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Hamid Gharavi

Hamid Gharavi
Office:
25 rue Balzac
75008
City:
Paris
Country:
France
Tel:
+33 1 40 555 100
Fax:
+33 1 40 555 105

Biography:

Who's Who Legal Arbitration: Lawyers

Dr Hamid Gharavi is a founding partner of Derains & Gharavi.

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

Dr Gharavi has secured as counsel landmark cases both for investors and sovereign states, including the first award ever of moral damages in favour 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 favour 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 AŞ 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 favour of the Republic of Turkey dismissing the largest ICSID claim ever (US$19 billion) 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 SA Contractors and 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 Srl and Eagle Games Sha 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.

Dr Gharavi has had a comparable success in commercial cases as counsel for claimants or respondents, and similarly balanced appointments as counsel or arbitrator by investors and businessmen or commercial companies and sovereign states or public entities thereof as counsel or arbitrator in commercial and investment cases.

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 graduate studies at 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 international conferences.

Dr Gharavi holds a PhD from the University of Paris II, and postgraduate degrees from New York.

WWL says: Hamid Gharavi is an "extensively experienced" practitioner who comes highly recommended by peers for his "hands-on approach".

This biography is an extract from Who's Who Legal: Arbitration which can be purchased from our Shop.

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