Naomi Briercliffe

Investment Treaty Arbitration

• Acting for Georgia in an ICSID arbitration brought by a Swiss individual and a Georgian company concerning a real estate development project (ongoing; successfully defended a provisional measure application) (ICSID Case No. ARB/23/23).
• Acting for the UAE in an ICSID arbitration brought by a British individual concerning a real estate development project (ICSID Case No. ARB/19/10).
• Acting for the UAE in an ICSID arbitration brought by a Turkish company concerning a dredging and construction project (ICSID Case No. ARB/17/20).
• Acting for the Kingdom of Saudi Arabia in an ICSID arbitration brought by a Turkish company concerning a construction project (ICSID Case No. ARB/19/32).
• Acting for the Islamic Republic of Iran in an UNCITRAL arbitration brought by a Turkish company concerning a GSM telecommunications license.
• Acting for investors from the UK and Luxembourg in an ICSID arbitration under the ECT against the Kingdom of Spain concerning concentrated solar power energy investments (ICSID Case No. ARB/13/36).
• Acting for investors from Luxembourg and the Netherlands in an ICSID arbitration under the ECT against the Kingdom of Spain concerning concentrated solar power energy investments (ICSID Case No. ARB/13/31).
• Acting for investors from the UK and Luxembourg in an ICSID arbitration under the ECT against the Kingdom of Spain concerning wind and solar investments (ICSID Case No. ARB/13/30).
• Acting for a UAE-state-owned entity in an ICSID arbitration under the ECT against the Kingdom of Spain concerning concentrated solar power energy investments (ICSID Case No. ARB/14/1 – including in defending subsequent annulment proceedings).
• Acting investors from Luxembourg and the Netherlands in an ICSID arbitration under the ECT against the Kingdom of Spain concerning solar PV energy investments (ICSID Case No. ARB/16/18).
• Acting for British and Dutch investors in an UNCITRAL arbitration concerning consolidated claims under the ECT and two investment treaties relating to an oil and gas investment.
• Acting for Lithuanian investors in ICSID case against Serbia concerning a fertilizer plant (ICSID Case No. ARB/09/21).
• Advising various private equity and litigation fund investors on the potential purchase of awards and claims (including full merits assessments and advice on enforcement).

Commercial Arbitration

• Counsel to a BVI company in an LCIA arbitration concerning a shareholders’ dispute relating to a tech investment company.
• Counsel to a South American state client in expert determination proceedings under a petroleum agreement.
• Counsel to a Central Asian state in an UNCITRAL arbitration under a production sharing agreement.
• Counsel to a Middle Eastern company in an ICC arbitration under a defence contract.
• Counsel to a European state-owned energy company in a SCC arbitration against European buyer under a long-term gas supply agreement.
• Counsel to a Dutch company in a dispute with a Taiwanese company concerning the supply of wind farm equipment.
• Counsel to a Caymen company in a dispute with a Slovenian company under a private equity incentives agreement.
• Counsel to a group of companies and Israeli individuals in London-seated consolidated arbitration proceedings relating to the break-up of a multibillion-dollar joint venture involving turnkey projects in Africa.
• Counsel to a Dutch company in an AAA arbitration relating to the supply of aircraft equipment.
• Counsel to a French company in an ICC arbitration concerning an aircraft outfitting agreement.
• Counsel to a state-owned Emirati oil and gas company in a dispute under a royalty agreement.
• Counsel to a European energy company in a London-seated ICC arbitration arising out of a nuclear fuel supply contract.
• Counsel to international energy company in a post-M&A dispute relating to a Danish power plant.
• Counsel to an Angolan company in a dispute under a financing agreement relating to a mining asset under the LCIA rules.
• Counsel to an international energy company in a dispute under a farm-in agreement relating to an oil and gas project.
• Counsel to an Indonesian mining company in a post-M&A dispute under the LCIA rules.
• Counsel in an ICC arbitration under a hotel management agreement.
• Counsel to a Middle Eastern state-owned company in an ICC arbitration against a Turkish telecommunications company.
• Counsel to a state-owned electricity company in an ICC arbitration with an international organization under an O&M agreement relating to a hydroelectric power plant.

Other International Courts and Tribunals

• Counsel to Cambodia in Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v Thailand) before the International Court of Justice.
• Counsel to the Islamic Republic of Iran in three cases (A15, B61 and B1) against the US before the Iran-US Claims Tribunal.
• Counsel to an NGO on its statement to the International Court of Justice in international advisory opinion proceedings on the Obligations of States in Respect of Climate Change.
• Advising the complainants in Minority Rights Group International & Environnement Ressources Naturelles et Developpement (on Behalf of the Batwa of Parc National de Kahuzi-Biega) v. Democratic Republic of Congo before the African Commission on Human and Peoples’ Rights.
• Assisting with submissions in relation to Territorial and Maritime Dispute (Nicaragua v Colombia) before the International Court of Justice and other state-to-state cases between 2010 and 2013.

Public International Law Advisory Work

• Advising states, international organisations and companies on matters of public international law. For example:
  • Advising a state on a potential forum prorogatum application to the International Court of Justice and procedure before the Court.
  • Advising a state on international law issues related to the laying and management of transboundary cables.
  • Advising on questions of international space law in connection with proposed satellite photography.
  • Various pieces of advice concerning A1P1 of the European Convention of Human Rights.
  • Advising a state on the international law of treaties and the potential reform of its network of international investment treaties.
  • Advising a state on a potential claim of territorial sovereignty in Antarctica.
  • Advising on the international legal regime applicable to non-self-governing territories and consequent considerations of investors.
  • Advising the operator of a transboundary pipeline on law of the sea issues relevant to pipelines.
  • Advising the authority of a regional government with respect to the management of natural resources.
  • Advising on the risks of undertaking drilling and production from oil deposits straddling disputed boundaries.
  • Advising state entities and companies on questions related to sovereign immunities.
  • Advising an international organization on amending its constitutive documents.

Enforcement and Arbitration-related Litigation

• Advising a state-owned entity on the enforcement of a US$5 billion UNCITRAL award against Russia in England.
• Advising a Saudi company on the enforcement of CRCICA award in England.
• Advising on the enforcement of an ICC award in England and Zanzibar.
• Advising on s 67 proceedings before the English courts in relation to an arbitration award.
• Advising on the enforcement of a Russian arbitral award in Scotland and England.

International Litigation Support

• Providing international strategic counsel in relation to proceedings before the Indian courts concerning online payment services.
• Providing international strategic counsel in relation to proceedings before the Norwegian courts concerning an oil and gas pipeline project.