"Declassified Archives Show Multi-Level Collusion over Bahrain’s Sovereignty" in CIFILE Journal of International Law, vol. 3, no. 6, Fall 2022, pp. 58-79, 2015 n°1.
Biografía
| NATIONALITY: | French and Iranian |
| LANGUAGES: | French, English and Farsi |
| ADMISSION: | Paris and New York |
| OFFICE: | Paris |
Dr. Hamid Gharavi has acted as arbitrator or counsel in over 200 commercial institutional and/or ad hoc arbitrations as well as in over 50 investment arbitrations under foreign investment laws and/or bilateral and multilateral investment treaties, arising from a broad spectrum of issues and industries, including oil and gas, mining, military ordnance and defense, telecommunications, media, aviation, agency agreements, shareholder agreements, partnerships, distribution, sales, mergers and acquisitions, construction (including all types of design contracts and engineering projects), duty free, hospitality, real estate, cryptocurrency, advertisement, wood and derived products, pharmaceutical, waste management, utilities, water treatment plants, sanctions as well as sport related disputes involving commercial, disciplinary, and doping aspects.
He has been appointed as a member of the ICC Court (since 2024), as member of the Court of the Istanbul Arbitration Centre (ISTAC since 2015), as member of the Court of the LCIA (from 2008-2012), as the President of the Board of the Tehran Regional Arbitration Centre (TRAC) as well as on all major panels, including SIAC, HKIAC, DIAC, ADCCAC, Arbitrate AD, CAS, CAfA, and ICSID (by the Kingdom of Cambodia).
Dr. Gharavi teaches investment arbitration in the Master program “Droit International Économique” at the University of Paris II Panthéon-Assas. He has published extensively, including books and articles in the main arbitration reviews, and is a regular speaker at conferences.
Dr. Gharavi holds a PhD from the University of Paris II, and post-graduate degrees from the New York University School of Law and University of Paris I Panthéon-Sorbonne.
Both Chambers and Legal 500 rank him in Band 1 of arbitration counsel for France Chambers record that “Hamid has a larger-than-life personality and is personable and hard-working,” and describes him as “extremely dynamic, fearless in hearings and able to think out of the box.” Chambers also notes that Dr. Gharavi “earns considerable praise as an active and effective arbitrator in important cases. Interviewees note his valuable input during hearings, saying: ‘He always raises good questions that are material to the outcome of the case.’” In Legal 500, he is described as “absolutely brilliant” with “a busy practice as counsel in cases but [who] also has ‘impressive success attracting major appointments as arbitrator’.”
Before founding Derains & Gharavi, Dr. Gharavi was a partner at Salans (now Dentons) in Paris after having started his career at Skadden Arps Slate Meagher & Flom LLP in New York.
INVESTMENT ARBITRATION & PUBLIC INTERNATIONAL LAW
Experience as counsel
Dr. Gharavi has secured as counsel landmark victories both for investors and Sovereign States.
This includes for States a decision on jurisdiction for Sudan finding for the first time ever that a foreign nationality of the investor was secured by fraud and thus ineffective (Michael Dagher v. Sudan, ICSID Case No. ARB/14/2); an award on jurisdiction in favor of the Republic of Turkey dismissing the largest ICSID claim ever (USD 19 billion) against a Sovereign State (Saba Fakes v. Republic of Turkey, ICSID Case No. ARB/07/20); three awards for the Republic of Albania, the first dismissing for the first time ever a case based on a fork-in-the-road provision of a BIT (Pantechniki S.A. Contractors & Engineers v. Republic of Albania, ICSID Case No. ARB/07/21), the second dismissing the entire claim for lack of jurisdiction ratione materiae and personae, with full legal and arbitration costs (Burimi S.r.l. & Eagle Games Sh.a. v. Republic of Albania, ICSID Case No. ARB/11/18), and the third dismissing claims on the ground that the State measures were legitimate public measure safeguards compliant procedurally and substantively under international law (Mamidoil Jetoil Greek Petroleum Products Société Anonyme S.A. v. Republic of Albania, ICSID Case No. ARB/11/24).
And for investors, a BIT award finding of political expropriation and over EUR 200 million in damages in favor of Iranian State Banks against Bahrain (Bank Melli Iran (Iran) and Bank Saderat Iran (Iran) v. The Kingdom of Bahrain, PCA Case No. 2017-25); the first ever award of moral damages in favor of an investor under a BIT (DLP v. Yemen, ICSID Case No. ARB/05/17); an award in favor of US investor Charles Lemire finding adverse public tender results to be in violation of a BIT (Joseph Charles Lemire v. Ukraine, ICSID Case No. ARB/06/18); three ICSID Awards for investors against Kazakhstan including two awards in favor of Turkish entities for deprivation of their shares by the host State’s judiciary for the benefit of a third private party (Rumeli/Telsim v. Kazakhstan, ICSID Case No. ARB/05/16 and Aktau Petrol Ticaret A.Ş. v. Kazakhstan, ICSID Case No. ARB/15/8) and a third for a US investor for political taking by Kazakhstan (Caratube International Oil Company LLP and Mr. Devincci Salah Hourani v. Kazakhstan, ICSID Case No. ARB/13/13); as well as an award in favor of Iranian investors against the Republic of Korea for USD 68 million, holding that a governmental organ abused its sovereign capacity in intervening in the closing of the acquisition of a state asset, and this moreover on pretextual grounds, whereas the underlying reasons were due to a shift in the Republic of Korea’s political policy (Mohammad Reza Dayyani, et al. v. The Republic of Korea, PCA Case No. 2015-38); and an award in favor of a French investor ordering for the first-time specific performance (Mr. Franck Charles Arif v. Republic of Moldova, ICSID Case No. ARB/11/23).
Counsel to Sovereign States
- Representing an Asian State against an Arab State in a State-to-State arbitration for breach of a bilateral investment treaty and resulting damages.
- Representing an Asian State against another Asian State in a State-to-State arbitration for breach of a bilateral investment treaty and resulting damages.
- Representing Romania in an ICSID arbitration initiated by a Cyprus investor in relation to investments in a renewable energy project (Aderlyne Limited v. Romania, ICSID Case No. ARB/22/13).
- Representing Romania in an ICSID arbitration initiated by a Cyprus investor in relation to investments in a renewable energy project (Aderlyne Limited v. Romania, ICSID Case No. ARB/22/13).
- Representing the Arab Republic of Egypt in an ICSID arbitration initiated by a Dutch investor in relation to alleged acts and omissions of the Egyptian Ministry of Housing pertaining to the regulation of the Egyptian market for pipes used for sewage and potable water engineering projects (Future Pipe International B.V. v. The Arab Republic of Egypt, ICSID Case No. ARB/17/31).
- Representing Romania in an ICSID arbitration initiated by a Dutch investor in relation to the alleged expropriation of its investments in the insurance and media sectors (The Nova Group Investments, B.V. v. Romania, ICSID Case No. ARB/16/19) that led to an award dated June 13, 2024, that dismissed the entirety of the claims on the merits.
- Representing the Republic of the Sudan in an ICSID arbitration initiated by an alleged US/Lebanese investor in relation to the purported unfair treatment of its investment in the Sudanese telecom sector (Mr. Michael Dagher v. Republic of Sudan, ICSID Case No. ARB/14/2) that led to a favorable interim decision on jurisdiction on an issue of nationality under one of the two of the BITs relied on and settled on the merits via the withdrawal of the case.
- Representing the Republic of Turkey in a USD 19 billion ICSID arbitration initiated by a Dutch national in relation to the alleged expropriation of an investment in the telecom industry (Saba Fakes v. Republic of Turkey, ICSID Case No. ARB/07/20) that led to the dismissal of the case on jurisdiction with costs.
- Representing the Republic of Albania in an ICSID arbitration initiated by a Greek investor in relation to an alleged investment in the oil and gas industry that led to the dismissal of the case on the merits (Mamidoil Jetoil Greek Petroleum Products Société Anonyme S.A. v. Republic of Albania, ICSID Case No. ARB/11/24).
- Representing the Republic of Albania in an ICSID arbitration initiated by an Italian investor in relation to an alleged investment in the gambling industry that led to the dismissal of the case on jurisdiction with full costs (Burimi SRL and Eagle Games SH.A v. Republic of Albania, ICSID Case No. ARB/11/18).
- Representing the Republic of Albania in an ICSID arbitration initiated by a Greek investor in relation to an investment in the construction industry that led to the dismissal of certain claims on jurisdiction under the fork in the road provision of the BIT and others on the merits (Pantechniki S.A. Contractors & Engineers v. Republic of Albania, ICSID Case No. ARB/07/21).
- Representing the Republic of Albania in post-privatization investment disputes initiated by a large Czech electricity producer under the UNCITRAL Arbitration Rules and the ICC Arbitration Rules, in relation to the regulatory framework applying to Albania’s main electro-energy distribution company (settled).
- Representing the Republic of Togo in the ICSID annulment procedure only (i.e., not in the underlying arbitration that led to the challenged Award) (Togo Electricité and GDF-Suez Energie Services v. Republic of Togo, ICSID Case No. ARB/06/7 (annulment)) that was dismissed.
Counsel to investors
- Representing energy UAE company Trasta against Libya in an ad hoc arbitration initiated under the Agreement on Promotion, Protection and Guarantee of Investments Among Member States of the Organisation of the Islamic Conference (“OIC Agreement”) for expropriation and other BIT violation in relation to an investment in an oil refinery (PCA Case No. 2020-09).
- Representing an Omani company, Desert Line Projects LLC, against the Republic of Yemen in an ICSID arbitration initiated under a bilateral investment treaty for governmental interference, expropriation and denial of justice with respect to an investment in the construction industry that led to a favorable Award of 25 million USD inclusive of moral damages (Desert Line Projects LLC v. Republic of Yemen, ICSID Case No. ARB/05/17).
- Representing a US investor, Mr. Charles Joseph Lemire, against Ukraine in an ICSID arbitration initiated under a bilateral investment treaty for unfair and inequitable treatment and discrimination against an investment in the radio industry that led to a favorable award on liability with partial legal costs. It is the first international award holding a State liable for breach of international law in relation to tenders and a Decision establishing the liability of Ukraine for unfair and inequitable treatment. Also successfully representing Mr. Lemire in the annulment proceedings that were ultimately dismissed by decision dated July 8, 2013 (Joseph C. Lemire v. Ukraine, ICSID Case No. ARB/06/18).
- Representing Bank Saderat and Bank Melli against the Kingdom of Bahrain in an UNCITRAL arbitration initiated under a bilateral investment treaty in relation to their investment in a Bahraini bank that led to a EUR 200 million favorable award and finding of political expropriation (PCA Case No. 2017-25) .
- Representing a British publicly-listed company, Oxus Gold plc, against the Republic of Uzbekistan in an UNCITRAL arbitration initiated under a bilateral investment treaty in relation to an investment in the mining industry that led to a favorable Award on jurisdiction, liability and damages against Uzbekistan on December 17, 2015.
- Representing Turkish at the time State controlled companies, Rumeli Telekom and Telsim Mobil, against the Republic of Kazakhstan in an ICSID arbitration initiated under a bilateral investment treaty for expropriation of an investment in the telecommunication industry that led to a favorable Award for 175 million USD including interest against Kazakhstan on July 29, 2008 and successfully representing the same companies in the annulment proceedings that were ultimately dismissed by decision dated March 25, 2010 (Rumeli Telekom A.S. and Telsim Mobil Telekomunikasyon Hizmetleri A.S v. Republic of Kazakhstan, ICSID Case No. ARB/05/16).
- Representing two Turkish companies, Aktau Petrol Ticaret and Som Petrol Ticaret, against the Republic of Kazakhstan in an ICSID arbitration initiated under a bilateral investment treaty in relation to an unlawful expropriation of an investment in the oil transshipment industry that led to a favorable Award for 30 million USD including interest against Kazakhstan on November 13, 2017 (Aktau Petrol Ticaret A.S. v. Republic of Kazakhstan, ICSID Case No. ARB/15/8).
- Representing US investors, Caratube International Oil Company LLP and Mr. Devincci Salah Hourani, in an ICSID arbitration against the Republic of Kazakhstan relating to the expropriation of an oil concession that led to a favorable Award for over 50 million USD including interest against Kazakhstan on September 27, 2017 (Caratube International Oil Company LLP and Devincci Salah Hourani v. Republic of Kazakhstan, ICSID Case No. ARB/13/13).
- Representing the Central Bank of Iran in an UNCITRAL arbitration against an Arab State initiated under a bilateral investment treaty in relation to an investment in Middle East banks for breach and over 7 billion USD in damages.
- Representing the Central Bank of Iran in an UNCITRAL arbitration against an Asian State initiated under a bilateral investment treaty in relation to an investment in East Asian banks and over 2 billion USD in damages.
- Representing two Turkish investors against Libya in an investment arbitration initiated under a bilateral investment treaty in relation to the expropriation of their construction projects in Libya (PCA Case No. 2022-04).
- Representing a US company, Metal Commodities Trade Corp., a UK company Altberg Developments LP and two Albanian companies, Durres Kurum Shipping Sh.A and Durres Container Terminal Sh.A, against the Republic of Albania, in an investment arbitration initiated under two bilateral investment treaties in relation to the expropriation of their investment in a shipping terminal in Durres, Albania (ICSID Case No. ARB/20/37).
- Representing the Dayyani family against the Republic of Korea in an UNCITRAL arbitration initiated under a bilateral investment treaty in relation to the expropriation of an investment in home appliance industrial company that led to a favorable Award for USD 68 million against the Republic of Korea on June 5, 2018 (Mohammad Reza Dayyani, et al. v. The Republic of Korea, PCA Case No. 2015-38).
- Representing a Tunisian company, KCI, against the Gabonese Republic in an UNCITRAL arbitration initiated under the OIC Agreement in relation to the construction of 5,000 residential units in the suburbs of Libreville which led to a favorable award on December 23, 2016 (PCA Case No. 2015-25).
- Representing a French investor, Mr. Frank Charles Arif, against the Republic of Moldova in an ICSID arbitration initiated under a bilateral investment treaty in relation to an investment in the duty-free industry that led to a favorable award on liability including specific performance (Frank Charles Arif v. Republic of Moldova, ICSID Case No. ARB/11/23).
- Representing a Turkish investor, Attila Dogan Construction and Installation Co. Inc., against the Sultanate of Oman in an ICSID arbitration initiated under a bilateral investment treaty in relation to the expropriation of an investment comprising an Off Plot Delivery Contract (Attila Doğan Construction & Installation Co. Inc. v. Sultanate of Oman, ICSID Case No. ARB/16/7).
- Representing the Iran Insurance Company against the Kingdom of Bahrain in an UNCITRAL arbitration initiated under a bilateral investment treaty in relation to its investment in a local Bahraini branch.
- Representing Muhammet Cap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. against Turkmenistan in an ICSID arbitration initiated under a bilateral investment treaty in relation to 31 disputed construction projects in Turkmenistan (Muhammet Cap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan, ICSID Case No. ARB/12/6).
- Representing Belmont Resources Inc. against the Slovak Republic in an ICSID arbitration initiated under a bilateral investment treaty, in relation to the expropriation of their mining rights over the Gemerska Poloma deposit, one of the largest talc deposits in the world in relation to which annulment proceedings are pending (EuroGas Inc. & Belmont Resources Inc. v. Slovak Republic, ICSID Case No. ARB/14/14).
- Representing the Lebanese Lahoud family against the Democratic Republic of Congo in an ICSID arbitration initiated under the foreign investment law for breach of international law with respect to an investment in the wood and construction industry that led to a favorable Award on liability (Antoine Abou Lahoud and Leila Bounafeh-Abou Lahoud v. Democratic Republic of the Congo, ICSID Case No. ARB/10/4).
Experience as President and co-Arbitrator
- President of the Tribunal in an UNCITRAL arbitration, under the auspices of the PCA, between an Australian company and the Republic of Turkey, initiated pursuant to a bilateral investment treaty and in relation to Claimant’s investments in the State in question (PCA Case No. 2016-22).
- Co-arbitrator appointed by claimant in an UNCITRAL arbitration between Mikhail Fridman and the Grand Duchy of Luxemburg regarding an alleged expropriation of investments.
- Co-arbitrator appointed by Djamel Ben Ferha in an ICSID arbitration against Belgium regarding an alleged expropriation of an investment in a football club (ICSID Case No. ARB/24/15).
- Co-arbitrator appointed by Algeria in an ICSID arbitration between United Agencies Limited SA, Mediterranean Shipping Company Algérie SARL and Maghrébine des Transports & Auxiliaires SARL and People’s Democratic Republic of Algeria on the other hand, concerning a port concession agreement (ICSID Case No. ARB/23/30).
- Co-Arbitrator appointed by the Republic of Egypt in an ICSID Arbitration between H&H Enterprise Investments and the Arab Republic of Egypt for the alleged expropriation of a hospitality complex (ICSID Case No. ARB/09/15).
- Co-Arbitrator appointed by Nigeria in an ICSID Arbitration between Shell and the Federal Republic of Nigeria for the alleged expropriation of oil fields (ICSID Case No. ARB/07/18).
- Co-Arbitrator appointed by Russia in an UNCITRAL arbitration between a Ukrainian company and an Eastern European nation regarding the expropriation of an electric grid and related exploitation and usage rights (PCA-2020-17).
- Co-Arbitrator appointed by Mirian G Dekanoidze, T.G. Trade LLC in an ICSID arbitration against Georgia regarding the acquisition of shares in the transportation industry (ICSID Case No. ARB/23/45).
- Co-Arbitrator appointed by AGEM Ltd in an ICSID arbitration against the Republic of Mali concerning taxation of shares in a company exploiting a gold mine (ICSID Case No. ARB/21/62).
- Co-Arbitrator appointed by Mr. Yves Martine Garnier in an UNCITRAL arbitration against the Dominican Republic concerning an alleged expropriation of Claimant’s investment in the waste management industry (PCA Case No. 2022-01).
- Co-Arbitrator appointed by African Petroleum Senegal Limited, a Cayman Islands incorporated company, in an ICSID arbitration against the Republic of Senegal related to a dispute concerning performance of two oil research and production sharing agreements concluded between the investor and the State (ICSID Case No. ARB/18/24).
- Co-Arbitrator appointed by Jordanian Mr. Mazen Al Ramahi in an ICSID arbitration against Hungary related to a dispute concerning a series of measures adopted by the Hungarian Government in connection with a company operating a chain of hotels in Hungary (ICSID Case No. ARB/17/45).
- Co-Arbitrator appointed by Menzies Middle East and Africa S.A. and Aviation Handling Services International Ltd in an ICSID arbitration against the Republic of Senegal arising out an investment in the Dakar Airport (ICSID Case No. ARB/15/21).
- Co-Arbitrator appointed by Tariq Bashir and SA Interpétrol Burundi in an ICSID arbitration against the Republic of Burundi related to a dispute concerning the provision of oil products (ICSID Case No. ARB/14/31).
- Co-Arbitrator appointed by Erbil Serter in an ICSID arbitration between against the French Republic related to a dispute concerning a ship hull design (ICSID Case No. ARB/13/22).
- Co-Arbitrator appointed by Mr. Hassan Awdi, Enterprise Business Consultants, Inc. and Alfa El Corporation in an ICSID Arbitration against Romania for alleged expropriation of a concession contract related to the press industry (ICSID Case No. ARB/10/13).
COMMERCIAL ARBITRATION
Experience as counsel
- Representing a leading international organization in an UNCITRAL arbitration against a Turkish contractor arising out of an airport construction project in Africa.
- Representing a leading international organization in an UNCITRAL arbitration against an African provider of logistics and transportation services.
- Representing a leading European multinational Telecom Supplier in an ICC arbitration against an Italian company and a Romanian company in relation to alleged breaches of supply agreements.
- Representing a French Telecom Supplier in an ICC arbitration initiated by a UAE Company in relation to a dispute in the telecommunication sector arising out of cellular network project in the Middle East.
- Representing a French telecommunication company in an ICC arbitration in Geneva against a Middle Eastern company for breach of a contract for the construction of a cellular network in that Middle Eastern State.
- Representing a French telecommunication company and its African subsidiary in an ICC arbitration in Paris against an African company and a Middle Eastern company for breach of a contract for the supply and construction of a GSM network in an African country.
- Representing a French telecommunication company and its Asian subsidiary in an ICC arbitration in Paris against a Middle-Eastern company in relation to supply of IT and telecommunication equipment.
- Representing a leading UAE energy company in an ICC arbitration against a Sovereign Libyan entity in relation to an agreement for the supply of crude oil in relation to a refinery.
- Representing a leading UAE energy company in an ICC arbitration against a Sovereign Libyan entity in relation to a shareholders’ agreement re the ownership and operation of a refinery in Libya.
- Representing a Middle Eastern State-owned company in a number of ad-hoc and commercial arbitrations worldwide arising out of large spectrum of oil and gas projects and agreements.
- Representing an Asian energy company in an ICC arbitration in Paris against a Mauritanian company for breach of an energy related contract.
- Representing an African State Ministry in an ICC arbitration in Paris against a Croatian company, arising out of the performance of a contract regarding development of water and irrigation projects in Sudan.
- Representing two Italian companies in SCAI arbitrations in Zürich against a German company and the Luxembourg and US subsidiaries of one of the largest wood-based panel manufacturer arising out of the performance of contracts for the construction of two plants in Luxembourg and the USA.
- Representing an Arab State in an ICC arbitration in Paris against an Asian company arising out of the design and construction of a solid waste management facility.
- Representing a Qatari company in an ICC arbitration in Paris against one of the largest automobile manufacturers in the world regarding the termination of several distribution agreements.
- Representing a French construction company in an ICC arbitration in Paris against a State entity of an Eastern European State for breach of a construction contract.
- Representing a Middle Eastern company in an ICC arbitration in Paris against an Italian company for breach of a contract for the design and supply of an MDF plant.
- Representing two Russian companies in a HKIAC arbitration in Hong Kong against a Cypriot company in a post take-over dispute regarding a petrochemical plant located in Russia.
- Representing a European construction company in an arbitration arising out of a subway construction project in an Arab country.
- Representing a leading French water management company in expertise and arbitration proceedings against a Middle Eastern entity for breach of a construction and commissioning contract of a water treatment facility.
- Representing an Omani company in an ICC arbitration in Paris against Oman in a dispute arising out of a road construction contract.
- Representing an Omani company in an ICC arbitration in Paris against Oman in a dispute arising out of the construction works on a section of a large airport expansion contract.
- Representing a Canadian construction company in an ICC arbitration in Geneva against a public entity arising out of the construction of a plant in the Middle East.
- Representing a high net worth individual against a Western company for deceit and non-payment of a commission in relation to an agency agreement for the construction of a nuclear plant in the Middle East.
- Representing Lebanese high net worth individuals in ICC arbitrations in Paris against another high net worth Lebanese individual, arising out of an agreement for the restructuring of family assets.
- Advising a Kuwaiti high net worth individual in relation to his rights and obligations with respect to a partial ICC award.
- Representing a high net worth Saudi national as well as several other English and Saudi companies, in an ICC arbitration in Paris arising out of a consultancy agreement with another Saudi individual.
- Representing a high net worth Omani-Yemenite national in a number of ad-hoc and commercial arbitrations arising out of hotel, military ordinance and agency projects worldwide.
- Representing a Luxembourg national in a SCAI arbitration in Geneva against a multinational group of companies active in the energy sector, arising out of a commercial agency contract.
- Representing two French companies in an ICC arbitration in Paris against a French multinational corporation arising out of an agency and lobbying services contract.
- Representing a leading European Tennis federation in an ICC arbitration in Paris against a foreign company for breach of broadcasting rights of a major sport event.
- Representing the owner of a 4-star hotel in France in an ICC arbitration in Paris against a European hotel management company for breach of a contract for the management of the hotel in South of France.
- Representing the owner of a 4-star hotel in Lebanon in an ICC arbitration in London against a US hotel management company for breach of a contract for the management of the hotel in Lebanon.
- Representing a French hotel management company in relation to a number of hotel management contracts worldwide against hotel owner.
Experience as President, Sole or co-Arbitrator
- Chairman of the Tribunal in a SIAC arbitration under Georgian law between two Eastern European companies regarding the alleged wrongful termination of a construction contract in relation to a water supply and sewer project in Georgia.
- Chairman of the Tribunal in a DIAC arbitration under UAE law between two companies regarding a construction dispute related to energy substations works and the consequent prolongation costs in UAE.
- Chairman of the Tribunal in an ad hoc arbitration under Swiss law and Equity between Swiss individuals in relation to the alleged breach of a partnership agreement in the bank sector.
- Chairman of the Tribunal in a LCIA arbitration under English law between two companies of German and Nigerian nationality and a Nigerian company for failures to meet payments under two contracts for the hire and operation of land drilling equipment and the supply of qualified personnel.
- Chairman of the Tribunal in a DIAC arbitration under UAE law between two Emirati companies in relation to a major construction project in Dubailand.
- Chairman of the Tribunal in a SIAC arbitration under Indian law between multiple Indian claimants and a Japanese company in relation to the interpretation and execution of a shareholders’ agreement in the energy sector in India.
- Chairman of the Tribunal in an LCIA arbitration under English law between two Mauritius and Cayman claimant companies, and six respondents of Indian and other nationalities, in relation to the breach of a shareholder and subscription agreement in a major Indian group.
- Chairman of the Tribunal in an ICC arbitration under Omani law between an Omani state-owned refinery and a Norwegian contractor in relation to alleged damages caused during the installation of a wet gas scrubber in the refinery.
- Chairman of the Tribunal in an ICC arbitration under UAE law between a UAE based supplier of electronic goods and a UAE based distributor in West Africa for the alleged breach of a distributor agreement.
- Chairman of the Tribunal in an ICC arbitration between a Congolese company on the one hand and another Congolese company, a Chinese company and a British Virgin Islands company on the other hand for alleged breaches of an agreement for the creation of a company in charge of mining exploration and operation.
- Chairman of the Tribunal in an ICC arbitration under Qatari law between a German company and a Malaysian Company related to the performance of a contract for the supply, manufacture and construction of a cart transport system for an airport located in Qatar.
- Chairman of the Tribunal in an ICC arbitration under the laws of the Eastern European State between a European construction company and a Ministry of Transport, Information Technology and Communications of an Eastern European State for alleged breaches of contract.
- Chairman of the Tribunal in a GCCIS (Swiss Rules) arbitration between a German company and an Indian company for alleged breaches of a distribution agreement.
- Chairman of the Tribunal in a DIAC arbitration between a Singaporean company and an Emirati company for alleged breaches of a consultancy contract.
- Chairman of the Tribunal in an LCIA arbitration under English law in London between Nigerian and English companies for the alleged breach of a Concession Agreement relating to a State Contract in the steel industry.
- Chairman of the Tribunal in an LCIA arbitration in London between English and Indian companies for the alleged breach of a contract for sale of steel.
- Chairman of the Tribunal in a TRAC arbitration between an Iranian company and a Turkish company arising out of the agreements for the sale and purchase of petrochemical products.
- Chairman of the Tribunal in a TRAC arbitration between an Iranian company and a Turkish company arising out of a consultancy agreement in relation to a construction project in Central Asia.
- Sole Arbitrator in an ICC arbitration under Swiss law between an individual and a group of companies who own and operate one of the largest and most important cryptocurrencies and online platform, regarding the trade of cryptocurrency on the platform and an alleged violation of the terms of use.
- Sole Arbitrator in a LCIA arbitration between a Swiss national and two Seychelles companies in relation to the interpretation and execution of an agreement for the supply of services to a luxury holiday villa in the Seychelles.
- Sole Arbitrator in a LCIA arbitration between two Spanish companies on one hand, and a Saudi Arabia company on the other hand, regarding the alleged breach of an integrated joint venture agreement and a lease agreement.
- Sole Arbitrator in an LCIA arbitration under Qatari law between two Qatari companies for alleged breaches of a supply agreement.
- Sole Arbitrator in an LCIA arbitration in London under New York Law between a North American company and a European bank for the alleged breach of a financial agreement.
- Sole Arbitrator in a SIAC arbitration under English law between an English company and an Emirati company for alleged breaches of a license and distribution agreement.
- Sole Arbitrator in an ICC arbitration in Paris between a Saudi Arabian company and an Emirati company for alleged breaches of a share purchase agreement.
- Sole Arbitrator in an ICC arbitration involving an Emirati company, an Azeri company and an Austrian company for alleged breaches of a contract for the construction of a hotel.
- Sole Arbitrator in a DIAC arbitration between two Emirati companies for the breach of construction contract.
- Sole Arbitrator in another DIAC arbitration between two Emirati companies for the breach of construction contract.
- Sole Arbitrator in a DIAC arbitration between two Emirati companies for breach of a services contract.
- Sole Arbitrator in an ICC arbitration in Paris between a Swiss company and an African State for the alleged breach of a contract for the reform and management of the African State’s import and customs authority.
- Sole Arbitrator in an ICC arbitration in Milan between a European company and a North American company for the alleged breach of a procurement contract for conveyor dryers in relation to the construction of a project in Asia.
- Sole Arbitrator in an UNCITRAL arbitration between a European company and a Middle Eastern public entity regarding the construction of a baggage handling system in the international airport of the country’s capital.
- Co-Arbitrator in an ICC arbitration between a joint venture and a Middle Eastern company regarding a dispute involving a waste heat recovery project for an industrial complex.
- Co-Arbitrator in a DIFC-LCIA arbitration under English law between Saudi companies and a company incorporated in the Republic of Korea for the alleged breach of an Operating Consortium Agreement in connection with the construction of a power plant.
- Co-Arbitrator in an ADCCAC arbitration between an Emirati company and a Kuwaiti company for the alleged breach of two sale and purchase agreements related to the acquisition of land plots in development of a commercial real estate project.
- Co-Arbitrator in a DIAC arbitration between an Emirati national and an Emirati company for the alleged breach of a Project Development Agreement in connection with the construction of a tourism and entertainment complex.
- Co-Arbitrator in a DIAC arbitration between two Emirati companies for the breach of contractual terms in relation to a contract for the procurement of security services.
- Co-Arbitrator in a DIAC arbitration between two Emirati companies regarding the alleged breach of sub-development agreements in the real estate sector.
- Co-Arbitrator in an ICC arbitration between a French claimant and two Respondents of French and German nationality in relation to the development of a digital platform.
- Co-Arbitrator in an ICC arbitration between a company registered in Jersey and an African State in relation to tax regulations.
- Co-Arbitrator in an ICC arbitration between a Caymanian company, a company incorporated in the British Virgin Islands and an Egyptian national in relation to the sale of shares of an Egyptian joint stock company founded to construct an undersea pipeline.
- Co-arbitrator in an ICC arbitration between a French Claimant and two French Respondents in relation to a post-acquisition dispute in the maritime sector.
- Co-arbitrator in four parallel arbitrations under the ICC and Swiss Rules between two UAE companies and an African State and its state-owned companies concerning a chain of contracts aimed at development of the exclusive economic zone of the State.
- Co-arbitrator in an ICC arbitration between a Turkish company and a consortium comprising a French and a Belgian company regarding the alleged breach of a contract for the construction of a glass line.
- Co-Arbitrator in an ICC arbitration between a Mauritius incorporated company and a Congolese company concerning a joint venture contract for the exploitation of mineral deposits in Congo.
- Co-Arbitrator in an ICC arbitration between a Lebanese company on the one hand and a French and Lebanese companies on the other hand, concerning a consultancy agreement in the telecommunications industry.
- Co-Arbitrator in an ICC arbitration between a Togolese company on the one hand and a French and Mauritian company on the other hand regarding the acquisition of a large telecom company in Senegal.
- Co-Arbitrator in an ICC arbitration between an Ivorian company and a Nigerian company over the operation of a joint venture active in the oil industry in various African countries.
- Co-Arbitrator in an ICC arbitration between a French company and a German company concerning the operation of a crude oil pipeline.
- Co-Arbitrator in an ICC arbitration between a Turkish company on the one hand and European, US, Turkish companies on the other hand for alleged violation of the sale and purchase agreement regarding the acquisition of a company-operator of several fast-food restaurant chains.
- Co-Arbitrator in an ICC arbitration between a French petroleum company and a North-African petroleum company regarding the price revision of gas.
- Co-Arbitrator in an ICC arbitration between a French gas equipment company and an Iranian gas company in relation to the development of an underground gas storage facility.
- Co-Arbitrator in an ICC arbitration between a French individual on the one hand and a French individual and an Emirati company on the other hand for an alleged violation of a share-purchase and cooperation agreement concerning a satellite insurance underwriting company.
- Co-Arbitrator in an ICC arbitration between an Italian company and an Algerian company on the one hand and another Algerian company and a US company on the other hand for a project for the construction of an oil and gas production unit.
- Co-Arbitrator in an ICC arbitration between an Italian company and a Chinese company on the one hand and a Kuwaiti company on the other hand regarding alleged breaches of the Sales Agency Agreement entered into between the parties.
- Co-arbitrator in an ICC arbitration between Iranian individuals and Japanese, Emirati companies related to a Joint Venture Agreement regarding the sale and purchase of electronics.
- Co-Arbitrator in an ICC arbitration between a Lebanese company and an American company for the alleged wrongful termination of contracts in the hospitality sector.
- Co-Arbitrator in an ICC arbitration between two Emirati companies regarding non-payment of the outstanding fees for providing design consultancy services performed under the contract in relation to the design and construction of a facility in the UAE.
- Co-Arbitrator in an ICC Arbitration in the Latin American region regarding an alleged breach of a share purchase agreement in the oil & gas industry.
- Co-Arbitrator in an ICC Arbitration between a French company and a Colombian company in the oil sector in relation to breach of contractual obligations.
- Co-Arbitrator in an ICC arbitration in Madrid between a Turkish company and a Brazilian company and its Spanish subsidiary regarding an alleged wrongful termination of distribution contracts.
- Co-Arbitrator in an ICC arbitration between a British company and an African State regarding an alleged wrongful termination of a contract in connection with energy development of the State.
- Co-Arbitrator in an ICC arbitration between an Equatorial Guinea company and a Lebanon company regarding the performance of a purchase and service agreement to supply and install Hardware in the territory of Equatorial Guinea.
- Co-Arbitrator in an ICC arbitration between two Egyptian companies regarding breaches of a management agreement related to a hotel under construction.
- Co-Arbitrator in an ICC arbitration between a Dutch company and an African State regarding the performance of a project in the field of gas exploitation and power generation.
- Co-Arbitrator in an ICC arbitration between a French State Defense Group against an Asian government for alleged breach of a contract for the sale of military equipment.
- Co-Arbitrator in an ICC arbitration between two Middle Eastern oil companies for alleged breach of a contract for the lease and operation of oil rigs.
- Co-Arbitrator in several ICC arbitrations between a Middle Eastern company and an Eastern European State for the alleged breach of construction contracts.
- Co-Arbitrator in an ICC arbitration between a European food manufacturer and its Middle Eastern distributor for alleged breach of a distribution contract.
- Co-Arbitrator in an UNCITRAL arbitration between an English company and a company incorporated under the laws of the British Virgin Islands in relation to the ownership of shares of a petrochemical plant in the Philippines.
- Co-Arbitrator in an UNCITRAL arbitration between a Luxembourg company and a Turkish national regarding an alleged breach of a non-compete contract.
- Co-Arbitrator in an UNCITRAL arbitration between major US and Arab companies for alleged breach of a joint venture for the exploration of oil.
- Co-Arbitrator in an UNCITRAL arbitration in Geneva between French and Turkish companies for alleged breach of a contract for the procurement of a computer software.
- Co-Arbitrator in an UNCITRAL arbitration between two Algerian public entities in the oil and gas sector and a North American petroleum company in relation to an alleged breach of an exploration contract.
- Co-Arbitrator in an arbitration under the auspices of the Cairo Regional Arbitration Centre dispute relating to the management of a 5-star hotel between the European Owner of the Hotel and a Public entity of a Middle Eastern State.
Sports Arbitration CAS
- Appointed to the Ad hoc division of the Court of Arbitration for Sport for the Paris 2024 Olympic Games (July – August 2024).
- Chairman of the Panel in one CAS appeal proceedings between the Professional Tennis Integrity Officers (PTIO) and a professional tennis player, regarding allegations of match-fixing and non-compliance with the player’s duty to cooperate under the Tennis Anti-Corruption Program (CAS 2020/A/7596).
- Chairman of the Panel in a CAS appeal proceedings between a football player, one of its previous clubs, his current club and another of his former clubs regarding the termination of employment contracts (CAS 2020/A/7421).
- Chairman of the Panel in two CAS appeal proceedings between the Fédération Internationale de Motocyclisme (FIM), the World Anti-Doping Agency (WADA) and a MotoGP athlete, regarding an alleged anti-doping rule violation by the athlete (CAS 2020/A/6978, CAS 2020/A/7068).
- Sole Arbitrator in a CAS arbitration between a German citizen and a Chinese football club regarding the termination of the employment contract of the former (CAS 2019/O/6178).
- Sole Arbitrator in the CAS appeal proceedings between two members of the World Association of Kickboxing Organizations (WAKO) and WAKO regarding the decision issued by the WAKO Arbitration Committee to dismiss such dispute (CAS 2019/A/6395).
- Sole Arbitrator in a CAS arbitration between a Greek company and a football club from an Arab State regarding performance of a football agent commission agreement (CAS 2018/O/5938).
- Co-Arbitrator in CAS proceedings between a Saudi Arabian football club and a British professional football player, regarding an appeal to a decision on a transfer ban (CAS 2023/A/9553).
- Co-Arbitrator in CAS proceedings between Sheikh Ahmad Al-Fahad Al-Sabah and the International Olympic Committee, regarding an appeal for a disciplinary matter (CAS 2023/A/9931).
- Co-Arbitration in CAS proceedings between a tennis player and the International Tennis Integrity Agency, regarding an appeal on a match-fixing issue (CAS 2023/A/9961).
- Co-Arbitrator in CAS proceedings between an Algerian football club, USM Alger, and a French-Algerian player against the football club’s suspension of the player from matches as well as a significant fine for “poor behavior” against club officials (CAS 2021/O/8410).
- Co-Arbitrator in CAS appeal proceedings between an Italian football club, La Spezia Calcio SRL, and the Fédération Internationale de Football Association (FIFA) against FIFA’s decision on a lengthy transfer ban to sanction the first registration of minors in relation to the “Nigerian System” (CAS 2022/A/8594).
- Co-Arbitrator in the CAS appeal proceedings between the Russian Athletics Federation and the International Association of Athletics Federations (IAAF) arising out of disciplinary sanctions (CAS 2018/A/5921).
- Co-Arbitrator in a CAS arbitration between the Fédération Internationale de Football Association (FIFA) and the Spanish national football league arising out of the conflicting selected dates for the World Cup in Qatar (CAS 2015/A/4021).
- Co-arbitrator in a CAS arbitration between a former President of a Regional Football Confederation and Fédération Internationale de Football Association (FIFA) regarding and alleged violation of the FIFA Code of Ethics (CAS 2021/A/8256).
- Co-Arbitrator in a CAS arbitration between the Union Cycliste Internationale and a cyclist regarding an alleged anti-doping rule violation by the Cyclist (CAS 2021/A/7628).
- Co-Arbitrator in a CAS arbitration between a Middle East country Football Federation and an international football coach regarding the termination of an employment contract (CAS 2020/A/7532).
- Co-Arbitrator in CAS arbitrations between the International Association of Athletics Federations and athletes specializing in high jump regarding alleged anti-doping rule violations by these athletes (CAS 2019/A/6168 and CAS 2019/A/6166).
- Co-Arbitrator in CAS arbitrations between the International Association of Athletics Federations and athletes specializing in hurdles regarding alleged anti-doping rule violations by these athletes (CAS 2019/A/6167 and CAS 2019/A/6165).
- Co-Arbitrator in a CAS arbitration between the World Anti-Doping Agency (WADA) and the Russian Anti-Doping Agency (RUSADA) regarding the non-compliance of the latter under the International Standard for Code Compliance by Signatories, and in particular the indication by RUSADA that it would dispute such non-compliance decision issued by WADA (CAS 2020/O/6689).
- Co-Arbitrator in a CAS arbitration between a rowing athlete from an Eastern European State on the one hand and the World Anti-Doping Agency (WADA), the Fédération Internationale des Sociétés d’Aviron (FISA) and the Anti-Doping Agency of an Eastern European State on the other hand, regarding an alleged anti-doping rule violation by the athlete (CAS 2018/O/5754).
- Co-Arbitrator in the CAS appeal proceedings between a Thai weightlifting athlete and the International Weightlifting Federation (IWF) against the IWF’s decision imposing disciplinary sanctions upon the athlete (CAS 2019/A/6122).
- Co-Arbitrator in a CAS arbitration between a football Club of an Arab State and its former board member arising out of the termination of the mandate of the former board member as a result of the interference of the Arab State (CAS 2014/A/3570).
- Co-Arbitrator in a CAS arbitration between a French football club and a European football body arising out of disciplinary sanctions (CAS 2017/A/5299).
- Co-Arbitrator in 22 independent CAS appeal proceedings between Russian winter Olympic athletes in speed-skating, cross-country skiing and bobsleigh, and the International Olympic Committee against the International Olympic Committee’s decision for a life-ban exclusion of the athletes on the basis of a mass covert doping scheme allegations (CAS 2017/A/5502, CAS 2017/A/5440, CAS 2017/A/5441, CAS 2017/A/5505, CAS 2017/A/5506, CAS 2017/A/5504, CAS 2017/A/5503, CAS 2017/A/5380, CAS 2017/A/5436, CAS 2017/A/5439, CAS 2017/A/5423, CAS 2017/A/5428, CAS 2017/A/5424, CAS 2017/A/5437, CAS 2017/A/5379, CAS 2017/A/5427, CAS 2017/A/5446, CAS 2017/A/5438, CAS 2017/A/5426, CAS 2017/A/5425, CAS 2017/A/5445, CAS 2017/A/5422).
- Co-Arbitrator in 7 independent CAS appeal proceedings between Russian cross-country skiing athletes and the International Ski Federation against the International Ski Federation’s decision on provisional suspension of the athletes (CAS 2018/A/5526, CAS 2018/A/5527, CAS 2018/A/5528, CAS 2018/A/5529, CAS 2018/A/5530, CAS 2018/A/5531, CAS 2018/A/5532).
PROFESSIONAL EXPERIENCE
| Since 2009 | Founding Partner, Derains & Gharavi |
| 2000 – 2008 | Partner (2005-2008), Salans – Paris |
| 1999 | Visiting Professor at Richmond University School of Law (international comparative law and arbitration) – Virginia |
| 1996 – 1998 | Associate, Skadden Arps Slate Meagher & Flom LLP – New York |
EDUCATION
| 2000 | Ph.D (University of Paris II) |
| 1996 | Master of Comparative Jurisprudence (New York University School of Law) |
| 1995 | D.E.A. Droit Nord Américain et Anglais des Affaires (University of Paris I) |
| 1994 | DESS Juriste d’Affaires Internationales (University of Paris V) |
| 1993 | Maîtrise (University of Paris II) |
MEMBERSHIP
- Appointed Court Member of the ICC International Court of Arbitration
- Appointed Court Member of the London Court of International Arbitration (2008-2012)
- Appointed Court Member of the International Arbitration Court of the Istanbul Arbitration Centre (as of 2015 to present)
- Appointed as the President of the Board of the Tehran Regional Arbitration Centre (as of 11 July 2018 to present)
- Appointed by the Kingdom of Cambodia to the ICSID panel of arbitrators and mediators (2005 to present)
- Appointed to the List of Arbitrators of the Dubai International Arbitration Centre
- Appointed to the Panel of Arbitrators of the Singapore International Arbitration Centre
- Appointed to the Panel of Arbitrators of the Kuala Lumpur Regional Centre for Arbitration
- Appointed to the Panel of Arbitrators of the Court of Arbitration for Sport
- Appointed to the Panel of Arbitrators of the Court of Arbitration for Art (CAfA)
- Appointed to the Panel of Arbitrators of the Pacific International Arbitration Centre.
Publicaciones
“Conspiracy of Separating Bahrain from Iran – an analysis based on secret documents of the British Foreign Office”, Sanglaj Publications, 2022 – written en Farsi
“There must be another way”, in “Arbitration and beyond… Une forme de vie” – Liber Amicorum pour Yves Derains, Éditions A. Pedone, 2021, p.67
Paris Court of Appeal annuls OIC award for irregular tribunal constitution via MFN procedure - DS Construction FZCO v State of Libya OIC - LexisNexis UK - 14/04/2021, Hamid Gharavi and Nada Sader
“Cocorico! – French approach to the OIC Treaty gives cause to crow”, Global Arbitration Review (GAR), 21/02/2020.