Task #3 – Correspondence Relating to Arbitrator Challenge

President of the Court of Arbitration,

Northern International Court of Arbitration

Date: 28 January 2021

Dear Mr. Gosling,

Sub: Challenge to Respondent’s nominated arbitrator, Prof. David Foster

Eugenides

1. We write following the filing of the Respondent’s Answer to the Notice of

Arbitration and Statement of Defence and Counterclaim on 12 January 2021
whereby the Respondent has nominated as its arbitrator:

Prof. David Foster Eugenides

25a Goldfinch Hill,
Beatty City 1022 SW, Kurtland
Tel: +343 54 11 671 22
Email: dfeugenides@dfeugenidesdisputeresolution.com

2. It has come to our attention that Prof. Eugenides was invited by the Southland
Chapter of the CIArb, of which counsel for Respondent is a member, to speak at
the CIArb conference during St Quinoa Arbitration Week on 14 July 2015.

3. It is reasonably prudent to assume that Prof. Eugenides and Ms. Saffiya Ahmed
exchanged correspondence in advance of the conference and interacted in
person during the conference, as well as at other social events during St Quinoa
Arbitration Week. These interactions as well as the likelihood that Prof.
Eugenides and Ms. Ahmed have likely stayed in touch since 2015 raise
reasonable doubts as to Prof. Eugenides’ independence and impartiality.

4. Moreover, Prof. Eugenides was appointed to the Board of Directors of Lloyd’s

Equity Fund in January 2020. A subsidiary of Lloyd’s Equity Fund, LKL Holdings
Ltd., has reportedly acquired a 10% stake in the parent company of Neptune
Freight Company, Neptune Global Plc, yesterday. The Wall Street Journal has
stated:

In a surprise maneuver, LKL Holdings Ltd., has successfully bought a 10%

stake in Neptune Global Plc. Industry sources say that the negotiations
surrounding the deal were highly secret and only a small circle of
representatives from both sides were even aware of the existence of such
negotiations. It is believed that Mr. Zeus Neptune and his son Mr. Thor
Neptune themselves led the negotiations on behalf of Neptune Global Plc.
Only the CEO and Head of Legal of LKL Holdings Ltd. participated in the
negotiations.
Task #3 – Correspondence Relating to Arbitrator Challenge

Mr. Frank Poitier, a Director in the Board of Lloyd’s Equity Fund, which
indirectly owns 50.5% stake in LKL Holdings Ltd. commented “We are thrilled
that the deal between LKL Holding Ltd. and Neptune Global Plc worked out.
We have long noticed synergies between our companies and the possibility of
this acquisition was discussed by the Board last year. We thank the team at
LKL Holdings Ltd for making this deal happen and look forward to celebrating
with them at our next bi-monthly meeting.”

5. There is a clear financial relationship between the Respondent and Prof.

Eugenides which directly impugns his independence and impartiality.

6. On the basis of the above facts, the Claimant challenges the appointment of Prof.
Eugenides and requests the Northern International Court of Arbitration to disqualify
him.

Respectfully submitted,

Eddy Sarkozhy
_________________________

Sarkozhy and Pompidou Legal Services

Eddy Sarkozhy
811 Central Law Square
Nordfuser City NC15HS
Northistan
Tel: + 11 44 455 32 32
Fax: + 11 44 455 32 33
Email: e.sarkozhy@sarkozhylaw.com
Task #3 – Correspondence Relating to Arbitrator Challenge
Task #3 – Correspondence Relating to Arbitrator Challenge

Northern International Court of Arbitration

45 Forage Lane
Northington Heights PA00TM
Northistan

To,
Prof. David Foster Eugenides
25a Goldfinch Hill,
Beatty City 1022 SW, Kurtland

Date: 4 February 2021

Dear Prof. Eugenides,

Sub: Letter from Claimant dated 28 January 2021 regarding your appointment by the
Respondent in True North Maritime Operations Ltd v. Neptune Freight Company Inc

1. The Secretariat of the Northern International Court of Arbitration has

received a letter from the Claimant on 28 January 2021 challenging your appointment,
further to your nomination by Respondent.

2. As per Rule 22b of the Arbitration Rules of the Northern International

Court of Arbitration, the Court of Arbitration hereby seeks your response to the Claimant’s
challenge, which will be considered by the Court while ruling on the Claimant’s
application.

3. Kindly provide your response by 4 March 2021.

Respectfully submitted,

Chad Gosling
Secretary General,

Northern International Court of Arbitration

Enclosed: Claimant’s letter of 28 January 2021

Copy sent to: Counsel for Respondent

 Prof. David Foster Eugenides
25a Goldfinch Hill,
Beatty City 1022 SW, Kurtland
Email: dfeugenides@dfeugenidesdisputeresolution.com

To the Secretary General,

Northern International Court of Arbitration

Date: 2 March 2021

Dear Sir,

I write further to your letter of 4 February 2021 in relation to the Claimant’s challenge to my
appointment to the tribunal in True North Maritime Operations Ltd v. Neptune Freight
Company Inc, as particularized in its letter of 28 January 2021.

The Claimant has cited two concerns based on which they challenge my appointment. I can
confirm that both concerns are unfounded and that I continue to remain independent and
impartial and fit to take on the role. I address each of the Claimant’s concerns in turn.

Interactions with counsel for Respondent:

Interactions between a counsel and an arbitrator, before the latter was appointed to the
tribunal, on the sidelines of a conference and on matters unrelated to the arbitration can
hardly impugn the arbitrator’s independence and impartiality.

As the Claimant itself notes, I spoke at the CIArb Conference at the St Quinoa Arbitration
Week in 2015, more than 5 years ago. The invitation was sent by the Southland Chapter of
the CIArb. At the time, I was not personally acquainted with Ms. Saffiya Ahmed. Thereafter,
during the Conference, I met Ms. Ahmed and other members of the Chapter. I recall our
conversations usually being amidst a group and about the developments in arbitration in St
Quinoa.

After the Conference, Ms. Ahmed sent an email thanking me for my participation, on behalf
of the Southland Chapter of the CIArb. We have since exchanged a few emails over the
years.

The arbitration community is a small community, and such social and casual interactions are
trite. However, such social and/or casual interaction cannot be considered to impact an
individual’s independence and impartiality.

Relationship between the Respondent and Lloyd’s Equity Fund:

I do not hold any position in LKL Holdings Ltd. I was appointed to the Board of Directors of
Lloyd’s Equity Fund on 10 January 2020. Since then, I have attended only 3 of the Board’s
meetings owing to my other work commitments. The Respondent company was never
discussed at those meetings. I have received the minutes of meetings of the other Board
meetings.

I was not present at the Board meeting(s) discussing the acquisition of Neptune Global Plc.
Further, I was not aware that the Respondent is within the Company Group of Neptune
 Prof. David Foster Eugenides
25a Goldfinch Hill,
Beatty City 1022 SW, Kurtland
Email: dfeugenides@dfeugenidesdisputeresolution.com

Global Plc. I understand that the negotiations between LKL Holdings Ltd and Neptune Global
Plc were highly confidential, and I did not have any role to play in them.

On this basis, I believe that my independence and impartiality continue to remain

unaffected.

I remain available should you have any further queries.

Yours sincerely,

Prof. David Foster Eugenides