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Portrait of Emma Nierinck

Emma Nierinck

Senior Associate

Contact
CMS (UAE) LLP
Level 15 Burj Daman
Dubai International Financial Centre
PO Box 506873
Dubai
United Arab Emirates
Languages English, French

Emma is a dispute resolution lawyer based in CMS’ London office, focussed on disputes arising in the energy sector.

Her experience includes advising on the full spectrum of disputes in the oil and gas and energies industries. She has advised on complex, high value litigation in the High Court and international arbitrations conducted under institutional bodies such as the ICC, LCIA, LMAA, ICSID and ad hoc arbitrations under the UNCITRAL rules. Emma has experience of advisory and contentious work in relation to risk management following incidents and fatal accidents involving energy corporations and international contractors. This includes both criminal and civil advice, including managing police, Health & Safety Executive and Environment Agency investigations for work-related fatal accidents, internal corporate investigations and serious environmental incidents.

Admitted as a solicitor in England & Wales, Emma has completed in-house secondments with Shell, ExxonMobil and AIG and has obtained her Higher Rights of Audience.

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Relevant experience

  • An Israeli state owned power provider involved in a historic dispute against neighbour state owned energy companies with whom it had a long-term gas supply agreement and various guarantees of supply of natural gas. The dispute concerned a failure to supply natural gas at the outset of the contractual period in the quantities and quality contracted for, and the consequent multi-billion dollar losses suffered by the client as a result of having to secure alternative sources of supply and alternative fuels at short notice. This was one of the largest gas disputes in the history of the region, and is amongst the most high-profile disputes to have occurred associated with the Arab Spring.
  • A national energy company in arbitration proceedings against defaulting LNG suppliers in the Middle East.
  • A national oil producer in a dispute with a buyer following breach of a commodity trading contract’s nomination terms.
  • A Middle Eastern project company in a US$500m ICC arbitration against a European contractor relating to a gas fired power station in Qatar, involving allegations of delay, interference and unlawful imposition of pre-agreed contractual damages.
  • An SPV in proceedings in the Technology and Construction Court regarding the construction and operation of a mechanical biological treatment waste facility in Essex.
  • Star Energy in the successful Court of Appeal and Supreme Court appeals in the high profile Bocardo SA v Star Energy litigation relating to UK onshore drilling rights.
  • A sub-sea projects engineering and construction company in respect of a claim for breach of an equipment hire contract against a Georgian oil and gas exploration company.
  • A power provider on a claim for monies owed following contract termination, and in relation to a significant counterclaim.
  • An oil major prosecuted in one of the UK’s first corporate manslaughter investigations following a fatality at a UK refinery.
  • An oil major in the immediate aftermath of an oil spill to water and the subsequent EA prosecution.
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Memberships & Roles

Higher Rights of Audience

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Education

2007 – BA, Cambridge University, Cambridge 

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Feed

04/05/2022
Oil & Gas: Court chal­lenge to LNG Pro­ject fund­ing
In R (on the ap­plic­a­tion of Friends of the Earth Lim­ited) v (1) The Sec­ret­ary of State for In­ter­na­tion­al Trade / Ex­port Cred­its Guar­an­tee De­part­ment (UK Ex­port Fin­ance) (2) Chan­cel­lor of the Ex­chequer1 [2022]...
04/05/2022
Oil & Gas and Ship­ping: When may loc­al courts in­ter­vene?
In Aquavita In­ter­na­tion­al SA v In­d­agro SA [2022] EWHC 892 (Comm) the Com­mer­cial Court up­held an anti-suit in­junc­tion re­strain­ing a party from cir­cum­vent­ing an ar­bit­ra­tion clause by seek­ing ‘in­ter­im’...
03/03/2022
The DI­AC Rules 2022
In­tro­duc­tion Fol­low­ing the con­sol­id­a­tion of the Dubai In­ter­na­tion­al Ar­bit­ra­tion Centre (“DI­AC”) as the sole ar­bit­ra­tion centre in Dubai (as re­por­ted here), a new set of ar­bit­ral rules was pub­lished...