Anima Dispute Resolution

Pre-litigation and amicable dispute resolution

From the outset of a dispute, it is important to adopt a strategy adapted to your business objectives. We can help you implement the strategy best suited to your needs and objectives.

We know that an economic operator will often prefer a settlement to the pursuit of legal proceedings.

However, creating the conditions for an amicable settlement is not always easy, since it requires the existence of a "window" in which such a settlement can be envisaged more serenely than at the peak of the dispute.

We can help you create or exploit these windows of opportunity, and advise you on the most appropriate legal levers to promote a settlement, whether through mediation or bilateral negotiation.

Some examples

Represention ofa major player in the air transport sector in an ad hoc mediation against an airline concerning an aircraft operation and maintenance contract.

Representation of a major player in the maritime transport sector in an ICC mediation against a subcontractor concerning a subcontract governed by French law.

Representation of an American pharmaceutical laboratory in negotiations relating to a dispute arising from a service contract governed by Swiss law for the manufacture of specific molecules, involving principles of contract interpretation and rules for the enforcement of penalty clauses under Swiss law.

Representation of a French laboratory against an English laboratory in the renegotiation of a licensing agreement governed by Swiss law.

International Arbitration

International arbitration is a procedure that takes place before arbitrators charged with resolving a legal dispute between economic operators.

Our multicultural team has built up a solid track record serving our clients in arbitrations governed by the rules of the world's major arbitration institutions (ICC, LCIA, ICSID, HKIAC, SIAC, CEPANI, CCJA and Delos Dispute Resolution) and subject to a wide range of laws applicable on the merits (including in particular English and French law and laws inspired by these two traditions).

When required by the specificities of the case, we work with local lawyers able to provide strategic insight into local law.

Litigation in Africa

African economies are experiencing rapid growth and are at the heart of the energy transition.

With more than ten years' experience of disputes relating to the African continent, the solutions we propose take account of its specificities, optimizing its assets and minimizing its constraints, to help you achieve your objectives.

Some examples

Representation of a Central African mining company in an ICC emergency arbitration, then an ICC arbitration in Paris against a Central Asian mining company arising from a joint venture agreement concerning a mining license governed by the law of the host country (French language).

Representation of a Central African mining company in two emergency arbitrations, then two ICC arbitrations in Geneva and Paris against a Chinese mining company arising from a mining license farm-out agreement governed by the law of the host country (English language).

Representation of a Central African mining company in an emergency arbitration, then an ICC arbitration in Paris against a Canadian mining company arising from a joint venture project governed by English law (French language).

Representation of a Mauritian company in an ICC emergency arbitration, then an ICC arbitration in Paris against an African state-owned company concerning the supply of minerals governed by Belgian law (French language).

Representation of an African mining company in an ICC arbitration in Paris against a Central Asian mining company concerning a memorandum of understanding governed by the law of the host state (French language).

Representation of an African mining company in an ICC arbitration in Paris against a Central African mining company arising from a mining lease agreement governed by the law of the host state (English language).

Representation ofa West African mining company in a dispute concerning a financing agreement relating to basic petroleum products.

Representation of a West African mining company in a dispute concerning an asset transfer agreement relating to mining products governed by the laws of the host state.

Representation of a European reinsurance group in an ICC arbitration in Paris against a West African reinsurance company arising from an investment protocol governed by French law.

Representation of an American fund in an ICC arbitration in Paris against a West African company relating to an investment agreement governed by French law (French language)

Representation of a West African state-owned electricity company in an ICC arbitration agreement against an investor relating to the construction of a power plant and a power purchase agreement governed by the law of the host state (French language).

Representation of a Togolese provider of financial and commercial solutions in an ICC arbitration in Paris against Mauritian and French telecommunications companies relating to a confidentiality agreement governed by French law (French language).

Representation of a Togolese provider of financial and commercial solutions in an ICC arbitration in Paris against an English telecommunications company relating to the acquisition of a Senegalese telecommunications company incorporated under English law (English language).

Representation of a Swedish oil operator in an ICSID arbitration against a North African State, relating to investments in the oil sector (French language).

Representation of a South African oil company in an LCIA arbitration in London against a Marshall Islands company, relating to a share transfer agreement governed by English law (English language).

Representation of several companies established in the United Arab Emirates and the United States in a CCJA arbitration in Libreville, Gabon against a Gabonese bank arising from a credit agreement governed by Gabonese law (French language).

Representation of a company established in the United Arab Emirates in an ICC arbitration in Paris against another company established in the United Arab Emirates arising from a shareholders' agreement concerning a Gabonese waste-management company (English language).

Representation of a shareholder in a CCJA arbitration in Paris arising out of a shareholders' agreement relating to the operation of a media company governed by Luxembourg law (French language).

Representation of a West African mining company in a dispute concerning a financing agreement relating to basic petroleum products.

Representation of a West African mining company in a dispute concerning an asset transfer agreement relating to mining products governed by the laws of the host state.

Representation of an African oil company against an oil and gas conglomerate in a dispute governed by the law of the host state arising from a service contract for the rehabilitation of an oil field.

Representation of an Isle of Man oil company in a dispute against the operator of oil blocks arising from three joint operating agreements governed by the laws of an African country.

Defense of an ICC award between a construction company and a West African state in an action for annulment before the Paris Court of Appeal.

Representation of a Canadian insurance group before the Senegalese courts for the enforcement of an award.

Representation of a major transport operator in the enforcement of an ICC award against a North African state.

Mining disputes

At the heart of the energy transition, the mining sector is at the crossroads of many private and public interests.

More than ever, it has a strategic dimension for economic operators and generates high-stakes disputes, with long-term repercussions often exceeding in importance the outcome of the procedures initiated to resolve them.

Having worked on some of the most significant mining disputes in the sector, we are not content with a purely procedural vision of your disputes.

‍We integrate the political and industrial stakes of the projects concerned into our strategic support, in the service of your long-term objectives.

Some examples

Representation of a Central African mining company in an ICC emergency arbitration in Paris against a Central Asian mining company arising from a joint venture agreement concerning a mining license governed by the law of the host country (French language).

Representation of a Central African mining company in an ICC emergency arbitration in Geneva against a Chinese mining company arising from a mining license farm-out agreement governed by the law of the host country (English language).

Representation of a Central African mining company in an ICC emergency arbitration in Paris against a Central African mining company resulting from a mining license farm-out agreement governed by the law of the host country (English language).

Representation of a Central African mining company in an ICC emergency arbitration in Paris against a Canadian mining company resulting from a proposed earn-in and joint venture agreement governed by English law (French language).

Representation of a Mauritian company in an ICC emergency arbitration in Paris against an African state-owned company concerning the supply of minerals governed by Belgian law (French language).

ICC emergency arbitration in Paris between a world leader in industrial gas and a German company in the same sector concerning an acquisition contract governed by English law (English language).

Representation of an African mining company in an ICC arbitration in Paris against a Eurasian mining company concerning a memorandum of understanding governed by the law of the host state (French language).

Representation of an African mining company in an ICC arbitration in Geneva against a Eurasian mining company relating to a joint venture agreement governed by the law of the host State (French language).

Representation of an African mining company in an ICC arbitration in Geneva against a Chinese mining company relating to a mining license farm-out agreement governed by the law of the host State (English language).

Representation of an African mining company in an ICC arbitration in Paris against a Central African mining company relating to a mining lease agreement governed by the law of the host state (English language).

Representation of a Central African mining company in an ICC arbitration in Paris against a Canadian mining company arising from an earn-in and joint venture agreement governed by English law (French language).

Representation of a Mauritian company in an ICC arbitration in Paris against an African state-owned company relating to the supply of minerals subject to Belgian law (French language).

Representation of a West African mining company in a dispute concerning a financing agreement relating to basic petroleum products.

Representation of a West African mining company in a dispute concerning an asset transfer agreement relating to mining products governed by the laws of the host state.

Disputes in the pharmaceutical sector

Whether their development strategy is based on external growth or internal innovation, biotech and pharmaceutical companies are often keen to ensure that disputes are resolved privately and confidentially.

Arbitration not only offers this feature, but also meets the need for disputes to be resolved by lawyers with in-depth knowledge of the sector.

We have assisted a large number of players in the amicable or contentious resolution of disputes arising from the performance or renegotiation of licensing and acquisition agreements in the pharmaceutical sector, always with our clients' medium- and long-term objectives at heart.

Some examples

Representation of an American pharmaceutical company in a dispute arising from a service contract governed by Swiss law for the manufacture of specific molecules involving the principles of contract interpretation and the rules for enforcing penalty clauses under Swiss law.

Representation of a French biotech company in a dispute arising from a licensing agreement governed by Swiss law involving the possibility of obtaining specific performance of a contract and/or damages.

Representation of a Korean company in a dispute arising out of a licensing and development agreement governed by Swiss law involving the principles of contract interpretation to determine whether an exclusivity clause and an obligation of confidentiality could survive termination of the agreement.

Representation of a German distributor in a dispute arising out of a distribution agreement governed by Swiss law.

Representation of a Swiss consulting firm in an ICC arbitration in London against a Japanese pharmaceutical company, following the termination of a purchasing optimization agreement governed by Japanese law (English language).

Compliance and ESG disputes

Compliance and ESG have transformed the legal framework applicable to companies, their activities and their supply chains, notably due to the obligation for certain companies to put in place advanced anti-corruption policies, and new tools such as risk-mapping, ethical charters, codes of conduct and due diligence plans.

Although this new framework generates numerous opportunities, it has also started to give rise to a number of disputes, particularly concerning the termination of contracts with partners who fail to comply with the standards in force, as well as with company charters and codes.

As these disputes are often resolved by arbitration, we are able to defend your interests and rights in these proceedings. We do not deal with the criminal aspects of these disputes, but work closely with partner firms specialized in this field, to provide you with a coordinated defense that takes into account the multiple aspects of the disputes arising from the new legal framework to which economic operators must adapt.

Some examples

Representation of a service provider in a CIArb arbitration in Geneva against a shipbuilding company relating to the settlement of commissions under a service contract governed by Dutch law (English language).

Representation of a Brazilian energy group in two emergency arbitrations, then two ICC arbitrations in Paris and Geneva against a European nuclear player arising from a service contract and a memorandum of understanding governed by Swiss law and relating to the construction of a nuclear power plant (English language).

Sole arbitrator in an UNCITRAL arbitration in Paris relating to a consultancy contract governed by Swiss law, concerning unpaid commissions and raising compliance issues (English language).

Representation of a service provider before the anti-corruption and fraud authorities of a European country for the lifting of seizures on financial assets arising from an arbitration award rendered in our client's favor.

Disputes in the energy sector and relating to the energy transition

Energy development and transition are at the heart of the world's future.

The difficult balance between the adoption of decarbonized energy and the opportunities presented by fossil fuels for certain developing countries make it all the more strategic to be able to grasp intelligently graspthe complex issues posed by disputes relating to energy projects, whether these involve disputes relating to the financing, operational implementation, execution or decommissioning of energy projects.

Our team has been involved in a large number of arbitrations relating to such issues, including financing agreements, shareholders' agreements, shareholding transfer agreements, power and gas purchase agreements, and construction contracts for oil, gas and renewable energy projects.

Some examples

Representation of a state-owned East African power generation company in the renegotiation of 15 power generation and purchase agreements (English language).

Representation of a Brazilian group in two ICC arbitrations in Paris and Erlangen against a major nuclear player arising from a service contract and a memorandum of understanding, relating to the construction of a nuclear power plant subject to Swiss law (English language).

Representation of a Brazilian group in an ICC arbitration in Paris against the German arm of a French export credit agency relating to a bank guarantee governed by French law in connection with a nuclear power plant construction project (English language).

Representation of a West African state-owned electricity company in an ICC arbitration in Paris against an investor relating to the construction of a power plant and a power purchase agreement governed by the law of the host state (French language).

Representation of a leading battery producer in North-East Asia against an American conglomerate in an ICC arbitration in Hong Kong relating to a technology licensing agreement governed by the laws of the State of New York (English language).

Representation of a Swedish oil operator in an ICSID arbitration against a North African State, relating to investments in the oil sector (French language).

Representation of a South African oil company in a LCIA arbitration in London against a Marshall Islands company, relating to a share transfer contract governed by English law (English language).

Disputes in the transport sector

The transport sector requires constant adaptability and creative solutions, either to maintain the long-term viability of disputed projects, or to minimize the impact of a dispute on operators' objectives.

Our team has defended the interests of key players in the sector in numerous mediation and arbitration proceedings, which have either led to the restructuring of strategic partnerships, or to their termination on terms favorable to our clients.

Some examples

Representation of a major player in the air transport sector in an ad hoc mediation against an airline in connection with an aircraft operation and maintenance contract.

Representation of a major player in the air transport sector in an ICC arbitration against an airline in connection with an aircraft operation and maintenance contract.

Representation of a major player in the maritime transport sector in an ICC mediation against a subcontractor in connection with a subcontract subject to French law.

Representation of a major player in the air transport sector.

Construction and infrastructure disputes

Our experience covers major infrastructure projects concerning transport (airports, ports, roads, railways and shipping lanes), oil & gas, petrochemicals, processing plants, electricity, renewable energies, mining and metals, and the types of disputes we cover include issues of poor workmanship, delay, owner's and contractor's liability and subcontracting.

Some examples

Representation of a major player in the maritime transport sector in an ICC mediation against a subcontractor concerning a subcontract governed by French law.

Representation of a French depollution company in an ICC arbitration in Paris against a French contractor concerning a depollution contract governed by French law (English language).

Representation of an Austrian energy company against an operator in the nuclear sector in an ICC arbitration arising from a nuclear reactor construction project.

Annulment and enforcement of arbitral awards

Like all legal decisions, an award is only valid if it is both valid according to the law governing it and enforceable in the event that your opponent fails to execute it spontaneously.

With the help of our local partners where necessary, we defend your interests before the courts responsible for verifying the validity and ensuring the enforcement of awards.

Some examples

Defense of an ICC award rendered between a construction company and a West African state in the context of an action for annulment before the Paris Court of Appeal.

Representation of a Canadian insurance group before the Senegalese courts for the enforcement of an award.

Representation of a service provider before the anti-corruption and fraud authorities of a European country for the lifting of seizures on financial assets arising from an arbitral award rendered in favor of our client.

Representation of a major transport operator in the enforcement of an ICC award against a North African state.

Representation of three defendants in legal proceedings before the French juge d'appui arising from the plaintiffs' application to review a decision of the ICC Court to exclude 9 defendants from an ICC arbitration.

Defense of a US$200 million ICC award between Brazilian companies in two annulment proceedings before the Paris Court of Appeal.

Representation of Alphamix before the Judicial Committee of the Privy Council in appeal proceedings against a judgment of the Supreme Court of Mauritius annulling a EUR 16 million award in favor of Alphamix against an instrumentality of the Mauritian State.

We know that Arbitration is just a means of achieving your goals.

Pre-litigation and amicable dispute resolution

Some examples

International Arbitration

Litigation in Africa

Some examples

Mining disputes

Some examples

Disputes in the pharmaceutical sector

Some examples

Compliance and ESG disputes

Some examples

Disputes in the energy sector and relating to the energy transition

Some examples

Disputes in the transport sector

Some examples

Construction and infrastructure disputes

Some examples

Annulment and enforcement of arbitral awards

Some examples

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CASE STUDIES

Co-counsel / setting aside proceedings / Privy Council

Co-Counsel / ICC arbitration /pharma licensing agreement

ICSID arbitration / oil investor / FPSO

Co-counsel / setting aside proceedings / Privy Council

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