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Nita Mistry

Senior Associate
+44.(0)20.7360.8177
Fax +44.(0)20.7648.9001

Nita Mistry is an associate at the firm’s London office where she is a member of the Construction and Infrastructure group.

Nita has experience of commercial international arbitration, court litigation in addition to other forms of dispute resolution, including expert determination, adjudication and mediation. She has worked on construction disputes advising employers, contractors and funders on construction and engineering aspects of major projects in the UK and overseas as well as arbitrations and High Court litigation disputes advising international and national oil and gas and construction companies.

Professional Background

Prior to joining the firm, Ms. Mistry was an associate in the London Office of an international law firm where she focused her practice on disputes in the construction, transport, energy, mining, and infrastructure sectors.

Additional Information

  • FIDIC Update: Termination and the Employer’s Obligations under the Red Book, K&L Gates LLP Construction Law Blog, February 2016
  • Update on Legal Advice Privilege, K&L Gates LLP Construction Law Blog, October 2015

Arbitration

  • Advising on EPC contracts (both onshore and offshore) on potential claims and disputes in relation to a $10bn LNG Facility in Africa. Seat of arbitration London, subject to English law.
  • ICC arbitration on behalf of a Middle Eastern project company defending claims made by the EPC contractor in relation to the construction of a gas fired power plant in Qatar. Seat of arbitration Doha, subject to Qatari law.
  • Advising a Nigerian based oil and gas company on a dispute in relation to the withdrawal by a major energy company from Nigeria and its relinquishment and withdrawal from two Production Sharing Contracts in connection with Oil Prospecting Licences.
  • ICC arbitration on behalf of a Yemeni contractor in relation to a pipeline project in Yemen under bespoke Conditions of Contract. Seat of arbitration Vienna and subject to Austrian law.
  • Advising a Middle Eastern power company on a dispute in relation to the interpretation of a power and water purchase agreement.
  • LCIA arbitration on behalf of a Dutch contractor in relation to vessel refurbishment and upgrade of a FPSO.
  • London Maritime Arbitrators’ Association arbitration on behalf of the employer in relation to the construction of a mega yacht in Germany under a bespoke contract. Seat of arbitration London and subject to English law.
  • ICC arbitration on behalf of a Turkish contractor in relation to a road project in Oman under a bespoke contract. Seat of arbitration Geneva and subject to Omani law.
  • Advising a Turkish contractor in relation to a road project in Oman under a bespoke contract. Seat of arbitration Geneva and subject to Italian law.
  • ICC arbitration on behalf of a German infrastructure company in relation to the supply of alleged defective electrical products by an Indian manufacturing company. Seat of arbitration Delhi and subject to English law.
  • Six interrelated ICC arbitration and English High Court Proceedings on behalf of an international hotel group in relation to the termination of a hotel project. Seat of arbitration Paris and subject to English Law.

Litigation

  • Acting for a Guernsey based oil and gas technology fund in relation to a US$18 million claim in the English High Court. The dispute related to the termination of an Investment Management Agreement.
  • Acting for a joint venture in proceedings brought in the Technology and Construction Court arising from a pipeline project in the UK.
  • Acting for a UK energy company in proceedings in the High Court in London in relation to a fatality at a UK refinery.
  • Acting for a foreign bank in proceedings before the Privy Council concerning trespass over land in Trinidad and Tobago.
  • Acting for a major international bank in a high value English High Court dispute under the 1992 ISDA Master Agreement in relation to the close out of a substantial derivatives book.
  • Advising a UK bank on claims relating to the mis-selling of interest rate hedging products to businesses.
  • Acting for the Trustee of a global financial services firm on UK and International aspects of the liquidation.

Expert Determination

  • Acting for a European based airport operator in an expert determination against a retail contractor in respect of a dispute arising from the payment of the retail fee.

Adjudication

  • Advising the employer on a dispute arising with the contractor on a major rail project in the UK under a NEC Option 3 contract in relation to the contractor’s entitlement to compensation for works undertaken.
  • Acting for a UK Investment Management Company in defence of a dispute arising from a JCT Intermediate Building Contract concerning the entitlement to extensions of time.
  • Acting for the contractor in defence of a dispute relating to payment notices and the entitlement to compensation for works undertaken.
  • Acting for a contractor in a dispute against the owner of a UK airport arising from a NEC Option A contract concerning the entitlement to compensation of works undertaken.

Advisory

  •  Advising an Indian supplier in relation to disputes arising from a Purchase Contract for the supply of specialist pipes (subject to Qatari law).
  • Advising a large US chemical company in relation to disputes arising from a Licence and Supply Agreement.
  • Advising a Joint Venture of international contractors in relation to disputes arising from a bespoke pipeline construction contract.
  • Advising a consortium of international contractors in relation to disputes arising on a water supply improvement project in Iraq, being constructed under FIDIC Conditions of Contract (subject to Iraqi law).
  • Advised a German utilities company on whether certain instructions constitute a variation under a construction contract and the impact this has on the contract price.
  • Advised a world leading infrastructure management and investment company on the termination of a construction contract and all matters in relation to a bond call as a result of the contractor’s insolvency.
  • Advised a commodities focussed hedge fund in relation to a potential dispute relating to mining licences in East-Africa and in particular, advice relating to breach of warranty and misrepresentation.
  • Advising a local council in relation to disputes arising from the demolition and construction of a residential and commercial development in London under a JCT Design and Build contract 2011 with amendments.

Non-contentious

  • Drafted, negotiated, and advised on joint venture agreements, construction and engineering contracts, professional appointments, bonds and guarantees.
  • Drafted, negotiated, and advised on asset and development management agreements for a large international institutional investment fund manager investing and developing in large sites across the UK.
  • Drafted and negotiated a bespoke design contract on behalf of a private client in relation to the construction of a Jet.