Each year, the Case Committee of the NLSTIAM starts its work in the preceding year itself. The Case Committee works in coordination with the Organizing Committee to develop the fact scenario and determine the issues of law to be included in the Case-Study. The area of law on which the Case-Study is based changes every year between investment arbitration and commercial arbitration. Generally, the Case-Study is based on one particular theme (e.g. spectrum allocation) and has mix of procedural issues (e.g. jurisdiction, admissibility, interim measures, disqualification of arbitrator) and substantive issues. The Case Committee submits its draft to the Organizing Committee which is then reviewed by several eminent and domestic and international practitioners who provide their valuable feedback. After multiple rounds of reviews, the Case-Study is published on the Website. The Case Committee is also responsible for responding to any request for clarifications (if needed) within the specified deadline.
This year, the Case- Study is based on International Commercial Arbitration. It deals with an agreement between BEST AND OOPS wherein the former undertook to provide the LATTER with engineering consultancy services for its pipeline project. The issues arising in the Case-Study deal with allegations of breach of obligations under the agreement and the consequent liability and immunity from the same. Further, the Case- Study also contains issues dealing with the jurisdiction of the arbitral tribunal; the damages arising out of the alleged breach of obligations and the applicable interest rate.
The area of law for the Case Study this year is International Commercial Arbitration. The case study is being drafted by a two-member committee. Please find below the introduction of the members of the Case- Committee for NLSTIAM 2017.
Ms. Sophie Nappert
Sophie is a dual-qualified lawyer in Canada and in the UK. She is an arbitrator in independent practice, based in London. Before becoming a full-time arbitrator, she was Head of International Arbitration at a global law firm in London. Sophie is trained and has practiced in both civil law and common law jurisdictions. She is the peer-nominated Moderator of OGEMID, the online discussion forum on current issues of international investment law, economic law and arbitration. She is ranked in Global Arbitration Review’s Top 30 List of Female Arbitrators Worldwide and is commended as a “leading light” in the field by Who’s Who Legal.
Her areas of expertise include: energy and natural resources, infrastructure, hotel and leisure, pharmaceuticals, telecoms, joint ventures, concession agreements, emerging economies and notably Russia, Kazakhstan and the Caspian region, the Energy Charter Treaty, investment treaty disputes, investment law and EU law, and disputes against State parties.
Sophie is the author of a Commentary on the 2010 UNCITRAL Arbitration Rules: A Practitioner’s Guide (Juris, 2012). She is a regular speaker at conferences and seminars on issues of arbitration and international law. She is also a guest lecturer at Columbia Law School, Harvard Law School and McGill University Faculty of Law.
Sophie has been actively involved with the Foreign Direct Investment International Arbitration Moot and currently sits on the Board of Advisors of the Moot. She has also created the Nappert Prize in International Arbitration, open to young scholars and practitioners worldwide, and administered under the auspices of McGill University.
Ms. Ermelinda Beqiraj
Ermelinda is a partner at PwC London. She advises clients and their legal advisors in disputes arising from breaches of contract, transactions (including breach of warranty claims) and investment treaties, in a range of sectors including: energy, mining, telecoms, financial services, construction, transport, healthcare and consumer products. She has a particular focus on disputes arising in emerging markets, particularly Central & Eastern Europe.
Ermelinda is also experienced in advising clients during the sale or purchase of businesses, in respect of the preparation and review of completion accounts or earn-out statements, as well as throughout the expert determination process.
Download the case study:
The Case Study – 2017 (PDF)