About

Number of years practice: 30+

Principal practice areas: International arbitration

Languages spoken: French and English

What is the geographical focus of your practice in Africa?

Pan-African.

Please describe the most important matters you have worked on in the African market in the last two years, including your role and the significance of the matter (if any) to the development of business and law.

As founder and head of Shearman & Sterling’s international arbitration practice, I have advised and represented states, state-owned entities and companies in Africa for over 30 years, contributing to the resolution of over 115 international disputes related to the continent. Representative highlights which have marked the last two years and in which I acted as lead counsel notably include the following. Securing the dismissal, on behalf of the People’s Democratic Republic of Algeria, of a US$4bn claim brought against the Algerian Republic by Orascom TMT Investments, a company owned by Egyptian billionaire Naguib Sawiris. The arbitral tribunal held that the dispute was, in essence, identical to one brought in another arbitration – in which I also acted as lead counsel on behalf of the Algerian Republic – and that the pursuit of multiple arbitrations over the same dispute amounted to an abuse of rights. This is a landmark decision, not only in relation to abuse of process, but also because an increasing number of states have been faced with investors bringing multiple proceedings in relation to the same facts.

Representing Angolan national energy company Sonangol in an ICC arbitration brought against it by a local subsidiary of US company Cobalt International Energy. The US$2.2bn claim related to concession rights in two deep-water oil blocks off the coast of Angola. A settlement was achieved in December 2017 and the arbitration was terminated in July 2018. This was one of the largest energy disputes in sub-Saharan Africa.

Securing a precedent-setting award on the English law of assignment in an ICC arbitration between Egyptian national energy company EGAS – which I was representing – and Spanish Egyptian Gas Company S.A.E. (SEGAS). The dispute arose from a tolling agreement and the ICC Tribunal dismissed all claims against SEGAS. I have also been advising EGAS, EGPC and the Arab Republic of Egypt in over 15 arbitrations that arose after the 2011 Egyptian Revolution.

Securing the settlement of two ad hoc arbitrations on behalf of an international logistics company and port operator. The dispute arose from the breach of a concession agreement and a framework agreement. The first arbitration was brought against the port authority of an African state. The second arbitration was brought against the same port authority and the state.

Representing two Egyptian state-owned entities in an ICC and a CRCICA arbitration arising out of a long-term gas supply contract relating to the export of Egyptian gas to Israel. English law applied to both arbitrations and over US$10bn was at stake. I am also representing the Arab Republic of Egypt in two parallel investment arbitrations concerning alleged violations under the Egypt-Poland, Egypt-US and the Egypt-Germany bilateral investment treaties where US$2bn was claimed.

What differentiates your practice from that of other private practice lawyers?

I have acted as counsel in international disputes related to Africa for the past 30 years, acting in many of the most significant disputes that emerged on the continent.