GBS Disputes

AS COUNSEL INCLUDES REPRESENTATION OF:

• The Egyptian Natural Gas Holding Company (EGAS) in an ICC arbitration in Paris initiated by Spanish Egyptian Gas Company S.A.E. (SEGAS) and in two CRCICA arbitrations in Cairo and Madrid initiated by Union Fenosa Gas (UFG). 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 by SEGAS against EGAS. In another ground-breaking decision on the application of the ICSID Convention, the Madrid seated CRCICA Tribunal equally dismissed the entirety of the USD 3.6 billion claim brought by UFG. Finally, in the Cairo seated CRCICA arbitration, the Tribunal dismissed the USD 10 million claim brought by UFG.
• The Dow Chemical Company in an ICC arbitration in London against Kuwaiti Petrochemical Industries Company (PIC) arising out of the failure of the latter to close a large joint venture transaction governed by English law. Dow was awarded more than USD 2.47 billion.
• Two Egyptian 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. Youssef Daoud also represented the Arab Republic of Egypt, as 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 the same long-term contract for the supply of natural gas. Around USD 2 billion were claimed in the investment disputes. More than two thirds of the Claimants’ 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.
• 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.
• Port operator Togo Terminal, Claimant in an ICSID arbitration brought against the Republic of Togo (ICSID Case No. ARB/18/16). The dispute relates to a concession agreement.
• A Middle Eastern State in two parallel investment arbitrations arising in respect of a natural gas distribution network.
• The Arab Republic of Egypt in an ICSID arbitration initiated by Bawabet Al-Kuwait Holding Company (ICSID Case No. ARB/11/6). The claims were brought under the Egypt-Kuwait bilateral investment treaty.
• Sportfive EMEA (formerly Lagardère Sports), Claimant in an ICC arbitration in Geneva against the Confederation of African Football (CAF). The dispute arises from the termination by CAF of a USD 1 billion exclusive television and marketing rights agreement. Swiss law applies.

The subsidiary of a Middle Eastern conglomerate, Claimant in an ICC arbitration in London against a Bangladeshi conglomerate. The dispute arose from the breach of a sales contract. English law applied.

ADVISORY WORK

• Negotiating on behalf of the Egyptian Ministry of Petroleum, the Egyptian Natural Gas Holding Company (EGAS) and the Egyptian General Petroleum Corporation (EGPC) and drafting 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 ensure the resumption of production at the Damietta Liquefied Natural Gas (LNG) plant owned by SEGAS, which is valued at USD 7 billion and had been idle for over 8 years. The agreements modify the shareholding structure of SEGAS, the beneficiaries of the plant’s liquefaction capacities and provide for the arrangements for the supply of gas from EGAS to Eni for a period of 9 years.
• Negotiating on behalf of energy companies with their major upstream and downstream counterparties.

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