Arbitration / Mediation / Negotiation

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Building the best strategy together so that the judicial route not become an automatic solution.

As a leading expert in transnational and cross-cultural negotiation, BMHAVOCATS assists its clients in resolving their disputes, be they mediation or arbitration proceedings, , institutional or ad hoc. Thanks to its in-depth knowledge of the principles of interest-based negotiation, BMHAVOCATS favors and negotiates settlement agreements in the interest of its clients on a national and international level.

In an international context in which arbitration has become the usual method for resolving conflicts, BMHAVOCATS seeks out and proposes to its clients multi-phase dispute resolution clauses in which arbitration is used only as a last resort. These alternative solutions are aimed at re-establishing a dialogue and preserving, under the best possible conditions, the professional relationship between the parties. Our strategies are intended to be optimised and combative. They rely on controled argumentation and involve an understanding of the psychological and emotional environment of our clients.

Through its publications the firm regularly contributes to furthering research on the subject of arbitration and mediation.

BMHAVOCATS’ fields of expertise include the following:

  • defining the strategy to resolve a dispute based on the interests of our clients, taking into account negotiation, mediation and international arbitration,
  • developing negotiation strategies,
  • drafting tailor-made clauses for the resolution of conflicts,
  • supporting parties in the capacity of counsel during mediation,
  • missions as mediator (judicial or contractual missions),
  • representing parties in the capacity of counsel during arbitration proceedings (institutional and ad hoc),
  • missions as arbitrator (institutional and ad hoc arbitration),
  • enforcement of arbitral awards and setting aside proceedings against arbitral awards,
  • litigation before State courts, including during arbitration proceedings (juge d’appui, jurisdictional objections) .

Fields of intervention:

  • Construction (international construction contracts, FIDIC contracts)
  • Aeronautics
  • Luxury, art, music and sport (licensing contracts)
  • Research and development, inventions
  • IT and telecommunications
  • Environment and Energy (waste recycling, water treatment plant, wind farm)
  • Purchasing/sales contracts (machines, production equipment, armament, medical equipment, computers/software)
  • Agency and distribution contracts
  • Mergers and acquisitions

Recent missions:

  • Counsel for a Russian employer in an ICC Arbitration against a Seychelles contractor in a hotel construction dispute in the Seychelles; claims and counterclaims in excess of 35 million Euros,
  • Sole Arbitrator in an ICC Arbitration between a Spanish consultant and the Romanian Road Authority as employer about the construction of a motorway in Romania; claims and counterclaims in excess of 30 million Euros,
  • Sole Arbitrator in an UNCITRAL Arbitration administered by the PCA Secretariat between a Russian constructor and an African State on a dam project; claims and counterclaims quantified at 125 million Euros,
  • Co-Arbitrator in an ICC Arbitration between a German contractor and its French sub-contractor arising out of a contract for the construction of 5 electric power plants in the Caribbean islands; claims and counterclaims in excess of 25 million US-Dollars,
  • President in an ICC Arbitration between a French contractor and its Czech sub-contractor regarding the construction of a chemical plant; claims and counterclaims in excess of 30 million Euros,
  • Sole Arbitrator in an ICC Arbitration between a French manufacturer and a Togolese phosphate producer regarding a flat conveyor; claims and counterclaims in excess of 10 million Euros,
  • Counsel in an ICC Arbitration between a German wind turbine producer and a Dutch wind park promoter; claims and counterclaims in excess of 10 million Euros,
  • Sole Arbitrator in an ICC Arbitration between an Austrian manufacturer and a Togolese phosphate producer regarding open mine equipment; claims and counterclaims in excess of 58 million Euros,
  • President in a DIS Arbitration between a Swiss pharmaceutical company and a Bulgarian generics producer; claims and counterclaims in excess of 2 million Euros,
  • Mission as Mediator in the field of telecommunications with an amount in dispute of EUR 130 million.
  • Negotiation and Mediation missions in the luxury and design sector.

Classification “LEGAL 500 Paris” Recommended “Dispute Resolution – International arbitration”
Classification “LEGAL EMEA” : Recommended “Dispute resolution – International arbitration”
Classification “Décideurs”  : Quality practice