Sabrina Aïnouz is a partner in the International Dispute Resolution Practice Group in the Paris office. She represents states, state-owned entities and private sector companies in investor-state and commercial arbitrations in a variety of fields, with a focus on oil and gas, mining, construction, telecommunications and general commercial disputes. She has represented clients in arbitrations under all major arbitration rules, including ICC, ICSID, SCC and UNCITRAL rules. She also acts as counsel in proceedings for the enforcement and annulment of international arbitral awards before French courts.

Sabrina is a member of the ICC International Court of Arbitration, representing Algeria, a member of the ICC Commission on Arbitration and ADR and an ambassador of the ICC Africa Commission. Since December 2021, Sabrina has been vice-president of the Paris Arbitration Week association.

Sabrina has been ranked as a Future Leader by Who’s Who Legal: Arbitration and as one of the ten Next Generation Partners in France by Legal 500 in 2022. Sabrina has been recognised by peers and clients as a “real fighter with expertise in investment arbitration”, a “hard working professional”, and a “star in the field (including treaty arbitration)”, with “specialist knowledge of public international law”, a “phenomenal” capacity for work and “an unbeatable intellect”.

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Representative Arbitration Cases

  • Counsel for Algeria in a US$3.6 billion ICSID arbitration initiated by a Danish oil company, under the Algeria-Denmark BIT, in connection with the alleged expropriation of its rights under a production sharing agreement.
  • Counsel for Sonatrach, the Algerian national oil company, in a US$12 billion UNCITRAL arbitration initiated by US and Danish oil companies in connection with the alleged breach of tax provisions in a production sharing agreement (arbitration in French and English; Algerian law applicable).
  • Counsel for the Republic of Benin in a US$35 million ICSID arbitration initiated by seven companies under Benin’s foreign investment laws, in connection with the construction of a hotel complex.
  • Counsel for the Russian Federation in a US$1 billion UNCITRAL arbitration initiated by a US oil major in connection with the alleged breach of profit tax provisions in a production sharing agreement.
  • Counsel for the Republic of Kazakhstan in a multibillion UNCITRAL arbitration arising out of a consortium of oil majors’ alleged failure to develop an oil field, recovery of costs in breach of their obligations under a production sharing agreement and multiple breaches of their environmental obligations.
  • Counsel for the Republic of Kazakhstan and the Kazakh NOC in a parallel US$7 billion UNCITRAL arbitration and expert determination proceedings against a consortium of oil majors in connection with the alleged breach by the consortium of a production sharing agreement.
  • Counsel for the Republic of Kazakhstan and the Kazakh NOC in a US$4 billion UNCITRAL arbitration against a consortium of oil majors in connection with the alleged breach by the consortium of the profit sharing provisions in a production sharing agreement.
  • Counsel for the Republic of Kazakhstan and the Kazakh NOC in an UNCITRAL arbitration against a consortium of oil majors in connection with the alleged breach by the consortium of the cost recovery provisions in a production sharing agreement.
  • Counsel for Turkmenistan in a US$2 billion ICSID arbitration initiated by a Russian telecommunication company under the Russia-Turkmenistan BIT, in connection with the termination of various contracts.
  • Counsel for Turkmenistan in a US$275 million ICSID arbitration initiated by a Turkish company, under the Turkey-Turkmenistan BIT, in connection with the alleged expropriation of its rights under major construction contracts.
  • Counsel for Turkmenistan in a US$65 million ICSID arbitration initiated by a UK company, under the UK-Turkmenistan BIT, in connection with the alleged expropriation of its rights under major construction contracts.
  • Counsel for Turkmenistan in a US$60 million ICSID arbitration initiated by a German national under the Germany-Turkmenistan BIT, in connection with the alleged expropriation of a poultry business, as well as in proceedings for the annulment of the award before ICSID.
  • Counsel for Turkmenistan in ICSID arbitration initiated by a Turkish company under the Turkey-Turkmenistan BIT, in connection with the alleged expropriation of its rights under major construction contracts.
  • Counsel for Turkmenistan in a US$40 million ICSID arbitration initiated by a German company under the Germany-Turkmenistan BIT, in connection with the alleged expropriation of its rights under major construction contracts.
  • Counsel for PDVSA, the Venezuelan national oil company, in a US$7 billion ICC arbitration initiated by an oil major in connection with alleged breaches of a production sharing agreement.
  • Counsel for PDVSA in a US$200 million ICC arbitration in connection with alleged breaches of an oil supply agreement.
  • Counsel for an oil company in an ICC arbitration and parallel proceedings before the London High Court initiated by an African state national oil company in connection with the acquisition of an oil permit.
  • Counsel for a multinational mining company in connection with potential ICSID and ICC arbitrations arising out of the violation by an African state of its obligations following the adoption of a new mining code imposing additional charges upon mining operations.
  • Counsel for a junior mining company in a pre-arbitration dispute with an Eastern European state in connection with the granting by the state of two mining exploitation permits.
  • Counsel for a major engineering and construction company in connection with an ICC arbitration against an African state-owned consortium, arising out of the operation of a power plant.
  • Counsel for a junior oil company in a pre-arbitration dispute with a West African state arising out of the renewal of the exploration phase of an exploration and production sharing agreement.
  • Counsel for a Saudi industrial group in an ICC arbitration against an Italian fashion house in connection with the termination of a franchising agreement.
  • Counsel for a Russian national in connection with a potential US$600 million UNCITRAL arbitration against an Eastern European state arising out of the confiscation by the state of bonds and monies in violation of the state’s obligations under a BIT.

Enforcement and Annulment Proceedings

  • Counsel for the Republic of Kazakhstan in ICSID proceedings for the annulment of an arbitral award declining jurisdiction.
  • Counsel for Turkmenistan in ICSID proceedings for the annulment of an arbitral award declining jurisdiction.
  • Counsel for Turkmenistan in ICSID proceedings for the annulment of an arbitral award rendered in favour of a German national.
  • Counsel for an Indian state-owned space company in proceedings for the annulment of an ICC international arbitral award before the Paris Court of Appeals.
  • Counsel for a Mexican state-owned bank in French proceedings for the annulment of an ICC international arbitral award before the Paris Court of Appeals.
  • Counsel for a Mexican airline company in French proceedings for the annulment of an ICC international arbitral award before the Paris Court of Appeals.
  • Counsel for Turkmenistan in French proceedings for the annulment of an exequatur order issued in France.
  • Counsel for Turkmenistan in French proceedings for the release of conservatory attachments over a presidential aircraft in France before the Toulouse Court of Appeals.
  • Counsel for Turkmenistan and a Turkmen state-owned entity in French proceedings for the release of conservatory attachments over bank accounts and company shares held in France before the Paris Court of Appeals.
  • Counsel for PDVSA in connection with the potential enforcement in France of a US$12 billion worldwide freezing order issued by the London High Court (Mareva Injunction).
  • Counsel for a national oil and gas company in connection with the potential enforcement in France of an SCC award rendered against another national oil and gas company.
  • Counsel for an African national oil and gas company in French proceedings for the enforcement of two ICC awards rendered against the African state.

Other Relevant IDR Experience

  • Counsel for an African LNG producer in two expert determinations arising out of two LNG sales contracts in Africa.
  • Counsel for the subsidiary of a major US global coal marketing and logistics company in a litigation against an African state-owned consortium, arising out of the sale of metallurgic coke.

Education

  • Paris X, Master II in International Dispute Resolution, with honours, 2004
  • Paris X, Master I in Political Science, with honours, 2003
  • Paris X, Master I in Business Law, with honours, 2002

Admissions

  • Paris, 2006

Languages

  • French
  • English
  • Recognised in Legal 500 Arbitration Powerlist: France 2023
  • Recognised as a Future Leader in Who’s Who Legal: Arbitration 2023 in the Future Leaders – Partners category, France
  • Recognised as Next Generation Partner in Legal 500 2022, France

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  • Speaker, “State Representation”, African Arbitration Academy, London, June 2023.
  • Speaker, “Behind the Scenes of the ICC Court – A Mock Scrutiny”, ICC 7th Africa Conference, Lagos, June 2023.
  • Co-author, “Energy Transition and Renewables in MENA: Key Drivers and Future Prospects for the Dispute Resolution Landscape”, The Oath Legal Magazine, May 2023.
  • Speaker, “Proper law and Seat of Arbitration for Disputes in the MENA region”, Cyprus Arbitration Day, May 2023.
  • Speaker, “Energy transition-related Disputes in the MENA Region”, ICC 11th MENA Conference, Abu Dhabi, February 2023.
  • Lecturer, “Multiparty Arbitration and Consolidation”, ICC Institute Training on Complex Arbitrations, Abu Dhabi, February 2023.
  • Speaker, “Behind the Scenes of the ICC Court – A Mock Scrutiny”, ICC-IFRIQYA North African Arbitration Days, Tunis, December 2022.
  • Lecturer, “How to Draft Enforceable Damage Awards”, ICC Institute Advanced Level Training on Drafting Enforceable Awards, Abu Dabi, October 2022.
  • Speaker, “Investor-State Arbitration in Africa - Latest Developments”, Baltic Arbitration Days, Riga, June 2022.
  • Speaker, “ISDS and BITs at a crossroad. What lies ahead?”, ABA Spring Conference, May 2022.
  • Lecturer, ICC Arbitration Training Session to the Tunisian Government and State-owned Entities, Tunis, May 2022.
  • Speaker, “Pitfalls of ICC Emergency Proceedings”, Prague Arbitration Day, April 2022.
  • Speaker, “Corruption as a State Defense in ICSID Arbitration”, ICSID-ADGM Joint Conference, Abu Dhabi, March 2022.
  • Author, “Diverse but not Diverse: Stakes and Challenges of Diversity in International Arbitration”, Options Droit & Affaires, March 2022.
  • Speaker, “Natural Resources and Infrastructure Disputes in French-Speaking Africa”, ERA Pledge African Subcommittee, December 2021.
  • Speaker, “GAR Live Question Time: Arbitration in the Middle East”, GAR Live Moscow, Moscow, October 2021.
  • Speaker, “Arbitration in Africa and Africa in Arbitration”, Paris Arbitration Week, September 2021.
  • Speaker, “The Increasing Role of Expert Evidence in Infrastructure Disputes: A Necessary Evil?”, 9th ICC MENA Conference, February 2021.
  • Speaker, “The Sanitary Crisis: A Turning Point in the Digitalization of Arbitration?” Aix-Marseille III University/Club de l’Arbitrage Webinar, September 30, 2020.
  • Speaker, “ICC’s Innovative Techniques Aimed at Mitigating the Effects of the COVID-19 Pandemic”, ICC/Legal Doctrine Webinar, June 23, 2020.
  • Co-author, “Commercial Arbitration: France”, GAR Know-How, 2018-2020.
  • Speaker, “Public tenders and arbitration: the African experience”, Paris Arbitration Week, April 1, 2019.
  • Speaker, “The GAR Live Question Time: investor-state disputes”, First Annual GAR Live Conference in Moscow, March 21, 2019.
  • Moderator, “Investment Arbitration: What Can We Expect in the Next 10 Years?” 3rd CARDS Tour de Arbitration, Paris, February 5, 2019.
  • Co-author, “ICSID Tribunal’s ratione materiae jurisdiction in light of 50 years of ICSID African Jurisprudence”, LGDJ, 2019.
  • Co-author, “Mining Arbitration in Central Asia”, GAR Guide to Mining Arbitration, 2019.
  • Speaker, “Investment Arbitration and Africa: Challenges and Perspectives”, Institut Supérieur de Management, Dakar, May 12, 2018.
  • Speaker, “Structuring Arbitration in Share Purchase and Shareholder Agreements”, Paris Arbitration Week, April 10, 2018.
  • Speaker, “International Arbitration: How to Promote Efficiency and Contain Costs?” Kazakh National Chamber of Commerce, KPMG Kazakhstan, Astana, March 2018.
  • Lecturer, “Introduction to International Arbitration”, International Business Development MBA, ICD International Business School, February 2018.
  • Speaker, “50 years of Africa at ICSID: Retrospective and Prospective Views,” ICSID ratione materiae jurisdiction, Institut Afrique Monde, Jus Africa, Paris, March 27, 2017.
  • Speaker, “Skills that make a difference: What it takes to be effective counsel in international arbitration”, Launch of the Young ArbitralWomen Practitioners (YAWP), Zurich, April 7, 2016.
  • Speaker, “Investment arbitration and Turkey – Making the best use of it”, Second Annual GAR Live Conference in Istanbul, June 26, 2014.
  • Lecturer, training programs on international law, arbitration and investment treaties for the Libyan National Oil Corporation, 2016-2017.
  • Lecturer, training programs on international law, arbitration and investment treaties for Sonatrach, the Algerian national oil company, 2010-2012.

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