Matthieu De Boisséson
|Address||3 Av. Franklin Roosevelt, 1st Floor, 75008 Paris, France|
|Education||University of Law Paris II, Sorbonne University Paris IV, Paris (Ph.D.|
(Agrégation) in literature), Diploma of the Institute of Public Science, Master of International Business Law and Private Law
|Bar Admission||Member of the Paris Bar (1978)|
|Work Experience||Matthieu de Boisséson has acted as counsel in numerous domestic and international arbitrations (around 200) and as arbitrator (more than 90), either as sole arbitrator, as chairman of the arbitral tribunal or as co-arbitrator in ICC, LCIA, PCA, ICSID (two cases, one is pending) or ad hoc arbitration cases, in the fields of acquisitions, construction, telecommunications, oil, mining projects, joint ventures, pharmaceutical industry.|
Below is a selection of cases as counsel over the last past years:
– Counsel for the TML Consortium of construction in a dispute against the Tunnel Operator relating to the overall costs of construction of the Channel Tunnel.
– Counsel for a French construction company in a litigation concerning the extension of the Athens Subway network.
– Counsel in two BIT arbitration cases, one in Central Europe, the other one in Africa.
– Counsel for a major French military contractor (a subsidiary of EADS) in an arbitration proceeding concerning the premature termination of a major military procurement contract (involving artillery weapons) by a foreign government customer. The disputes focused on the timeliness of deliveries by the contractor, the validation of production facilities constructed by the contractor on behalf of the customer, and the quality of the products delivered.
– Counsel for a British Telecommunication firm in a dispute regarding contract with several Telecommunication Operators.
– Counsel for a French leading food-company in a dispute against
several Chinese plants and distribution companies, not having complied with the non-competitive clauses of the contract.
– Counsel in a high profile dispute between two major advertisement companies, in an LCIA arbitration in London.
– Counsel in a NIA case in Amsterdam to a European car -making Group versus a Sweden Group about the sale of an industrial branch.
– Counsel in various cases about M&A matters (restructuring of companies, Reps and warranties, mergers, consequences of a takeover
– Counsel for a French Major Distribution Group in its high-profile
dispute with its Brazilian partner, one of the main operators of retail distribution in Brazil, relative to that partner’s recent efforts to orchestrate a merger the jointly detained Brazilian company and the Brazilian assets of the French client’ main competitor.
– Counsel for a former subsidiary of one of world’s leading oil and gas companies, in connection with an ad hoc arbitration in Stockholm under UNCITRAL rules brought by a private entity and by two Regions of the Russian Federation purporting to be contracting parties to an agreement for oil exploration in Russia. The matter also involves related court litigation in France and in Sweden.
– Co-counsel for a major French Distribution Group in a series of
arbitration proceedings before the Stockholm Chamber of Commerce in a highly-publicized dispute with its Chinese joint venture partner.
– Counsel in various cases for international pharmaceutical companies.
– Counsel in various cases involving States or State-owned companies, especially from the Middle East.Below is a selection of cases as Arbitrator or Mediator over the last
– Arbitrator in several ICC cases in the field of Defence Industry.
– Arbitrator (Chairman or arbitrator) in several cases (ICC, ad hoc) in the field of pharmaceutical products: generics, royalties, cooperation agreements.
– Arbitrator (Chairman) in a major oil dispute involving a State- owned oil group of companies and various private entities (ad hoc).
– Arbitrator in a LCIA case between UK Insurance and reinsurance
companies and insurance companies from Columbia.
– Arbitrator(Chairman) in an ICC case about the construction in the
Middle East region of an industrial unit.
– Arbitrator in a ICC case in a dispute about the consequences of the bankruptcy of a group of airlines companies.
– Arbitrator in an ICC case about distribution and supply of commercial products in Brazil.
– Chairman in an ICC case between a Brazilian Steel company and a
Swiss steel products distributor.
– Chairman in a PCA case about oil exploration and production agreements.
– Arbitrator in an ICSID case between a Middle East State and Turkish investors.
– Mediator in a case about the consequences of a merger between
companies in the pharmaceutical industry.
– Chairman in a ICC case in a dispute between a private aircrafts
producer and one of its clients.
|Past positions||– 2013 to 1st May 2016: Partner, Linklaters Paris|
– 1996 – 2013: Partner, Darrois, Villey Maillot Brochier
– 1986 – 1995: Partner, Gide Loyrette Nouel
|Publications||Has spoken at conferences and seminars dealing with various law topics and has also published the following articles:|
– “Le Droit Français de l’Arbitrage Interne et (selection) International”, (Joly, Paris 1990), and many articles about International Arbitration, A.D.R. and International Business Law. 3rd edition to be published in 2018.
– Co-author “International Litigation » (Butterworth, London, 1991, and 1997).Many articles on International Arbitration such as:
– “Comparative Introduction to the System of Producing Evidences in Common Law Countries of Roman Law Tradition”; in Revue de l’arbitrage, 1990 – No. 4, pp. 892 – 900, year 1990.
– “La constitution du Tribunal arbitral dans l’arbitrage institutionnel”, in Revue de l’arbitrage, No. 2, pp. 337-352, year 1990.
– “Effets d’une convention d’arbitrage à l’intérieur d’un groupe de sociétés”, in Bulletin Joly Sociétés, 1st December 1990 No. 12, p. 999 ;
– Note on the decision of the Paris Court of Appeal (Cour d’Appel de Paris (1re Ch. suppl.)), in Revue de l’arbitrage, No. 4, pp. 880-891, year 1990.
– “Réflexions sur l’espace et le temps dans l’arbitrage international”, in Études offertes à Pierre Bellet, Litec 1991.
– “L’arbitrage et la fraude” (regarding the decision Fougerolle, rendered by the French Cour de cassation on May 25, 1992), in Revue de l’arbitrage, No. 1, pp. 3-12, 1993.
– “The New 1998 ICC Rules of Arbitration, Proceedings of the ICC
Conference Presenting the Rules, Comments”, in International Court of Arbitration, No. 586, Special supplement, Annex: Rules of Arbitration of the International Chamber of Commerce, pp. 76-77, 1st November 1997.
– “The Arbitration Act 1996 and the new ICC Arbitration Rules 1998: A comparative Approach”, in International Arbitration Law Review Vol I., Issue 2, February1998.
– “Recent Developments in Arbitration in Civil Law Countries”, (co-signed with Professor Thomas Clay), in International Arbitration Law Review Vol I, pp. 150-156 (4, 1998), May 1998.
– “Enforcement in Action: Harmonization Versus Unification” in Albert Jan van den Berg (ed), Improving the Efficiency of Arbitration and Awards: 40 Years of Application of the New York Convention”, ICCA Congress Series, 1998, Paris Volume 9, in Kluwer Law International, pp. 593 – 600, 1999.
– “Thoughts on the future of Alternative Dispute Resolution (ADR) in Europe: a critical approach”, in Arbitration International, Volume 15, No. 4, 1st December 1999.
– “L’arbitrabilité subjective en matière de droit des sociétés” (co-signed with Pierre Duprey), in Gazette du Palais. pp. 352-353, 18 and 19 December, 2002 and pp 354 to 355, 20 and 21 December, 2002.
– “Provisional measures prior to arbitration”, International Commercial Arbitration & Energy Disputes – A global Perspective, 29-31 May, 2003, Calgary (unpublished).
– “Anti-Suit Injunctions Issued by National Courts at the Seat of the
Arbitration or Elsewhere”, Gaillard Emmanuel (ed.) / JurisNet, Complex arbitration – ICC International Court of Arbitration Bulletin, Special Supplement, 2003.
– “La jonction de parties à l’instance arbitrale : deux décisions opposées ”, Complex arbitration – ICC International Court of Arbitration Bulletin, Special Supplement, pp. 21-25, 2003.
– “L’idée de mouvement dans l’arbitrage”, in De Lege Ferenda – Réflexions sur le droit désirable en l’honneur du Professeur Alain Hirsch 67 (A. Hériter Lachat and L. Hirsch eds., Slatkine, 2004).
– “L’arbitre international et le problème de la qualification”, in Liber Amicorum Claude Reymond – Autour de l’arbitrage (Litec, 2004), pp. 29- 42.
– “Anti-Suit Injunctions Issued by National Courts At the Seat of the
Arbitration or Elsewhere”, IAI 2005, or “As anti-suit injunction e o princípio da competência-competência”, em Revista de Arbitragem e Mediação (Brazil) No. 7, October-December, 2005.
|Languages||Fluent French, English and Portuguese and good understanding of Spanish|