Biography
Barrister (England, Wales, India)
Advocate,India
Advocate,India
LLM
LLM (Public International Law), University of Cambridge
Barrister (England, Wales, India)
Advocate,India
Advocate,India
LLM
LLM (Public International Law), University of Cambridge
Nandakumar Srivatsa joined Clay Arbitration in October 2023. He is a Barrister of England, Wales and India. He is one of a select group of practitioners entitled to plead in these jurisdictions.<br>
He focuses his practice on international disputes involving common law jurisdictions and parties, and his experience in the areas of investment treaty arbitration, public international law and international commercial arbitration is trusted by clients across North America, Europe, Africa, the Middle-East and Asia.
He has represented and advised investors, States, international organizations (including an international court), State-owned entities and private international corporations in several multi-billion dollar and technically complex disputes and matters, many of which have involved politically sensitive issues and novel questions of international law.
He has conducted cases under many of the major institutional and ad hoc arbitration rules, including those of the ICSID, LCIA, ICC, SIAC, UNCITRAL, GAFTA and LMAA, resolved disputes in numerous sectors, including oil and gas (upstream and midstream), power, infrastructure, telecommunications, banking and finance, mergers and acquisitions, construction, retail, pharmaceutical, shipping and commodities, and acted in arbitrations seated in important jurisdictions including New York, London, Paris and Singapore. He possesses particular expertise in cases governed by English law and other common law systems.
Nanda has a background in criminal litigation and an outstanding record in disputes involving claims of corruption/bribery, fraud and illegality. Further, the clients he has represented in such cases include a European State-controlled oil and gas corporation, a major North-American oil and gas corporation, one of the largest European banking and finance corporations and even an entity of the UN.
He has published important works in international arbitration and his co-authored book chapter on the provisions of the ICSID Arbitration Rules 2022 relating to arbitrators’ disqualification, incapacity, failure to perform duties and resignation, and vacancies on the tribunal, is widely considered the leading commentary on the ICSID’s procedural framework in respect of the aforementioned questions.
Nanda possesses a native understanding of international commercial disputes involving South-Asia and splits his time between Paris, where he is based, and Bangalore, where he maintains chambers. He practiced English law from these chambers prior to his association with Clay Arbitration.
Nanda holds first class undergraduate degrees in law and business administration from India, and a postgraduate degree in public international law from Cambridge, where he wrote a thesis under the supervision of Professor James Crawford.<br>
EXPERIENCE
XX Representative Cases
Counsel to a European producer of alcoholic beverages, in a USD 2 billion ICSID arbitration against Romania, concerning Romania’s enforcement of its regulatory framework for the taxation of its spirits sector.
Counsel to a North-American oil and gas corporation (claimant), in a USD 1 billion London-seated and English law-governed ICSID arbitration against two Asian State-owned energy providers, concerning the claimant’s development of gas fields of the respondents.
Counsel to a European mining corporation (claimant), in a USD 100 million Paris-seated and English law-governed ICC arbitration against a European steel manufacturer, concerning the respondent’s acquisition of an aluminium smelter of the claimant.
Counsel to a European manufacturer of building materials (claimant) (as sole counsel) in a Singapore-seated and English law-governed ICC arbitration against an Asian EPC contractor, concerning the respondent’s construction and commissioning of a dry mortar manufacturing plant.
Counsel to Charterers (respondents) (as sole counsel) in a London-seated and English law-governed LMAA arbitration against Owners, concerning Charterers’ non-performance of shipment obligations under a contract of affreightment.
Counsel to a Middle-Eastern manufacturer of fibreglass (GRP) pipes), in a USD 100 million ICSID arbitration against Egypt, concerning Egypt’s selection of GRP pipes for infrastructure (water and sanitation) projects commissioned by it.
Counsel to a European State-controlled oil and gas corporation (claimant), in a USD 100 million Singapore-seated and English law-governed ICC arbitration against an Asian energy provider, concerning the claimant’s ex-ship sale of LNG to the respondent.
Counsel to a European commodities trading firm (claimant) (as sole counsel) in a London-seated and English law-governed GAFTA arbitration against a Middle-Eastern State-owned entity, concerning the claimant’s ex-ship sale of wheat to the respondent.
Counsel to a UN entity (respondent) (as sole counsel) in a New York-seated and UNIDROIT principles-governed UNCITRAL arbitration against a European manufacturer of consumer goods, concerning the UN entity’s marketing and sale of the claimant’s goods.
Counsel to Charterers (respondents and claimants) (as sole counsel) in two Singapore-seated and English law-governed SIAC arbitrations against Owners and Sub-Charterers, respectively, concerning a mid-sea explosion in one of the cargo holds of the performing vessel.
EXPERIENCE
10 Representative Cases
Counsel to a European producer of alcoholic beverages, in a USD 2 billion ICSID arbitration against Romania, concerning Romania’s enforcement of its regulatory framework for the taxation of its spirits sector.
Counsel to a North-American oil and gas corporation (claimant), in a USD 1 billion London-seated and English law-governed ICSID arbitration against two Asian State-owned energy providers, concerning the claimant’s development of gas fields of the respondents.
Counsel to a European mining corporation (claimant), in a USD 100 million Paris-seated and English law-governed ICC arbitration against a European steel manufacturer, concerning the respondent’s acquisition of an aluminium smelter of the claimant.
Counsel to a European manufacturer of building materials (claimant) (as sole counsel) in a Singapore-seated and English law-governed ICC arbitration against an Asian EPC contractor, concerning the respondent’s construction and commissioning of a dry mortar manufacturing plant.
Counsel to Charterers (respondents) (as sole counsel) in a London-seated and English law-governed LMAA arbitration against Owners, concerning Charterers’ non-performance of shipment obligations under a contract of affreightment.
Counsel to a Middle-Eastern manufacturer of fibreglass (GRP) pipes), in a USD 100 million ICSID arbitration against Egypt, concerning Egypt’s selection of GRP pipes for infrastructure (water and sanitation) projects commissioned by it.
Counsel to a European State-controlled oil and gas corporation (claimant), in a USD 100 million Singapore-seated and English law-governed ICC arbitration against an Asian energy provider, concerning the claimant’s ex-ship sale of LNG to the respondent.
Counsel to a European commodities trading firm (claimant) (as sole counsel) in a London-seated and English law-governed GAFTA arbitration against a Middle-Eastern State-owned entity, concerning the claimant’s ex-ship sale of wheat to the respondent.
Counsel to a UN entity (respondent) (as sole counsel) in a New York-seated and UNIDROIT principles-governed UNCITRAL arbitration against a European manufacturer of consumer goods, concerning the UN entity’s marketing and sale of the claimant’s goods.
Counsel to Charterers (respondents and claimants) (as sole counsel) in two Singapore-seated and English law-governed SIAC arbitrations against Owners and Sub-Charterers, respectively, concerning a mid-sea explosion in one of the cargo holds of the performing vessel.