The dispute

IEUK 2021 – Law

Work Sample Briefing – The dispute

The dispute concerns a proposed telecommunications investment in the United Republic of

Moonrakerstan (the URM)—a populous state in Central Asia with a rapidly developing economy—by
NewSpeak NV (NewSpeak), a company headquartered in the Netherlands.
NewSpeak is a large, multinational telecommunications company that owns and operates
telecommunications infrastructure across Europe and Asia.
NewSpeak has been operating in the URM for over five years through its local subsidiary, NewSpeak
(URM) Ltd, which owns and operates approximately 500 telecommunication towers.
In early 2019, NewSpeak agreed a deal with the largest domestic telecommunications company in the
URM, Moonrakerstan TV Limited (MTV), to purchase over 2,000 of its telecommunication towers (the
MTV Transaction). Once completed, the MTV Transaction would have made NewSpeak the second
largest telecommunications owner and operator in the URM. The MTV Transaction was subject to a
long-stop date of 1 June 2020.
…

3
 IEUK 2021 – Law
Work Sample Briefing – The dispute (cont’d)

In order to complete the MTV Transaction, NewSpeak was required to obtain a number of regulatory
approvals from the Moonrakerstani authorities, including approvals from the Competition Commission,
the Central Treasury and the URM Broadcast Authority (the URMBA).
By mid-2019, NewSpeak had obtained all regulatory approvals except from the URMBA. Unknown to
NewSpeak, the URMBA had been notified by the URM Central Intelligence Service (CIS) that it wished
to investigate the MTV Transaction on national security grounds and that the URMBA should withhold
its approval until the CIS’s investigation was complete.
The URM is a relatively young country—achieving independence two decades ago following a bloody
civil war against its old ruling power, the Kingdom of Skyfalland (Skyfalland). The URM and Skyfalland
have remained officially at war since their partition and the conflict periodically breaks out into active
hostility. Both the URM and Skyfalland have laws in place preventing nationals operating in jurisdiction
and have strict laws against ownership of assets by said nationals.
…

4
 IEUK 2021 – Law
Work Sample Briefing – The dispute (cont’d)

Skyfalland is a much wealthier state than the URM and is considered a hub for international business.
NewSpeak has had a relatively large presence in Skyfalland for many years and even has Skyfalland
nationals sitting on its board of directors, acting within its executive management team, and amongst its
shareholders.
Following its investigations, the CIS decided that NewSpeak was too closely connected to Skyfalland
and issued a directive in November 2019 objecting to NewSpeak’s involvement in the MTV Transaction
due to security concerns (the Security Objection).
The URMBA duly withheld its approval and the deal stalled. Concerningly for NewSpeak, news of the
Security Objection leaked to the press and confidence in their continued operations in-country was
severely undermined.
…

5
 IEUK 2021 – Law
Work Sample Briefing – The dispute (cont’d)

In January 2020, NewSpeak approached Q&M Consultants DOO (Q&M) to assist with overturning the
Security Objection. Q&M is an international lobbying company based out of Montenegro who, through
its owner, Pierce Lazenby (a Moonrakerstani expatriate), has close ties to the URM.
NewSpeak and Q&M entered two letters of retainer. The first was for payment of $10 million upon
written confirmation from the CIS that the Security Objection had been overturned. The second was for
payment of a further $10 million upon closing of the MTV Transaction.
Over the course of 2020, Mr Lazenby worked closely with a number of his contacts in the URM to lobby
the CIS and wider Moonrakerstani government to overturn the Security Objection. Progress was,
however, slow and the MTV Transaction fell through following the passing of the long-stop date.
Q&M continued to work towards overturning the Security Objection, but NewSpeak was becoming
increasingly frustrated with Q&M’s lack of progress.
…

6
 IEUK 2021 – Law
Work Sample Briefing – The dispute (cont’d)

On 20 December 2020, Q&M notified NewSpeak that the Security Objection would be overturned
imminently. NewSpeak’s management did not believe Q&M and, instead, issued a notice to terminate
Q&M’s retainer on 31 December 2020.
On 1 January 2021, Q&M received a new directive dated 21 December 2020 issued by the CIS
approving NewSpeak for business in Moonrakerstan.
Q&M passed on the Security Approval later that day and requested payment of its fees.
NewSpeak has since refused to pay Q&M’s fees—saying that Q&M’s retainer was validly terminated.
NewSpeak’s operations in the URM continue and there are rumours that NewSpeak has agreed with
MTV to revive the MTV Acquisition.
____

7
 Your instructions

8
 IEUK 2021 – Law
Work Sample Briefing – Your instructions

You are a trainee in international arbitration at Connery, Brosnan, Craig & Co LLP (CBC & Co).
Your supervising partner has met recently with Mr Lazenby who has instructed the firm to pursue
arbitral proceedings against NewSpeak. Mr Lazenby had initially instructed another firm but was
unhappy with their service. The other firm has produced a first draft of a request for arbitration and Mr
Lazenby has given the partner a copy to work off. The client wants it issued as soon as possible.
The client is convinced that NewSpeak has closed the MTV Transaction. He wants to pursue them for
the full $20 million under both letters of retainer in the same arbitration. However, the two letters of
retainer have slightly different dispute resolution provisions, namely with the rules to be applied to the
arbitration (the first being under the London Court of Arbitration (the LCIA) and the other being under
the United Nations Commission on International Trade Law (UNCITRAL)).
…

9
 IEUK 2021 – Law
Work Sample Briefing – Your instructions (cont’d)

You have been asked by the partner to assist with finalising the request for arbitration and advising the
client on how to best pursue its claim so as to maximise the chances of enforcing any future award
against NewSpeak in a cost effective manner.
Your partner also wants to write a letter to NewSpeak’s lawyers proposing consolidating proceedings
under one set of arbitral rules and wants you to compare the LCIA and UNCITRAL Rules to choose the
most appropriate.
The client has not been involved in arbitral proceedings before so will need things explained to him as
you go.
____

10
 The tasks

11
 IEUK 2021 – Law
Work Sample Briefing – The tasks

Tasks Core Deliverables

1. Prepare a summary of the arbitral process 1. One page summary of the arbitral process.
for the client.
2. A table of amendments to the request for
2. Review and amend the draft request for arbitration.
arbitration.
3. Written comparison of the LCIA and
3. Compare the two conflicting dispute UNCITRAL Rules.
resolution clauses and advise on the
institutional rules to be adopted.

12
 Reference materials

13
 IEUK 2021 – Law
Work Sample Briefing – Reference materials – Claimant’s information
Claimant
Party Company Name: Q&M Consultants DOO

Company Type: Private Limited Company

Place of Incorporation: Montenegro

Registration Number: 1234567890

Registered Address: Casino Royale, Becici, Budva, 85315, Montenegro

Email: office@qmconsultants.com

Telephone: +382 (0)98 6745 3241

Contact: Pierce Lazenby, Executive Director

Representative Firm Name: Connery, Brosnan, Craig & Co LLP

Firm Address: 007 Bond Street, London W5 MI6, The United Kingdom

Email: S.Connery@cbc.com

Telephone: +44 (0)20 7654 9876

Contact: Sabeen Connery, Partner

14
 IEUK 2021 – Law
Work Sample Briefing – Reference materials – Respondent’s information
Respondent
Party Company Name: NewSpeak NV

Company Type: Public Limited Company

Place of Incorporation: The Netherlands

Registration Number: 0987654321

Registered Address: Geheimhuis, 101 Spion Straat, Amsterdam, The Netherlands

Email: info@newspeak.nl

Telephone: +31 (0)33 6789 1234

Contact: Elektra Silve, Chief Executive Officer

Representative Firm Name: Le Chiffre LLP

Firm Address: Advocatenkantoor 15, Amsterdam, The Netherlands

Email: Clare.Moneypenny@lechiffre.com

Telephone: +31 (0)33 7777 2323

Contact: Clare Moneypenny, Partner

15
 IEUK 2021 – Law
Work Sample Briefing – Reference materials – Request amendments table template

Location Amendment

Page x

Para x

16
 IEUK 2021 – Law
Work Sample Briefing – Reference materials – UNCITRAL and LCIA comparison template

Procedure UNCITRAL 2013 Rules LCIA 2020 Rules

Commencement of proceeding

Communication

Formation of the Tribunal

Deposit / Advance of Costs

Confidentiality

Rights of Appeal

Timeframe and form of Award

Allocation of Costs

Amendments to the Award

17