GBS Disputes

INCLUDES REPRESENTATION OF:

Commercial disputes

• A national oil company in a dispute arising from the impact of shortfalls under a major upstream concession on the company’s own supply obligations under its long-term downstream sale agreement with the concession holder.
• A national oil company in a dispute with a foreign supplier in relation to the disruption of supply following the outbreak of a regional war.
• Advising a Middle Eastern national oil and gas company in three disputes (and associated negotiation) with a major international oil company relating, respectively, to the review of the price applicable under a long-term natural gas supply agreement, the correct invoicing procedure under that agreement, and the allocation of gas between the partners. The law of the Middle Eastern State applies. Over USD 2 billion is at stake.
• An African petrochemical company 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 an ICC arbitration in Paris and in two CRCICA arbitrations in Cairo and Madrid initiated by the buyer and owner of a liquefaction plant. The arbitrations, which involved claims in excess of USD 4 billion, arose under a tolling agreement governed by English law and a related long-term gas supply agreement governed by Egyptian law. In a precedent-setting award on the English law of assignment, the ICC Tribunal dismissed the USD 300 million claim brought against our client. In another ground-breaking decision on the application of the ICSID Convention, the Madrid-seated Tribunal equally dismissed the entirety of the USD 3.6 billion claim brought against our client. Finally, in the Cairo-seated CRCICA arbitration, the Tribunal dismissed the USD 10 million claim brought against our client.

Investment disputes

• 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.
• 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 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.
• The Arab Republic of Egypt, Respondent in an ICSID arbitration brought against it by Tantalum International, Ltd. and Emerge Gaming, Ltd. under the Egypt-Australia bilateral investment treaty. The dispute concerned two mining projects.
• The People’s Democratic Republic of Algeria, Respondent in an ICSID arbitration initiated by Orascom TMT Investments S.à.r.l. (ICSID Case No. ARB/12/35). The dispute related to alleged breaches of the bilateral investment treaty between Algeria and the Belgium-Luxembourg Economic Union in relation to the operation of a mobile telephone company in Algeria. The USD 4 billion claim brought against our client was dismissed in its entirety.

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.
• In view of shortfalls under import agreements entered into by a major oil company, reviewing and assessing all export agreements, including with several major IOCs in order to minimise the quantities to be supplied under the export agreements and to use the available products for domestic consumption.
• 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 the Arab Republic of Egypt in the negotiation of a Memorandum of Understanding with inter alia the European Union regarding exports of East Mediterranean natural gas into the EU.
• 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.
• Advising a State-owned entity in the Arabian Gulf regarding the modernization of the group’s corporate structure to mitigate litigation risk.

Education

• Université Paris I Panthéon-Sorbonne, Master 2 Private International Law and International Business Law
• Université Paris I Panthéon-Sorbonne, Master 1 in European and International Business Law
• Cairo University, LL.B.

Admissions & Courts

• Cairo
• Paris

Languages

• Arabic
• French
• English

Nationality

• Egyptian
• French