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Sophie Nappert

Avocat, Bar of Quebec, Canada
Solicitor of the Supreme Court of England and Wales


E-mail: snappert@3vb.com or
sophie.nappert@btinternet.com

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