Marc Robert

Counsel
Norton Rose Fulbright LLP


Biography

Marc Robert is a dispute resolution lawyer based in Paris. He focuses on complex litigation, international arbitration and ADR.

Marc has a breadth of experience in cross-border disputes, particularly in the in the energy, mining and financial services sectors. He also focuses his practice on advising clients regarding their disputes in African jurisdictions, in particular in the OHADA region.

Marc has court experience in various proceedings including standalone and ancillary litigation, enforcement proceedings, injunctive relief and investigations led by court-appointed forensic experts.

Marc has been involved in and led teams pursuing and defending claims under the arbitration rules of the major arbitrational institutions, including: the ICC, the ICSID, and ad hoc arbitrations under the UNCITRAL rules.

Marc's work also includes white-collar criminal matters.

 


Professional experience

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LL.M., McGill University, Canada

Master's in International Law, Panthéon-Sorbonne University, France

Diploma of the Institute of Higher International Studies (IHEI), Panthéon-Assas University, France

  • Avocat au Barreau de Paris 2010

Arbitration

  • Mining company – represented in ICC arbitration proceedings and the courts of a Central African State to challenge a USD 1.2 billion court payment order and attempts to dissolve a joint-venture 
  • Mining company – represented in ICSID arbitration proceedings against a West African State 
  • Oil&Gas company – represented in ICC arbitration against a Central African State 
  • Major financial institution – represented in ICC arbitration proceedings (in France and abroad) in the context of export credit transactions 
  • South-African group – represented in a dispute before the courts of an OHADA Member State in relation to a class action brought by 259 alleged former employees 
  • Leading engineering group – represented in ICC arbitration proceedings regarding an EPC contract for the construction of oil and gas facilities 
  • Canadian company – represented in the recognition and enforcement proceedings of an ICSID award rendered in its favor against a South American State 
  • Global mining group – represented in ICC arbitration proceedings against a state-owned company of an OHADA Member State regarding their respective rights under a joint venture agreement
  • Mining company – represented in an ICC arbitration regarding performance of drilling services in a Central African State, involving complex expert determination issues
  • Leading engineering and construction Canadian company – represented in the context of an UNCITRAL arbitration against the Government of a West African country and a development agency of the US Government in relation to the modernization of the main airport of the country
  • Major telecom group – represented in an ICC arbitration against the minority shareholder of a joint venture in an OHADA Member State, whose behaviour had put the company and the entire investment at risk
  • Canadian group – represented in the paper industry regarding a post M&A ICC arbitration involving expert determination regarding the value of the shares 
  • Mauritanian transport company – represented in arbitration proceedings against a major shipping company in relation to a delivery of commodities from Pakistan to Mauritania and the release of the cargo by the port authorities of Nouakchott in Mauritania
  • Global insurance group – represented in ICC arbitration, including emergency arbitration proceedings, against the majority shareholders of the holding company of a group of companies in the banking and insurance sector
  • Canadian aircraft manufacturer – represented in recognition and enforcement proceedings of an ICC award rendered in its favor against a EU Member State

Litigation

  • Major financial institutions – represented on a regular basis in court or arbitration proceedings (in France and abroad) in the context of export credit transactions and enforcement of commercial bills 
  • Electricity transmission system operator – represented in contractual disputes before the Paris courts with regard to the electricity reserve exchange market or the balance responsible regime
  • Major financial institution – represented against its former shareholder and asset manager  following the termination of the asset management agreement
  • Real estate and hotel group operating hotels in Dakar, Bamako, Abidjan, Conakry, Libreville, Johannesburg etc. – represented against its former president regarding inter alia share value determination
  • Leading company in water, hygiene and energy products and services – represented on a regular basis for product liability investigations conducted by court appointed experts
  • Various industry sectors (energy, insurance, construction) – regularly advising and representing  on post M&A and seller's liability guarantee disputes before the French Courts, often involving expert determination proceedings
  • Mining group and its local subsidiaries – represented for a multi-jurisdictional dispute involving commercial and criminal claims in several OHADA countries and before the Ohada Common Court of Justice and Arbitration (CCJA)
  • Leader in the energy sector – represented in a dispute before the Paris court of appeal for the late delivery of LNG carriers
  • Chemical company – represented in a dispute before the Paris court of appeal for allegations of unfair competition of 21 products
  • Global brewing company – represented against its former distributor regarding termination of their distribution agreement
  • Bed manufacturer – represented against its former distributors following termination of their distribution agreement
  • Sellers of wind farms and other energy facilities – represented in a post M&A dispute and claims for enforcement of liability guarantee
  • Telecom company – advised on counter-enforcement strategies in the context of several proceedings initiated by the other shareholder of a joint venture in Benin before the courts of Cotonou (Benin), the Ohada Common Court of Justice and Arbitration (CCJA) in Abidjan, as well as before an ad hoc arbitral tribunal

White-Collar

  • Major financial institution – represented before the the criminal courts in a West African country in relation to allegations of fraud and money laundering
  • Major financial institution and its directors – represented in relation to criminal investigations for abuse of power
  • Mining group – represented before criminal courts in a West African country in relation to customs and tax issues around the sale of products containing precious metals
  • Director of a company prosecuted by criminal authorities – represented in the context of the collapse in 2009 of the stage that was being built for a Madonna's concert in Stade Vélodrome of Marseille
  • Group of companies prosecuted before the Paris criminal court – represented for indirect advertising of tobacco
  • Oil producer – represented in the context of criminal investigations following the death of a third-party employee in one of their site

 

Member of the Paris Bar since 2010

  • English
  • French
  • Portuguese