GBS Disputes

INTERNATIONAL ARBITRATION EXPERIENCE INCLUDES REPRESENTATION OF:

Commercial disputes

• Dassault Aviation S.A., Respondent in an ICC arbitration in London brought by Mitsui Sumitomo Insurance Co., Ltd. The dispute arose out of an insurance policy and relates to delays in delivering aircrafts and related supplies to an Asian distributor. English law applies.
• 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.
• An international joint venture and an African energy company, Respondents in an ICC arbitration in Geneva brought by North Asian contractors. The dispute relates to a settlement agreement entered into following a dispute arising from an EPC contract for the construction of a USD 3 billion fertilizer plant in an African State. The law of the African State applies. One of our clients successfully objected to the Tribunal’s jurisdiction and no longer is a party to the proceedings.
• An African company, Respondent in an ICC arbitration in Paris initiated by two contractors. The dispute arises from an EPC contract for the construction of chemical plants. The law of the Respondent’s State applies.
• Pharmaceutical group Sanofi in an ICC arbitration in Geneva initiated by Boehringer Ingelheim that arose out of an acquisition and concerned liability relating to third party claims. Swiss law applied. The Tribunal fully dismissed the claims against Sanofi seeking indemnification for potential losses in connection with ongoing mass tort litigation in the United States.
• Latin American investment companies and two individuals, Claimants in an ICC arbitration in Paris against a major European telecommunications company. The dispute related to the breach of a settlement agreement that was previously entered into by the parties in relation to multiple claims brought in several litigation proceedings. Brazilian law applied. Over USD 15 billion was at stake. We also represented the Claimants in proceedings to revise the award rendered in the ICC arbitration before an arbitral tribunal, based on the Claimants’ allegations that the Respondents committed procedural fraud in the course of the arbitration, as well as in proceedings brought by our clients before the Paris Court of Appeal to seek the setting aside of that award. On 2 May 2024, the Partis Court of Appeal issued a decision setting aside the award rendered in the first arbitration on the ground that the President of the arbitral tribunal lacked the required independence. A decision on the award issued in the revision proceedings is still pending.
• Sportfive EMEA (formerly Lagardère Sports) and a European marketing agency, Claimants in an ICC arbitration in Geneva against the Confederation of African Football (CAF). The dispute arose from the termination by CAF of two exclusive media and marketing rights agreements, one of which guaranteed the CAF a minimum revenue of USD 1 billion. Swiss law applied.
• 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.
• A subsidiary of a Middle Eastern investor in settlement discussions and further negotiations with the Government of an African State regarding tax and royalties sought to be levied in breach of a stabilisation clause, in the context of a long-term contract for the exploitation of a mine.
• Sonatrach, Respondent in an ICC arbitration in Paris initiated by Saipem SpA and Saipem Contracting Algérie SpA. The dispute arose from an agreement for the construction of an oil & gas production facility in North Africa. Algerian law applied. Over USD 1 billion was at stake.
• A group of shareholders of a holding company, Claimants in an ICC arbitration in Paris against two shareholders in the same company. The dispute concerned the interpretation of a put option price provision contained in a shareholders’ agreement. Over USD 1 billion was at stake. Dutch law applied.
• The Latin American subsidiary of a European retailer, Respondent in an ICC arbitration in Paris initiated by a Latin American company. The dispute related to an acquisition of equity interests in a company incorporated in Latin America. Brazilian law applied.

Investment disputes

• The People’s Democratic Republic of Algeria, Respondent in an ICSID arbitration initiated by Société des Parcs d’Alger and Emirates International Investment Company LLC (ICSID Case No. ARB/18/11). The dispute arose from a contract for the development of a USD 5 billion urban park project.
• 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.
• SAUR International, a leading French service management company in the field of water, energy and cleanliness, Claimant in an ICSID arbitration against the Argentine Republic (ICSID Case No. ARB/04/4). The dispute arose out of violations by Argentina of investment treaty obligations owed to our client in relation to a water and sewer services concession in Argentina. The Tribunal held that Argentina had expropriated SAUR’s investment in the concession without compensation, awarded our client USD 59 million and entered a significant costs award in favor of our client. We also successfully represented SAUR International in proceedings initiated by the Argentine Republic before an ICSID Ad hoc Committee to seek the annulment of the award obtained by our client.
• The Bolivarian Republic of Venezuela in two parallel ICSID arbitrations respectively initiated by O.I. European Group B.V. (ICSID Case No. ARB/11/25) and its subsidiaries Fábrica de Vidrios Los Andes, C.A. and Owens-Illinois de Venezuela, C.A. (ICSID Case No. ARB/12/21). The dispute was in relation to the operation of two industrial plants for the production, processing and distribution of glass containers. The claims were brought under the Netherlands-Venezuela bilateral investment treaty.

Enforcement and setting aside proceedings

• Dommo Energia S.A., a Brazilian company in the energy sector, in parallel proceedings before the Paris Court of Appeal to set aside six awards rendered in an LCIA-administered arbitration against the Brazilian companies Enauta Energia S.A. and Barra Energia do Brasil Petróleo e Gás Ltda. regarding a joint operating agreement.
• An international tobacco company in proceedings initiated before the Paris Court of Appeal to seek the annulment of an award rendered in an ICC arbitration. The underlying dispute arose out of the performance of a joint venture and license agreement executed between two international tobacco companies.
• Two Latin American subsidiaries of a European retailer in proceedings brought before French courts to seek the annulment of an award rendered against them by an ICC Arbitral Tribunal.

Advisory work

• Advising a mining company affiliated to a prominent sovereign wealth fund in relation to a multi-billion-dollar refinery project in Africa. This high-stakes engagement involved navigating complex legal issues common in mining disputes, including tax and customs regimes, reassessments of royalties, stabilization clauses, and economic equilibrium clauses.
• Advising a subsidiary of a Middle Eastern investor in settlement discussions and further negotiations with the Government of an African State regarding tax and royalties sought to be levied in breach of a stabilisation clause, in the context of a long-term contract for the exploitation of a mine.

Education

• ESCP-EAP/HEC, Mastère spécialisé in International Business Law and Management
• Université Paris XI, DEA
• Université Paris I Panthéon-Sorbonne, Maîtrise in International Business Law (Erasmus program – Universidad Autónoma de Madrid)

Admissions & Courts

• Paris

Languages

• French
• Spanish
• English

Nationality

• French

• Guest Lecturer (International Arbitration), Bordeaux University (2021–)
• Member, Club Español de Arbitraje (CEA -40)
• Member, LCIA European Users’ Council
• Member, LCIA Young International Arbitration Group (YIAG)
• Member, ICC Young Arbitrators Forum (ICC YAF)
• Member, ICDR Young & International Associates

• “Panorama de jurisprudencia francesa, Commentary of Cour d’appel de Paris, 1ère Chambre C 12 février 2009, n°07/22164, SA J&P Avax SA contre Société Tecnimont SPA,” 2009(6) Spain Arbitration Review 111 (with A. Muñoz)