International arbitration and litigation

In recent matters, our dispute resolution practice :

  • Investor-State arbitration (UNCITRAL)

    Represented a North African State against an international consortium registered in Switzerland in a 150 million euros ad hoc arbitration governed by the UNCITRAL rules and involving the construction of roads, street lighting, sewage and water treatment infrastructures. This arbitration gave raise to the first application ever of the bilateral investment treaty (BIT) between the host State and the investor's State (Switzerland).

  • Investor-State arbitration (UNCITRAL)

    Represented a North African State against a German manufacturer in a 130 million dollars ad hoc arbitration sited in Paris and governed by the UNCITRAL rules, in relation to the alleged destruction of industrial facilities during civil and military unrest. This arbitration involved the provisions of the bilateral investment treaty (BIT) between the host State and the investor's State (Germany).

  • Construction arbitration (ICC)

    Represented a North African State against an Italian industrial group in an international arbitration of an outstanding complexity, in relation to the construction of one of the largest industrial harbours on the Mediterranean. The arbitration involved both the performance and the modification of the public market. Our firm was successful in obtaining, on the ground of the FIDIC clauses and of the national administrative law, that the contractor be held liable for construction defects and the abandonment of the building site. Our firm also successfully obtained the dismissal of all the requests for revision and annulment filed by the contractor against the arbitral awards rendered in this case.

  • Construction arbitration (ICC)

    Represented the Ministry of Public Works of a State of the Arab Gulf against an Italian construction company in an ICC arbitration in relation to the construction, under a FIDIC-based contract, of highways and bridges.

  • Construction arbitration (ICC)

    Represented a State of the Arab Gulf against an Italian construction company in an ICC arbitration in relation to the construction, under a FIDIC-based contract, of the headquarters of the national fund for Arab economic development.

  • Construction arbitration (ICC)

    Represented a State-owned North African company against an American engineering conglomerate in an ICC arbitration sited in Paris, regarding several turnkey contracts for the construction of factories. This case, of an outstanding legal interest, gave raise to substantial developments of the French jurisprudence on arbitration, notably in respect of the confidentiality of the proceedings and of the admissibility of requests for annulment against the different types of orders rendered by an arbitral tribunal (definition of the concept of award).

  • Construction arbitration (CCI)

    Represented the Ministry of Health of a North African State against a North American consortium, in an ICC arbitration sited in Paris in relation to the construction of a public hospital in the capital and involving, inter alia, a violation of the mandatory provisions of the national law on public procurement.

  • Construction arbitration (ICC)

    Represented one of the largest banks in the Gulf and in the Arab world against an Italian construction company in an ICC arbitration, in relation to the construction of a tower serving as its headquarters in another State of the Gulf.

  • Construction litigation

    Advised a North African State against a French construction company in an international litigation in relation to the performance of a contract for the construction of schools throughout the country.

  • Defense industry arbitration (ICC)

    Represented the Ministry of Defense of a North African State against a European manufacturer in a 200 million dollars ICC arbitration in relation to the rescission, upon the introduction of international sanctions, of a public market for the provision of over 2.650 trucks and military equipement.

  • Aviation arbitration (IATA)

    Represented the national airline of a North African State against a French airline in a IATA arbitration sited in Montreal and governed by French law, in relation to the rescission, upon the introduction of international sanctions, of several contracts for the maintenance of airliners, the delivery of spare parts and the provision of air crews. This arbitration, of an outstanding complexity owing to the duration of the contracts that were in force for over twenty years, gave raise to substantial procedural debates, notably on matters of arbitrability and admissibility. After obtaining the issuance of several partial awards and the rejection of all the requests for annulment filed by the opposing party before the Canadian Courts, our firm successfully negotiated an amicable settlement in favour of our client. This case gave raise to further developments involving enforcement and aircraft attachments, which were also successfully handled by our firm.

  • Aviation arbitration (ICC)

    Represented the national airline of a North African State against a leasing company incorporated in the United Kingdom, in an ICC arbitration sited in Paris, in relation to the non-performance of a wet lease agreement involving several airliners. Our firm discovered that the lessor was subject to a suspension of its Air Operator Certificate and, after taking the relevant conservatory measures, was successful in obtaining the award of very important damages.

  • Aviation arbitration (ICC)

    Represented the national airline of a North African State against a leasing company incorporated in the United Kingdom, in an ICC arbitration sited in Geneva and governed by English law, in relation to the non-performance of a dry lease agreement for several airliners.

  • Aviation arbitration (ICC)

    Represented the national airline of a North African State against a European manufacturer in an ICC arbitration sited in Paris and governed by the national law of this State, in relation to the purchase of two airliners.

  • Aviation arbitration (IATA)

    Represented the national airline of a North African State against a leading Italian travel agency in a IATA arbitration sited in Geneva and governed by the Italian law, as well as in several subsequent Court proceedings, in relation to the rescission of a General Sales Agreement (GSA). Our firm successfully demonstrated the fraudulent misconduct of the travel agency as regards the sale of plane tickets and obtained important damages for our client.

  • Aviation litigation

    Represented the national airline of a North African State against a French leasing company in a litigation before the French commercial Courts, in relation to the exercise of a purchase option included in a charter agreement and involving several airliners.

  • Aviation litigation

    Represented the national airline of a North African State against an american telecommunications company in a litigation related to the provision of airside and airfield radio communication systems.

  • Aviation litigation

    Represented the national airline of a North African State against a Dutch manufacturer in a litigation governed by Dutch law, in relation to a contract for the provision of spare parts for the maintenance and refurbishment of several airliners in its fleet.

  • Aviation litigation

    Represented the national airline of a North African State in a litigation involving the disparreance of aircraft spare parts during the judicial liquidation of a maintenance service provider.

  • Aviation litigation

    Represented the national airline of a North African State against French, UK and Swiss companies in several lawsuits of an outstanding complexity, involving a series of fraudulent assignements of debt and of corporate winding-ups. Our firm was successful in demonstrating the fraud and obtaining the annulment of previous judgements through an exceptionnal request for review. Our firm was also successful in challenging the attachment of several airliners in these cases.

  • Maritime arbitration (ICC)

    Represented a Middle Eastern exporter against a French importer in an ICC arbitration in relation to the bacterial contamination of agricultural products during their carriage under a marine bill of lading and a CFR sale.

  • Maritime litigation

    Represented a Middle Eastern importer and its insurer against a leading French shipping company, a Chinese shipper, a Lebanese trading company and their respective insurers in an international litigation in relation to the destruction of 700 tonnes of flammable chemical products caused by the occurrence of a fire during the transportation at high sea, under a CFR sale and a marine bill of lading. This case raised issues in relation to the rescue of the ship and its reroutal to Sri Lanka, the application of the rules on general average (York-Antwerp Rules), as well as the obligations of the shipper and the carrier in respect of the maritime transportation of dangerous goods (IMDG) and the subsequent liabilities (Hague-Visby Rules).

  • Maritime litigation

    Represented a State-owned entity, first agricultural exporter of a North African country, against a French importer in a litigation in relation to several annual campaigns of exportation of agricultural and agro-industrial products to France. The dispute involved, inter alia, very specific issues regarding the Uniform Customs and Practices (ICC-UCP) ruling the issuance and use of letters of credit.

  • Maritime litigation

    Represented a maritime company in an international litigation regarding the arrest and attachment of several ships in Greece.

  • Trial of the exportations of contaminated blood

    Represented an Arab State against one of the largest pharmaceutical groups in the world in a litigation of an outstanding importance, involving the exportation of contaminated blood (factor VIII) which caused thousands of people contracting HIV/AIDS. After seven years of proceedings, our firm obtained the formal recognition by the Court of Appeal of Lyon (France) that the pharmaceutical group had exported and sold contaminated blood for several months, without performing any heating or control of the blood and in full knowledge of the high risks attached to this product.

  • International sanctions and embargoes

    Provided legal representation and advice in numerous litigations and arbitrations involving the consequences over the performance of ongoing contracts of international sanctions, commercial embargoes, asset freezes and other financial measures enacted by the United Nations Security Council, the European Union and various States (in particular USA, United Kingdom, France, Italy, Switzerland etc.) in respect of armed conflicts or threats to international peace and security.

  • Force majeure, armed conflicts, revolutions and civil disorders

    Provided, for over thirty years, legal representation and advice in numerous litigations and arbitrations involving the suspension or the non-performance of international contracts, owing to force majeure circumstances, in particular within armed conflicts, civil unrest or revolutions. Since 2010, our firm has handled a number of cases in relation to the Arab springs.