Yes, subject to the rules that govern the particular body. Government bodies are often represented by government law officers in the courts, but ministries, statutory corporations and state-owned companies may also appoint private counsel, especially for arbitration, specialist or international matters. The appointment must follow the body's procurement and approval rules, and the scope of instructions should be clear. Effective sovereign representation usually involves close cooperation between private counsel, the client's legal department and any law officers who remain involved in the matter. We are used to working within these structures.

We run conflict checks covering the state body, its supervising ministry, related state-owned entities and the opposing parties, and we disclose any relationship that could reasonably concern the client. Because the state is involved in many sectors, it is important to agree at the start which entities are treated as the client and how the firm's other work will be handled. We also maintain confidentiality procedures for sensitive information. Clear engagement terms protect both the public body and the integrity of the sovereign representation. We revisit conflicts if the matter changes.

Act promptly and in a coordinated way. Identify the treaty, the investor and the measures complained of, and note the cooling-off and consultation periods. Inform the ministries responsible for legal affairs, finance and the relevant sector, and preserve documents. Avoid public statements or new regulatory actions on the matter without legal input, because they may be cited in the arbitration. Early legal advice can identify jurisdictional objections and assess whether negotiation during the cooling-off period could resolve the dispute at lower cost. Sovereign representation at this stage is often decisive. Silence can also be costly.

This depends on the body's governing statute, its board rules, financial delegations and any requirement for ministry or cabinet-level approval. Settlements involving significant public funds usually need clear written justification. We prepare advice that sets out the litigation risk, likely costs and the value of settlement compared with continuing, so that decision-makers can approve or reject a proposal on a documented basis. That record matters for audit and accountability purposes, and it is a central part of responsible sovereign representation. We tailor advice to the approving authority. Our written advice is drafted for that purpose.

Confidentiality depends on the arbitration rules, the agreement between the parties and any applicable transparency regime, and it can differ between commercial and investment treaty arbitration. Public bodies are also subject to accountability rules, such as audit and, in some cases, the Right to Information Act 2009, which may require disclosure of certain information. We advise on how to protect genuinely sensitive information, such as commercial or security material, while meeting legal disclosure obligations and the legitimate public interest in transparency. Sovereign representation must respect both duties. We help the client draw those lines.

Such claims do arise, and the answer depends on the nature of the employment, the role of the employee, the terms of the contract and the applicable rules on immunity and diplomatic privileges. Some employment relationships may be treated differently from others, for example where the employee performed governmental functions. We assess the claim, the available defences and the diplomatic implications, and we often recommend early, discreet negotiation where that protects the foreign state's relationships and avoids a public dispute. Discretion is often the best protection. We also check the contract terms.

Officials often change posts during long disputes, which can make it harder to collect evidence. We identify key witnesses early, record their recollections while memories are fresh, and work with the client's administration to keep access to them after transfers or retirement. Contemporaneous documents become especially important, so we organise a central record early. Good witness management is a practical but essential part of sovereign representation, and it often determines how persuasive the state's case is at the hearing. We also plan for witness availability.

Yes, we act for private clients in disputes with public bodies, as many firms in Bangladesh do. We manage this through conflict checks and clear client-by-client decisions, and we would not act against an existing client in a matter where a conflict arises. Experience on both sides helps us understand how claims against the state are built and defended. When we accept a sovereign representation mandate, we discuss in advance any limitations needed to protect the public body's interests and confidence. Transparency on these questions builds trust. We will always raise such questions early.