GBS Disputes

Construction and Engineering

• Representation of an international joint venture in an ICC arbitration in Paris against an oil field services provider. The dispute arises from an EPC contract for the construction of upstream facilities in Africa. Issues include liability for delay, additional works and disruption. Over USD 850 million is at stake.
• Representation of a joint venture between an African oil & gas company and its European partner, Respondents in an ICC arbitration in Paris initiated by various contractors. The dispute arises from the late completion and various defects affecting the performance of an oil & gas wastewater treatment plant.
• Representation of three African State-owned mining and chemicals companies in an ICC arbitration against an Asian company. The dispute arose from a EPCM contract and 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 followed an expert determination in accordance with the ICC administered expertise procedure.
• Representation of an industrial project development company in a mediation and expertise administered by the ICC against a European company. The dispute arises from an EPC contract for the construction of large port facilities in Africa and relates to complex design issues in the context of a FEDD.
• Representation of an African company in an ICC arbitration against a joint venture of European companies. The dispute arises from an EPC contract for the construction of a co-generation power plant. The law of our client’s State applies.
• Representation of a State-owned entity in an ICC arbitration against a European joint venture. The dispute arises from an EPC contract for the construction of two chemical plants and relates to engineering issues and the effect of the pandemic on the project. The law of our client’s State applies.
• Representation of the European Union, Claimant in an ICC arbitration against a consortium of European contractors. The dispute arose from a FIDIC contract for the upgrading of sewerage and water distributions networks and associated pumping stations.
• Representation of a French-German contractor consortium in an ICC arbitration in Stockholm against a Finnish utility company. The dispute arose from an agreement for the construction of a nuclear power plant in Finland. Finnish law governed. Over EUR 6.1 billion was at stake.
• Representation of a French Overseas Territory’s administration, Respondent in an ad hoc arbitration in the Caribbean initiated by a French contractor. The dispute arose from a contract for the refurbishment and expansion of a road. French law applied.
• Representation of an African company in relation to negotiations to settle USD 50 million construction claims (EOT, prolongation costs, Liquidated Damages) following the mechanical completion of a treatment plant.
• Representation of Sonatrach, Respondent in an ICC arbitration in Geneva brought by Saipem SpA and Saipem Contracting Algérie SpA. The dispute arose from an EPC contract for the construction of gas liquefaction facilities. Algerian law applied. Over EUR 2.6 billion was at stake.
• Representation of Sonatrach, Respondent in an ICC arbitration in Paris brought by Saipem SpA and Saipem Contracting Algérie SpA. The dispute arose from the performance of an EPC contract related to the construction of an LPG pipeline. Sonatrach was further seeking the reimbursement of certain sums following a breach of contract by the Claimants. Algerian law applied.
• Representation of Sonatrach in a UNCITRAL arbitration in Geneva against Repsol and Gas Natural. The dispute arose from delays in the completion of an integrated project including the development of existing gas fields, the construction of a liquefaction gas plant and upstream facilities, and the commercialisation of the liquefied gas. The applicable law was Algerian law and the proceedings were conducted in French. The Arbitral Tribunal held that the termination of the agreement by Sonatrach was lawful and justified, and that Sonatrach was entitled to keep all of the equipment, installations and works completed (valued at USD 580 million) before the termination of the agreement. The Tribunal also dismissed the Respondents’ USD 3.1 billion counterclaim in its entirety.
• Representation of a subcontractor in an LCIA arbitration in London against an Asian construction company. The dispute arose from an agreement for the construction of buildings in an oil refinery. English law applied.
• Advising a major African company on all aspects of the negotiations for the construction, financing and development in Algeria of one of the world’s largest petrochemical plants, and the setting up of several joint ventures to handle the various aspects of this multi-billion project.
• Representation of an African company, Respondent in an ICC arbitration in Geneva initiated by an Iberian contractor. The dispute related to a major infrastructure project in Africa. The law of the Respondent’s State applied. Over USD 250 million was at stake.

Energy

• Representation of an African national oil and gas company, Claimant in a UNCITRAL arbitration in Geneva brought against two privately-owned European energy companies. The dispute arose from the termination of a production-sharing contract. The law of the Claimant’s State applies. Over USD 2.4 billion is at stake.
• Representation of an energy producer, Respondent in a UNCITRAL arbitration in Geneva initiated by the African subsidiary of a large North American energy company. The dispute arose from a unitization agreement in relation to a petroleum field. The law of the Respondent’s State applied. Hundreds of millions of US dollars were at stake.
• Advising the Government of an African country in the development of shale gas activities and negotiations with a potential investor.
• Representation of an African State-owned energy producer in conciliation proceedings with a large North American energy company. The dispute was in relation to the adoption by the host State of new tax legislation (windfall profit tax).
• Representation of an African energy producer, Respondent in a UNCITRAL arbitration in Geneva against one of the world’s largest petroleum and gas operators. The dispute arose from the performance of a farm-out agreement by which the foreign operator sold to the North African company 40% of its rights in a production-sharing contract for the increase of the rate of recovery of the reserves of a petroleum field in North Africa. The law of the Claimant’s jurisdiction applied. Issues included, inter alia, the conditions of payment by the North African company of the price foreseen in the farm-out agreement and the performance by the foreign petroleum and gas operator of its contractual and professional duties to carry out the enhanced oil recovery on the field.
• Representation of an African energy producer, Claimant in a UNCITRAL arbitration in Geneva against one of the world’s largest petroleum and gas operators. The dispute arose from the performance of a production-sharing contract for the increase of the rate of recovery of the reserves of a petroleum field in North Africa. The law of the Claimant’s jurisdiction applied. Issues included, inter alia, the performance by the foreign petroleum and gas operator of its contractual and professional duties on the field and the interpretation of a specific contractual term providing for the revision of the production profile in exceptional circumstances. More than USD 2 billion was at stake. The case was successfully settled after a partial award.

Other matters

• Representation of the People’s Democratic Republic of Algeria, Respondent in an ICSID arbitration initiated by Ortiz Construcciones y Proyectos S.A. (ICSID Case No. ARB/17/1). The dispute related to housing and public infrastructure projects. The claims were brought under the Algeria-Spain bilateral investment treaty.
• Representation of a privately-owned Algerian company in negotiation for the acquisition of shares of an energy company from a private financial services group active in the Middle East, and in an arbitration proceeding initiated in parallel to the negotiation process.
• Representation of Electricité de France (EDF), Claimant in a UNCITRAL arbitration against the Republic of Hungary. The dispute arose from the termination of Power Purchase Agreements put in place during the privatisation of the electricity sector. The claims were brought under the Energy Charter Treaty.
• Representation of the Republic of Gabon, Respondent in an ICSID arbitration brought by Participaciones Inversiones Portuarias Sarl (ICSID Case No. ARB/08/17). The dispute, which was brought under the bilateral investment treaty between Gabon and the Belgium-Luxembourg Economic Union, arose out of a concession to manage two Gabonese ports.
• Advising Algeria’s Fonds National d’Investissement (FNI), a strategic investment fund, on the acquisition of a 51% stake in Omnium Télécom Algérie SpA (“OTA” or “Djezzy”, formerly known as Orascom Télécom Algérie SpA) from Global Telecom Holding (“GTH”), a subsidiary of the VimpelCom group, for a price of USD 2.643 billion.
• Representation of the Democratic Republic of Algeria in an ICSID arbitration initiated by Mærsk Olie, Algeriet A/S (ICSID Case No. ARB/09/14). The arbitration, which was brought under the Algeria-Demark bilateral investment treaty, was in relation to windfall profit tax in the context of a production-sharing contract. Over USD 3 billion was at stake.

Experience as Arbitrator

Acting as President or co-arbitrator in construction disputes arising from FIDIC and EPC contracts.

Education

• Harvard Law School, LL.M.
• Université de Liège, Belgium, Law degree (Summa cum laude)

Admissions & Courts

• Paris
• New York
• Brussels

• “Maude Lebois is active across the energy and construction sectors. She is highly sought after by oil and gas clients.”
  Chambers Global 2023 – International Arbitration – France

• “Maude Lebois at Gaillard Banifatemi Shelbaya Disputes is a long-standing fixture in the market who is known for her “personal touch with clients” and her work representing states, state-owned entities, and companies in numerous international arbitrations.’”
  Who’s Who Legal: Arbitration – Future Leaders 2023

• “Maude Lebois is highlighted for a more than 15 year career that has seen her represent a number of states, state-owned entities and companies in international commercial and investment treaty arbitrations. These have been both ad hoc as well as under the rules of the ICC and ICSID. Particularly knowledgeable regarding the energy and construction industries, amongst Lebois’ most notable work came advising Sonatrach as a respondent in an ICC arbitration in Geneva brought by Italian oil and gas firm Saipem and its subsidiary Saipem Contracting Algérie. Here she advised on a dispute which arose from an EPC contract for the construction of gas liquefaction facilities under Algerian law, and where over €2.6bn was at stake.”
  The Legal 500 Private Practice Powerlist: Africa specialists

• Distinguished as a “Next Generation Partner”
  The Legal 500 EMEA 2023 – Algeria – Foreign firms

• “Maude Lebois possesses “a strong understanding of civil law” and extensive experience working on commercial and investment treaty proceedings.’”
  Who’s Who Legal: Arbitration – Future Leaders 2022

• “Maude Lebois draws plaudits for her detailed understanding of investor-state and construction disputes.”
  Who’s Who Legal: Arbitration – Future Leaders 2021

• “Maude Lebois is a ‘highly effective counsel’ who ‘masterfully fights for her clients and remains courteous with opposing counsel at the same time.’”
  Who’s Who Legal: Arbitration – Future Leaders 2020

Languages

• French
• English
• Dutch

Nationality

• Belgian

• Vice President, Society of Construction Law (France)
• Member, Association française du Contract Management (AFCM)
• Member, Belgium Centre for Arbitration and Mediation (CEPANI)
• Member, LCIA European Users’ Council
• Member, International Arbitration Institute (IAI)
• Member, Women in Energy
• Member, Réseau International des Juristes Africanistes (International Network of Africanist Lawyers)
• Moderator, Arbitrage-ADR discussion list