – and the Staff Associations, Councils and Unions to which they belong – in their varied concerns and disputes with their respective employers, including disciplinary matters.
As of March 2024, Lee is currently involved in four separate matters, one of which is an instruction to assist CGIAR.
In addition, Lee is increasingly instructed to represent companies in arbitral proceedings, where the underlying cause of action is corruption or where the dispute involves a contract financed by the MDBs, such as the World Bank. He has been engaged as Lead Counsel in three significant international commercial arbitrations under the UNCITRAL Arbitration Rules emanating from disputes in Kazakhstan, Afghanistan and elsewhere. Lee’s expertise in public sector procurement, MDB financed projects and counter-corruption make him the ideal choice of counsel to those companies who are being held hostage to demands of public officials operating in complex and challenging environments.
In 2019, he was voted Administrative Law Lawyer of the Year (UK) in the Finance Monthly Legal Awards.
MDB Sanctions Cases
Lee is known internationally for his work in advancing and resisting cases within the sanctions regimes operated around the world by the MDBs, such as the African Development Bank (“AfDB”) in Abidjan, the Asian Development Bank (“AsDB”) in Manila, the European Bank for Reconstruction and Development (“EBRD”) in London, the Inter-American Development Bank (“IDB”) and the World Bank Group in Washington, DC. He regularly represents multinational companies and executives accused by the MDBs of having engaged in fraudulent and corrupt practices on global and regional infrastructure projects that they have financed, and he has appeared for many years before the various Sanctions Boards, Committees and Tribunals established by those institutions. Lee has in the past decade been involved in resolving some of the largest, most challenging and most significant cases to have come out of the MDB community. He has been instructed variously by the likes of Crown Agents, SNC-Lavalin, the AfDB’s P-IACD and the World Bank’s INT. His insight, expertise, innovation and depth of experience sets him aside from others in this area of legal practice.
Compliance
Lee is a leading Compliance Expert with many years of real-world, hands-on experience in the Banking and Commercial Sectors, and his classification as a Senior Integrity & Compliance Counsel is well deserved. He is regularly instructed by companies globally to improve their integrity architecture by, for example, designing new (or updating existing) Integrity Compliance Programmes that incorporate all aspects of ESG and Sanctions Management & Monitoring, and which meet and exceed international compliance standards. Lee’s expertise spans all of the five traditional compliance pillars of prevention, detection, investigation and remediation together with Integrity & Compliance Training delivered directly or with University accreditation via the AFCOE. Lee is engaged by companies to undertake Integrity Gap & Needs Analysis of existing programmes and to Monitor and Verify the implementation of enhanced programmes to regulators.
By way of background, Lee was for several years the Deputy Chief Compliance Officer for the European Bank for Reconstruction and Development (“EBRD”) in London and followed that appointment with a similar appointment in the World Bank Group in Washington DC. He has for the past fifteen years provided bespoke compliance services internationally from the English Bar. Most recently, in 2022/23, Lee produced from scratch the complete integrity and compliance infrastructure, inclusive of a ‘gold standard’ Integrity Compliance Programme, for an extractive company in the LAC region that will enable it to move safely into new and integrity challenged jurisdictions, and he is currently engaged as a Senior Integrity Officer to provide Emergency Integrity Services (together with a significant team of compliance professionals that he leads) to holders of an Integrity Safeguard Policy underwritten by Lloyds of London.
Corporate & International Organisations Investigations
President, Pan Africa Lawyers Union (2005-2016)
President, Cameroon Bar Association
African Development Bank Sanctions Judge
President, Association of Chief Police Officers (2009-2015)
As of January 2024, Lee is instructed to lead a team comprised of several experienced investigators charged with discovering material in the UK that is capable of being relied upon in the defence in the US of a significant multinational telecommunications company.
Integrity Training
Public Protector of South Africa (2009-2016)
AFCOE Founding Patron
AFCOE Founding Patron
Lee is dedicated to fighting corruption in Africa. He is the Co-Founder and Chair of the Africa Regional Centre of Excellence in Integrity (AFCOE see: www.rcoe-sa.org), which is a joint Pavocat/Stellenbosch University initiative to contribute meaningfully to defeating corruption across Africa. At its core, the AFCOE is a training establishment that provides highly specialised and Stellenbosch University accredited short courses of up to three weeks in duration to African counter-corruption investigators, prosecutors and judges from across the continent. The objective of the AFCOE is to raise the capacity of African counter-corruption professionals and in so doing make them more effective and efficient in bringing the corrupt to justice.
In 2022, South Africa’s National Prosecuting Authority entered into a MOU with the AFCOE to train its investigators and prosecutors, and Lee has designed those courses for delivery in Stellenbosch. He leads the Delivery Training Team for all Integrity Courses at the AFCOE and is recognised as a Specialist Integrity Trainer.
Lee is instructed to design and to provide Integrity Training to the staff of businesses around the world, which, if desired, can be delivered via the AFCOE and thereby achieve University accreditation. He is a highly accomplished trainer of long-standing and has been successfully designing and delivering Integrity Training Courses for decades. For two years, Lee was responsible for providing the British Army with all of its Military Law, Laws of War and International Human Rights Training and as the European Bank for Reconstruction and Development’s Deputy Chief Compliance Officer, he was for several years responsible for the entirety of the Bank’s compliance training together with its training infrastructure. This was followed by the delivery of Integrity Training to elements of the United Nations, including the World Bank Group, as well as private sector companies.
In 2023, Lee was instructed and finalised the scope and structure for Integrity Training for a significant gas exploration company in the LAC Region.
Law Reform, IHL & Human Rights
(Quote from his autobiography Combat Civilian, 2019)
(Quote from his autobiography Taking Command, 2014)
Lee has immense expertise and decades of experience in reforming criminal, military justice and human rights systems in complex and demanding jurisdictions and environments around the world. He received, for example, a formal commendation for his work in Papua New Guinea. Lee has designed entire counter-corruption mechanisms that meet the needs of States blighted by systemic corruption, including the creation of new and improved counter-corruption architecture, judicial systems and laws.
He has worked extensively and for several years on improving the criminal justice system of a Middle Eastern State and advising other States on how to improve their counter-corruption and human rights records, so as to substantially improve their international reputations thereby attracting enhanced foreign direct investment.
As a recognised expert in International Humanitarian and Human Rights Law, Lee has advised governments and States, and trained their armed forces, gendarmerie and specialist law enforcement units, at all levels of command, on the resort to armed conflict together with the lawful application of force on operations, both nationally and internationally. He is instructed by companies operating within the Global Defence Sector to employ his International Humanitarian and Human Rights Law expertise for their benefit and that of others, and in so doing improve their respective reputations as responsible manufacturers and service providers, as well as enabling those companies to exploit international markets that might otherwise be closed to them.
International Organisations Law
Lee is a renowned and well-established expert in – and practitioner of – international organisations law, including International Administrative Law (“IAL”), which is the distinct employment or labour law practised by the international governmental organisations. He is a well-known, highly respected and recognised specialist of many years standing in this field. Lee founded and chaired the International Administrative Law Centre of Excellence and for several years moderated its annual conferences in London. He has appeared on numerous occasions over the years before Administrative Tribunals, Grievance Committees and Courts, and before respected IAL Judges, such as Professor Roy Lewis. He has also trained many of the lawyers now practising in this specialist area of the law.
As an adjunct to his Integrity Practice, Lee continues actively to represent international civil servants – and the Staff Associations, Councils and Unions to which they belong – in their varied concerns and disputes with their respective employers, including disciplinary matters.
Lee has operated within the following International Governmental Organisations:
- African Development Bank (Tunis & Abidjan)
- Asian Development Bank (Manila)
- European Bank for Reconstruction and Development (London)
- European Investment Bank (Luxembourg)
- International Coffee Organisation (London)
- International Maritime Organisation (London)
- Islamic Development Bank (Jeddah)
- New Development Bank (Shanghai)
- Nordic Investment Bank (Helsinki)
- Pan American Health Organisation (Washington DC)
- United Nations Relief and Works Agency (Gaza and Amman)
- World Bank Group (Washington DC)
- World Intellectual Property Organisation (Geneva)
- World Meteorological Organisation (Geneva)
As of January 2024, Lee is currently involved in four high profile IAL cases in London and Manila.
In addition, Lee is increasingly instructed to represent companies in arbitral proceedings, where the underlying cause of action is corruption or where the dispute involves a contract financed by the MDBs, such as the World Bank. He has been engaged as Lead Counsel in three significant international commercial arbitrations under the UNCITRAL Arbitration Rules emanating from disputes in Kazakhstan, Afghanistan and elsewhere. Lee’s expertise in public sector procurement, MDB financed projects and counter-corruption make him the ideal choice of counsel to those companies who are being held hostage to demands of public officials operating in complex and challenging environments.
In 2019, he was voted Administrative Law Lawyer of the Year (UK) in the Finance Monthly Legal Awards.
As of January 2024, Lee is currently involved in four high profile IAL cases in London and Manila.
In addition, Lee is increasingly instructed to represent companies in arbitral proceedings, where the underlying cause of action is corruption or where the dispute involves a contract financed by the MDBs, such as the World Bank. He has been engaged as Lead Counsel in three significant international commercial arbitrations under the UNCITRAL Arbitration Rules emanating from disputes in Kazakhstan, Afghanistan and elsewhere. Lee’s expertise in public sector procurement, MDB financed projects and counter-corruption make him the ideal choice of counsel to those companies who are being held hostage to demands of public officials operating in complex and challenging environments.
In 2019, he was voted Administrative Law Lawyer of the Year (UK) in the Finance Monthly Legal Awards.
ASSOCIATIONS
Memberships
- Lincoln’s Inn
- The South Eastern Circuit
- International Bar Association
- British Institute of International and Comparative Law
- Centre for Effective Dispute Resolution
- Professional Association of Diving Instructors (Master Scuba Diver)
- Lincoln’s Inn
- The South Eastern Circuit
- International Bar Association
- British Institute of International and Comparative Law
- Centre for Effective Dispute Resolution
- Professional Association of Diving Instructors (Master Scuba Diver)
BACKGROUND
International Lawyer
Lee was born in Essex in England, educated predominantly in the United Kingdom, lived and studied on scholarship in Southern Africa, and, having been called in 1987 to the Bar at Lincoln’s Inn, he spent many years working internationally as a military, UN and latterly civilian lawyer in America, Australia, Bahrain, Bosnia, East Timor, Kosovo, Palestine, Papua New Guinea, South Africa, Tokyo and Tunis. Lee is a graduate of the University of London (Queen Mary College) and the University of Stellenbosch (South Africa), where he was awarded in 1989 a coveted high ‘first’ for his Masters’ thesis on comparative laws of evidence. Today, Lee’s connection with Stellenbosch continues, as aside from his Professorship in Public Law, he proudly sponsors annually the Marler Prizes for Anti-Corruption in Africa.
Lee was born in Essex in England, educated predominantly in the United Kingdom, lived and studied on scholarship in Southern Africa, and, having been called in 1987 to the Bar at Lincoln’s Inn, he spent many years working internationally as a military, UN and latterly civilian lawyer in America, Australia, Bahrain, Bosnia, East Timor, Kosovo, Palestine, Papua New Guinea, South Africa, Tokyo and Tunis. Lee is a graduate of the University of London (Queen Mary College) and the University of Stellenbosch (South Africa), where he was awarded in 1989 a coveted high ‘first’ for his Masters’ thesis on comparative laws of evidence. Today, Lee’s connection with Stellenbosch continues, as aside from his Professorship in Public Law, he proudly sponsors annually the Marler Prizes for Anti-Corruption in Africa.