Nicholas Zeolla

Call: 2023

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Overview
Expertise
Related Insights, Events & Cases
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Jordan Glendon

Practice Manager

Details

Overview Expertise Related Insights, Events & Cases

Nicholas acts as counsel in domestic and international commercial disputes across the construction, energy, technology and infrastructure sectors.

Nicholas has a busy practice representing employers, contractors and companies from around the world in high value and technically complex commercial litigation. Recent experience includes acting for:

An American real investment trust in a more than £10 million claim in the London TCC concerning the construction of a data centre in Nigeria;
A European joint venture main contractor in a long-running LCIA arbitration concerning more than €100 million of claims and counter-claims in relation to the construction of a hotel-casino complex in the Mediterranean;
A Hong Kong-based Employer in an adjudication claim for over £20 million concerning the construction of a luxury hotel in London; and
A private individual in High Court TCC proceedings involving defective renovation works at a manor house in the UK.

Nicholas has appeared as sole and junior counsel in trials, adjudication and arbitration hearings, interim applications and costs and case management conferences. A large portion of Nicholas’ practice involves advising clients at the different stages of litigation, arbitration and mediation. He is regularly asked to advise on issues arising from the major standard form types of construction, engineering, infrastructure and PFI contracts and often works with bespoke contracts.

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Expertise

Construction, Engineering & Infrastructure

Nicholas has acted on a range of technically complex and high value construction, engineering and infrastructure disputes and he is particularly adept at working alongside large expert teams. Recent experience includes:

International Arbitration

Hotel-Casino, Europe: Acting as junior counsel in an ICC arbitration for a Main Contractor in its delay and disruption claims against its Employer in relation to the construction of a hotel-casino resort in the Mediterranean with a total contract value of over €250,000,000 (with Zulfikar Khayum).
Landmark Hotel, UAE: Drafting statements of case and Stern Schedules during pupillage in a DIAC arbitration defending a claim for more than 1 billion AED concerning the construction of a landmark hotel in Dubai.
Railway Project, East Africa: Acting as junior counsel on behalf of an East African contractor to draft its Defence and Counterclaim in an LCIA arbitration in relation to a railway project with a total contract value of over $25,000,000 (with Mathias Cheung).
Residential Project, UAE: Advising on a procedural challenge to the appointment of an arbitrator in relation to an ICC arbitration in the ADGM Courts.
Power Plant, UAE: Advising an unexploded ordnance contractor on its contractual claims against UAE and Swiss parties for mine clearing works in relation to the construction of a multi-billion-dirham waste to energy plant in the UAE.
Power Plant, Saudi Arabia: Advising during pupillage on an ICC arbitration relating to the defective supply of feed water heaters by an engineering company to a power plant project in Saudi Arabia.
Power Plant, Finland: Advising during pupillage on delay and disruption claims in relation to the construction of a power plant in Finland.
Hydropower Project, Europe: Experience during pupillage of a several hundred-million-dollar ICC arbitration concerning the termination of a hydropower project in the Caucasus.
Before joining Atkin Chambers: Nicholas trained in international arbitration and private international law as a Michael Mustill scholar at the Hague Academy of International Law. During law school Nicholas’ team successfully competed in the Willem C. Vis International Commercial Arbitration Moot Competition: winning the White & Case Pre-Moot in Frankfurt and receiving an Honourable Mention in Vienna.

Adjudication

Claims

Luxury Hotel, London: Acting as sole counsel for a Hong Kong-based Employer in an adjudication claim for over £20 million concerning the construction of a luxury hotel in London.
Oil Refinery Turnaround: Acting successfully for an oil refinery in parallel adjudications relating to: (i) the valuation of a multi-million-pound refractory contract; and (ii) responding to a ‘smash and grab’ adjudication (with Mathias Cheung).
High-Rise Development: Acting successfully as sole counsel for a Hong Kong-based developer to defend an over £1 million ‘smash and grab’ adjudication.
Residential Smash & Grab: Acting for a residents’ management association in their response to a smash & grab adjudication in relation to blocks of residential flats in London.
Port Infrastructure: Drafting a Notice of Adjudication and Referral Notice for a £12.5 million ‘smash and grab’ adjudication during pupillage.

Enforcement

Part 8 Adjudication Challenge: Acting in Manchester TCC Part 8 proceedings to challenge the validity of an adjudication award for over £3,000,000 (with Stephen Dennison KC).
Enforcement Hearing: Acting as sole counsel on behalf of a Main Contractor to challenge the enforcement of an adjudicator’s award totaling £100,000 on jurisdictional grounds (against a 1995 call opponent).

Domestic Litigation

Data Centre, Nigeria: Acting for an American real investment trust in a more than £10 million claim in the London TCC concerning the construction of a data centre in Nigeria (with Andrew Fenn KC);
Country Manor: Acting as sole counsel for a private individual in High Court TCC proceedings involving defective renovation works at a manor house in the UK.
Roofing Defects: Successfully acting as sole counsel for a roofing contractor to set aside Default Judgment and drafting a Defence and Counterclaim against a sub-contractor in respect of water ingress defects to a train station re-development in London.
Flooring Defects: Successfully acting as sole counsel at trial and preparing the Defence for a flooring supplier in a case concerning allegations of defects to the wooden flooring at a residential property.
Hospital PFI: Advising on the appropriate method for claiming costs under a complex PFI hospital contract during pupillage.
Steel Plant: Drafting Particulars of Claim in relation to property damage to a steel production plant during pupillage.
Home Renovation: Advising a homeowner on the prospects and quantum of their claim against their builders for a house renovation project in London.
Waste-to-Energy Plant: Preparing research notes and assisting with the drafting of the List of Issues in a case concerning a dispute over the profit-sharing provisions of a complex contract for a waste to energy plant during pupillage.
Fire Safety Defects: Drafting Particulars of Claim in a complex fire-safety dispute concerning defective cladding at an apartment building in the Paddington basin during pupillage.

Mediation

Nicholas has experience attending mediations and drafting mediation position statements for both domestic litigation and international arbitrations.

Energy & Natural Resources

Nicholas has acted on both domestic and international disputes concerning energy and natural resources. Recent experiences in this sector overlap with those listed under ‘Construction, Engineering and Infrastructure’ and include:

Oil Refinery Turnaround: Acting for an oil refinery in parallel adjudications relating to the valuation of a multi-million-pound refractory contract and responding to a ‘smash and grab’ adjudication (with Mathias Cheung).
Power Plant, UAE: Advising an unexploded ordnance contractor on their contractual claims against UAE and Swiss parties for mine clearing works in relation to the construction of a multi-billion-dirham waste to energy plant in the UAE.
Power Plant, Saudi Arabia: Advising during pupillage on an ICC arbitration arising under a contract for the supply of feed water heaters by an engineering company to a power plant project in Saudi Arabia.
Power Plant, Finland: Advising during pupillage on delay and disruption claims in relation to a power plant in Finland.
Hydropower Project, Europe: Experience during pupillage of a several hundred-million-dollar ICC arbitration concerning the termination of a hydropower project in the Caucasus.
Waste-to-Energy Plant: Preparing research notes and assisting with the drafting of the List of Issues in a case concerning a dispute over the profit-sharing provisions of a complex contract for a waste to energy plant during pupillage.

Technology

Nicholas is building a strong technology practice and has an interest in the intersection between technology and construction issues. His experience in the technology sector includes:

Data Centre, Nigeria: Acting for an American real investment trust in a more than £10 million claim in the London TCC concerning the construction of a data centre in Nigeria (with Andrew Fenn KC); and
Natural Resources Software Dispute, Iraq: Advising a software distributor in Iraq on its claim for wrongful termination against a multinational software company during pupillage.
Consumer Technology Disputes: Advising and acting for an American technology company in its defence of claims brought by consumers under the Consumer Rights Act 2015 in relation to its sale of goods and services both in the UK and internationally.

General Commercial Litigation

Nicholas has experienced and assisted on both domestic and international commercial litigation matters involving civil fraud and real estate disputes. Recent experience includes:

Fraud Claim Strike Out: Successfully acting as sole counsel for a public transport body in the United Kingdom in its successful strike out of a more than £350,000 civil fraud claim brought against it.
Lost Luxury Goods: Acting as sole counsel for a seller in its claims under contract, in bailment and conversion against a re-seller and its managing director in respect of the loss of luxury goods totalling over £80,000.
Real Estate, UAE: Drafting a skeleton argument for an application to strike out allegations of civil fraud in a Dubai real estate case in the Abu Dhabi Global Markets Courts during pupillage.
Real Estate, London: Preparing research notes to assist a High Court trial in the Commercial Court concerning the purchase and sale of a landmark London property in Chelsea during pupillage.
Misrepresentation: Drafting a Letter of Claim alleging claims of misrepresentation and unjust enrichment against a multi-national private household staff agency.

Equality Law

Nicholas accepts equality and discrimination law instructions relating to commercial service providers and public bodies. Recent experience includes:

Acting on a pro bono basis for a disabled claimant in his claims under the Equality Act 2010 against a multi-national retailer.
Acting for a multi-national technology company in the defence of claims made against it under the Equality Act 2010.
Acting for a public transport body in the United Kingdom in the defence of claims made against it under the Equality Act 2010.

Additional Information

Qualifications & Awards

Before joining Atkin Chambers, Nicholas studied History at University College London (specialising in Early Modern Middle Eastern architectural history) where he graduated at the top of his year and he later went on to study private international law at the Hague Academy of International Law. He was awarded three major scholarships from Gray’s Inn to complete his law and bar studies at the City Law School in London.

City Law School, Bar Vocational Studies (2022 – 2023)

Prince of Wales Scholarship (Gray’s Inn)
Residential Scholarship (Gray’s Inn)
Winner, White & Case Vis Pre-Moot, Frankfurt
Honourable Mention for Respondent’s Memorandum, Willem C. Vis International Commercial Arbitration Moot Competition, Vienna

The Hague Academy of International Law, Certificate in Private International Law (August 2022)

Michael Mustill Scholarship (Gray’s Inn)

City Law School, Graduate Diploma in Law (2021 – 2022)

City Law School Scholarship for Academic Excellence
Sheila Mars-Jones Scholarship (Gray’s Inn)

University College London, History (1^st Class Honours) (2018 – 2021)

Ranked first out of 232 students
Dean’s List for highest performing students in the Faculty of Social and Historical Studies
Burns Prize for highest awarded dissertation
Academic Scholarship for summer courses at Sapienza Università di Roma

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