Derains & Gharavi has extensive experience in Africa.
The firm and its partners have acted as counsel and arbitrator in a large number of arbitrations as non-exhaustively listed below (For full list see the CVs of Yves Derains and Hamid Gharavi):
- Successfully represented as lead counsel the Republic of the Sudan in an ICSID arbitration initiated by an alleged US/Lebanese investor (Mr. Michael Dagher v. Republic of Sudan, ICSID Case No. ARB/14/2) that led to a favorable interim decision on jurisdiction on an issue of nationality under one of the two of the BITs relied on and settled on the merits via the withdrawal of the case;
- Successfully as lead counsel represented the Lebanese Lahoud family in an ICSID arbitration against the Democratic Republic of Congo that led to a favorable Award on liability (Antoine Abou Lahoud and Leila Bounafeh-Abou Lahoud v. Democratic Republic of the Congo, ICSID Case No. ARB/10/4);
- Successfully represented as lead counsel a leading international organization in an UNCITRAL arbitration against an African provider of logistics and transportation services (PCA Case No. AA619);
- Successfully represented as lead counsel the Republic of the Sudan in an ICC arbitration in Paris against a Croatian company, in relation to a contract regarding development of water and irrigation projects in Sudan (ICC Case No. 23078/MHM);
- Successfully represented as lead counsel a French telecommunication company and its African subsidiary in an ICC arbitration against an African company and a Middle Eastern company in relation to a contract for the supply and construction of a GSM network in an African country (ICC Case No. 15717/JEM/GZ);
- Successfully represented as lead counsel a Tunisian company against the Gabonese Republic in an UNCITRAL arbitration initiated under the OIC Agreement in relation to the construction of 5,000 residential units in the suburbs of Libreville which led to a favorable award on December 23, 2016 (PCA Case No. 2015-25);
- President of the Tribunal in a LCIA arbitration between two companies of German and Nigerian nationality and a Nigerian company in relation to alleged failures to meet payments under two contracts for the hire and operation of land drilling equipment and the supply of qualified personnel (LCIA Case No. 204841) [Hamid Gharavi];
- President of the Tribunal in an ICC arbitration between a Spanish construction company and the ministry of Works and Transports of an African country in relation to a dispute regarding the performance of the contract entered into by both parties for the rehabilitation of airports (ICC n°16821/JRF/CA) [Yves Derains];
- President of the Tribunal in an ICC arbitration between a Congolese company as claimant and another Congolese company, a Chinese company and a British Virgin Islands company as respondents in relation to alleged breaches of an agreement for the creation of a company in charge of mining exploration and operation (ICC Case No. 21303/MCP/DDA) [Hamid Gharavi];
- President of the Tribunal in an ICC arbitration between a Spanish company and the Ministry of Health of an African country regarding the breach of a contract regarding the design and construction of a number of health facilities (ICC n°28659/CPB) [Yves Derains];
- Co-arbitrator in an ICSID arbitration between African Petroleum Senegal Limited, a Cayman Islands incorporated company, and the Republic of Senegal in relation to a dispute concerning performance of two oil research and production sharing agreements concluded between the investor and the State (ICSID Case No. ARB/18/24) [Hamid Gharavi];
- Co-Arbitrator in an ICSID arbitration between Shell and the Federal Republic of Nigeria in relation to alleged expropriation of oil fields (ICSID Case No. ARB/07/18) [Hamid Gharavi]; and
- Co-Arbitrator in an ICC arbitration between an Ivorian company and a Nigerian company over the operation of a joint venture active in the oil industry in various African countries (ICC Case No. 23221/DDA (c-23222/DDA)) [Hamid Gharavi].
The firm has built a working relationship with independent correspondents in different jurisdictions in Africa on which it calls on an ad-hoc basis to ensure tailored/merits-based inputs in counsel cases depending on the specificities that may arise under the laws of these jurisdictions and whether judicial support is required