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Practice
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.
Sophie
is trained and has practised in both civil law and common
law jurisdictions. In her capacity as counsel, she advised
on issues of international arbitration, particularly in energy
and infrastructure projects, and disputes involving State
parties. In her capacity as arbitrator, she is sought for
her trans-systemic and cross-cultural legal training and expertise.
Sophie is ranked in Global Arbitration Review's Top 30 List
of Female Arbitrators Worldwide and is listed in the International
Who's Who of Commercial Arbitration. She is described in the
legal directories as 'one of the top new-generation arbitrators'.
Areas of expertise include: energy and natural resources,
construction, infrastructure, hotel and leisure, telecoms,
joint ventures, concession agreements, Russia, Kazakhstan
and the Caspian region, the Energy Charter Treaty, investment
treaty disputes and disputes against State parties.
Sophie 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.
Education
-
University of London: LL.M. (Masters Degree in Law) with Merit, King's College
London.
- McGill
University (Canada): Bachelor of Laws (Common Law), (LL.B.), Bachelor of Civil
Law (B.C.L.).
- Institute
of International and Comparative Law (Magdalen College, Oxford): Diploma in Public
International Law.
Representative
matters
As Arbitrator
- A
joint venture dispute between two US public companies in
the pharmaceutical industry, under the UNCITRAL Rules, pursuant
to French law. Sum in dispute: USD 33 million.
-
A joint venture project in Turkey between an international
oil company and a local company, including complex issues
of multi-party arbitration, consolidation and inter-linked
agreements. ICC arbitration Rules, pursuant to Swiss law.
Sum in dispute: USD 25 million.
-
An ICC arbitration in relation to a telecoms investment
in Yemen, pursuant to Yemeni law. Sum in dispute: USD 5
million.
-
An ad hoc arbitration between a Lithuanian shipping company
and a Russian company, pursuant to Russian law. Sum in dispute:
USD 2 million.
- As sole arbitrator, an ICC arbitration concerning an energy
supply agreement in Oman, pursuant to Omani law.
As
Counsel - The
treaty structure and principles of international law applicable to the Caspian
Sea, in the context of a potential joint venture project.
- The
Solitaire, the longest-running London arbitration,pursuant to the LMAA Rules,
between a shipbuilder and a contractor.
- Options
for an international oil company pursuant to applicable investment treaties, including
the Energy Charter Treaty, in the context of the actions taken by the Russian
government with respect to its investment.
- The
impact of a border dispute between Kazakhstan and Russia on a Kazakh company's
investment, including claims pursuant to international treaties.
- The position of
a CIS country under international treaties concerning restrictions on the importation
of electricity into the country.
- An
ICC arbitration concerning a dispute related to the management of a large hotel
in Tanzania.
- An
UNCITRAL arbitration between a CIS company and a Turkish company regarding an
oil and gas project in the CIS.
- A joint venture in relation
to bilateral investment treaty claims and claims pursuant to the Energy Charter
Treaty concerning a change in taxation requirements by the government of the Republic
of Kazakhstan.
- An arbitration between an American company and a
French company concerning the supply of computer technology under a NATO procurement
agreement for a defence radar system.
- Himpurna Cal Energy v PT
PLN and Patuha Power Ltd v PT PLN: Sophie was part of the team representing
the Respondents in the UNCITRAL arbitration in Jakarta, Indonesia concerning the
termination of a geothermal power plant project. The claim was for USD 3 billion.
The Final Award is reported at 14 Mealey's International Arbitration Report, pp
A-1 - A- 58.
Membership
of Professional Bodies and Committees
- The
Law Society of England and Wales
- The
Bar of Quebec
- The
International Bar Association
- The
London Court of International Arbitration
- The
International Chambers of Commerce
- The
International Law Association
- The
Investment Treaty Forum
- UNCITRAL
Working Group on International Commercial Arbitration
and Conciliation, member of the observer delegation
sent by the Forum for International Conciliation and
Arbitration
- International
Arbitration Club, London, Treasurer and Committee Member
- International
Law Association, Committee on International Investment
Law, alternate member
- Investment
Treaty Forum, British Institute for International and
Comparative Law, member
- Various
task forces on arbitration for the ICC and the IBA
- Moderator,
OGEMID forum on international law and investment arbitration.
Talks
and Publications
Forthcoming publications:
- "Beyond
Fragmentation", in co-authorship, in T Weiler, ed.,
Memorial Book for Professor Thomas Waelde, forthcoming.
- "International
Resolution of Energy Trade and Invesment Disputes",
in co-authorship, in Y Selivanova, ed., Energy in the
WTO: Current Trade Rules and Future Challenges, Kluwer,
forthcoming 2010.
- "The
Psychology of Persuasion in International Arbitration -
A Project", in co-authorship, in D Boshop and E Kehoe,
eds, The Art of Advocacy in International Arbitration,
2nd edition, Juris Publishing, forthcoming 2010.
- "'My
Learned Friend Has Put to You
": The English
Approach to Cross-Examination In International Arbitration",
in co-authorship,in B Sheppard and L Newman, eds, Take
the Witness: Cross-Examination in International Arbitration,
forthcoming 2010.
Sophie's
latest publications include:
- "'By
Wit or Fortune Led': Thoughts on a Role for Precedent in
International Commercial Arbitration", TDM Special
Issue on Precedent, June 2008.
- Guest
Editor, TDM Special Issue on Arbitrator Bias, July 2008.
- "Cultivating
Our Garden: Precedent and Consistency in Investment Arbitration",
ILA Biennial Conference, August 2008.
- "The
EU-Russia Relations in the Energy Field: The Continuing
Role of International Law", Oil, Gas and Energy Law,
2009.
- "Russia's
Proposal for a 'new' Energy Charter Treaty", Transnational
Dispute Management and Global Arbitration Review, 2009.
Recent
talks include:
-
Interim Measures in Investment Arbitration, International
Conference on Investment in Transition Countries, Moscow,
November 2009.
- Chair, Panel on Arbitration on Technical Issues: the Users'
Perspective, Cross Border Arbitration and Dispute Resolution
Conference, Londion, November 2009.
- IBA New York Convention Workshop: Jura Novit Curia, IBA
Annual Conference, Madrid, October 2009.
- International Arbitration and the European Union: Indifference
or Schizophrenia?, CIArb/LCIA Annual Conference, London,
September 2009.
- Arbitrator Bias in Investment and Commercial Arbitration:
Is there a different standard? Should there be?, Fordham
Conference on International Arbitration and Mediation, New
York City, June 2009.
- Indirect Expropriation: Fifty-Two Words for Snow, International
Conference on Investment in Transition Countries, Almaty,
May 2009.
- Potential EU Competence on Investment: Challenges for
Investment Arbitration, AIA/CEPMLP Joint Conference, Brussels,
May 2009.
- Protection des investissements par le droit dérivé
communautaire, Journée d'étude sur le droit
communautaire et droit des investissements, Université
Panthéon-Assas, Paris, Aprril 2009.
- The
Energy Charter Treaty: Why bother?, Talk to the International
Law Committee of the Association of the Bar of the City
of New York, New York City, March 2009.
- Comparaison
critique et stratégique des principaux règlements
d'arbitrage international: Ce qu'il faut savoir pour bien
choisir, Canadian Bar Association, Montreal, March 2009.
- Drafting
Submissions, Pre-Hearing Issues in ICC Arbitration, Vilnius,
March 2009.
-
Fifteen Years of NAFTA: A Debate, Universidad IberoAmericana,
Mexico City, February 2009.
- The
EU-Russia Energy Dialogue: Assistance from International
Law?, ECIPE seminar on EU-Russia commercial relationships,
Brussels, November 2008.
- Russia
and the Provisional Application of the Energy Charter Treaty,
BIICL's 11th Investment Treaty Forum, London, September
2008.
Sophie
is a member of the Editorial Board of Sweet & Maxwell's
International Arbitration Law Review. She is an Associate Editor
for Transnational Dispute Management (TDM), a Maris Internet
publication.
Languages
Native French, fluent English, good Spanish, basic Russian.
Nationality
Canadian
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