Dany Khayat

Dany has extensive experience in commercial arbitration and has acted as lead counsel in dozens of cases under a variety of applicable laws. He has particular experience in disputes in the following industries: construction, intellectual property, defense, infrastructure, Joint Venture agreements with a particular regional focus on Africa and the Middle East.

Dany also has substantive knowledge of investment treaty arbitration and the protection of foreign investments and has been involved, as lead counsel, in more than a dozen investor/State disputes, representing both States and investors. He has written extensively on ICSID awards and decisions for fifteen years. He is the co-author of the 700-page "Recueil des Commentaires des Decisions du CIRDI (2002-2007)" (Bruylant 2009) in which all ICSID awards, decisions and orders published between 2002 and 2007 are commented upon and has continued to publish regularly since in the Revue québécoise de droit international and The Law & Practice of International Courts and Tribunals.

Dany has also been involved in arbitration-related proceedings before French courts including annulment proceeding as well as in disputes involving State immunities and seizure of State-owned assets, and in other contractual and commercial matters heard before French courts.

He also acts as arbitrator (president, co-arbitrator or sole arbitrator) in ICC, DIAC, CRCICA, BCDR-AAA, DIFC-LCIA, WIPO and ad hoc proceedings conducted in French, English or Arabic.

Dany has appeared at numerous conferences as a speaker on international arbitration, investment treaties and investment disputes and lectured on international arbitration, arbitration in the Arab countries and investor-State disputes at the University of Paris I (Pantheon—Sorbonne), University of Paris–Sud and the University of Poitiers.

Prior to joining Mayer Brown in 2008, he was an attorney in the International Arbitration group of a large international firm in Paris where he worked since 2000.

Dany is fluent in English, French and Arabic and has a reading knowledge of Spanish.

• The Kingdom of Morocco in an ICSID Arbitration brought by a German investor in a dispute which relates to a series of measures regarding the export of ferrous scraps and the import of metallic bars (ICSID Case No. ARB/19/2).
• A UAE company in an UNCITRAL/PCA investment treaty arbitration brought pursuant to the Agreement for Promotion, Protection and Guarantee of Investments among Member States of the Organisation of the Islamic Conference (OIC Investment Treaty), concerning numerous large construction projects throughout Libya.
• An Asian company in an UNCITRAL arbitration against the State of Libyaon the basis of an investment treaty concerning housing projects initiated in Libya pre-revolution.
• The Republic of Gambia in an ICSID Arbitration brought by Western African Aquaculture Ltd, Kurt Lennart Hansson and Martje Bolt Hansson in a dispute arising out of the alleged expropriation of a shrimp farming and processing operation (ICSID Case No. ARB/18/10).
• A PRC investor in an investment treaty claim against the Republic of Ecuador arising out of the taking of its mining rights in Ecuador.
• Canadian and US investors in two UNCITRAL investment arbitrations against Romania in a dispute arising out of our clients’ investment in the media industry.
• Kuwaiti investors in an ICSID Arbitration against the Hashemite Kingdom of Jordan in a dispute related to the tax treatment of their investment (ICSID Case No. ARB/13/38).
• A Canadian investor in a NAFTA Arbitration under the Rules of ICSID’s Additional Facility against the United Mexican States in a dispute related to Claimant’s investment in the real estate sector in Mexico (ICSID Case No. ARB(AF)15/2).
• The Arab Republic of Egypt as respondent in an ICSID Arbitration initiated by a French multinational corporation with respect to a waste management services contract in a major Egyptian city (ICSID Case No. ARB/12/15).
• A European company against a North African State in an UNCITRAL investor-State dispute on the basis of a bilateral investment treaty relating to the construction of a major infrastructure project in that country.
• The Republic of The Gambia in an ICSID Arbitration initiated by the subsidiary of a mining company in a dispute related to the termination of a mining license in that country including before an ad hoc Committee (ICSID Case No. ARB/09/19).
• A US investor and his US companies in an ICSID Arbitration against the Republic of Romania in a dispute related to the expropriation and treatment of their investments in the press distribution and real estate sectors (ICSID Case No. ARB/10/13).
• The Republic of The Gambia in two ICSID Arbitrations against a British oil company in a dispute related to the termination of concessions in off-shore fields in that country (ICSID Case No. ARB/14/16 and ICSID Case No. ARB/14/7).
• An investor from the Dutch West Indies in the jurisdiction phase of an ICSID Arbitration against a North African State in a matter relating to the banking sector in that country.
• A European investor in the water distribution and purification sector in an ICSID Arbitration against a Latin American State, in a dispute related to the cancellation of a concession in that country.
• North American investors in the textile industry in an ICSID Arbitration against an Arab State in the jurisdiction phase of ICSID proceedings.
• Advice to various investors and States on investment treaty matters in relation to disputes in various countries (Eastern-Europe, Asia, Middle-East, Latin-America) under various investment treaties, including bilateral investment treaties, the Energy Charter Treaty and the Investment Agreement of the Organization of Islamic Cooperation.

Pending or recent experience in commercial arbitrations include the following representations:

• A BVI company in an ICC arbitration initiated by a Middle-Eastern company against the client and a French Company arising out of an alleged wrong termination of a joint venture that would have enabled the parties to submit a bid in the Middle East.
• Several Tunisian companies against two closed joint stock companies in Bahrain in an ICC and then DIFC–LCIA arbitration related to the alleged non-performance of a settlement agreement.
• A group of European insurers in an ICC arbitration seated in Paris initiated by two European companies related to an alleged breach of an insurance policy.
• A North American construction company in an ICC arbitration seated in Geneva against a North African state-owned company in a dispute related to the termination of a FIDIC contract for the construction of the company’s new corporate headquarters.
• A construction company based in the United Arab Emirates as Employer in a FIDIC Silver Book contract dispute for the refurbishment of a landmark hotel in a West African capital against a South African contractor before a DAB.
• A West-African State in an ICC arbitration seated in Paris against a European and an African company concerning the construction a railway project in several countries in West-Africa.
• A West African State in arbitration proceedings conducted under the Rules of the London Maritime Arbitrators Association in a dispute involving its European partner (and its Pacific Islands entity) in a Joint Venture agreement for transportation services.
• A Middle-Eastern company in an ICC arbitration initiated by a Dutch company in a dispute related to a license agreement and related intellectual property issues mainly in the Middle-East.
• A Middle-Eastern company against an Asian company in SIAC arbitration proceedings concerning a breach of contract in relation to the health sector in an Arab country.
• A Middle-Eastern individual against an Asian company in ICC arbitration proceedings relating to the breach of a contract of provision of legal services in an Arab country.
• A Middle-Eastern company in an ICC arbitration, against other Middle-Eastern parties, in a dispute related to the breach of a Joint Venture agreement for the distribution of food products in the Middle East.
• Two Middle-Eastern companies in two separate ICC arbitration against a North American construction company in disputes related to the construction of a landmark project in a North African capital city.
• A Middle Eastern individual in an ICC dispute over breaches of a consultancy agreement for services rendered in a Middle-Eastern country.
• A French company in ICC arbitration against an Asian company concerning the breach of a distribution agreement and subsequent enforcement actions.
• A leading North American pharmaceutical company in an ICC arbitration against an Asian licensee relating to complex issues of counterfeiting and the consequences of decisions taken by a European patent agency.
• Three Middle Eastern individuals in an ICC arbitration against an Asian entity over breaches of a legal services agreement in relation with a dispute in a Middle-Eastern country.
• Two European companies in an ICC arbitration against two European companies in the chemical industry over breaches of an asset purchase agreement.
• A Middle-Eastern company in an ICC arbitration against another Middle-Eastern company in a dispute over to breaches of an asset purchase agreement.
• A Middle-Eastern company against a European company in a CMAP arbitration in a dispute over a distribution contract in a Middle-Eastern country.
• A leading European hotel management company in an ICC arbitration against the owner of a landmark hotel in a European country.
• A Middle-Eastern company in a RSA arbitration against another Middle-Eastern company over the performance of a sales contract.
• A European company in a GAFTA arbitration against an Asian company in a dispute concerning the performance of a commodities contract and the effect of sanctions.
• A European company in a AFA arbitration over a share purchase agreement against another European company.
• A European chemical company in a series of ad hoc and ICC arbitration proceedings and related litigation before US courts initiated against European subsidiaries of a North-American chemical company concerning Joint Venture and confidentiality agreements.

Recent Experience as Arbitrator

• Member of the Conciliation Commission constituted in the ICSID case CONC/19/1 La Camerounaise des Eaux (CDE) c. République du Cameroun et Cameroon Water Utilities Cooperation (CAMWATER); French language (pending).
• President of the arbitral tribunal in a WIPO arbitration between two French companies; seat in Paris; French law applicable; French language.
• President of the arbitral tribunal in ICC arbitration between two Middle Eastern companies; seat in Doha; Qatari law applicable; English language.
• President of the arbitral tribunal in CRCICA arbitration between two Middle Eastern companies, seat in Cairo; Egyptian law applicable, English language.
• President of the arbitral tribunal in ad hoc arbitration between a Saudi Arabian company and an Egyptian company; seat in Cairo (Egypt); Law of a North African State applicable and Arab language.
• Sole Arbitrator in ICC arbitration between a European company and a North African company; seat in Paris; Law of North African State applicable; French language.
• Co-arbitrator in BCDR-AAA (Bahrain Chamber for Dispute Resolution) arbitration between a Middle Eastern company and a Middle Eastern State; with seat in Bahrain; law of a Middle Eastern State applicable; English language.
• Co-Arbitrator in DIAC arbitration between two Middle Eastern companies; seat in Dubai; Missouri law applicable; English language.
• Sole Arbitrator in CRCICA arbitration between two Middle Eastern companies; seat in Cairo; Egyptian law applicable; English and Arabic language.
• Co-Arbitrator in ICC arbitration between an African and Cayman Island companies and an African State; seat in The Hague; law of the African State applicable; French language.
• Co-Arbitrator in ad hoc arbitration between two Middle Eastern companies; seat in Cairo; Egyptian law applicable; Arabic language.
• Co-Arbitrator in ICC arbitration between a European State and a European company; seat in Paris; French law; English language.
• Sole Arbitrator in DIAC arbitration between a Middle Eastern company and Central Asian individuals; seat in Dubai, Federal and State law of a Middle Eastern country; English language.

2019

• The premier Pan-African weekly news magazine, Jeune Afrique, recognized Dany Khayat as one of the top 50 business lawyers for 2018.
• “Practice head Dany Khayat ‘knows the game by heart, is business-driven, knows how to navigate complex in-house organisation and has an extensive network’.” Legal 500 EMEA (2019).
• Dany Khayat has been ranked in the “Next generation lawyers” category. Legal 500 EMEA (2019).
  
   

2018

• “Practice head Dany Khayat is a very reliable adviser who also regularly acts as arbitrator.” Legal 500 EMEA (2018)
• “Head of department Dany Khayat is recognized by sources for his ‘business-oriented’ approach. Interviewees further single him out for his particular strengths in proceedings involving jurisdictions in the Middle East. He is adept at handling both commercial and investment arbitrations.” Chambers Global (2018).
• The premier Pan-African weekly news magazine, Jeune Afrique, recognized Dany Khayat as one of the top 50 business lawyers for 2017. Jeune Afrique (2018).

2017

• “Head of the International Arbitration practice at Mayer Brown Paris, Dany Khayat is often described as a chameleon by his clients. He started his career under Emmanuel Gaillard, the French "pope" in this field.” Les Echos (2017).
• The new edition of Décideurs, a French media and rating agency for top executives has recognized Dany Khayat as "Excellent" in International Arbitration. (2017).
• The new edition of Best Lawyers, a peer review guide to the legal profession has recognized Dany Khayat as one of the leading International Arbitration practitioners in the world. Best Lawyers (2017).
• Dany Khayat enters the rankings after receiving effusive praise from market commentators. He heads the firm's international arbitration practice and regularly undertakes both commercial and investment treaty arbitrations, with a significant number of cases involving the Middle East. Recent case highlights for him include representing the Arab Republic of Egypt in a dispute regarding a waste management service agreement for the distribution of water in Alexandria. Clients view him as "a fantastic lawyer with considerable expertise in international arbitrations. He is efficient, dedicated and has the best client service and commercial awareness I have seen." Chambers Global (2017).

2016

• The new edition of Global Arbitration Review 100 (GAR 100), a peer review guide to the legal profession has recognized Dany Khayat as one of the leading International Arbitration practitioners in France. (2016)
• "Intervenant souvent aux côtés des membres du bureau londonien, l’équipe parisienne de six avocats de Mayer Brown est un acteur du marché à suivre de près. Elle représente des entités étatiques et des investisseurs dans le cadre de la gestion d’arbitrages investissement se rattachant aux régions de l’Afrique, de l’Europe, du Moyen-Orient et de l’Amérique Centrale. Le volant de dossiers d’arbitrages commerciaux traité par le cabinet est également en pleine croissance. En collaboration avec le bureau londonien, l’équipe représente l’Autorité du Canal de Panama dans plusieurs arbitrages CCI en lien avec le projet d’élargissement du Canal. L’Egypte et la République gambienne sont clients. L’activité est dirigée par Dany Khayat." Legal 500 Paris (2016)
• "Mayer Brown’s Dany Khayat is extremely well thought of due to his particular expertise in investment treaty arbitration and the protection of foreign investments." Who’s Who Legal (2016)
• The new edition of Expert Guide, a guide dedicated to leading individuals in the legal industry has recognized Dany Khayat as one of the leading Commercial Arbitration practitioners in France. (2016)
• "Souvent décrit comme un caméléon par ses partenaires et ses clients, Dany Khayat attache une attention particulière à ne jamais être pris au dépourvu, à toujours s’adapter aux situations. Sa jeunesse au Liban et ses fréquents séjours en France l’ont convaincu de travailler dans un environnement international. C’est auprès d’Emmanuel Gaillard qu’il apprendra à quel point l’arbitrage lui correspond. Endurci par des dossiers comme les frégates de Taiwan, il poursuit son engagement chez Mayer Brown, notamment pour la Gambie.” Décideurs (2016)
• The new edition of Who’s Who Legal, a review guide in business law based upon comprehensive and independent research has recognized Dany Khayat as one of the "Partners aged 45 or under who are considered to be the future leaders of the international arbitration community”. (2016)
• Dany Khayat named as “Rising Star of the Business Bar” in 2016 by Décideurs, a french media and rating agency for top executives. The 30 “Rising Stars” are “la crème de la crème”—“talented, hard working, ambitious” lawyers admitted to the Paris bar between 2000 and 2007. (2016)
• The new edition of Décideurs, a french media and rating agency for top executives has recognized Dany Khayat as "excellent" in Interntaional Arbitration. (2016)

2015

• "An excellent strategist and key player who shows striking knowledge of investment matters and a particular command of ICSID proceedings” Who’s who Legal (2015)
• "Dirigée par Dany Khayat, l’équipe de sept avocats de Mayer Brown est ‘excellente et hautement disponible’. Elle est en charge de nombreux arbitrages commerciaux et développe sa présence dans des arbitrages d’investissement. Le cabinet a notamment représenté l’Egypte dans une affaire CIRDI l’opposant à Veolia. Il agit également pour le compte d’investisseurs et de la Gambie dans plusieurs dossiers." Legal 500 Paris (2015)

2014

• "Dirigée par Dany Khayat, l’équipe de six avocats de Mayer Brown est ‘hautement professionnelle’ et s’engage complètement aux côtés de ses clients. Elle gère de grandes affaires d’arbitrage d’investissement en collaboration avec les bureaux internationaux du cabinet et traite également des dossiers d’arbitrage commercial. Le cabinet représente notamment la Gambie dans un arbitrage CIRDI l’opposant à Carnegie Minerals et portant sur la résiliation d’un accord minier. L’Egypte est également cliente." Legal 500 Paris (2014)