International Arbitration

 Download Independent Arbitrator CV in pdf

Professor Georges Affaki is a Chartered Arbitrator and a member of the ICC International Court of Arbitration by appointment of the World Council on the proposal of the President of the Court.

Empaneled as arbitrator with the leading international arbitral institutions on five continents:

– Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC).
– Australian Centre for International Commercial Arbitration (ACICA).
– Bahrain Chamber for Dispute Resolution (BCDR-AAA).
– Belgian Centre for Arbitration and Mediation (CEPANI).
– Cairo Regional Centre for International Commercial Arbitration (CRCICA).
– Chartered Institute of Arbitrators (CIArb).
– Deutsche Institution für Schiedsgerichtsbarkeit e.V. (DIS).
– Dubai International ArbitrationCentre (DIAC).
– DIFC-LCIA.
– Hong Kong International Arbitration Centre (HKIAC).
– International Centre for Dispute Resolution (ICDR).
– International Chamber of Commerce (ICC).
– International Centre for Settlement of Investment Disputes (ICSID) ballot list.
– Jerusalem Arbitration Centre (JAC).
– Kuala Lumpur Regional Centre for Arbitration (KLRCA).
– London Court of International Arbitration (LCIA).
– Pacific International Arbitration Center (PIAC).
– Permanent Court of Arbitration (PCA).
– P.R.I.M.E. Finance.
– Russian Arbitration Association (RAA).
– Saudi Centre for Commercial Arbitration (SCCA).
– Singapore International Arbitration Centre (SIAC).
– Tehran Regional Arbitration Centre (TRAC).
– Thailand Arbitration Centre (THAC).
– Vienna International Arbitration Centre (VIAC).

Professor Georges Affaki is a Fellow of the Chartered Institute of Arbitrators (CIArb) and a Fellow of the Australian Centre for International Commercial Arbitration (ACICA). He was ranked in the 2016 Guide to the World’s Leading Experts in Commercial Arbitration.

Recent arbitral appointments include:

• Chairman of the arbitral tribunal in ICSID Case No. ARB/16/16, Global Telecom Holding S.A.E. v. Canada.
• Chairman of the arbitral tribunal in an HKIAC consolidated case in relation to a series of multiparty, multi-contracts disputes arising under a private equity investment in the energy sector  (applicable law: Hong Kong, seat: Hong Kong).
• Chairman of the arbitral tribunal in an ICC case in relation to consolidated arbitrations arising under a multi-contract construction dispute (applicable law: UAE, seat: Abu Dhabi).
• Chairman of the arbitral tribunal in an ICC case in relation to a series of multiparty, multi-contract disputes arising under a private equity investment in the education sector (applicable law: French, seat: Paris).
• Chairman of the arbitral tribunal in a Cairo Regional Center for International Commercial Arbitration (CRCICA) case in relation to a dispute relating to an Egyptian law-governed license operation and gas distribution agreement between a State instrumentality and a foreign-controlled private operator (proceedings conducted and award issued in Arabic – applicable law: Egyptian, seat: Cairo).
• Chairman of the arbitral tribunal in a DIAC case in relation to a dispute relating to a series of property development and construction agreements (Arabic-English bilingual proceedings – applicable law: Dubai, seat: Dubai).
• Sole arbitrator in an ICC case in relation to a dispute arising out of a settlement agreement in relation to a distribution agreement involving the interpretation of a bilateral tax treaty (applicable law: Brazil, seat: Paris).
• Sole arbitrator in an ICC case in relation to a dispute arising out of a series of contract for the design, construction, expansion and development of several terminals in an international airport (applicable law: Saudi, seat: Dubai).
• Sole arbitrator in a DIFC-LCIA case in relation to a dispute arising out of a solar power project (applicable law: Egypt, seat: Dubai).
• Sole arbitrator in an ICC case in relation to a dispute arising from a ship terminal and grain warehouse construction and operation project (applicable law: Iranian, seat: Paris)
• Sole arbitrator in a DIAC case in relation to a dispute arising out of military procurement agreements performed in a major war zone (applicable law: Dubai, seat: Dubai).
• Sole arbitrator in a BCDR-AAA case in relation to a dispute relating to a series of IT agreements for financial trading (applicable law: Bahrain, seat: Manama).
• Sole arbitrator in an international ad hoc case in relation to a dispute under a humanitarian relief contract (applicable law: general principles of law, seat: London).
• Party-appointed arbitrator in an ICC case concerning a dispute under a complex industrial dismantling, transfer and construction series of agreements (applicable law: French, seat: Paris).
• Party-appointed arbitrator in an ICC case concerning a dispute under a series of consulting agreements involving an international corruption investigation (applicable law: Swiss, seat: Geneva).
• Party-appointed arbitrator in an ICC case concerning a dispute under discount agreements in the context of a bank resolution scheme in the EU (applicable law: French, seat: Paris).
• Party-appointed arbitrator in an ADCCAC case concerning a dispute under an Islamic banking service agreement (applicable law: UAE, seat: Abu Dhabi).
• Party-appointed arbitrator in an ad hoc case concerning a dispute under a joint venture agreement in relation to a real estate investment (applicable law: French, seat: Paris).
• Sole arbitrator in an ad hoc case in relation to a dispute under a banking service agreement (applicable law: French law and international standard banking practice, seat: Paris).

Counsel and Expert Appointments of Professor Affaki
Lead counsel, co-counsel or Tribunal or party-appointed expert in  international commercial and investment arbitral and judicial proceedings, including:

– An ICC case in relation to the consequences on a major FIDIC construction contract of the UN embargo on Iraq (applicable law: Iraqi and comparative Arab laws applicable to construction contracts and civil liability).
– A series of ICC cases involving the taking of an investment in the energy sector (applicable law: international customary law, relevant investment treaty, Libyan law of contracts, damages, and force majeure).
– A PCA case involving the taking of an investment in the power sector (applicable law: international customary law, relevant investment treaty, Syrian law of contracts, damages, and force majeure).
– An HKIAC case involving multiple guarantees and counter-guarantees issued under Russian and Chinese laws and incorporating the ICC Uniform Rules for Demand Guarantees.
– A case before the United States federal courts in relation to the law and banking practice of determining interest rates in France, involving the submission of an expert report.
– A case before the High Court (England) in relation to financial market regulation, international corruption and anti-money laundering regulation in the banking sector.
– A case before the Commercial Court in Paris in relation to the determination of the legal nature of bank guarantee (applicable law: French law, ICC rules incorporated), involving the submission of an expert report.
– A case before the Court of Appeal of Stockholm, subsequently appealed before the Swedish Supreme Court, in relation to the international practice of bank guarantees, involving the submission of multiple expert reports.
– A case before the courts of Shanghai involving the submission of an expert report on the law and practice of international bank guarantees.
– A case before the courts of Hangzhou (PRC) involving the submission of an expert report on the law and practice of international bank guarantees, presenting oral arguments to the court and being cross-examined by counsel.
– A case before the courts of Vienna (Austria) involving the submission of an expert report on the law and practice of negotiable instruments drawn in relation to a documentary credit governed by ICC rules.

Other Alternative Dispute Resolution
• Chairman or member of ICC adjudicatory panels in international banking dispute resolution mechanism DOCDEX in cases No. 205, 207, 214, 219, 226, 236, 240, 246, 257, 261, 266, 272, 280 and 315 (applicable law: ICC rules and international standard banking practice).
• Mediator in a multiparty dispute between banks acting as counter-guarantors or guarantors and the partners of a consortium acting as applicant in relation to the payment of a chain of international bank guarantees

French Committee on Arbitration
• Chairman of a bipartisan (banker-arbitrator) international working group on arbitration in banking and financial matters. The Group presented publicly its report at a hearing at the Court of Appeal of Paris on 26 June 2014.

View Report (in French)

ICC Commission on Arbitration and ADR
• Co-chairman of the Task Force on Financial Institutions and International Arbitration (officially launched on 30 June 2014).

Other ICC Projects
• Chairman of the ICC Documentary Dispute Resolution by Expertise (DOCDEX) rules revision group, a joint task force between the Commission on Arbitration and the Banking Commission. Rules unanimously adopted by the ICC Arbitration Commission on 18 October 2014 in Tokyo, by the ICC Banking Commission on 6 November 2014 in Istanbul and entered into force on 1 May 2015.
http://www.iccwbo.org

Paris Europlace
• Chairman of the Working Group on Applicable Law and Dispute Resolution in Islamic Finance. The Group delivered its report in June 2009. The report was translated into English and Arabic and has been the subject of a number of articles and comments in law reviews.
View Islamic Finance Report (English)
View Islamic Finance Report (French)
View Islamic Finance Report (Arabic)

International Swap and Derivatives Association (ISDA)
• Advisor to the ISDA Financial Law Reform Committee on the ISDAfied arbitration clauses, adopted in 2013 as supplement to the ISDA Master Agreement for derivatives. Member of the ISDA Arbitration Group.