International investment and public markets

In recent matters, our international investment and public markets practice :

  • Investor-State arbitration

    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

    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).

  • Protection of foreign investments

    Advised a mining holding company incorporated in England on several legal issues affecting the operating conditions of a concession granted to one of its subsidiaries by the government of a Southeastern State. This situation was directly linked the protection of foreign investments and raised, in particular, the question of the indirect expropriation of the investor as a result of administrative measures enacted by the host State.

  • Public markets

    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.

  • Public markets

    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.

  • Public markets

    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.

  • Public markets

    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.

  • Marchés publics, defense industry

    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.

  • Public markets

    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.

  • 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.