Derains & Gharavi International

Hamid Gharavi

Founding Partner

Biography

NATIONALITY: French and Iranian
LANGUAGES: French, English and Farsi
ADMISSION: Paris and New York
OFFICE: Paris

Dr. Hamid Gharavi has acted as arbitrator or counsel in over 200 ad hoc and institutional arbitrations, including commercial, construction and over 30 investment arbitrations under foreign investment laws and bilateral and multilateral treaties, in relation to a broad spectrum of issues ranging from sanctions to political takings, and industries, ranging from oil and gas, mining, M&A, military ordnance and defense, telecommunications, media, and aviation, to agency, distribution, sales, all types of design and engineering projects, poultry, duty free, hospitality, real estate, wood and derived products, pharmaceutical, and sports, including commercial, disciplinary sanctions and doping.

He has been appointed to the Panel of ICSID Arbitrators, to the Court of the Istanbul Arbitration Centre, to the Court of the LCIA (from 2008-2012), the Commission on Arbitration of the ICC as well as to other panels, including DIAC, SIAC, TRAC, and the Court of Arbitration for Sport.

Dr. Gharavi teaches investment arbitration in the Master program “Droit international économique” at the University of Paris II Panthéon-Assas. He is the author of a book entitled “The International Effectiveness of the Annulment of an Arbitral Award,” published by Kluwer Law International and publications in all the main arbitration law reviews, and a regular speaker at conferences.

Dr. Gharavi holds a PhD from the University of Paris II, and post-graduate degrees from New York University School of Law and University of Paris I Panthéon-Sorbonne.

Both Chambers and Legal 500 rank him at Band 1 of arbitration counsels for France.  Chambers says that “Hamid has a larger-than-life personality and is personable and hard-working” and describes him as “extremely dynamic, fearless in hearings and able to think out of the box”. Chambers also notes that Dr. Gharavi “earns considerable praise as an active and effective arbitrator in important cases. Interviewees note his valuable input during hearings, saying: ‘He always raises good questions that are material to the outcome of the case.’” In Legal 500, he is described as “absolutely brilliant” with “a busy practice as counsel in cases but also has ‘impressive success attracting major appointments as arbitrator’”.

Before founding Derains & Gharavi, Dr. Gharavi was a partner at Salans in Paris after having started his career at Skadden Arps Slate Meagher & Flom LLP in New York and as Visiting Professor at the University of Richmond School of  Law.

EXPERIENCE AS COUNSEL

Investment Arbitration: 

Dr. Gharavi has secured as counsel landmark victories both for investors and Sovereign States, including the first award ever of moral damages in favor of an investor under a BIT (DLP v. Yemen, ICSID Case No. ARB/05/17); an award in favour of an investor finding public tender results to be in violation of a BIT (Joseph Charles Lemire v. Ukraine, ICSID Case No. ARB/06/18); three ICSID Awards for investors against Kazakhstan including two awards in favor of Turkish entities for deprivation of their shares by the host State’s judiciary for the benefit of a third private party (Rumeli/Telsim v. Kazakhstan, ICSID Case No. ARB/05/16 and Aktau Petrol Ticaret A.Ş. v. Kazakhstan, ICSID Case No. ARB/15/8) and a third for a US investor for political taking by Kazakhstan (Caratube International Oil Company LLP and Mr. Devincci Salah Hourani v. Kazakhstan, ICSID Case No. ARB/13/13); an award in favour of a French investor ordering for the first time specific performance (Mr. Franck Charles Arif v. Republic of Moldova, ICSID Case No. ARB/11/23); a decision on jurisdiction for Sudan finding for the first time ever that a foreign nationality of the investor was secured by fraud and thus ineffective (Michael Dagher v. Sudan, ICSID Case No. ARB/14/2); an award on jurisdiction in favor of the Republic of Turkey dismissing the largest ICSID claim ever (19 billion USD) against a Sovereign State (Saba Fakes v. Republic of Turkey, ICSID Case No. ARB/07/20); and three awards for the Republic of Albania, the first dismissing for the first time ever a case based on a fork-in-the-road provision of a BIT (Pantechniki S.A. Contractors & Engineers v. Republic of Albania, ICSID Case No. ARB/07/21), the second dismissing the entire claim for lack of jurisdiction ratione materiae and personae, with full legal and arbitration costs (Burimi S.r.l. & Eagle Games Sh.a. v. Republic of Albania, ICSID Case No. ARB/11/18), and the third dismissing claims on the ground that the State measures were legitimate public measure safeguards compliant procedurally and substantively under international law (Mamidoil Jetoil Greek Petroleum Products Société Anonyme S.A. v. Republic of Albania, ICSID Case No. ARB/11/24)

Counsel for sovereign States

Counsel for investors

Commercial arbitration

EXPERIENCE AS ARBITRATOR

Investment arbitration

Commercial arbitration
Sports Arbitration
  • Co-arbitrator in an arbitration under the auspices of CAS between a football Club of an Arab State and its former board member arising out of the termination of the mandate of the former board member as a result of the interference of the Arab State (CAS 2014/A/3570).
  • Co-arbitrator in an arbitration under the auspices of CAS between the Fédération Internationale de Football Association and a national football league arising out of the selected dates of a major competition (TAS 2015/A/4021).
  • Co-arbitrator in an arbitration under the auspices of CAS between a French football club and a European football body arising out of disciplinary sanctions (CAS 2017/A/5299).
  • Co-arbitrator in 22 independent appeal proceedings under the auspices of CAS between Russian winter Olympic athletes in speed-skating, cross-country skiing  and bobsleigh and the International Olympic Committee against the International Olympic Committee’s decision for a life-ban exclusion of the athletes on the basis of a mass covert doping scheme allegations (CAS 2017/A/5502, CAS 2017/A/5440, CAS 2017/A/5441, CAS 2017/A/5505, CAS 2017/A/5506, CAS 2017/A/5504, CAS 2017/A/5503, CAS 2017/A/5380, CAS 2017/A/5436, CAS 2017/A/5439, CAS 2017/A/5423, CAS 2017/A/5428, CAS 2017/A/5424, CAS 2017/A/5437, CAS 2017/A/5379, CAS 2017/A/5427, CAS 2017/A/5446, CAS 2017/A/5438, CAS 2017/A/5426, CAS 2017/A/5425, CAS 2017/A/5445, CAS 2017/A/5422, CAS 2017/A/5436).
  • Co-arbitrator in 7 independent appeal proceedings under the auspices of CAS between Russian cross-country skiing athletes and the International Ski Federation against the International International Ski Federation’s decision on provisional suspension of the athletes (CAS 2018/A/5526, CAS 2018/A/5527, CAS 2018/A/5528, CAS 2018/A/5529, CAS 2018/A/5530, CAS 2018/A/5531, CAS 2018/A/5532).

PROFESSIONAL EXPERIENCE

Since 2009 Founding Partner, Derains & Gharavi
2000 – 2008 Partner (2005-2008), Salans – Paris
1999 Visiting Professor at Richmond University School of Law (international comparative law and arbitration) – Virginia
1996 – 1998 Associate, Skadden Arps Slate Meagher & Flom LLP – New York

EDUCATION

2000 Ph.D (University of Paris II)
1996 Master of Comparative Jurisprudence (New York University School of Law)
1995 D.E.A. Droit Nord Américain et Anglais des Affaires (University of Paris I)
1994 DESS Juriste d’Affaires Internationales (University of Paris V)
1993 Maîtrise (University of Paris II)

MEMBERSHIP

Publications

“Discord Over Judicial Expropriation”, ICSID Review – FILJ, Vol. 33 (2018)

“Le financement par un tiers dans l’arbitrage d’investissement”, Revue belge de l’Arbitrage, 2017/1, p. 67

"Effectiveness and the arbitrator's initiative" in "Arbitrators' initiative: when, why and how should it be used?", ASA Special Series no. 45, 2016, p.31.

“Quand la France convole avec l’Iran”, Esprit (Actualités), 22 April 2016

“The Advantages of the ICC over ICSID in Investment Arbitrations, International Arbitration under Review”, Essays in honour of John Beechey, ICC publication No. 772 E, 2015

View all publications