Dr Hamid Gharavi is a founding partner of Derains & Gharavi.
Dr Hamid Gharavi has acted as arbitrator or counsel in over 150 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); an award in favour of a Turkish state-controlled investment vehicle for expropriation of its 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); 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); 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 & 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 & 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/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 University School of Law and University of Paris I Panthéon-Sorbonne.
WWL says: Hamid Gharavi is "a rainmaker doing a lot of arbitration everywhere". He acts as both counsel and arbitrator on a range of complex disputes.
This biography is an extract from Who's Who Legal: Arbitration which can be purchased from our Shop.