François Bordes

Lawyers

Senior associate
Paris

fbordes@gbsdisputes.com
+33 7 78 84 85 41

François Bordes is a senior associate at Gaillard Banifatemi Shelbaya Disputes. He previously was a member of Shearman & Sterling’s International arbitration team.

François focuses on arbitration-related litigation and commercial litigation before French courts. He has appeared as counsel in multiple proceedings to apply or defend against the setting aside or enforcement of arbitral awards and foreign judgments. He is notably part of the team representing the heirs to the Sultan of Sulu before the Paris Court of Appeal in setting aside proceedings initiated by Malaysia in relation to a USD 15 billion award rendered in an ad hoc arbitration. He is also heavily involved in enforcement proceedings initiated by the heirs in France, Luxembourg and the Netherlands.

François is or was part of the team advising and/or representing:

Arbitration

An international logistics company in an ICC arbitration in Paris brought against the Port Authority of an African State. The dispute arises from a concession agreement related to the management and operation of a container terminal.
Port operator Togo Terminal, Claimant in an ICSID arbitration brought against the Republic of Togo (ICSID Case No. ARB/18/16). The dispute related to a concession agreement.
A Latin American aviation consultancy firm, Claimant in two ICC arbitrations initiated against European aircraft manufacturers. The disputes relate to unpaid invoices and the damages arising from the termination of agency contracts.

Setting aside proceedings

Heirs to the Sultan of Sulu, Respondents in proceedings initiated by the State of Malaysia before the Paris Court of Appeal to set aside a USD 15 billion award rendered in a contractual dispute.
The majority shareholders in the former Yukos Oil Company, Respondents in proceedings initiated by the Russian Federation before Dutch courts to set aside the USD 50 billion awards rendered in the arbitrations brought by the shareholders against the Russian Federation concerning the expropriation of their investments in Yukos.
An international logistics company, Respondent in setting aside proceedings initiated by the Port Authority of an African State to set aside three ICC awards rendered in a dispute arising out a concession agreement related to the management and operation of a container terminal.
Two European companies, Respondents in proceedings initiated by a European State before the Paris Court of Appeal to set aside a UNCITRAL award rendered in an arbitration administered by the PCA under an intra-EU bilateral investment treaty.
A North American mining company, Applicant in proceedings initiated before the Paris Court of Appeal to set aside an ICC award rendered in a mining dispute against a U.S. subsidiary of a Russian company.
An Asian company in the environmental technology and services as respondent in proceedings initiated by a Middle Eastern State before the Paris Court of Appeal to partially set aside an ICC arbitral award rendered in a construction dispute.
An agency of an Eastern European State, Applicant in proceedings initiated before the Paris Court of Appeal to set aside ICC awards rendered in a construction dispute.

Enforcement

The majority shareholders in the former Yukos Oil Company in relation to the recognition and enforcement proceedings initiated in multiple jurisdictions for the enforcement of the USD 50 billion awards rendered in the arbitrations brought by the shareholders against the Russian Federation concerning the unlawful treatment and expropriation of their investments in Yukos.
Heirs to the Sultan of Sulu in proceedings initiated in France, Luxembourg and the Netherlands to recognize and enforce a USD 15 billion award rendered in an ad hoc arbitration brought by our clients.
A shareholder of a State-owned South American company in proceedings to enforce an arbitral award in France against a South American State.
An international logistics company in proceedings before Cameroonian courts to seek recognition and enforcement of an ICC award rendered against the Port Authority of an African State.
An African national company in proceedings initiated before several French courts to challenge enforcement measures conducted against our client pursuant to an arbitral award rendered in an arbitration arising from a contract for a natural gas distribution project in Africa.
Advising a French company regarding a tort case before the Taiwanese courts and recognition and enforcement proceedings in France of a judgment rendered by the Taipei District Court.
A Latin American State-owned entity in proceedings before French courts related to the attachment of its bank accounts by a creditor of the State.
Ukraine, Respondent in a UNCITRAL arbitration brought by PJSC Gazprom, in a dispute concerning the enforcement of a fine issued by the Anti-Monopoly Committee of Ukraine in relation to Gazprom’s breaches of Ukraine’s Competition Law in the performance of a gas transit contract. Benjamin coordinated the global strategy to enforce the fine in multiple jurisdictions.

Commercial Litigation

A European aircraft manufacturer in a dispute before French commercial courts against a technical services supplier. French law applies.
A European aircraft manufacturer in a dispute before French commercial courts against a component supplier. The dispute arises from the termination of their commercial relationship. French law applies.
A Middle Eastern public authority in a tort liability dispute initiated by businessmen claiming damages for alleged financial losses valued several billion US dollars. French and Turkish law apply.
A French oil and gas exploration and production company in a contractual dispute with an insurance company. French law applies.

Pro bono

Amicus Curiae Brief before the Superior Court of Québec in the matter of Hypertec Real Estate Inc. v. Equinix Canada Ltd. (appointed by the Court in a setting aside proceedings). The Amicus Curiae Brief addressed (i) the concept of party consent as a fundamental tenet of international arbitration; (ii) an arbitral tribunal’s mandate to resolve disputes specifically referred to it for its determination, including the submission of additional claims and defences throughout the arbitration proceedings; and (iii) the functus officio doctrine.

“La reconnaissance de la qualité d’émanation d’un Etat étranger à des sociétés commerciales de droit français et le régime de l’exécution forcée sur des actifs gelés par l’effet de sanctions économiques,” 2024(1) Revue de l’arbitrage 225
“Du ‘legal privilege à la française’ à l’avocat en entreprise,“ LeMondeDuDroit, 19 avril 2024 (co-author)
“Arbitrating in France,” International Arbitration Institute, 2023 (co-author)
“Chambre arbitrale du sport : la double activité d’arbitre et de conseil à l’épreuve du recours en annulation,” 2020(4) Cahiers de l’Arbitrage / Paris Journal of International Arbitration 809 (with P. Viguier)

“La sentence, et après ? Surmonter les obstacles à l’exécution des sentences arbitrales,” Paris Very Young Arbitration Practitioners (PVYAP) event, Paris, 10 October 2024
“Round table on the latest developments in arbitration law before French courts,” Paris Arbitration Week, Paris, 21 March 2024
“Recent developments in International Arbitration in France & Italy: where do we stand?,” ICC YAAF / AIA-ArbIt-40 event, Paris, 27 September 2023 (Moderator)

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