GBS Disputes

Tatiana is part of the team representing:

• A Middle Eastern State, Respondent in an UNCITRAL arbitration initiated by Middle Eastern investors. The dispute, which involves claims in excess of USD 34.8 billion, arises from the alleged expropriation and mistreatment of investments in seven real estate projects. The proceedings are administered by the Permanent Court of Arbitration.
• The Arab Republic of Egypt in an UNCITRAL arbitration against an investor and a company in relation to the alleged mistreatment of their investments in real estate projects in Egypt. The claims are brought under the Egypt-Canada bilateral investment treaty.
• A Middle Eastern national oil company in 11 disputes against an international oil company. The disputes concerned inflated cost recovery claimed and collected by the IOC and its predecessor in title under 11 concession agreements. The law of the Middle Eastern State applied. More than USD 250 million was at stake.
• The Arab Republic of Egypt, Respondent in an 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 dismissal of claims totalling USD 30 billion with the remaining claims now being briefed by the parties on the merits.
• The Arab Republic of Egypt, Respondent in two parallel ICSID and UNCITRAL arbitrations arising from a concession for the distribution of natural gas in one of Egypt’s largest governorates. The Claimants sought USD 190 million in damages under the Canada-Egypt and Egypt-UAE bilateral investment treaties in respect of the annulment of a commercial arbitral award by the Egyptian courts, the alleged failure to protect the assets of the Claimants’ company during the Egyptian revolution of 2011, the non-extension of the concession to cover a new phase, and the subsequent termination of the entire concession. We succeeded in obtaining the full dismissal of all claims, some on jurisdictional grounds and the remaining claims on the merits.
• The People’s Democratic Republic of Algeria, in an UNCITRAL arbitration brought by the 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 the context of a cement plant construction project near the city of Djelfa and the participation of ASEC Cement S.A.E. in an active cement plant near the city of Zahana.

Advisory work

• Advising a State on the negotiation of a treaty regarding joint exploration of hydrocarbons.
• Advising a major oil company on its anticipated acquisition of a stake in a major gas field in a neighbouring country and its construction of an associated processing facility, including investment treaty advice, the structuring of the investment vehicle, and the drafting of all associated upstream, midstream and downstream contracts.
• Advising a major oil company on a series of agreements to effect a multi-billion dollar settlement through amendments of existing concessions, sale of assets and grant of right regarding exported products.

Education

• Université Paris I Panthéon-Sorbonne, Master 2 in Arbitration and International Business Law
• Université Paris II Panthéon-Assas, Master 2 in Business Law (With honors, troisième de promotion)
• Université Saint-Joseph de Beyrouth, LL.B and Master 1 in Business Law (With honors, vice-major de promotion)

Admissions & Courts

• Beirut

• Honorable Mention ‘Martin Domke Award for Individual Oralist’, 26th Willem C. Vis International Commercial Arbitration Moot (2019)
• Honorable Mention ‘Eric E. Bergsten Award for Team Orals’, 26th Willem C. Vis International Commercial Arbitration Moot (2019)

Languages

• French
• Arabic
• English

Nationality

• Lebanese

• « Les sanctions de l’abus de droit de vote en droit des sociétés », in L’Actionnaire, 17è ed., Rev. Droit & Affaires (2020)