Paris Court of Appeal annuls OIC award for irregular tribunal constitution via MFN procedure - DS Construction FZCO v State of Libya OIC - LexisNexis UK - 14/04/2021, Hamid Gharavi and Nada Sader
Biography
| NATIONALITY: | Lebanese, American and French |
| LANGUAGES: | French, Arabic and English |
| ADMISSION: | Paris and Beirut |
| OFFICE: | Beirut |
Nada Sader is a partner of the Derains & Gharavi International Network based in the Beirut office. She has acted as counsel or arbitrator in numerous ad hoc and institutional commercial arbitrations (including under the arbitration rules of the ICC, LCIA, UNCITRAL, BCCI, ADCCAC, the Paris Chamber of Arbitration and DIAC) and investment arbitrations.
Her experience extends to proceedings governed by civil law, common law, investment treaties and general public international law.
Her practice covers a wide range of industries. She has been particularly active in the sectors of engineering and construction, energy (oil & gas), telecommunications, joint-ventures, distribution, international sales/services agreements, real estate, pharmaceuticals and investments in general. She has also advised companies on public international law matters, including compliance with national, regional and international sanctions.
Nada is a member of the Paris and Beirut Bars.
ILLUSTRATIVE EXPERIENCE AS COUNSEL
- Representing Middle Eastern Claimant in ICC arbitration proceedings against a Middle Eastern State in relation to a road construction project (seat of the arbitration: Muscat, Oman).
- Representing Middle Eastern Claimant in ICC arbitration proceedings against a Middle Eastern State in relation to the construction of part of an airport expansion project (seat of the arbitration: Muscat, Oman).
- Representing Middle Eastern Claimant in two ICC arbitration proceedings against an Italian company in relation to the construction of an MDF plant in the middle east (seat of the arbitration: Paris, France).
- Representing Middle Eastern Claimant in ICC arbitration proceedings against a German company for breach of an agency agreement (seat of the arbitration: Zurich, Switzerland).
- Representing Middle Eastern Claimant in ICC arbitration proceedings against Middle Eastern Respondent for breach of contract (seat of the arbitration: Paris, France).
- Representing Claimant in ICC arbitration proceedings against a French company for breach of a services agreement (seat of the arbitration: Paris, France).
- Representing Middle Eastern Claimant in ICC arbitration proceedings against a US company for breach of an agency agreement (seat of the arbitration: Paris, France).
- Representing Claimant in an ICC arbitration proceedings against a State entity for breach of a contract for the sale of goods (seat of the arbitration: Paris, France).
- Representing Respondent in ICC arbitration proceedings against a Mauritanian company for alleged breach of a lease agreement (seat of the arbitration: Paris, France).
- Representing Respondent in ICC arbitration proceedings against an Iranian company for alleged breach of a contract for the supply of telecommunication equipment and software in Iran (seat of the arbitration: Paris, France).
- Representing an Emirati company in ICC arbitration proceedings against a State entity for breach of a contract for the supply of oil (Seat of the Arbitration: Paris, France).
- Representing an Emirati company in ICC arbitration proceedings against a State entity for breach of a shareholders’ agreement (Seat of the Arbitration: Paris, France).
- Representing Claimant in arbitration proceedings under the Rules of the Paris Chamber of Arbitration against an African State entity (seat of the arbitration: Paris, France).
- Representing a Kuwaiti Respondent in arbitration proceedings initiated by a Lebanese national for breach of a services agreement under the rules of the Beirut Chamber of Commerce and Industry (Seat of the Arbitration: Beirut, Lebanon).
- Representing Respondent in arbitration proceedings initiated by an Emirati company in relation to a construction project under the rules of the Abu Dhabi Commercial Conciliation and Arbitration Center (Seat of the Arbitration: Abu Dhabi, UAE).
- Representing a US investor in ICSID arbitration proceedings against Ukraine in relation to the expropriation of his investment in the radio industry, and in the annulment proceedings of the Award before ICSID (Joseph C. Lemire v. Ukraine, ICSID Case No. ARB/06/18).
- Representing Lebanese investors in ICSID arbitration proceedings against the Democratic Republic of Congo in relation to the expropriation of their investment in the wood and electricity industries, and in the annulment proceedings of the Award before ICSID (Antoine Abou Lahoud and Leila Bounafeh-Abou Lahoud v. Democratic Republic of the Congo, ICSID Case No. ARB/10/4).
- Representing a French investor in ICSID arbitration proceedings against the Republic of Moldova in relation to the expropriation of his investment in the duty free industry (Frank Charles Arif v. Moldova, ICSID Case No. ARB/11/23).
- Representing the Republic of Togo in ICSID annulment proceedings (Togo Electricité and GDF-Suez Energie Services v. Togo, ICSID Case No. ARB/06/7 (annulment only)).
- Representing US investors in ICSID arbitration proceedings against the Republic of Kazakhstan in relation to the expropriation of an oil concession, and in the annulment proceedings of the award before ICSID (Caratube International Oil Company LLP and Mr. Devincci Hourani v. Kazakhstan, ICSID Case No. ARB/13/13).
- Representing US and UK investors in ICSID arbitration proceedings against the Republic of Kazakhstan in relation to the expropriation of their investment in the pharmaceutical industry (Mr. Devincci Salah Hourani and Mr. Issam Salah Hourani v. Kazakhstan, ICSID Case No. ARB/15/13).
- Representing Romania in ICSID arbitration proceedings initiated by a Dutch Company in relation to the alleged expropriation of its investments, including in the insurance and press industries (Nova Group Investments, B.V. v. Romania, ICSID Case No. ARB/16/19).
- Representing Egypt in ICSID arbitration proceedings initiated by a Dutch Company in relation to the alleged expropriation of an investment in pipes (Future Pipe International B.V. v. Arab Republic of Egypt, ICSID Case No. ARB/17/31).
- Representing an Emirati company in a dispute against Libya pursuant to the Agreement on Promotion, Protection and Guarantee of Investments Among Member States of the Organisation of the Islamic Conference, in relation to its investment in the oil sector.
- Advising a Qatari Telecommunications provider in an investment dispute with the Republic of Indonesia in the Indonesian mobile telecommunications sector.
- Advising a Bahrain private equity bank in a shareholders’ dispute with a majority shareholder, in relation to an investment in Saudi Arabia.
ILLUSTRATIVE EXPERIENCE AS ARBITRATOR
- Sole Arbitrator in DIAC arbitration proceedings between a European national and an Emirati company in relation to a real estate dispute (seat of the arbitration: Dubai, U.A.E.).
- Sole Arbitrator in ad hoc arbitration proceedings between a Lebanese national and a Lebanese company in relation to a real estate dispute (seat of the arbitration: Beirut, Lebanon).
- Sole Arbitrator in ICC arbitration proceedings between Mauritanian individuals and a Moroccan Company in relation to a share sale purchase agreement (seat of the arbitration, Paris, France).
- Sole Arbitrator in ICC arbitration proceedings between Moroccan companies in relation to a share subscription agreement (seat of the arbitration: Paris, France).
- Sole Arbitrator in ICC arbitration proceedings between two UAE companies in relation to a construction contract (seat of the arbitration: DIFC, UAE).
- Co-arbitrator in ICC arbitration proceedings between a Lebanese company and Lebanese and Qatari Respondents in relation to a Joint-Venture Agreement in the context of the construction of towers in Qatar (seat of the arbitration: Beirut, Lebanon).
- Co-arbitrator in ad hoc arbitration proceedings between a Lebanese company and a Syrian company in relation to the sale of a ship (seat of the arbitration: Beirut, Lebanon).
- Co-arbitrator in ad hoc arbitration proceedings between a Qatari national and a Lebanese company in relation to a services agreement (seat of the arbitration: Beirut, Lebanon).
PROFESSIONAL EXPERIENCE
| Since 2015 | Partner, Derains & Gharavi International Network (Beirut) |
| 2009-2014 | Associate, Derains & Gharavi (Paris) |
EDUCATION
| 2015 | Member of the Beirut Bar Association |
| 2009 | Member of the Paris Bar Association |
| 2008 | Member of the New York State Bar Association, Trainee lawyer at the Beirut Bar Association |
| 2007 | Master’s Degree (DESS) in Litigation, Arbitration and Alternative Dispute Resolution, Panthéon-Assas Paris II University, Paris, France |
| 2006 | LL.M. (Master of Laws) in General Legal Studies, Georgetown University Law Center, Washington, D.C., USA |
| 2005 | Law Degree, Saint Joseph University, Beirut, Lebanon |