GBS Disputes

EXPERIENCE INCLUDES REPRESENTATION OF:

Investment disputes

• The Arab Republic of Egypt, Respondent in a UNCITRAL arbitration initiated by four Middle Eastern investors in connection with the alleged violation of the Organization of the Islamic Conference (OIC) agreement. The dispute arises from the alleged expropriation and mistreatment of investments in major commercial and touristic real estate projects in Egypt. USD 52 billion is at stake. We succeeded in obtaining the summary dismissal of claims totalling USD 30 billion with the remaining claims now being briefed by the parties on the merits.
• A State in two parallel investment arbitrations arising in respect of a concession for the creation and operation of a natural gas distribution network.
• The People’s Democratic Republic of Algeria, Respondent in a UNCITRAL arbitration brought by Egyptian companies Qalaa Holdings S.A.E. and ASEC Cement S.A.E on the basis of the bilateral investment protection treaty between Algeria and Egypt. The dispute concerns alleged violations of the State’s obligations under the treaty in relation to two cement production projects in Algeria.
• The Arab Republic of Egypt, Respondent in an ICSID arbitration brought against it by Tantalum International, Ltd. and Emerge Gaming, Ltd. under the Egypt-Australia bilateral investment treaty. The dispute concerned two mining projects.
• A State as Respondent in an arbitration under the UNCITRAL Rules, administered by the Permanent Court of Arbitration, in relation to a petrochemical plant. Over USD 2 billion was at stake. A settlement for less than ten percent of the claim was achieved.
• The Arab Republic of Egypt, Respondent in two investment arbitrations concerning alleged violations under the Egypt-Poland, Egypt-U.S. and the Egypt-Germany bilateral investment treaties relating to the performance of a long-term contract for the export of Egyptian natural gas to Israel. Around USD 2 billion was claimed. More than two thirds of the claims were dismissed on jurisdictional grounds and on the merits. Following these decisions, the parties reached a global settlement, under which all claims against our clients were waived without our clients being required to make any payment.

Commercial disputes

• Two State-owned entities in a USD 6 billion ICC arbitration in Geneva and a USD 4 billion CRCICA arbitration in Cairo arising out of a long-term gas supply contract relating to the export of Egyptian gas to Israel. English law applied to both arbitrations. More than three quarters of the Claimants’ claims were dismissed for lack of jurisdiction or on the merits. Following these decisions, the parties reached a global settlement for less than five percent of the claim.
• A natural gas seller in two CRCICA arbitrations in Cairo and Madrid initiated by a Spanish gas buyer. The arbitrations, which involved claims in excess of USD 3.6 billion, arose from a long-term gas supply agreement governed by Egyptian law. In a ground-breaking decision on the application of the ICSID Convention, the Madrid-seated Tribunal dismissed the entirety of the USD 3.6 billion claim brought against our client. In the Cairo-seated CRCICA arbitration, the Tribunal dismissed the USD 10 million claim brought against our client.
• Advising a State-owned entity in relation to the performance and termination of two mining concession agreements.
• A heavy equipment supplier and contractor in relation to a number of delay, disruption, defects and other disputes arising out of two energy construction projects in Africa with claims and counterclaims of over USD 2 billion.
• A Middle Eastern business man in an ICC arbitration in Geneva related to the dissolution of a long-standing family partnership. The law of a Gulf State applied. Billions of dollars were at stake.
• A Lebanese construction contractor in relation to the enforcement of a multi-million award issued in its favor. The dispute related to the expansion of an international airport in the capital of a Gulf State.

Advisory work

• Representing and advising the Government of Egypt and the Egyptian Mineral Resources Authority in respect of the negotiation and drafting of three gold mining concessions with three leading international mining companies.

Pro bono Experience

• Representation of a plaintiff in a lawsuit filed in a US District Court under the Foreign Sovereign Immunities Act, a federal law that authorizes suits against designated State sponsors of terrorism for the murder of US citizens.

Education

• Université Paris I Panthéon-Sorbonne, Master 2 in International Business Law and Tax Law
• Université Paris I Panthéon-Sorbonne, Master 1 in International Business Law
• Cairo University, LL.B.

Admissions & Courts

• Paris
• Cairo

Languages

• Arabic
• English
• French

Nationalities

• Egyptian
• French

• Member, British Institute of International and Comparative Law (BIICL)
• Member, ASA Below 40

• La révision du règlement 1346/2000 relatif aux procédures d’insolvabilité en Europe (Thesis under the supervision of Professor Michel Menjucq)