Legal Business

The next generation of arbitration

Harriet Foster

Managing associate
Orrick

Harriet Foster has a wealth of experience acting for clients in Europe, the Middle East, Africa and Asia in commercial and investment treaty arbitrations. A recent example of the latter saw her represent an African-based investor in an UNCITRAL arbitration under a bilateral investment treaty with India, concerning the cancellation of telecoms licences.

Since the first seat of her training contract at DLA Piper, her sights were set on international disputes: ‘I was lucky to go to the International Court of Justice in the first seat of my training contract. I felt like something just clicked and from then on, I knew it was something I wanted to do. I really enjoy the general dynamics and topics of arbitration, which often are a bit geeky. I enjoy the legal side and that you work across different jurisdictions but also the range of clients, cultures and politics involved.’

After two years post-qualification at DLA Piper, Foster moved to Vinson & Elkins before joining Orrick in May 2020.


Marleen Krueger

Counsel
WilmerHale

Marleen Krueger is nominated for the sheer breadth of expertise amassed throughout her career. Originally from Germany, Krueger naturally has experience of German arbitration law, while also having international exposure to casework spanning Peru, France, Japan, and other jurisdictions.

Her work encompasses industries including pharma and oil and gas. Krueger says: ‘I like the variety – that’s the fantastic thing about this area of law. You learn so many things on each case, across different jurisdictions. You name it, I’ve done it. I like that WilmerHale allows me to do all that!’

She cites WilmerHale partners Rachael Kent and Gary Born as inspirational role models, with Kent hailed as a mentor.


Kate Lomas

Senior associate
Eversheds Sutherland

Kate Lomas focuses on commercial international arbitration with a specialism in energy and construction disputes in the Middle East and Africa. Her recent experience includes acting for a Dutch client in a dispute with an Iraqi state-owned entity.

She had an early interest in international affairs, having studied Chinese at university, and developed an interest in energy disputes during her training contract at Herbert Smith Freehills (HSF). However, international arbitration was not always on the cards: ‘I started out as an insurance litigator. I’ve been lucky to have a real mentor in Greg Falkof who I started working with on a case that ended up being very long running. Arbitration wasn’t always the plan, but I love it.’

After gaining two and a half years’ post-qualification experience at HSF, she joined Eversheds in 2020. She is touted as a rising star by The Legal 500 and is praised by one peer for her ‘great disputes instincts’.


Marina Boterashvili

Senior associate
Quinn Emanuel Urquhart & Sullivan

Marina Boterashvili is another practitioner with valuable skills in both litigation and arbitration: ‘Practising a mix of the two has made me a better lawyer. It gives you a great appreciation of how different rules and systems work. The mix has stood me in good stead, but I really enjoy the flexibility that arbitration offers.’

Boterashvili concentrates her practice on both LCIA and investor-state arbitration, with a focus on the energy and natural resources, telecoms and mining sectors. Notable mandates for her and the wider Quinn Emanuel arbitration team include representing Braeburn in a high-profile pharmaceutical dispute with Camurus.

Boterashvili imparts some pearls of wisdom: ‘The best arbitration practitioners are curious about the world around them, creative and adaptable to working with people across different industries, cultures and jurisdictions. You need to be a sponge!’


Samuel Pape

Associate
Latham & Watkins

Specialising in both commercial and investor-state arbitration, English and French speaker Samuel Pape is passionate about his career: ‘I love the work I do for my clients. I enjoy arguing about the law, so I have chosen the right field!’

Bearing testament to his credentials, Pape is recognised as a ‘Rising star’ in The Legal 500’s international arbitration rankings.

He boasts an impressive breadth of sector know-how, having worked on disputes concerning joint ventures, post M&A matters, company law, banking law, ESG issues, public international law, and human rights law.

Pape points to Sophie Lamb QC, the high-profile London partner and global co-chair of Latham’s arbitration group, as someone he admires: ‘We’ve worked together for over a decade – she is really inspiring and supportive.’


Lucy Winnington-Ingram

Senior associate
Reed Smith

Ranked as a ‘Rising star’ in The Legal 500’s dispute resolution public international law category, Lucy Winnington-Ingram has won plaudits from contemporaries. In the 2021 edition of The Legal 500, she is described as ‘an outstanding arbitration lawyer and a real rising star. Her formidable intellect is paired with first-class drafting skills, exceptional forensic abilities and strategic instincts far beyond her years’.

Winnington-Ingram acts on cases for both claimants and respondents under UNCITRAL and ICSID rules, and in the mining, energy, construction and telecoms sectors.

She recently represented the Republic of Kazakhstan against World Wide Minerals and Paul A. Carroll QC in an ad hoc investment treaty arbitration under the UNCITRAL Rules regarding uranium-processing facilities.


Annabel Maltby

Counsel
Hogan Lovells

Joining Hogan Lovells in 2008 and qualifying in 2010, Annabel Maltby has advised on international arbitration cases spanning numerous jurisdictions and sectors. However, picking a standout matter proves to be challenging: ‘I’m a bit boring because I like every dispute I’ve worked on for different reasons! I enjoy working with experts and witnesses from all over the world, and I like the level of detail we go into but also the overall strategic thinking.’

Maltby relishes working with veteran London disputes partner (and now deputy chief executive) Michael Davison regularly. Davison has offered her mentoring and support, retaining a personal touch despite his executive commitments: ‘After his meetings he still thinks to pop in and say hello!’ Indeed, Davison embodies for Maltby a necessary attribute for all arbitration partners – emotional intelligence: ‘That intelligence is important for connecting with clients to make sure they know we’ve got their back, and it also means we can read the room.’


Richard Molesworth

Senior associate
Baker McKenzie

Richard Molesworth credits the culture at Baker McKenzie for his nomination, describing it as a testament to the support he has received and opportunities he has been given at the firm.

Primarily focusing on post-M&A and joint venture arbitrations, Molesworth is also versed in ancillary proceedings before the English courts, including in challenging and enforcing arbitral awards.

Molesworth has taken advantage of Bakers’ international presence to bolster his multijurisdictional practice, working closely with colleagues in Houston and Dubai.

He gives props to partners Ed Poulton and Andy Moody: ‘They each continue to provide invaluable opportunities for me to develop and support me in doing so. Their commitment to supporting upcoming talent has made Baker McKenzie a very rewarding place to work.’


Hannah Ambrose

Senior associate
Herbert Smith Freehills

Tipped for a bright future as a ‘Rising star’ in The Legal 500’s dispute resolution/public international law rankings, Hannah Ambrose is a solicitor advocate who has garnered plenty of high-level experience since joining Herbert Smith Freehills (HSF) in 2012.

She has advised on a number of investment treaty arbitration matters, including advising clients on investment structuring, and has acted as counsel on numerous investment treaty claims.

Underlining her considerable casework, Ambrose was part of the HSF team which advised Nord Stream 2 on its claim against the EU regarding the Energy Charter Treaty.

She is also a trustee of The International Lawyers Project, an international charitable organisation advancing economic justice and the rule of law through the provision of pro bono legal expertise to civil society, parliaments and communities.


Yuliya Kupchenko

Director
Fieldfisher

Yuliya Kupchenko has made a name for herself thanks to her strength in investment treaty arbitration. Throughout her career, she has worked on numerous large-scale, big-ticket disputes – often politically sensitive and complex in nature.

Like her colleague Rebecca McKee, Kupchenko possesses a novel background in civil fraud litigation, which has led her to some of the most high-profile cases. This year she will focus on the PrivatBank v Kolomoisky litigation, set to be one of the most anticipated trials of 2022.

She hopes to pursue the partnership track at Fieldfisher in the not-too-distant future, but is keen to maintain her 50/50 split between arbitration and litigation work: ‘Both provide great development opportunities and the balance between the two makes me a better disputes lawyer.’


Rebecca McKee

Director
Fieldfisher

Rebecca McKee brings a rare perspective to her arbitration practice. At Fieldfisher, solicitors are not required to choose between practising arbitration or litigation, meaning McKee has honed her skills in both disciplines. Her High Court work has gained her much experience in fraud-related disputes, adding another string to her bow.

McKee has recently acted on some weighty arbitration mandates. Last year, she was part of a team that assisted an African nation with a telecoms dispute worth $2bn. She also acted on an LCIA arbitration for a high-net-worth individual in a dispute concerning the synthetic diamond industry.

McKee cites Fieldfisher’s dispute resolution partner Alexandra Underwood as an inspiration: ‘She’s such a hard worker while also being a mum like me – it’s something very close to my heart. Seeing her balance the two aspects of her life is inspiring.’


Shouvik Bhattacharya

Senior associate
King & Spalding

Shouvik Bhattacharya gained experience at WilmerHale and Boies Schiller before joining King & Spalding in September 2021. He is dual-qualified in the UK and US and has experience acting for a range of clients including those in the energy, telecoms and technology sectors.

His recent work includes acting for the majority investors in a major Middle Eastern telecommunications company in a $2bn joint-venture dispute involving several interconnected ICC and LAMC arbitrations.

He credits his international education for preparing him for the global nature of international arbitration: ‘I went to school in India until the tenth grade, I did my A levels from Singapore, then I went to the US for law school, during which l I also studied abroad in England. I now work at an American law firm in London, with clients all over the world.’

Kenneth Beale, partner at King & Spalding, praises his ‘phenomenal credentials’ and notes ‘he’s a superstar within K&S and amongst IA non-partners generally’.


Jenny Arlington

Counsel
Akin Gump

The Legal 500 rising star Jenny Arlington trained and qualified at Clifford Chance before joining Akin Gump. Native Bulgarian, she is fluent in English, Russian and German and frequently acts in disputes involving CIS member countries, Eastern Europe, Scandinavia and the Middle East.

She has a breadth of experience in energy and telecoms sector disputes and particular expertise in data protection, privacy and cyber security matters.

Not one to shy away from adversity, she says: ‘I most enjoy a challenging case where the cards have been dealt, but not necessarily in your favour. I like trying to grapple with that and present arguments that will bring the client closer to what they want to achieve, and that aim to put them into the position they should have been in pre-arbitration.’


Katia Finkel

Senior associate
Baker McKenzie

Nominated by her colleague and dispute resolution partner Andy Moody, Katia Finkel has gained much arbitral experience through her decade-long spell at Bakers.

Finkel typically acts for both governments and private parties in energy, construction and post-M&A disputes. Her practice specialises in multijurisdictional issues and she frequently advises clients on investment structuring and restructuring. Additionally, Finkel has in-house experience gleaned from a nine-month secondment in Shell’s EMENA litigation group, where she worked on high-stakes disputes.

Finkel welcomed her nomination as a vote of confidence from the firm: ‘To have good feedback internally is one thing, but to advertise it is really putting your money where your mouth is, so it feels great. It gives me a lot of confidence.’


Laith Najjar

Associate
Debevoise & Plimpton

Recognised as a rising star by The Legal 500, Laith Najjar counts both commercial and investor-state arbitration in the energy and natural resources and infrastructure sectors among his areas of know-how.

Najjar qualified at Reed Smith in 2012, joining Vinson & Elkins four years later and then moving to Debevoise in 2018.


Katie Marquet-Horwood

Senior associate
Enyo

Katie Marquet-Horwood has a range of international arbitration experience and has developed significant knowledge in the oil and gas space.

Knowing that she wanted a career in disputes, three out of four seats during her training contract at Mayer Brown were in contentious areas. Marquet-Horwood has since spent time at Milbank and Addleshaw Goddard before joining disputes boutique Enyo in 2019.

She enjoys the challenge of delving into new cases and understanding the technical intricacies of the sector: ‘Each case requires you to become a technical expert in several different fields and immerse yourself into the industry or sector. I’ve had cases where I’ve had to become an expert in oil reserves, in the operation of satellites and the various pieces of equipment that are required to extract oil and gas from the ground. You end up with a weird and wacky general knowledge of things you never thought in your life you’d come across.’


Adam Tahsin

Associate
White & Case

Having trained at White & Case, Adam Tahsin worked out of the firm’s Singapore and Geneva offices before joining the London team in July 2020.

He is most at home handling construction, corporate and pharmaceutical sector disputes. His recent experience includes acting for a consortium of East Asian contractors in a $1.5bn SIAC arbitration relating to the construction of an oil and petrochemical refinery in South-East Asia.

Tahsin said: ‘I have had the opportunity at White & Case to conduct advocacy from an early stage in my career. For me, it is one of the most interesting and rewarding parts of what we do. I have also been lucky to work in some of the main arbitration centres globally: London; Singapore; and Geneva. Being able to experience first-hand how tribunals and parties approach cases differently across regions, and between common law and civil law systems, has been very valuable.’


Rebecca James

Managing associate
Linklaters

Rebecca James is dual qualified in Victoria, Australia and England and Wales, having trained at Allens in Melbourne before joining Linklaters’ London office in 2013. She has a broad practice covering commercial and investor-state arbitration; her recent experience includes acting for the Islamic Republic of Pakistan in seeking the annulment of the second-largest award in ICSID’s history: ‘It’s fun and it’s challenging in all the right ways and no two days are the same. I know it’s a cliché, but it’s actually true. It’s what keeps me motivated, engaged and turning up to do the best for the clients.’

James is also developing experience advising on ESG risk advisory and is currently a Research and Policy Director for the Campaign for Greener Arbitration.


Maanas Jain

Senior associate
Three Crowns

Elected as co-chair of Young ICCA in September 2021, Maanas Jain started his career as a barrister at Matrix Chambers before moving to Three Crowns in 2014. Now his practice includes commercial and investor-treaty arbitration as well as arbitration-related litigation.

Recent experience includes acting for an investor in a claim brought against Spain under the Energy Charter treaty relating to regulatory changes impacting renewable energy investments. He also appeared as counsel for the ICC as an intervenor in the high-profile Supreme Court case of Halliburton v Chubb in 2020.

Having handled only English law cases as a barrister, he has enjoyed the transition into a broader range of disputes: ‘I was almost exclusively dealing with English law cases in courts up and down the country. My practice now is far less parochial. The beauty of international arbitration is that you are exposed to different legal and business cultures by working with clients and lawyers from different jurisdictions daily.’


Naomi Briercliffe

Counsel
Allen & Overy

A Legal 500 ranked rising star for international arbitration and public international law, Naomi Briercliffe works across commercial, investor-state and state-to-state cases. She joined Allen & Overy from Eversheds in 2014 and was promoted to counsel in 2020.

Her interest in international politics drew her to the law and to Eversheds where she trained: ‘Nobody my family knew were lawyers; no one I knew worked in the City, so I went into the law quite blindly. At university I studied social political sciences and within that I was really interested in international politics. I thought about being an academic but I’m not good at being on my own all the time. Then I came across public international law. I just googled: “what are the top firms for public international law?” Eversheds at the time was at the top of the list, so I applied.’

Since then, she has represented Iran against the US before the Iranian Claims Tribunal. She says: ‘It was incredible. I was pleading my own cases at about three years qualified on behalf of a sovereign state against the United States. All the politics that goes into the relationship between those countries. That was amazing.’


Olivia Valner

Senior associate
Freshfields

Olivia Valner has over a decade of experience at Freshfields and was promoted to senior associate in 2020. She has experience in commercial international arbitration in the energy, natural resources, aviation, finance and litigation funding sectors.

Having enjoyed the international arbitration seat during her training contract, Valner went on to act for a consortium of international energy companies in an LCIA arbitration and related court proceedings against the Kurdistan Regional Government of Iraq as a junior associate, cementing her interest in the discipline.

Most recently she has been acting on high-value commercial disputes in the renewable energy sector arising out of changes to applicable renewables regimes. In 2020, she also acted for the LCIA as intervenor before the Supreme Court in the high-profile case of Halliburton v Chubb, which concerned the apparent bias and standards of disclosure in international arbitration.

Says Valner: ‘I like the varied nature of the work – no two arbitrations are the same. Most of my cases have an international element; I enjoy the opportunity to work with colleagues in other jurisdictions and to get an insight into foreign law issues and learn about new sectors and businesses.’


Robin Bachmann

Associate
Morrison & Foerster

Having trained at Linklaters, Robin Bachmann joined Morrison & Foerster in 2022 from disputes boutique Joseph Hage Aaronson. He is well-versed in construction and infrastructure project disputes as well as in M&A, shareholder disputes and finance arbitrations.

Of international arbitration, he enthuses: ‘I love that each case offers unique opportunities to get to grips with a new business and the related context of the dispute. Working closely with clients to understand the dispute at hand and how it emerged is always interesting and essential when presenting your case to a tribunal. It’s fun to reflect at the end of a case how far your understanding of a client’s business has evolved since the outset and how your subject matter expertise has improved.’


Kimmie Fearnside

Associate
Pallas Partners

Kimmie Fearnside has experience acting for corporate and financial institutions in commercial arbitration, as well as for investors in investment treaty arbitration.

In addition to the financial services sector, recent experience includes disputes in the natural resources and retail spaces. Alongside her caseload, she leads the firm’s pro bono offering and is interested in pursuing cases relating to climate change law and international human rights law issues.

She qualified at Linklaters, at first specialising in real estate litigation. There she found a role model in former Linklaters partner Katie Bradford: ‘She gently cheered me on from the get-go. I was privileged and honoured to have that support from her at an early stage. She taught me a lot of technical skills.’

Fearnside moved to Boies Schiller Flexner (BSF) in 2018 to pursue more international arbitration work. This year she joined Pallas Partners after its launch by former BSF managing partner Natasha Harrison – another of Fearnside’s role models alongside Baroness Hale.

She highlights three qualities of great arbitration practitioners: ‘having the ability to provide clear, sharp legal analysis; having creativity to be able to adopt that legal analysis strategically to position your client in the best possible way to resolve the disputes and to be able to work collaboratively, including with the client, the tribunal and co-counsel.’

tom.baker@legalease.co.uk

megan.mayers@legalease.co.uk

Photographer: Faith Williams