GBS Disputes

Othmane is part of the team advising and/or representing:

• Chinese telecoms giant Huawei Technologies Co., Ltd. in an ICSID arbitration initiated against the Kingdom of Sweden under the China-Sweden bilateral investment treaty (ICSID Case No. ARB/22/2). The dispute relates to a number of measures taken by Sweden directly targeting Huawei’s investments in Sweden and excluding our client from the roll-out of 5G network products and services in the country.
• European franchisees, Respondents in an LCIA arbitration in Paris initiated by a North American quick-service restaurant chain. The dispute arises from an agreement to exclusively develop and operate quick-service restaurants in a European country. Issues include adherence to development obligations, system adequacy, site approval rights, potential contract breaches, and remedies entailing alterations to territory and exclusivity. Over EUR 67 million is at stake.
• Three African State-owned mining and chemicals companies in an ICC arbitration initiated by an Asian company. The dispute relates to claims for project delays, associated costs and alleged scope changes relating to the construction of two large scale chemical processing plants. The arbitration follows an expert determination in accordance with the ICC administered expertise procedure in which the same parties engaged for two years and in which our firm also represented the same three clients. The matter turns on a particularly complex delay causes analysis. USD 450 million is at stake.
• A leading European energy company and its Asian subsidiary, Claimants in an ICC arbitration in Singapore against three Asian State-owned nuclear power companies. The arbitration concerned a shareholders’ dispute arising from the unilateral adoption by the Asian companies of corporate measures which would have had the effect of preventing our client from receiving one third of its share of the profits to be generated by the nuclear power plant throughout the assets’ technical life. The law of the Respondents’ State applied. The Tribunal found that the measures adopted by the Respondents were in breach of the shareholders’ agreement, issued relief to protect our clients’ share of future profits, and ordered the Respondents to pay 75% of our clients’ legal fees.

Education

• Harvard Law School, LL.M., Dean’s Scholar Prize and Honors
• University of Hong Kong, P.C.LL.
• University of Hong Kong, LL.B., Lee Shau Kee Scholar

Admissions & Courts

• New York

Languages

• English
• French
• Arabic
• Chinese (Mandarin)

Nationality

• Moroccan

• Expert (Development of ADR Centres), U.S. Department of Commerce’s Commercial Law Development Program (CLDP)
• Assistant to the Board of Directors, The Hague Court of Arbitration for Aviation
• Member, ICC Young Arbitration & ADR Forum
• Member, LCIA Young International Arbitration Group
• Member, HKIAC HK45
• Member, Young SIAC
• Member, Young ICCA

• “BRI Project Disputes at HKIAC: The Story So Far,” CDR – The Belt and Road Initiative (2020) (with J. Liu)
• “Cross-Border Interim Relief Under the Hong Kong – Mainland Bilateral Arrangement,” Corporate Disputes Magazine, Oct–Dec 2019, at 54