INTERNATIONAL ARBITRATION

Janice Feigher accepts missions as arbitrator and as counsel, in the field of both commercial and investment arbitration.

The firm has experience and capability in a variety of sectors, including energy (oil & gas, hydro, wind, solar, nuclear), international sale of goods, shareholder disputes, aeronautics, construction, mining & infrastructures, insurance and telecommunications.

We act in cases involving aspects of insolvency, international sanctions and compliance/business ethics.

We have specific experience in cases involving parties or interests from Africa (Middle-East, North Africa, Sub-Saharan Africa) Europe  (France, Italy, Switzerland, Belgium, Spain) and Anglo-Saxon countries (UK, USA, Canada).


Our experience includes:

COMMERCIAL ARBITRATION

  • Representing an African banking group in ICC emergency proceedings and ICC merits proceedings in connection with the payment of the purchase price of mines in a sub-Saharan African country
  • Representing the African subsidiary of a European energy player operating in the renewable energies sector in ICC arbitration proceedings arising out of a project for the development of the electricity sector in a sub-Saharan African country
  • Representing a European construction company in ICC arbitration proceedings arising from post completion disputes on the Panama Canal Third Set of Locks Project
  • Assisting a leading European player in the energy sector in an SCC gas price review arbitration
  • Representing an Italian company operating in the renewable energy sector (hydro) in the context of an ICC arbitration against a European financial institution for the construction of a hydroelectric plant in the Balkans
  • Representing the UK subsidiary of a North-American leader of procurement and engineering services in an ICC arbitration against a Russian EPC contractor in relation to the upgrade of an oil production plant in the Arctic
  • Representing an American company operating in the nuclear sector in the context of an ICC arbitration against a European nuclear group regarding the existence of a lack of conformity in the delivered material
  • Representing an African player operating in the field of high-speed internet connectivity in ICC arbitration proceedings against a European datacenter owner in relation to the termination of a long-term services agreement
  • Representing a North-African real estate group in an ICC arbitration against investors of the Persian Gulf arising out of the termination of a development project in Morocco
  • Representing two Middle Eastern companies in relation to an ICC arbitration subsequent to the non-performance of an agreement due to bribery suspicions
  • Representing a leading Italian group in the rail sector in an ICC arbitration against a Russian EPC contractor and for the construction of a railway line in North Africa
  • Assisting and representing an Italian Buyer-Furnished Equipment manufacturer in ICC arbitration proceedings arising out of the termination by a European airline of a programme for the design, manufacturing and sale of new first class seats
  • Representing an Italian shipping company in ICC arbitration proceedings against a shipping and piggyback transport consortium
  • Representing a European trust in arbitration proceedings under the AFA Rules relating to the ownership of artefacts
  • Representing an Italian company against a Luxembourg company in ICC arbitration proceedings arising out of the breach of a long-term supply contract in the steel industry
  • Representing a French retail group in ICC proceedings arising from the application of a hardship agreement in an advertising contract with an American group
  • Representing the shareholder of a Caribbean company specialised in the construction of structures hosting humanitarian organisations and refugees in ICC arbitration proceedings (shareholder dispute, insolvency proceedings)

INVESTMENT ARBITRATION

  • Consultant on funding issues in investment arbitration cases (assessment of investment opportunity, enforcement issues)
  • Representing a Canadian mining company in an ICSID arbitration against an African state relating to tax issues
  • Counsel to the majority shareholders of a mining company in sub-Saharan Africa in ICC arbitration proceedings against the minority shareholder (state entity) on corporate law issues
  • Advising a Canadian mining company in arbitration and litigation proceedings in relation to the payment of dividends and exchange control issues
  • Advising an Asian developer and operator of port infrastructures in the framework of a dispute arising out of a concession agreement with a port authority and a West African State
  • Advising a North American mining group in relation to a State’s failure to renew a mining concession in South America
  • Advising a European mining company in relation to potential arbitration proceedings against an OHADA Member State regarding the violation of a stabilisation clause

ARBITRATOR/SECRETARY OF THE ARBITRAL TRIBUNAL

  • Sole arbitrator in ICC arbitration proceedings in the energy sector
  • Janice Feigher President of an arbitral tribunal in a proceeding of the Camera Arbitrale di Milano(contractual dispute in the pharmaceutical industry)
  • Secretary of the arbitral tribunal in an ad hoc proceeding under the UNCITRAL rules involving an American group and the national electricity company of a Central American country (dispute concerning the termination of a Build Operate Transfer contract for a power plant)
  • Secretary of the arbitral tribunal in a proceeding under the rules of the International Court of Arbitration for Trade and Industry (CARICI) involving an Algerian company and a Swiss company (dispute relating to the performance of works in a luxury hotel in Algeria)
  • Secretary of the arbitral tribunal in a proceeding under the ICC rules involving a Belgian company and a ministerial agency of a North African country (dispute concerning the application of Incoterms to a shipment of perishable goods by sea freight)