Delos GAP Symposium 2024 – ‘Corruption & International Arbitration’

Wednesday, 4 September 2024

This high-profile event took place on Wednesday 4 September 2024 and brought together colleagues internationally who are involved or otherwise have an interest in the Delos Guide to Arbitration Places (GAP). The event took place in a hybrid format, with the in-person part at the Paris Arbitration Centre by Delos.

 

THE PROGRAMME

 

09.00-09.30: Registration & Welcome Coffee

09.30-09.45: Opening Remarks (hybrid)

With Thomas Granier (Anima Dispute Resolution, Paris)  co-General Editor of the GAP.

09.45-11.00: The GAP Symposium Panel – “Evidence In Corruption Matters: How Much Is Needed? How Much Is Required?” (hybrid)

With Prof. Mohamed Abdel Wahab (GAP Egypt | Zulficar & Partners, Cairo), Carolyn Lamm (GAP England & Wales | White & Case, Washington D.C.), Filipe Vaz Pinto (GAP Portugal | Morais Leitão, Lisbon), Jacob Grierson (Anima Dispute Resolution, Paris), moderated by Cecilia Carrara (GAP Italy | Legance, Rome). Rapporteur: Dr Johanna Büstgens (GAP Reviewer–Germany | Hanefeld, Hamburg).

The panel provided the audience with a valuable overview of the key questions arising in arbitrations dealing with evidence of corruption.

The panel first addressed the counsel perspective, including, for example, how extensive pre-arbitration investigations should be, the ethical constraints or duties on counsel, and which tactical considerations could be made (interim measures, suspension and bifurcation, document production, etc.).

The panel then addressed the arbitrator’s perspective and discussed, amongst others, the delicate balance between the inquisitorial and adversarial approach in corruption matters, particularly when there is a non-participating party, and to what extent adverse inferences and evidence obtained in different proceedings can be used.

Finally, the panel had a look at the consequences of the discovery of evidence on corruption once the award has been rendered and discussed general trends in different jurisdictions.

11.00-11.30: Networking (in-person, and online)

11.30-12.45: Roundtables (in-person, and online)

Chaired by Kate Apostolova, GAP Regional Editor (Clifford Chance, Singapore), Amany Chamieh (Darrois Villey Maillot Brochier, Paris), Rahul Donde (Rahul Donde Dispute Resolution, Geneva), Jonathan Lim, GAP Regional Editor (Wilmer Hale, London-Singapore), Dr Olivier Mosimann, GAP Regional Editor (Kellerhals Carrard, Basel) and Vee Vian Thien, GAP Headnote Series Co-Curator (Whithers LLP, London).

The roundtables featured experience-sharing from our respective practices and a lively discussion around solutions to handle corruption-related issues. The session was structured around three topics that built on the earlier panel discussion: counsel perspective in the preparation of the case; how should arbitrators deal with the evidence; and discovery of evidence on corruption after the award.

12.40-14.00: Lunch (in-person only)

14.00-14.45: The GAP Symposium Keynote – “Private Corruption in International Arbitration: Nuances to the Challenge” (hybrid)

By Prof. Joongi Kim (Yonsei University, Seoul) with comments by Prof. Maxi Scherer (WilmerHale, London), co-Chairs of the GAP.

15.00-16.30: Workshop with forensic experts on the investigation of corruption issues (hybrid)

With Juan Francisco Nasser, Claudia O’Brien, and Nick Panes of HKA (Madrid, Johannesburg, and London).

As part of the GAP Symposium, HKA’s team led a workshop focusing on the practical aspects of corruption investigations. Bringing public and private sector experience, the workshop addressed questions about when, how and where to look for evidence of corruption.

The workshop looked at the life cycle of an investigation from an investigators perspective while also engaging in the discussion about how lawyers and arbitrators should deal with evidence (or suspicions) of corruption.

What red flags should we be looking for? How and who should investigate them? What steps to consider if red flags suggest more concrete evidence of wrongdoing? What are the steps and tools to use to gather and preserve evidence? How does one maintain discretion and confidentiality? When and who to report to? The evolving role of authorities and how to engage with them? And what are the different outcomes?

Using real case examples, the HKA team delved into these and many other issues relating to corruption investigations and the roles of the different stakeholders.

16.30-17.00: Networking (in-person, and online)

17.00-18.30: Workshop with damages experts on the quantum side of corruption issues (hybrid)

With Juliette Fortin, and Karl Payeur, of FTI Consulting (Paris).

As part of the GAP Symposium, FTI experts Juliette Fortin, and Karl Payeur led a Quantum workshop. Building upon their personal experience and public cases, the experts discussed complex valuation considerations and the importance of information gathering in the specific context of corruption and international arbitration.

They delved into the framework of assessing damages and evaluated which approaches can better address the questions (Lost Profits, Disgorgement of profits, other). They also addressed the questions of revenue generation and additional costs (e.g. compliance costs) that may arise in corruption cases.

The discussion highlighted the valuation of tainted contracts and ill-gotten assets, emphasizing the market implications of corruption on value and the necessary adjustments in risk premiums when calculating critical financial metrics (IRR, WACC). The experts also examined the impact of corruption on interest calculations and competitive market conditions.

The workshop also covered the essential role of financial information and benchmarks in substantiating claims. More specifically, it demonstrated how access to such key information is gained from a forensic standpoint.

This session offered invaluable insights into the intersection of quantum and forensic expertise in corruption and international arbitration.

Closing Remarks (hybrid)

With Hafez Virjee (Delos & Virjee Arbitration, London-Paris), co-General Editors of the GAP.

18.30-20.30: Cocktail Reception

The event was MC’ed by David de Freitas (GAP Deputy Editor | White & Case, Geneva) and Dr Ghazal Miyar (Delos Head of Training and Outreach, Paris).

In-person guests were invited to join us the next day for the celebration of Delos’s 10-year anniversary.

 

ABOUT THE SPEAKERS

 

Prof Mohamed Abdel Wahab is the Founding Partner & Head of International Arbitration, Construction and Energy, Zulficar & Partners, Egypt; Professor of International Arbitration and International Law and English Contract Law, Cairo University; Member of the Governing Board, ICCA; Chair of the ICC Governing Body for Dispute Resolution Services; Deputy President Global of the CIArb; President Elect of the CIArb (2025); Dean of the Africa Arbitration Academy; Member of the Curatorium of the Hague Academy of International Law; Vice-Chair of the Advisory Committee of the CRCICA; Member of the Advisory Board of the MIAC; Member of the LACIAC Court of Arbitration; Member of the ITA Academic Council; and Member of the Court, PCA. He is a fellow of the National Centre for Technology and Dispute Resolution at the University of Massachusetts, Amherst, USA; and associate fellow of the Centre for Private International Law and Centre for Commercial Law at Aberdeen University (UK). He served as ‘Arbitrator’, ‘Legal Expert’ and ‘Counsel’ in more than 260 cases, involving parties from the Africa, Asia, Canada, Europe, the Middle East the United States and Latin America, and is recognized as a world-leading arbitrator and arbitration practitioner in international investment and international commercial arbitration, construction law & practice, Energy law and infrastructure disputes, African and Arab Laws, Islamic Shari’a, private international law and online dispute resolution. His expertise in cross border multi-jurisdictional and highly complex transactions and disputes is extensive and broad. He was shortlisted among the top five arbitrators for the GAR award for the best prepared and responsive arbitrator (2021), and is regularly ranked by Who’s Who Legal, Chambers, The Legal 500, Client Choice Awards as a world leading international arbitration thought leader, counsel and arbitrator. He received the Law Magazine 2023 Regional Lawyer of the Year, the LAW Magazine 2022 Most Influential Legal Academic Award, the 2021 and 2020 Client Choice International Award, the 2019 AYA Hall-of-Fame African Arbitrator Award, the 2018 ASA International Arbitration Advocacy Prize, and the LAW Magazine 2017 Best Legal Practitioner Award. He is listed in Who’s Who Global Elite Thought Leaders: International Arbitration; selected among the Legal500 Africa Powerlist and the AYA’s Africa’s Top 30 Powerlist. He is the co-editor (with Prof Maxi Scherer and Ms. Niuscha Bassiri) of the first ever book on COVID-19 and international arbitration under the title “International Arbitration and the COVID-19 Revolution” (2020). He is also the co-editor (with Prof Ethan Katsh and Mr. Daniel Rainey) of “Online Dispute Resolution: Theory and Practice” (2011 and 2021). He is the author of the Abdel Wahab Pandemic Pathway to Virtual/Remote Hearings (2020); Co-author (with Dr. Kabir Duggal) of the first book dedicated to comparing the OIC and UAIA Treaties under the title “The Resurgence of the Unified Arab Investment Agreement and the Organisation for Islamic Cooperation Investment Agreement” Brill (2022).  WWL: Arbitration & Global Elite Thought Leaders (2023) says “‘He is an amazing practitioner and one of the hardest working people’ ‘His sharp mind never ceases to amaze’ ‘He is one of a kind!’”. Chambers and Partners (2023)-Africa-wide says: “Mohamed Abdel Wahab is a leading arbitrator and arbitration counsel based in Cairo. He is very highly respected for his international commercial and investment treaty practice. As an arbitrator, he frequently presides over disputes concerning construction, energy and infrastructure issues”; “Mohamed Abdel Wahab is someone who is very brilliant and technically capable. He is very smart on the law, but also emotionally intelligent as well”. Chambers and Partners (2024)- Africa Wide says: “Mohamed is well recognised for arbitration in Africa. He is a brilliant lawyer who is extremely competent and adds great value.” Chambers and Partners (2023)-Dispute Resolution: Most in Demand Arbitrators says: “Mohamed Abdel Wahab is one of the best-known arbitration lawyers and his practice combines expert witness and arbitrator appointments with regular roles as counsel on significant and high-profile cases, and he receives especially high praise for his expertise in oil and gas and construction disputes”. Legal 500 (2024) – Dispute Resolution: Arbitration says: “Mohamed Abdel Wahab is very highly regarded by peers in the international arbitration community. He knows arbitration inside and out. He is smart, experienced, has great communication skills. His professionalism, integrity, moral values and work ethics are exceptional”. Legal 500 (2023) – Dispute Resolution: Arbitration says: “Mohamed Abdel Wahab – very prepared arbitrator; deep experience in international arbitration; very thoughtful in his comments; collegial; engaged; insightful and sharp questions”,  “Mohamed Abdel Wahab: Highly respected, very experienced arbitrator, exhibiting highest standard of integrity and ethics”‘ and “Mohamed Abdel Wahab is a very highly regarded professional and a leading international arbitrator. He has the quality of being knowledgeable in several system of laws: common law, civil law and sharia law”.  He was part of the faculty for the first ROAP EMEA edition in 2021, as well as the 2022, 2023 and 2024 editions. 

Kate Apostolova is counsel in the International Arbitration practice in MAYER BROWN’S Singapore office. Kate has extensive experience in international investor-state arbitrations, commercial arbitrations and international litigation proceedings. She has represented clients in a wide-range of industries, including oil & gas, mining, nuclear power, construction, finance, private equity, pharmaceuticals, technology. She has appeared as oral advocate and been involved in cases before all major arbitral institutions, the US courts, ICTY, ECHR, and ITLOS. Kate has also been appointed as arbitrator in institutional and ad hoc arbitrations and is a certified mediator. Kate is recognised in all major legal directories, including ranked no. 1 in Who’s Who Legal’s “Most Highly Regarded” list of international arbitration practitioners in Asia-Pacific for 2020, named a 2021 Rising Star by Law360, recognised in Chambers Global 2022, and listed in the Legal 500’s The Arbitration Powerlist: Southeast Asia 2022.

Dr Johanna Büstgen acts as counsel in arbitration and state court proceedings. She also acts as arbitrator and, as secretary to arbitral tribunals in large-volume and complex proceedings. The focus of her practice is energy law (in particular disputes involving long-term energy supply contracts and price adjustments), construction & engineering (including FIDIC model contracts), international trade and distribution law and international commercial and sales law. Johanna studied at the Bucerius Law School and the University of Oxford (Brasenose College). She holds a doctorate of law from Bucerius Law School in the field of international arbitration for which she completed a research stay at the University of California, Berkeley. She completed her legal traineeship inter alia at the ICC International Court of Arbitration in Paris. She has also previously worked as a research assistant at a chair for private international and international commercial law at Bucerius Law School. Johanna currently teaches international contract law at FOM University of Applied Science Hamburg. Her working languages are German and English.

Cecilia Carrara has significant experience in the field of national and international, commercial and investment arbitration proceedings, both institutional and ad hoc, acting as counsel and as arbitrator. She further represents international and Italian companies in arbitration-related proceedings in front of the national courts, such as recognition and enforcement proceedings of arbitral awards. Cecilia has been admitted to practice before the Italian Supreme Court. Cecilia also focuses on mergers & acquisitions, extraordinary corporate transactions and commercial contracts, mainly representing foreign clients investing in Italy. In particular, Cecilia is responsible for the Legance German desk, having a specific focus on German speaking countries and Eastern Europe. Cecilia is a member of Legance’s Sustainability Committee. As of June 2024, Cecilia is a member of the London Court of International Arbitration (“LCIA”). 

Amany Chamieh is a Senior Associate in the International Arbitration team of Darrois Villey Maillot Brochier. She is also regularly appointed as arbitrator. She is French and Lebanese and is registered to the Paris Bar. She holds a LL.M. in Business Law of Arab Countries (University of Paris II Panthéon Assas) and a Double Bilingual Master’s Degree in European Laws (Universities of Paris Ouest Nanterre La Défense and Potsdam). She speaks French, English, Arabic and German. Prior to joining Darrois, she worked at the Secretariat of the International Court of Arbitration of the ICC as Deputy Counsel in the team dealing with cases from Germany, Austria and other European countries and then in the team dealing with cases from the Eastern Mediterranean and the Middle East. Before the ICC, Amany worked in various French law firms, where she has been involved in proceedings conducted under the arbitration rules of the ICC, ICSID as well as in ad hoc proceedings. 

Rahul Donde is a member of the Arbitration Consultative Committee of Delos and founder of Donde Dispute Resolution . Rahul has acted as arbitrator, counsel, secretary and assistant of the arbitral tribunal in over 30 international arbitration proceedings under both ad hoc (UNCITRAL, Swiss PILA, Indian Arbitration Act, 1996) and institutional arbitration rules (CEPANI, CRCICA, HKIAC, ICC, ICSID, ICSID (AF), LCIA, SIAC). He has been consistently recognized as Expert”, “Rising Star” and “Future Leader” by the major legal directories including Expert Guides, Legal500 and Who’s Who Legal. Rahul has specific experience in disputes relating to natural resources (water, oil, gas, renewable energy), commercial (agency, distribution, sales, purchase, services agreements) and corporate laws in different jurisdictions. Having worked in Switzerland and India for several years, Rahul has expertise in complex commercial and investment disputes in both common law and civil law systems. Rahul sits as an arbitrator and is empaneled with all major international arbitral institutions. As counsel, he has advised multinational companies in cross-border construction and commercial disputes and assisted parties in annulment proceedings before the Swiss Federal Tribunal.

David de Freitas is an Associate in White & Case’s International Arbitration Practice, based in Geneva. Prior to joining White & Case, David worked as an associate at a boutique international arbitration firm in São Paulo, he also worked in major arbitration law firms based in Paris and at the ICC Court of Arbitration. David is associated with Delos since 2017. He is the deputy editor of the Guide to Arbitration Places designed to promote lesser-known seats through an objective, comparative study.

Juliette Fortin leads the Economic and Financial Consulting segment in France with more than 25 years of experience assisting leading companies and law firms. Specialized in valuation issues, Juliette’s expertise spans valuation in the context of M&A, the quantification of damages claims in domestic and international commercial and investment disputes, accounting issues and post-transaction disputes. She has assisted French and multinational companies, as well as leading law firms in various regions throughout the world, including Africa, Europe and Latin America. In the context of international arbitration disputes, Juliette is regularly appointed as an expert and provides oral evidence in French, English and Spanish. She has been involved in 60 arbitrations, has prepared more than 150 reports and has testified in more than 25 international arbitration procedures before the International Chamber of Commerce (“ICC”) and the International Centre for Settlement of Investment Disputes (“ICSID”). Additionally, Juliette is one of the experts in international arbitration listed by Who’s Who Legal. Juliette regularly intervenes as an expert for national disputes in the context of litigation before the commercial courts, within the framework of judicial expertise or in ad-hoc expertise. She has also led numerous post-acquisition litigation assignments. Additionally, Juliette is an expert with the Administrative Courts of Appeal of Paris and Versailles and a member of the Company of Experts (“CECAAPV”). Furthermore, she is registered in the National Directory of Justice Experts of the National Council of Justice Expert Companies. Juliette joined FTI Consulting in September 2010, having previously worked at PwC in the transaction services and disputes practices in Paris. Prior to these roles, Juliette worked at PwC’s audit practice in London. Additionally, Juliette is a member of the advisory council of ArbitralWomen and a member of the steering committee of the Equal Representation for Expert Witnesses Pledge. 

Thomas Granier is a partner at Anima Dispute Resolution. He has rapidly established himself as a leading practitioner in compliance and ESG arbitrations and in disputes on regulated sectors, including energy (renewable, oil & gas and nuclear), mining, infrastructure, defense and pharmaceuticals.  He has been described as “a leader of his generation who has rapidly become a reference in arbitration involving Africa”.  Trilingual in English, French and German, he is part of the new generation of arbitrators. He has acted as president, sole arbitrator and co-arbitrator in a dozen ICC, DIS, Delos Disputes Resolution and ad hoc arbitrations. He is also a member of the Arbitration Advisory Committee of Delos Dispute Resolution, Vice-President of the Arbitration Court of the Casablanca International Mediation and Arbitration Center and Vice-President of the Arbitration Committee of the BVI International Arbitration Center.  Prior to founding Anima Dispute Resolution, Thomas worked at McDermott Will & Emery and Asafo & Co. He was Counsel in charge of the ICC International Court of Arbitration Secretariat team, administering cases relating to Africa, the Middle East and France. 

Jacob Grierson, is an English barrister and a French lawyer. Having started his career in the Chambers of Lord Grabiner KC at One Essex Court in London, Jacob has been based in Paris for the past 20 years and has become a French avocat while remaining an English barrister. Jacob has acted both as counsel and as arbitrator (sole arbitrator, president and coarbitrator) in a very large number of arbitrations subject to many different laws and seated in many different places, although predominantly in London and Paris, the two cities between which he divides his time. He has a particular focus on disputes related to Africa (both Anglophone and Francophone) and on certain sectors, including construction, energy, mining, pharma/biotechnology and transport. Jacob is bilingual in English and French, and has conducted arbitrations in both of those languages. He also has a working knowledge of German. He has been recognised by Who’s Who Legal as one of the ten best regarded arbitration practitioners in France and by Jeune Afrique as one of the most influential lawyers active in Francophone Africa. Jacob is the author (together with Annet van Hooft) of “Arbitrating under the 2012 ICC Rules: an Introductory Users’ Guide”, which has been recognised as one of the leading guides to the ICC Rules of Arbitration, on which Jacob is a leading authority. Jacob is a Council Member of the ICC Institute, a Member of the ICC’s Arbitration Commission, President of the User’s’ Council of the Casablanca International Mediation and Arbitration Centre (CIMAC) and a Member of the Steering Committee of the Mauritius International Arbitration Centre (MIAC).

Prof Joongi Kim is a Professor of Law at Yonsei Law School in Seoul.  Joongi (dʒun-ɡi) has acted as a presiding arbitrator, sole arbitrator, and co-arbitrator in institutional and ad hoc proceedings under the rules of the GGGI, HKIAC, ICC, ICSID, JAMS, JCAA, KCAB, LMAA, QICCA, SIAC, UNCITRAL, and VIAC. Who’s Who Legal ranks him as a Global Elite Thought Leader (2023, 2024) and, in 2019, he was selected as International Arbitrator of the Year by KCAB International and the Korea Economic Daily. A Member of the ICC Court, he also serves as a Council Member for the ICC Institute of World Business and an Academic Council Member of the Institute of Transnational Arbitration. He was the immediate past President of the Korean Council for International Arbitration (KOCIA). He has been empaneled on the panel of arbitrators for the ICSID, Korea-EU Free Trade Agreement, Korea-US Free Trade Agreement and GGGI, in addition to AIAC, CAA, CAfA, CIETAC, CRCICA, DIAC, eBRAM, HIAC, HZAC, HKIAC, JCAA, KCAB, PIAC, RIMA, SCCA, SCIA, SHIAC, SIAC, and VIAC, and the panel of mediators of HIAC International Mediation Center, KCAB, SIMC, and VMC.  He also sits on the editorial board of International Investment Law and Arbitration (Brill), Asian Journal of Comparative Law (Cambridge University Press), Dispute Resolution International (IBA), Jus Mundi Arbitration Review, and Korean Arbitration Review. His research focuses on international arbitration, international trade and investment, corporate governance and good governance. His treatise International Arbitration In Korea (OUP) received the 11th Simdang International Trade and Business Research Award. He has been a visiting professor at ESADE, Georgetown, Keio, the National University of Singapore, National Law School of India University (Bangalore), University of Florida and University of Hong Kong.

Sara Koleilat Aranjo is a partner in the Dubai office of Morgan Lewis. Ms Aranjo regularly advises and represents clients in arbitration and arbitration-related court proceedings arising from inbound and outbound investments relating to the MENA region across a broad range of sectors, including real estate, construction, energy, technology, M&A, distribution and financial services. She also sits as an arbitrator and acts in mediation proceedings. Ms Aranjo is a member of several professional organizations. Ms Aranjo is a Member of the ICC International Court of Arbitration and serves as a as an expert member of the DIFC Courts’ Arbitration Division Working Group and co-chairs the In-house Counsel Group of the IBA Arbitration Committee. Ms Aranjo is recognized in Who’s Who Legal for her experience in arbitration. She has been listed as one of the 50 Super Lawyers in the MENA region by Thomson Reuters’ Asia Legal Business in 2022 and has been selected as the recipient of the Middle East Rising Star Lawyer of the Year Award by The Association of Corporate Counsel, the American Lawyer and the Legal Week (UK) in 2019. Ms Aranjo is admitted to the New York, Paris and Beirut Bars and registered as a foreign legal consultant in the Emirate of Dubai. She holds an LL.B. from Saint Joseph University, an M.A. in International Business Law from the University of Paris, an M.S. in Finance and Strategic Management from the ESSEC Business School and an LL.M. from Harvard Law School. She speaks English, French and Arabic.

Carolyn Lamm, Partner, White & Case LLP, Chair International Arbitration of the Americas.  Lead Counsel in international arbitrations in ICSID, ICC and other fora and related litigation in U.S. Courts for foreign states, foreign state-owned companies, and foreign corporate entities.  Arbitrator on the ICSID List, first nominated by the United States and by the Government of Uzbekistan.  Served as arbitrator in ICSID proceedings, ICC proceedings, SAIC proceedings, ICDR proceedings, AAA proceedings, etc.  Distinguished Faculty Co-Chair, White & Case LLM International Arbitration at the University of Miami School of Law.  Immediate Past President, American Bar Endowment.  Member, Advisory Council  and previously Governing Board of ICCA; Council of the American Law Institute (elected 1999): Counselor for the Restatement 4th of Foreign Relations; Advisory Committee for the Restatement of International Commercial and Investment Arbitration.  Past President: DC Bar; American Bar Association.  Frequent lecturer and author in the field of international arbitration.  Chairman of the Board of the American-Uzbekistan U.S. Chamber of Commerce. Member Board of Trustees, University of Miami (2020-2023); honorary Professor Tashkent State University, School of Law. 

Jonathan Lim is a partner in the London office of WilmerHale.  He has a broad practice with extensive advocacy experience in commercial and investment treaty arbitrations seated worldwide, including in Singapore, England, Brazil, Hong Kong, the Netherlands, Switzerland, and the United States.  His experience spans numerous industries, including representation of private and sovereign clients in the aerospace, construction, energy, financial services, insurance, pharmaceutical, telecommunications, technology, and retail sectors, among others.  He has also worked on WTO dispute settlement and ECHR matters. Jonathan was recently named by Global Arbitration Review as one of the top “45 under 45” arbitration lawyers globally and ranked by Chambers and Legal 500 as a leading practitioner in WilmerHale’s Band 1 arbitration practice.  Directories describe Jonathan as “an exceptionally gifted lawyer and forceful advocate,” “a consummate professional,” “tireless,” and “a pleasure to work with.”  Others commend his “top-of-the-class legal and strategic advice,” noting that he is “a sure bet as a future global leader.”  Jonathan also frequently sits as arbitrator and teaches arbitration at the NUS law school.  He is Co-Chair of the Asia-Pacific Forum for International Arbitration, a member of the AFSA International Court, and a member of the AIAC Protem Committee, among other appointments.

Dr Ghazal Miyar is the Head of Training and Outreach at Delos, and a member of the faculty on the WAWA Written Advocacy course. She is also an adjunct lecturer at Sciences Po Paris, where she obtained a Ph.D., teaching human rights, international law, and human rights and arbitration. Ghazal consults for various organisations on compliance with human rights obligations, as well as developing trainings on this topic. She is admitted as an attorney to the High Court of South Africa, where she has practiced in the field of dispute resolution for several years, and obtained her LL.B and LL.M at the University of Pretoria.

Dr Olivier Mosimann co-chairs Kellerhals Carrard’s Arbitration Practice Group. He specializes in international commercial arbitration and litigation proceedings and has acted as counsel in numerous arbitration (institutional and ad hoc) and litigation proceedings involving various sectors (including pharmaceutical, chemical, high-tech, energy, construction, consumer goods, financial-service, insurance/reinsurance, maritime, defense and sport sectors) and concerning diverse legal fields (including sales, joint ventures, construction, distribution/franchise, corporate, M&A, IP/IT, public procurement, antitrust/competition and financing). He also regularly sits as arbitrator (presiding, sole and co-arbitrator) and is experienced as emergency arbitrator and as legal expert. In addition, he is a member of Kellerhals Carrard’s Sports Law Group. 

Juan Francisco Nasser is a forensic accountant with more than 20 years of experience. He regularly acts as a quantum and contentious valuations expert in commercial disputes. Juan has given expert testimony over 60 times, both in arbitration proceedings (under ICC, CAM, TAB, TAS/CAS, and ad hoc proceedings) and in judicial proceedings. He has testified in both English and Spanish for disputes with values in excess of €600 million. He also prepares expert determinations in mergers and acquisition disputes. Juan is a corporate development professional and has wide ranging experience in corporate transactions, commercial disputes and investigations. He has been engaged in numerous transactions in Latin America, Europe, Middle East and Asia. Juan’s expertise includes damages analysis, commercial disputes and inquiries involving complex economics, financial, and accounting issues. He has supported corporate clients and their advisors across a variety of sectors from renewable energy and real estate to sports promotion and the media. Juan holds a master’s in financial management and is an accredited evaluation expert by the Spanish Accounting and Business Administration Association. He has lectured on business valuation and mergers and acquisitions in several editions of a master’s degree at a Spanish university.

Claudia O’Brien is a Partner and Head of Africa Operations with HKA, based in Johannesburg, South Africa. She is an admitted Attorney of the High Court of South Africa with over 25 years of experience in the investigations and forensics sectors, covering both the public and private sectors. Before joining HKA, Claudia held a series of senior positions at the Special Investigating Unit and Office of the Auditor-General in South Africa. Throughout her career, Claudia has specialised in the strategic and operational planning and execution of high-profile, complex, multi-disciplinary and multi-agency forensic investigation projects. She has a strong background in the investigation of organised crime, commercial crime, corruption, fraud, maladministration, statutory transgressions etc. and she is experienced in conducting civil and criminal litigation flowing from such investigations.

Nick Panes has over 20 years of experience in the investigations and risk management industry. He has worked alongside the testifying expert on numerous occasions providing forensic analysis and investigative support. Nick has the ability to discover, assess and explain risks to investors. He is fast, accessible and provides great feedback. Nick’s work has focused on investigative assignments, political risk, business intelligence and regulatory compliance, with postings in Mexico City, New Delhi, Sydney and London. He has been involved in arbitral tribunals and court proceedings providing expert witness support and in FCPA related investigations and alter ego assessments. Nick’s career has been split between investigations, post-event problem solving and ongoing risk management consultancy across a wide range of sectors and geographies. He has worked across the full spectrum of projects from strategic advisory work through to tactical support. Nick’s expertise includes fraud and money laundering investigations, anti-corruption risk assessments and consultancy, regulatory compliance system design and audits, business intelligence assignments, pre-transaction due diligence, asset tracing and recovery and digital forensics. He has specialised in complex, cross-border investigations on matters ranging from strategic market entry work and due diligence to sensitive employee misconduct investigations in multiple jurisdictions. Nick is a member of the Association of Certified Anti-Money Laundering Specialists, the Association of Certified Sanctions Specialists and the Association of International Energy Negotiators. He is a recognised Latin America political risk expert and is fluent in English and Spanish.

Karl Payeur leads a team of experts in France to help clients navigate their most complex issues. He has wide experience of Forensic investigation, Compliance, Regulatory, Financial Crime and Forensic technology, having led many high-profile complex global matters during his 25+ year career. In addition, Karl acts as the head of the European Forensic investigation practice. Prior to joining FTI Consulting, Karl was a partner at Deloitte and held a variety of senior leadership roles in different countries, including acting as Deputy to the Global Forensic Leader with responsibility for Europe, Middle East and Africa region. Karl has led large corruption and fraud investigations for international corporations which involved evidence gathering and analysis, complex data and analytics and interviews all over the world. Over the years, Karl had been involved in assisting French lawyers and their clients in collecting, processing and analyzing significant volumes of data as part of internal investigations or in response to regulatory requests in the context of investigations into allegations of wrongdoings such as antitrust behaviour or suspected violations of anticorruption regulations. In addition, Karl provides strategic advice to clients to help anticipate and navigate crises as well as leveraging technology in a constantly changing regulatory environment. Karl is an Expert awarded by Who’s Who Legal (Global Elite Thoughts Leaders for Forensic Accounting, Thought Leaders in France, France Investigations Forensic Experts).

Prof Maxi Scherer is a special counsel in WilmerHale’s Litigation/Controversy Department, and a member of the International Arbitration Practice Group. She has extensive experience with arbitral practice and procedure in civil and common law systems both in commercial and investment arbitration. Regularly ranked by Who’s Who Legal, The Legal 500 etc. as a leading arbitration practitioner, she has been identified amongst the top 20 “Global Elite Thought Leaders” and described by peers and clients as “one of the greatest and most complete arbitrators of her generation,” “a brilliant legal mind,” “one of the most prominent arbitration scholars in Europe,” “excellent academic and arbitrator” and “one of the very best in both commercial and investment arbitration proceedings.”

Vee Vian Thien is a senior associate with Withers LLP, London specialising in international arbitration. She has acted in arbitrations held under a variety of rules (ICC, LCIA, SIAC, HKIAC, UNCITRAL, JCAA, DIFC-LCIA and ICSID) in London, Singapore, Japan, Dubai and Hong Kong. Her experience includes representing clients, both states and companies, in Asia and Europe across a wide array of business sectors, in particular oil & gas, energy, construction, automobile manufacturing, biotechnology and real estate development. Viv also has particular experience of litigation before the English, Indian and Singapore courts, including obtaining anti-suit injunctions in support of arbitration and enforcement of arbitral awards. She is admitted to practise in England & Wales, is a New York attorney and is registered as a foreign lawyer in Hong Kong. Viv is regularly invited to speak at conferences and deliver lectures.

Filipe Vaz Pinto joined Morais LEITÃO in 2002 and became a partner in 2014. He is co-coordinator of the litigation and arbitration department and a member of the firm’s board of directors. He works essentially in international arbitration with a specific focus on arbitrations connected to Portuguese-speaking countries, including Angola, Brasil, Mozambique and Portugal. He acts as counsel in a variety of industry sectors, including aviation, banking, construction, defense, energy, food and beverage, infrastructures, insurance, media and advertising, mining, public-private partnerships, transfers of technology, telecommunications and trusts. He also acts regularly as Arbitrator and has acted as Arbitral Secretary in domestic and international arbitrations. Filipe Vaz Pinto is a Board Member of the Portuguese Arbitration Association, member of the ICC Arbitration Commission and of the Executive Commission of the Portuguese Committee of ICC. He was Vice President of the Commercial Arbitration Center of the Portuguese Chamber of Commerce and Industry (Centro de Arbitragem Comercial da Câmara de Comércio e Indústria Portuguesa).

Hafez R. Virjee is the President and a co-Founder of Delos. Hafez also serves as an independent arbitrator at Virjee Arbitration. He previously acted mainly as counsel. His clients have spanned the range of listed companies, private equity firms, tech start-ups, industrial concerns, State entities and treaty organisations, in disputes across a wide range of sectors and relationships, including shareholder agreements, joint-ventures, agency, M&A, telecommunications, tech, energy, pharmaceutical, construction and defence. Hafez is a solicitor of England & Wales and also qualified in France. He was previously at Dechert in Paris (with a secondment to Dubai in 2015) and prior to that at Freshfields Bruckhaus Deringer in London. He co-edits the Delos Guide to Arbitration Places (GAP) and regularly writes and speaks on international arbitration and legal risk management. He holds degrees from the University of Cambridge (M.A.), the Université Paris II – Panthéon-Assas (Maîtrise) and the University of California – Berkeley (LL.M.). He is listed as an arbitration leader by Who’s Who Legal in multiple categories.