"He is highly experienced in international commercial and investment arbitration"
"Hamid has a very original way of thinking and is an inspiration to work with"
"One of the very best people in the field"
Dr. Hamid Gharavi is a founding partner of Derains & Gharavi.
Dr. Gharavi has acted as arbitrator or counsel in over 250 institutional and/or ad hoc arbitrations, including over 40 investment arbitrations under foreign investment laws and/or bilateral and multilateral investment treaties, arising from a broad spectrum of issues ranging from sanctions to political takings, in as diverse industries as oil and gas, mining, M&A, military ordnance and defense, telecommunications, media, aviation, agency agreements, distribution, sales, construction (including all types of design contracts and engineering projects), poultry, duty free, hospitality, real estate, wood and derived products, pharmaceutical, as well as sport related disputes involving commercial aspects, disciplinary sanctions and doping.
Dr. Gharavi has secured as counsel landmark victories both for investors and Sovereign States, including the first ever award of moral damages in favor of an investor under a BIT (DLP v. Yemen, ICSID Case No. ARB/05/17); an award in favor 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 favor 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 A.Ş. 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 favor 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 in favor of Iranian investors against the Republic of Korea for USD 68 million, holding that a governmental organ abused its sovereign capacity in intervening in the closing of the acquisition of a state asset, and this moreover on pretextual grounds, whereas the underlying reasons were due to a shift in the Republic of Korea’s policy towards Iran (Mohammad Reza Dayyani, et al. v. The Republic of Korea, PCA Case No. 2015-38); an award on jurisdiction in favor of the Republic of Turkey dismissing the largest ICSID claim ever (USD 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 S.A. 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 S.r.l. & Eagle Games Sh.a. 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 (Mamidoil Jetoil Greek Petroleum Products Société Anonyme S.A. v. Republic of Albania, ICSID Case No. ARB/11/24).
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 on the Panel of ICSID Arbitrators, as member of the Court of the Istanbul Arbitration Centre (ISTAC since 2015), as member of the Court of the LCIA (from 2008-2012), as member of the Commission on Arbitration of the ICC (2005-2010), as the President of the Board of the Tehran Regional Arbitration Centre (TRAC) as well as on several other panels, including DIAC, SIAC, and the Court of Arbitration for Sport.
Dr. Gharavi teaches investment arbitration in the Master program “Droit International Economique” at the University of Paris II Panthéon-Assas. He is the author of a book titled “The International Effectiveness of the Annulment of an Arbitral Award,” published by Kluwer Law International, as well as publications in the main arbitration law reviews, and is a regular speaker at conferences.
Dr. Gharavi holds a PhD from the University of Paris II, and post-graduate degrees from the New York University School of Law and University of Paris I Panthéon-Sorbonne.