Derains & Gharavi has extensive experience as counsel and arbitrator in a wide range of disputes involving the media, IT, and telecommunications sectors, with a particular focus on commercial arbitrations involving telecommunication contracts and investment arbitrations related to the expropriation of telecommunication assets, having been entrusted with counsel mandates in this sector by large international groups, high-net individuals, States, and State entities.
The below non-exhaustive examples demonstrate the firm’s extensive experience in this sector (For full list see the CVs of Yves Derains and Hamid Gharavi):
- Successfully represented as the lead counsel the Republic of Türkiye in a USD 19 billion ICSID arbitration initiated by a Dutch national Saba Fakes in relation to the alleged expropriation of an investment in the telecom industry that led to the dismissal of the case on jurisdiction with costs (ICSID Case No. ARB/07/20);
- Successfully represented as the lead counsel two Turkish-State controlled companies, Rumeli Telekom and Telsim Mobil, against the Republic of Kazakhstan in an ICSID arbitration initiated under a bilateral investment treaty in relation to the expropriation of their investments in the telecommunication industry that led to a favorable Award for 175 million USD, including interest, against Kazakhstan on July 29, 2008 and successfully representing the same companies in the annulment proceedings that were ultimately dismissed by decision dated March 25, 2010 (ICSID Case No. ARB/05/16);
- Successfully represented as the lead counsel the Republic of the Sudan in an ICSID arbitration initiated by US/Lebanese investor Michael Dagher in relation to alleged unfair treatment of an investment in the telecom sector securing a favorable interim decision on jurisdiction refusing to give international effect to a nationality under one of the BITs, which led to the withdrawal of the case (ICSID Case No. ARB/14/2);
- Successfully represented as the lead counsel an American investor Charles Lemire against Ukraine in an ICSID arbitration in relation to unfair and discriminatory treatment of an investment in the radio industry (ICSID Case No. ARB/06/18);
- Successfully represented as the lead counsel a leading French telecommunication company in an ICC arbitration seated in Paris under English law against an Emirati company in relation to a contract for the supply of a State fiber optic network (ICC Case No. 25591/AYZ);
- Currently representing as the lead counsel leading European multinational Telecom Supplier in an ICC arbitration against an Italian company and a Romanian company in relation to alleged breaches of supply agreements (ICC Case No. 27977/HBH);
- Currently representing as the lead counsel a French telecommunication company in an ICC arbitration in Geneva against a Middle Eastern company in relation to the construction of a cellular network in that Middle Eastern State (ICC Case No. 17167/ND/MCP);
- Successfully represented as the lead counsel French sports federation in an ICC arbitration in Paris against a foreign company in relation to the broadcasting rights of a major sport event (ICC Case No. 13373/EC);
- Co-Arbitrator in an ad hoc arbitration under Article 17 of the OIC Agreement between Jordanian and Emirati entities and the Republic of Iraq in relation to a telecom dispute [Hamid Gharavi];
- Co-Arbitrator in an ICC arbitration between a Lebanese company as claimant and a French and Lebanese companies as respondents in relation to a consultancy agreement in the telecommunications industry (ICC Case No. 23566/DDA) [Hamid Gharavi];
- Co-Arbitrator in an ICC arbitration between a Togolese company as claimant and a French and Mauritian company as respondents in relation to the acquisition of a large telecom company in Senegal (ICC Case No. 23201/DDA) [Hamid Gharavi]; and
- Co-Arbitrator in an UNCITRAL arbitration in Geneva between French and Turkish companies in relation to a contract for the procurement of a computer software [Hamid Gharavi].