Expertise
Dispute Resolution
The Firm's Dispute Resolution practice is renowned, with lawyers having vast experience in general litigation matters, as well as in specialised areas such as international arbitration, banking, commercial law, construction and engineering, property and real estate, employment, insolvency/restructuring, insurance, mediation, shipping and tax. The Firm is proud of the fact that we have several senior practitioners with more than 20 years of experience who regularly appear before the higher courts locally and abroad. Our lawyers have also been involved in a number of landmark cases that have been reported in legal journals.
Our clients are individuals and entities as well as state controlled enterprises. Cases we handle have frequently arisen in connection with large construction, infrastructure or development projects undertaken by multinational companies or consortia or involve other international commercial transactions mainly in connection with telecommunications activities, international distribution, banking and financial markets, shareholder’s disputes, as well as foreign investors/states disputes under various investment treaties.
Our core team of arbitration lawyers has acted as counsel or arbitrators in a wide range of domestic and international cases in sectors and industries ranging from power, construction, engineering and infrastructure to energy, oil and gas, mining and resources, commercial agencies, banking, investment and international trade.
The Dispute Resolution team combines the knowledge of practitioners who are experts in their various niche fields and who have conducted arbitrations under various laws and jurisdictions across Europe, The Middle East and North Africa and arbitration rules (ICC, ICSID, BCCI, CRCICA, DIAC, GCCCAC, LCIA, QICCA and UNCITRAL). We have worked with clients from all around the world and are committed to understanding not only their business and their specific needs, but also their cultural background. Cases dealt with by our lawyers either as counsel, arbitrators or experts involved the application of the laws of several jurisdictions such as France, Belgium, Switzerland, Luxembourg, Egypt, UAE, Qatar, Iraq, Jordan, Bahrain, Oman, Saudi Arabia, Kuwait, Algeria, Tunisia, Libya, Lebanon and Syria.
Examples of our lawyers’ experience include:
The Dispute Resolution team combines the knowledge of practitioners who are experts in their various niche fields and who have conducted arbitrations under various laws and jurisdictions across Europe, The Middle East and North Africa and arbitration rules (ICC, ICSID, BCCI, CRCICA, DIAC, GCCCAC, LCIA, QICCA and UNCITRAL). We have worked with clients from all around the world and are committed to understanding not only their business and their specific needs, but also their cultural background. Cases dealt with by our lawyers either as counsel, arbitrators or experts involved the application of the laws of several jurisdictions such as France, Belgium, Switzerland, Luxembourg, Egypt, UAE, Qatar, Iraq, Jordan, Bahrain, Oman, Saudi Arabia, Kuwait, Algeria, Tunisia, Libya, Lebanon and Syria.
Examples of our lawyers’ experience include:
- Acting as Counsel in CRCICA arbitration between a Lebanese contracting company and an Egyptian Owner in connection with the construction of a tourist village and hotel in Dahab, Egypt (Cairo, Egyptian law).
- Acting as Counsel in CRCICA arbitration between a Lebanese contracting company and an Egyptian Owner in connection with the construction of a hotel in Dahab, Egypt (Cairo, Egyptian law).
- Acting as Counsel in ICC arbitration between a Lebanese Mobile Telephone Operator and a Danish Data Clearing Services company in connection with an alleged breach of a Data Clearing Contract (Geneva, Swiss law).
- Acting as Counsel in ICC arbitration between a Lebanese subcontractor and an American main contractor in connection with a major infrastructure project in Beirut involving issues of Group of Companies, incorporation by reference and extension of the Arbitration clause to non-signatories (Paris, French and Lebanese laws).
- Acting as Counsel in an ad hoc arbitration under the Lebanese Rules of Civil Procedure on arbitration between a Lebanese chemical products distribution company and its commercial agent in Saudi Arabia in connection with the breach of the Agency Agreement (Beirut, Lebanese law).
- Acting as Counsel in BCCI arbitration between a Mobile Telephone Network Manager and a Telecom Products Distributor in connection with a dispute concerning breach of a Distribution Agreement (Beirut, Lebanese law).
- Acting as Counsel in BCCI arbitration between Lebanese and British parties in connection with a Real Estate Purchase Agreement (Beirut, Lebanese law).
- Acting as Counsel in ICC arbitration between an Arab party and a French defence company in connection with a wrongful termination of an agency agreement (Paris, French law).
- Acting as Member of Tribunal in an ad hoc arbitration under the Lebanese CPR of arbitration, between a Design and Architecture Company and a franchisee of an international chain of hotels in connection with a dispute related to the building of a five stars hotel in Beirut Central District which involved issues of intellectual property and architect’s rights over the design (Beirut, Lebanese law).
- Acting as Counsel in an ad hoc arbitration under the Lebanese of Civil Procedure on arbitration between the heirs of a deceased author and a publishing house in connection with an Intellectual Property dispute (Beirut, Lebanese law).
- Acting as Counsel to a German investor in a potential ICSID arbitration against the Government of Lebanon under the Lebanese German BIT [settled during the “cooling-off” negotiations].
- Acting as part of the team representing the foreign investor in ICSID arbitration against the Republic of Lebanon.
- Acting as Member of Tribunal in an ad hoc arbitration under the Lebanese CPR of arbitration, between a Contracting Company and its Subcontractor in connection with a dispute related to the building of high profile luxury housing project in Beirut Central District (Beirut, Lebanese law).
- Acting as Counsel in ICC arbitration between a Lebanese-Qatari JV contracting company in a FIDIC dispute under Qatari law with a major local developer (Doha/Paris, Qatari law).
- Acting as Sole Arbitrator in BCCI arbitration between a private bank and an investor related to a fiduciary investments contract (Beirut, Lebanese law).
- Acting as Counsel in an ad hoc arbitration between a Lebanese contractor and a Qatari employer in connection of a construction dispute in Qatar (Doha, UNCITRAL/Qatari law).
- Acting as Counsel in BCCI arbitration concerning a shareholders’ dispute in an industrial JV company involving the ownership of a European registered industrial patent (Beirut, Lebanese law).
- Acting as Member of Tribunal in ICC arbitration between a Lebanese Contracting Company and a UAE Major Bank (Beirut, Lebanese law).
- Acting as Expert Witness (party appointed) in ICC Case arbitration between German and Saudi parties (Frankfurt, German law, involving issues of Arab contract laws).
- Acting as Sole Arbitrator in ICC arbitration between Saudi and Kuwaiti parties concerning a breach of a Joint-Venture agreement in the hospitality industry (Geneva, Luxembourg law).
- Acting as Counsel in an ad hoc arbitration (UNCITRAL) between a French defence and aeronautics group and a UAE based company in connection with the wrongful termination of an agency agreement in an Arab Gulf country (Paris, Lebanese law).
- Acting as Expert Witness (tribunal appointed) in ICC arbitration between a German company and a Libyan sovereign fund (Paris, Libyan law).
- Acting as Counsel in an ad hoc arbitration (UNCITRAL) between a French defence and aeronautics group and an African party in connection with the wrongful termination of an agency agreement in an African country (Beirut, Lebanese law)
- Acting as Counsel for a Spanish investor in a potential ICSID arbitration against the Government of Lebanon under the Lebanese Lebanese-Spanish BIT in relation with a tender for the construction of a Power Station in North Lebanon.
- Acting as Sole Arbitrator in ICC arbitration between Saudi and French parties in connection with an intellectual property dispute (Dubai, Swiss law).
- Acting as Counsel in a BCCI arbitration between a Lebanese engineering and contracting company and a property development company (Beirut, Lebanese law).
- Acting as Advisers to a Lebanese investor on ICSID arbitration issues related to a potential claim under the Lebanese Cypriot BIT.
- Acting as Counsel in a BCCI arbitration between a design and Architecture Company and a Lebanese employer (Beirut, Lebanese law).
- Acting as Counsel in a BCCI arbitration between Lebanese and Kuwaiti parties concerning the breach of a franchise contract in Kuwait (Beirut, Lebanese law).
- Acting as Chairman of Tribunal in BCCI arbitration between Lebanese contractor and a Kuwaiti employer in connection with a FIDIC dispute (Beirut, Lebanese law)
- Acting as President of Tribunal (ICC appointed), ICC arbitration proceedings in a multi-million USD construction dispute between RAK and Dubai parties in the UAE (Dubai, UAE law).
- Acting as Counsel, ICC arbitration proceedings related to a JV dispute in Qatar (Beirut, Qatari/Lebanese law)
- Acting as Counsel, BCCI arbitration proceedings, a FIDIC dispute between a Lebanese contractor and a real estate developer (Beirut, Lebanese law)
- Acting as Counsel, DIAC arbitration proceedings between a Lebanese franchisor in the hospitality industry and a UAE franchisee (Dubai, UAE law)
- Acting as Counsel in QICCA arbitration proceedings between a Lebanese contractor and a Qatari employer in connection of a construction dispute in Qatar involving matters of lis pendens and anti‐suits injunctions in an international context (Doha/Qatari law).
- Acting as President of Tribunal (ICC appointed), ICC arbitration proceedings in a construction dispute exceeding 30 million USD between Bahraini and Korean Party and Dubai parties in the UAE (Dubai, UAE law).
- Acting as President of Tribunal (ICC appointed), ICC complex arbitration proceedings in a multi-million USD banking dispute involving multi-party and non-signatories issues (Dubai, UAE law).
- Acting as Member of Tribunal in ad hoc arbitration proceedings in a multi-million USD dispute in the healthcare and medical sectors in Lebanon.
One of the firm's traditional activities has also been our commercial and civil litigation practice which continues to be one of the important areas of service we offer our clients. We regularly advise clients on dispute resolution strategies domestically and abroad. Our litigation practice encompasses a large number of practice areas, including core areas such as corporate and commercial, banking and insurance, as well as shareholder's actions, partnerships and joint ventures, takeovers and mergers, construction, insurance, employment, intellectual property and many others. We offer a full range of services before the courts of all levels, and in other areas such as administrative proceedings, pre-trial attachment, and other interlocutory proceedings, enforcement and insolvency proceedings.
Our resources allow us to efficiently and effectively handle the full spectrum of disputes, from large and complex matters and high profile litigation to routine matters. We regularly represent and assist our clients in multinational disputes pending before domestic courts or in foreign jurisdictions, where we work, when needed, in close cooperation with local litigators to ensure best local practice.
Examples of our lawyers’ experience include:
Our resources allow us to efficiently and effectively handle the full spectrum of disputes, from large and complex matters and high profile litigation to routine matters. We regularly represent and assist our clients in multinational disputes pending before domestic courts or in foreign jurisdictions, where we work, when needed, in close cooperation with local litigators to ensure best local practice.
Examples of our lawyers’ experience include:
- S Sarl v M Sae [2004] Court of Appeal (Cairo - Egypt) Civ. Cases Nos. 444 and 445: successful defence against challenge of an arbitrator (appeared pro hac vice with local counsel).
- S Sarl & Ors v M Sae [2005] 1st Inst. Gizah (Egypt) Case No. 1574: Contractors' laws and regulations - validity of construction contract subject to international arbitration (appeared pro hac vice with local counsel).
- E v N &Ors [2006] Court of Appeal, Beirut (Civ) Case No. 2368: Challenge of enforcement of French judgement in Lebanon involving several issues of Private International Law.
- M (Qatar) v Q [2008], Judge of Urgent Matters, Doha (Qatar), Case No.1692/2008: First demand performance bond - fraudulent call - injunction against payment of the guarantee pending ICC arbitration (appeared pro hac vice with local counsel).
- A v S [1999], Commercial Court (Beirut), Case No. 325: Minority shareholder's rights - abuse of majority - annulment of unjustified capital increase.
- AM v WIS & Ors [2000], Investigative Judge (Beirut) Case No. 132: Fraud - International financial brokerage services.
- AM v LFG & Anor [2000], Commodities and Futures Trading Commission (IL, USA), CFTC Case No. 00-RO99: Violation of US Commodities Exchange Act - mishandling of account - Futures Merchant's liability.
- CE v Min. of Finance [2001] Tax Appeals Commission (Beirut) Case No. 31: Estate valuation - will – prohibition of sale – should be treated as a trust (wakf) - tax reduction.
- Association for the Defense of Rights and Liberties v Min. of Interior [2003] Council of State Case No. 135/03/04: Violation by Minister of Interior of Association law - freedom of associations - creation associations by a simple notification - annulment of Minister's decision (Reported [2004] 2 Al Adl 191).
- SS v M and Ors [2002] First Instance Judge (Metn - Lebanon), référés Case No. 1039: Disputes between partners - challenge of company's manager – appointment of receiver.
- SME Sarl v MTD Sae [2004] Court of Appeal (Cairo, Egypt) Civ. Cases Nos. 444 and 445: Challenge of arbitrators.
- M v B (Bank) & Anor [2004] Court of Appeal, Beirut (Civ. Case No. 376): Restitution - bank's liability - wrongful execution of transfer.
- MIR v I and E Re [2004] Court of Appeal, Beirut (Civ. Case No. 846): Reinsurance treaty - duration - expiry - non-renewal - liability - broker's fees.
- AG v Standard Chartered Bank [2005] Cassation (Civ. Case No. 1309): Annulment of First Instance Judgment rendered in a dispute between a bank and one of its former managers.
- SME Sarl & Ors v MTD Sae [2005] Court of First Instance, Gizah (Egypt) Case No. 1574: Contractors' laws and regulations - validity of construction contract.
- S v K & Ors [2005] Court of Appeal, Beirut (Civ. Case No. 50/92): Real estate preemption rights dispute involving a multi- million US Dollars property in Beirut Central District.
- N v B Bank [2005] Court of Appeal, Beirut (Civ. Case No. 1847): mishandling of several accounts in different foreign currencies – legal effect of certified cheques - bank's liability.
- SME Sarl v BNPI [2006] Court of First Instance, Beirut (référés) Case No. 320: First demand performance bond - fraudulent call - pending ICC arbitration – injunction against payment of the guarantee.
- MTC v OGERO & Min. of Telecom [2006] Lebanese Council of State: Temporary use of Government owned telephone interconnection by mobile operators - leasing - legal relationship - restitution.
- ECI SA v NOSAP Sarl and Ors [2006] Court of Appeal, Beirut (Civ. Case No. 2368): Challenge of enforcement of French judgment in Lebanon involving several issues of Private International Law.
- MEC wll (Qatar) v QIB [2008] Court of First Instance, Doha (Qatar) Case No.1692/2008: First demand performance bond - fraudulent call - injunction against payment of the guarantee.
- GE K v Julius Baer (Middle East) Limited [2009], DIFC Court of First Instance, Dubai (CFI Case No. 014/2009): Possibility of a claim for unfair dismissal although there was no statutory right to compensation for unfair dismissal in the DIFC based upon the overarching common law doctrine of the law of employment that an employer has acted in breach of the implied term of mutual trust and confidence.
- MEC wll (Qatar) v United Development Company PSC (The Pearl) [2009] Qatar Court of Appeal, Case No. 943/2009: Construction law, liability for defects. Outcome: Judgement in favour of client. Confirmed by the Court of Cassation.
- MEC wll (Qatar) v United Development Company PSC (The Pearl), Qatar Court of First Instance, Case No. 26/2012: Defence against application to set aside an ICC multimillion US dollars arbitration award. Application dismissed. Upheld by the Court of Cassation (2014)
- UDC v MEC wll et al. [2010] Qatar Court of First Instance, Case No. 1189/2010 (Defence against a claim of 130M QR. Outcome: judgement in favour of client (claim dismissed). Confirmed before the Court of Cassation.
- ARJ v MN et al. [2010] Qatar Court of First Instance, Case No. 1118/2010, (defence against a defamation claim of 50K QR). Outcome: claim dismissed, confirmed by the Court of Appeal
- OGT Lebanon SARL v OGT France SARL and Crédit Lyonnais [2011] Paris Commercial Court, Cases Nos. n. 1369/n. 61554: Possibility under French law to appoint an ad hoc administrator to represent a liquidated and deregistered company in a legal action brought against it several years after its deregistration.
- B v K et al [2012], Lebanese Court of Cassation, Case No. 100-2011: Successful challenge of an institutional arbitration award rendered against a non-signatory of the agreement to arbitrate involving issues of extension of the arbitration clause within a group of companies and a group of interrelated contracts.
- ABC v XYZ [2014] DIFC Court of First Instance, Dubai (CFI Case No. 011/2014): Defence against an appeal from the Small Claims Tribunal involving issues of conflict of laws and jurisdiction between DIFC laws/courts and UAE Federal/Mainland Dubai laws/courts, including application of the doctrine of forum non conveniens.
- LAJ v PJ [2015] Court of Appeal, Beirut, successful defence against a challenge against enforcement in Lebanon of NY judgement involving issues of public policy.
- AS v JC [2016] Court of Appeal, Beirut, successful defence against a challenge against enforcement in Lebanon of an international arbitration award rendered in Qatar under the New York Convention.