AREA OF PRACTICE

Litigation & Arbitration

Biography

Nicholas Tse is an experienced advocate and business diplomat who has represented governments, multinationals, banks and financial institutions. Nicholas’ practice spans multi-jurisdictional commercial litigation, arbitration and alternative dispute resolution procedures, as well as negotiating major international commercial contracts, in particular relating to projects and complex infrastructure, transport and defense. Nicholas is both a transactional and disputes lawyer. He has tried cases before the WTO, the English courts, and in offshore jurisdictions such as Bermuda, the BVI, Cayman, Jersey and the Dubai International Financial Centre (DIFC) Courts and the Dubai World Tribunal. Nicholas has also arbitrated international disputes in London, Paris, Geneva and Dubai, and has significant experience negotiating major contracts involving oil and gas, projects, distribution and supply in Africa, Asia, Europe and the Middle East.

Prior to joining Brown Rudnick, Nicholas was the head of the International Disputes Team in the London office of Gide Loyrette Nouel LLP.

Nicholas is fluent in English and French.

Awards

Representation

Some of Nicholas’ notable engagements (including representations handled by Nicholas prior to joining Brown Rudnick) include:

Advising the main joint venture contractor on the $18 billion Qatar Pearl Gas-to-Liquid refinery project, and defending its rights to receive contract revenues in Bermuda (Supreme Court of Bermuda Commercial List 2008 No. 142), Qatar, Greece and England

Advising a global nuclear and renewable energy provider on complex construction projects

Advising Eurostar concerning issues and restructuring of the Rail Usage Contract for the Channel Tunnel

Counsel to a household name in broadcasting in the MENA region in a major current ICC arbitration against a MENA satellite broadcaster concerning 22 countries

Advised a leading French bank on pre-litigation issues with regard to a €900 million securitization, and brought injunctive proceedings in France and the UK

Counsel to a major Dubai financial institution in landmark proceedings involving conflicts of jurisdiction between the Dubai Courts and the DIFC Court; successfully defending the first ever application for an anti-suit injunction before the DIFC Court: Taaleem v (1) NBC and (2) Deyaar, CFI 014/2010. Conducting appeal on jurisdiction: CA 001/2011. The claim concerns a 1.64 billion AED property development and the effects of the global economic crisis on the Dubai property market

Advising France in respect of the severely delayed €23 billion A400M military airlifter programme, under which seven European nations have ordered 180 planes, and France has placed one of the largest orders. We devised a standstill strategy which preserved the purchaser nations’ claims and created a safe environment within which they were able to re-negotiate amicably the contract with the manufacturer and resolve existing disputes

DS 363: Defended China before WTO Appellate Body in a claim to obtain access to the Chinese market for films, music, audiovisual entertainment, and newspapers and magazines, a market worth tens if not hundreds of billions of dollars a year

Enforcing an arbitration award against Chad in England, in a landmark case on sovereign immunity which may widely impact enforcement of arbitration awards against sovereign states: Orascom Telecom Holding SAE v Republic of Chad and another (Citibank NA, third party) (International Bank for Reconstruction and Development intervening) [2009] 1 All ER (Comm) 315

Masri v CCIC: Global coordinating counsel in relation to groundbreaking proceedings in the English High Court, Court of Appeal and Supreme Court concerning the enforcement of English judgments abroad through the use of equitable receivership, arbitration and other injunctions, as well as an Article 28 stay under the Brussels I (Judgments) Regulation 44/2001. The reported English decision arising from our work include: Masri v CCIC [2011] EWCA Civ 21 (contempt enquiry agents); Masri v CCIC [2011] EWCA Civ 746 (receivership order, Judicial Administration); and Masri v CCIC [2011] EWHC 1780 (Comm) (conspiracy claim, arts 27/28)

Norshield/Univest: Assisting a major institutional investor to recover the lion’s share of its investment in hedge funds which collapsed due to suspected fraudulent trading by the asset managers. Nicholas conducted concurrent litigation across 5 jurisdictions (Cayman Islands, Barbados, Bahamas, New York, and Canada (Ontario)); Nicholas devised, brokered, negotiated and delivered a global settlement compromising claims between 31 parties

Kensington International v Montrow and Others (BVI, Jersey, France, Congo-Brazzaville): Defending African oil resources against attack by vulture funds in common law and civil law jurisdictions, removing a provisional liquidator, and successfully dismissing all claims and allegations of fraud

Fraikin, MBIA and Others v Kroll: Advising the lender, guarantor and participating companies under a €900 million securitisation. Bringing proceedings in France & the UK and forcing a successful settlement

Counsel to an investor in pending Dubai World Tribunal proceedings to recover monies wrongfully retained by a Dubai World subsidiary (DWT/0007/2010)

Advising a major contractor on the C3 Dubai International Airport expansion project for the A380 on delays and the contractor’s rights and risks, and potential negotiated or contentious solutions and strategies

Counsel to a MENA shipping group in relation to eight LMAA arbitration references concerning a fleet of Algerian bulk carriers, and an ICC arbitration

Advising a major Saudi group in relation to long-term distribution arrangements with one of the world’s leading agricultural machinery manufacturers

Advising a French naval shipbuilder in relation to a long-term shipbuilding project to supply a fleet of stealth frigates to an Asian State

Advising a number of major banks in relation to several multi-billion dollar problems under financing arrangements following the recent global financial crisis

Advising the Mozambican water operator in respect of certain operational and fee difficulties

Advising an African State on the privatization of its major telecommunications operator

Advising a major French multinational and negotiating contractual arrangements for the development of innovative new waste management technology

Advising an African State on maritime boundary issues concerning the sea floor and oil exploration & production rights

Advising several multinationals in the power, water and energy sectors in relation to various project financings in Africa and Asia, concentrating pin particular on concession contracts, “take or pay” arrangements under water purchase agreements and power purchase agreements, construction contracts, and O&M

Advising a major ship owner on issues relating to residual value insurance policies and the sale of a fleet of ships including both luxury cruise ships and commercial vessels

Advising a major North African corporation on long-term supply and distribution arrangements concerning valuable raw materials

Advising shipbuilders and banks on a number of complex credit export financings and restructuring operations concerning a number of new buildings

Leading the legal team appointed to carry out the World Bank funded Central Bank Strengthening Project in Bangladesh

Education

Inns of Court School of Law – BVC, 1995
College of Law, London – Diploma of Law, 1994
Ecole Normale Superieure – Lettres Modernes, 1993
Sorbonne – Maitrise de Lettres Modernes, 1993
Oxford University – B.A. Hons Modern Languages, 1992

Bar Admissions

Barrister of England and Wales
Barreau de Paris
Eastern Caribbean Supreme Court
Dubai International Financial Centre Courts
Publications
Awards and Honors