Simon J. Nesbitt
Maitland Chambers
7 Stone Buildings
Lincoln’s Inn
London WC2A 3SZ
England
Trained Lovell White Durrant (now Hogan Lovells); Solicitor and Avocat, Hogan Lovells (London and Paris) 1994–2002; Partner and Global Co-Head of International Arbitration, Hogan Lovells 2002-2015; Arbitrator & Barrister, Maitland Chambers since 2015.
* Co-arbitrator in a US$2.65 billion ICC arbitration between a Middle Eastern owner and a Korean contractor, arising in connection with an agreement for the engineering, procurement and construction of offshore platforms and undersea pipeline facilities for an offshore natural gas field, including claims based on the civil law concept of decennial liability.
* Sole arbitrator in an ICC arbitration seated in London between an Italian manufacturer of pharmaceutical equipment and its Indian distributor for breach of a distribution agreement governed by Italian law.
* Chairman in an LCIA arbitration seated in London between a Mauritanian company and a Chinese company of disputes arising under a contract for the provision of monitoring, field and maintenance and support services to the claimant’s wireless telecommunications network in various countries.
* Co-arbitrator in an LCIA arbitration seated in London of claims by Austrian and Maltese banks against a Russian borrower and UK assignor under a subordinated loan agreement, including hearing two anti-suit injunction applications by the claimants to restrain one of the respondents from pursuing proceedings in a foreign court.
* Co-arbitrator in an ICC arbitration seated in Geneva of claims between a Taiwanese company and the Swiss subsidiary of a major US oil and gas, power, water and engineering group, arising out of an agreement, governed by Swiss law, for the provision of consulting services in relation to nuclear, thermal and hydro power plants.
* Chairman in an LCIA arbitration seated in London of claims by a Russian bank against a consortium of international investors under a shareholders agreement, seeking transfer to the claimant of valuable shares in a Russian energy company, by way of enforcement of security for various loans.
* Co-arbitrator in a SIAC arbitration seated in Singapore of consolidated claims arising under three contracts for the sale and purchase of commodities between an English company and a Singaporean company.
* Chairman in an LCIA arbitration seated in London between a leading Indian retail company and the Dutch and Swiss subsidiaries of a major US footwear group, arising under two related shareholders’’ agreements and concerning the exercise of an option to acquire shares in the relevant joint venture companies.
* Sole arbitrator in an LCIA arbitration seated in London between two off-shore SPVs, owned, respectively, by an international finance group and a team of East African investors, concerning claims for fraudulent misrepresentation and breach of contract arising in connection with a suite of acquisition and investment agreements relating to a major commercial land development in Kenya.
* Chairman in an ICC arbitration seated in Vienna of claims arising under a share sale agreement between US claimants and a Polish respondent, relating to the purchase of shares in a Romanian bank.
* Sole arbitrator in an ICC arbitration seated in Bucharest of claims brought by German and Austrian construction companies against a government agency responsible for administration and maintenance of the public rail infrastructure, arising under a contract for the rehabilitation of 41 railway bridges.
* Sole arbitrator in an LCIA arbitration seated in London of claims brought by a Pakistani power company under a Power Purchase Agreement against a state-owned entity and the Pakistani government, concerning the operation of an electricity power generation plant.
* Co-arbitrator in an ICC arbitration seated in London, concerning claims arising under a services agreement entered into between an Australia-based international mining company and a Mozambiquan respondent.
* Sole arbitrator in an LCIA arbitration seated in London between a Spanish bank and a UK-based asset management company, concerning claims for alleged breach of warranties and negligent misrepresentation in connection with a share subscription agreement.
* Sole arbitrator in an ICC arbitration seated in Bucharest between two offshore companies concerning a dispute over the ownership of real estate in Romania.
* Sole arbitrator in an LCIA arbitration seated in London of claims under two Airbus aircraft leasing agreements between two offshore claimants and a West African airline for damages for unpaid rental, loss of income and breach of aircraft maintenance obligations.
Safe Ports for Arbitral Storms, (Parts I, II and III) CIArb Journal, 2015 – 2018; The 2014 LCIA Rules: a commentary, ed. Prof Loukas Mistelis, Kluwer; International Arbitration, bestriding the narrow world, PLC Magazine, April 2006; The Status and Operation of Unilateral or Optional Arbitration Clauses in 22(1) Arb. Int’l 133 (2006); International Arbitration: A Handbook, ed. Professor Phillip Capper (as contributing author) (2005); What to Do with a Reluctant Witness, The European Lawyer, Jan.
2003; Le contentieux et ses modes de resolution, Guide des Affaires en Grande-Bretagne (French Chamber of Commerce 2002); International Arbitration: achieving uniformity on the global stage, In Brief, November 2002