GBS Disputes

Experience includes representation of:

Commercial disputes

• An international joint venture in an ICC arbitration in Paris against an oil field services provider. The dispute arises from an EPC contract for the construction of upstream facilities in Africa. Issues include liability for delay, additional works and disruption. Over USD 850 million is at stake.
• A Middle Eastern national oil and gas company in three disputes (and associated negotiation) with a major international oil company relating, respectively, to the review of the price applicable under a long-term natural gas supply agreement, the correct invoicing procedure under that agreement, and the allocation of gas between the partners. The law of the Middle Eastern State applies. Over USD 2 billion is at stake.
• A national oil company in a dispute arising from the impact of shortfalls under a major upstream concession on the company’s own supply obligations under its long-term downstream sale agreement with the concession holder.
• A national oil company in a dispute with a foreign supplier in relation to the disruption of supply following the outbreak of a regional war.
• A State-owned entity in two disputes with two States arising from the performance of two long-term gas supply agreements. The law of the State-owned entity and international law applied.
• A natural gas seller in an ICC arbitration in Paris and in two CRCICA arbitrations in Cairo and Madrid initiated by a Spanish gas buyer. The arbitrations, which involved claims in excess of USD 4 billion, arose under a tolling agreement governed by English law and a related long-term gas supply agreement governed by Egyptian law. In a precedent-setting award on the English law of assignment, the ICC Tribunal dismissed the USD 300 million claim brought against our client. In another ground-breaking decision on the application of the ICSID Convention, the Madrid-seated Tribunal equally dismissed the entirety of the USD 3.6 billion claim brought against our client. Finally, in the Cairo-seated CRCICA arbitration, the Tribunal dismissed the USD 10 million claim brought against our client.
• A high net worth individual in an ICC arbitration in Geneva related to the dissolution of a long-standing family partnership. The law of a Gulf State applies. Billions of dollars are at stake.
• 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 5 percent of the claim.
• Sportfive EMEA (formerly Lagardère Sports) and a European marketing agency, Claimants in an ICC arbitration in Geneva against the Confederation of African Football (CAF). The dispute arose from the termination by CAF of two exclusive media and marketing rights agreements, one of which guaranteed the CAF a minimum revenue of USD 1 billion. Swiss law applied.
• EGPC in enforcement proceedings before French courts to challenge attachments conducted by NATGAS pursuant to an arbitral award.
• The Dow Chemical Company in an ICC arbitration in London against Petrochemical Industries Company (PIC) arising out of the failure of the latter to close a large joint venture transaction. English and Kuwaiti law applied. Dow was awarded more than USD 2.47 billion, the then largest commercial award ever rendered.
• A Middle Eastern company, Respondent in two ICC arbitrations in Paris initiated by a European bank. The dispute arose from the termination of a facility agreement granted by the Claimant for the construction and management of a high standard hospital in the Middle East, as well as from the guarantee relating to the construction agreement. French law applied.
• Two international construction contractors, as Respondents in an ICC arbitration in London initiated by a Middle Eastern State-owned company. The dispute concerns the development of a world-class medical facility in the Middle East. The law of the Claimant’s State applies. Over USD 3.7 billion is at stake.
• A major fertilizer producer as Claimant in an ICC arbitration in London against an Asian conglomerate. The dispute arose from the breach of a sales contract. English law applied. The Arbitral Tribunal granted our client pre-award interest at the unprecedented rate of 8.5% and post-award interest at the rate of 8%.

Investment disputes

• A Middle Eastern State, Respondent in a 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, 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 dismissal of claims totalling USD 30 billion with the remaining claims now being briefed by the parties on the merits.
• The Republic of Colombia, Respondent in an ICSID arbitration brought by Angel Samuel Seda and others (ICSID Case No. ARB/19/6). The dispute arose from allegations of expropriation of a real estate project seized in application of Colombia’s asset forfeiture law, and claims in excess of USD 300 million were brought under the 2012 Colombia-U.S. Trade Promotion Agreement (TPA). In a landmark victory for our client, the Tribunal dismissed all claims and found, for the first time in investment arbitration history, that the essential security clause in the TPA invoked by Colombia applied and protected Colombia’s measures designed to fight narcotraffic and money laundering.
• 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 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.
• Port operator Togo Terminal, Claimant in an ICSID arbitration brought against the Republic of Togo (ICSID Case No. ARB/18/16). The dispute related to a concession agreement.
• The Arab Republic of Egypt in an ICSID arbitration initiated by a Kuwaiti investor. The claim was brought under the Egypt-Kuwait bilateral investment treaty and arose in respect of the operation of a fertilizer plant and an associated long-term gas supply agreement.

ADVISORY WORK

• In view of shortfalls under import agreements entered into by a major oil company, reviewing and assessing all export agreements, including with several major IOCs in order to minimise the quantities to be supplied under the export agreements and to use the available products for domestic consumption.
• Representing an energy company in (i) the negotiation and drafting of agreements/treaties for the import of gas produced in Eastern Mediterranean gas fields, its transportation through a network of marine pipelines to be created, its treatment and liquefaction and its export as LNG and (ii) the settlement of associated disputes between LNG buyers and the energy company.
• Advising a State-owned entity in the Arabian Gulf regarding their model agreements and their corporate structure.
• Representing and advising the Arab Republic of Egypt, EGAS and EGPC regarding the conception, negotiation, drafting and implementation of over forty agreements which settle all disputes with Union Fenosa Gas S.A. (UFG), Spanish Egyptian Gas Company S.A.E. (SEGAS), Eni S.p.A. (Eni) and Naturgy Energy Group, S.A. and ensured the resumption of production at the Damietta Liquefied Natural Gas (LNG) plant owned by SEGAS. The negotiation of this transaction lasted for over two years and involved four different parties, in addition to affiliates of some of those parties. The transaction settled all disputes between the parties and allowed for the resumption of operations of the Damietta plant, which had been idle for nearly 10 years. It also (i) modified the shareholding structure of SEGAS (ii) modified the allocation of the LNG produced by the plant, and (iii) regulated the supply of gas from EGAS to Eni for the next 9 years.

Education

• Université Paris I Panthéon-Sorbonne/Institut d’Etudes Politiques de Paris, Master 2 Droit et globalisation économique
• Université Paris I Panthéon-Sorbonne, Master in International Business Law
• University of Cairo, Bachelor of Law
• Université Paris I Panthéon-Sorbonne, B.A. in Philosophy

Admissions & Courts

• Paris
• Cairo

Languages

• English
• Arabic
• French

Nationalities

• Egyptian
• French

• Lecturer on investment arbitration, Sciences Po Law School
• Member, LCIA Young International Arbitration Group (YIAG)

• “Introduction à l’arbitrage en matière d’investissement,” Université Catholique de Lyon, 9 October 2024