Satya accepts instructions in all of Chambers’ practice areas, including international arbitration, shipping, conflicts of laws, energy, property and international commercial disputes. She has gained significant experience in all these areas during pupillage, having worked closely with Charles Debattista on numerous arbitrations, both in Counsel and Arbitrator matters (GAFTA, LCIA, ICC, LMAA). Satya received repeat instructions from a number of solicitors during pupillage due to her “commitment to excellence” and “sound judgment” among other skills.

Satya holds a PhD in International Arbitration and has particular expertise in conflicts of laws as well as arbitration (both commercial and investor-State), having published widely and spoken at conferences in all these areas.

Satya is comfortable working independently or as part of a team. She received frequent instructions during second six pupillage across various areas (property, commercial disputes, contract, public law) and succeeded in achieving the client’s objective in the lion’s share of her cases. She also successfully assisted senior members of chambers in shipping, arbitration, conflict of laws, energy and commercial contract disputes, by drafting submissions, skeletons, awards and procedural orders among other tasks.

Satya is currently working in a probationary role at 36 Stone after a successful pupillage with the 36 Group.

Key cases & testimonials

During pupillage, Satya assisted in a number of high-profile and high-value shipping and arbitration disputes, including:

Drafting submissions in a high-value and high-profile shipping dispute under the Arbitration Act 1996 involving the use of frustration and force majeure as a defence to a demurrage claim.

Drafting an award decided under the Arbitration Act 1996 concerning the recoverability of loss under a charterparty including complex matters on quantification of loss and treatment of conflicting expert evidence.

Appeal submissions in GAFTA arbitrations arising out of laytime and demurrage clauses in shipping sales contracts.

Assisting on a complex conflicts of laws matter, drafting submissions on jurisdiction arising out of multiple jurisdiction clauses in arbitration agreements.

Successfully obtaining permission to appeal a decision relating to the survival of a (letting) agent’s fee post-termination of an agency agreement (own instructions).

I frequently instruct Satya Mouland…Satya possesses sound judgment and regularly demonstrates this by displaying her ability to think a problem through to its conclusion to build a case and then present that logic in a practical and logical way to a judge.Client
Satya possesses excellent communication and interpersonal skills which compliments her likeable personality. She has a sound educational background and a high level of commitment to excellence.Client

Areas of expertise

Satya accepts instructions in both international commercial and investor-State arbitration. In addition to her PhD, she has assisted in drafting submissions in complex arbitrations related predominantly to shipping and international trade disputes (GAFTA, LMAA, LCIA and ICC) and in managing cases and drafting awards. Satya also regularly arbitrates student competitions, including the Vis moot in Vienna.

Recent experience during pupillage includes:

Drafting submissions in a high-profile shipping dispute under the Arbitration Act 1996 involving questions related to frustration of a charterparty and entitlement to demurrage, and concerning complex issues including subrogation.

Drafting an arbitration award under the Arbitration Act 1996 on the recoverability of loss in a dispute concerning the re-delivery of bunkers and lost business opportunities, including complex issues relating to use of conflicting expert evidence and quantification.

Drafting submissions concerning force majeure as a defence to demurrage under a sales contract subject to a GAFTA arbitration.

Sending out Procedural Orders, managing an arbitration and understanding the arguments in an arbitration under German Law.

Assisting on appeals against arbitral awards, including s. 57 and s. 68 challenges.

Satya accepts instructions in a wide variety of international commercial disputes, particularly given her common law and civil law background, as well as her fluency in German. Work during pupillage included:

Advice on a devilling basis concerning the rule in Henderson v Henderson (related to res judicata) and how to get round it where a fresh claim appeared to be substantively similar to a previous claim.

Advice on a devilling basis relating to the characterisation of a “contract for sale” as an “agreement to sell” under Sale of Goods Act 1979 and its impact (if any) on how to plead the case.

Drafting skeleton concerning the enforcement of a high-value debt in the DIFC courts with parallel proceedings in the UK (cross-border enforcement).

Satya accepts instructions in shipping and international trade. Her experience includes voyage-charterparty disputes (including laytime/demurrage disputes; NOR issues; and bunker disputes), cargo claims and claims for lost hire. She has detailed experience in relation to issues such as force majeure and frustration (see further in the ‘international arbitration’ section). Recent experience during pupillage includes:

Drafting an award subject to the Singapore Arbitration Act concerning a claim for hire based on breaches under a charterparty (including hire, workability of Vessel, hull cleaning and off-hire costs).

Drafting submissions concerning breach of various obligations in a sales contract on laytime and demurrage, including considering the issue “once on demurrage always on demurrage”.

Drafting submissions in a high-profile shipping dispute concerning whether a charterparty had been frustrated by force majeure and whether demurrage was due.

Drafting effective chronologies in shipping disputes which assist defences against demurrage in various force majeure situations.

Satya accepts instructions in all energy matters, experience during pupillage including:

Grounds of Appeal and advices in relation to a HMRC decision on the taxation of a biofuel.

Satya accepts instructions in the area of civil fraud and asset tracing. Recent experience during pupillage includes:

Assisting on obtaining a worldwide freezing injunction against a cryptocurrency exchange. She assisted particularly on research relating to conflicts of laws and jurisdiction.

Assisting in drafting amendments to particulars of claim during a civil fraud trial concerning the “flat-packing” of a company and claims of fraud on both sides.

Further information

An assessment of the reliability requirement in the Electronic Trade Documents Act

Corruption, Nigeria v P&ID and the laws of evidence: how should international arbitration respond?

Satya regularly writes and speaks about international commercial arbitration, private international law and public international law matters. She has a particular expertise in questions of jurisdiction which lends itself well to working on cross-border disputes.

Satya previously taught Equity and Trusts at Queen Mary University and was a Visiting Lecturer in Advocacy and Mooting at Westminster University.

Should you wish Satya to present on a topic at your organisation, please do not hesitate to contact her clerks on clerks@36stone.co.uk.

‘The Scope of Authority of International Arbitral Tribunals: Consistent Principles in National Courts’ (by invitation to the Sorbonne, PhD Conference between Queen Mary and Sorbonne, July 2019)

‘Common Principles of Authority of International Arbitral Tribunals in National Courts’, Atlas Agora two-week competitive transnational law programme at University College Dublin (June 2019)

‘The Scope of International Arbitral Authority and National Court Enforcement Authority’, paper presented at Glasgow Postgraduate Conference (Matthew Happold, Anni Pues) (May 2019)

‘The Enrica Lexie and Judicial Deference in International Law’, paper presented to the Society of Legal Scholars Graduate Conference (Sept 2018)

PhD (Law, International Law and International Arbitration), Queen Mary University of London (Pass, with no corrections). Thesis title: “The Lawful Scope of International Arbitral Authority as a Source of International Law: Common Approaches by National Courts to Enforcement Jurisdiction. Supervisors: Dr Stephen Allen and Professor Julian Lew KC.

BVS (Bar Course), City University of London (Merit)

LLM (Commercial Law), University of Edinburgh (Distinction)

LLB (Law with German Law), University of Birmingham with year abroad at the Free University of Berlin (First Class (Hons))

Appointments & Memberships

The Honourable Society of Middle Temple

Chartered Institute of Arbitrators (Student Member)

Arbitrator at the Willem C Vis International Commercial moot for students (2022)

Arbitrator at multiple pre-moots to the Willem C Vis Moot, e.g. Arbitrator at Edinburgh Vis Pre Moot (Mar 2019, 2017) (alongside Rt Hon Lord Hamilton in 2017)

COMBAR

LCIA Young International Arbitration Group (YIAG)

ICC Young Arbitration and ADR Forum (YAAF)

Arbitral Women

 

External Publications

‘Immunities and Arbitration: A New Lex Specialis Regime’ (2021) 22(8) German Law Journal 1555.

‘Enforcing International Arbitral Authority in National Courts’ (2020) 86 Arbitration 38 (CiArb).

‘Rethinking Adjudicative Jurisdiction in International Law’ (2019) 29 Washington Law Review 173.

‘Comparing the Role of the Courts in English and German Arbitration Law: Should Party Autonomy or Certainty Be Preferred?’ (2016) 1 The European Law Students Association Law Review 169 (re-published as best article in The Asian Law Students Association Law Review).

 

German (fluent)

French (advanced)

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