GBS Disputes

INCLUDES REPRESENTATION OF:

• A Middle Eastern State, Respondent in a UNCITRAL arbitration initiated by Middle Eastern investors. The dispute, which involves claims in excess of USD 34.8 billion, arises from the alleged expropriation and mistreatment of investments in seven real estate projects. The proceedings are administered by the Permanent Court of Arbitration.
• The Arab Republic of Egypt, Respondent in a UNCITRAL arbitration initiated by four Middle Eastern investors in connection with the alleged violation of the Organization of the Islamic Conference (OIC) agreement. The dispute arises from the alleged expropriation and mistreatment of investments in major commercial and touristic real estate projects in Egypt. USD 52 billion is at stake. We succeeded in obtaining the dismissal of claims totalling USD 30 billion with the remaining claims now being briefed by the parties on the merits.
• A Middle Eastern State-owned entity with respect to the termination of an oil concession following the failure of the contractor to meet its technical and financial obligations.
• The Arab Republic of Egypt, Respondent in two parallel ICSID and UNCITRAL arbitrations arising from a concession for the distribution of natural gas in one of Egypt’s largest governorates. The Claimants sought USD 190 million in damages under the Canada-Egypt and Egypt-UAE bilateral investment treaties in respect of the annulment of a commercial arbitral award by the Egyptian courts, the alleged failure to protect the assets of the Claimants’ company during the Egyptian revolution of 2011, the non-extension of the concession to cover a new phase, and the subsequent termination of the entire concession. We succeeded in obtaining the full dismissal of all claims, some on jurisdictional grounds and the remaining claims on the merits.
• A Middle Eastern national oil company in several interrelated disputes including disputes concerning (i) the quantities of refined products to which our client is entitled under an offtake and sales agreement, (ii) its shareholding rights in the company which owns the refinery as well as (iii) its rights and liability as a guarantor of the company towards the company’s lenders. The law of the Middle Eastern State applies to the first and the second disputes. The law of a European State applies to the third dispute. Over USD 500 million is globally at stake.
• A State, Respondent in an arbitration under the UNCITRAL Rules, administered by the Permanent Court of Arbitration, in relation to a petrochemical plant. Over USD 2 billion was at stake. A settlement for less than ten percent of the claim was achieved.
• An African petrochemical company, Respondent in an ICC arbitration with a North American company. The dispute arose from a Marketing and Off-Take agreement governed by English law. Over USD 170 million was at stake.
• A natural gas seller in two CRCICA arbitrations in Cairo and Madrid initiated by a Spanish gas buyer. The arbitrations, which involved claims in excess of USD 3.6 billion, arose from a long-term gas supply agreement governed by Egyptian law. In a ground-breaking decision on the application of the ICSID Convention, the Madrid-seated Tribunal dismissed the entirety of the USD 3.6 billion claim brought against our client. In the Cairo-seated CRCICA arbitration, the Tribunal dismissed the USD 10 million claim brought against our client.
• Two European companies, Respondents in a CRCICA arbitration brought by an African company. The dispute arose from a manufacturing license agreement governed by Egyptian law.

Advisory work

• Advising a major oil company on a series of agreements to effect a multi-billion dollar settlement through amendments of existing concessions, sale of assets and grant of right regarding exported products.
• Advising a major oil company on its anticipated acquisition of a stake in a major gas field in a neighbouring country and its construction of an associated processing facility, including investment treaty advice, the structuring of the investment vehicle, and the drafting of all associated upstream, midstream and downstream contracts.
• Representing an energy company in (i) the negotiation and drafting of agreements/treaties for the import of gas produced in Eastern Mediterranean gas fields, its transportation through a network of marine pipelines to be created, its treatment and liquefaction and its export as LNG and (ii) the settlement of associated disputes between LNG buyers and the energy company.
• Representing a national oil company in the negotiation of the purchase of a majority stake in an oil services company, the reorganisation of the target company’s debts as well as the associated capital raise.
• Advising an energy company in establishing a new operating model for its activities in the feedstock supply, processing and storage, and refined products sectors.
• Advising a group of companies on establishing their house guidelines on key contractual clauses that are included their standard contracts.
• Advising a State entity with respect to the creation of an oil & gas market regulator and the adoption of a statute and a code governing trading and transportation of natural gas and other petroleum products.
• Advising a national oil company on its restructuring and the restructuring of its affiliates in order to minimise the risk of attribution of the national oil company’s conduct to the parent State.

Education

• McGill University, BCL/LL.B.
• Concordia University, B.A. in Communication and Cultural Studies.

Admissions & Courts

• New York
• Paris

Languages

• English
• Arabic
• French

Nationalities

• Egyptian
• Canadian

Member, LCIA Young International Arbitration Group (YIAG)