Nadia Darwazeh
Nadia Darwazeh is a Partner and Head of Arbitration of Clyde & Co's Paris office. Nadia has extensive experience acting as counsel in commercial and investor-state arbitrations. She also regularly and sits as arbitrator. Before joining Clyde & Co, Nadia practiced for two decades in the International Arbitration Groups of leading international law firms in Paris, Shanghai, Frankfurt and London and as Counsel at the ICC, where she headed up the Europe, Middle East and Africa team.
Nadia is dual-qualified in England & Wales (Solicitor-Advocate) and Germany (Rechtsanwältin). She earned her LLM in International Public Law from the University of Cambridge and her LLB from the University of Warwick. She conducts arbitrations in French, German and English and speaks Dutch and Mandarin Chinese.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2000
Experience
- Curtis, Mallet-Prevost, Colt & Mosle LLP (Paris) (2012 - 2018)
- Counsel –Europe, Africa and Middle East, ICC Court of Arbitration (Paris) (2009 - 2012)
- Counsel –O’Melveny & Myers LLP (Shanghai) (2006 - 2009)
- Associate, Shearman & Sterling LLP and Jones Day LLP (Frankfurt, Paris) (2000 - 2006)
Qualifications
- LPC (1997)
- LLM in International Public Law (1996)
- LLB (1995)
Education
- College of Law, London (1997)
- University of Cambridge (1996)
- University of Warwick (1995)
5 Contributions by Nadia Darwazeh
PRACTICE NOTES
Corruption and Money Laundering in International Arbitration: Red Flags, Tribunal Duties, Jurisdiction, Admissibility and Merits, Applicable Law, Proof Standards, and Award Enforceability
Synopsis:
The World Economic Forum estimates corruption costs at least US$2.6tn, equalling no less than 5% of global GDP. Some jurisdictions forfeit as much as 17% of their GDP to corruption (Valle, Martim Della & Schilling de Carvalho, Pedro, ‘Corruption Allegations in Arbitration: Burden and Standard of Proof, Red Flags, and a Proposal for Systematization’, Journal of International Arbitration 39, no 6 (2022)). Losses linked to trade-based money laundering in developing nations reached US$9tn between 2008 and 2017. Yet corruption’s effects go far beyond economics. It penetrates society, curbing growth and development, while weakening consent, democracy, and the rule of law. Arbitrators play a vital part in confronting corruption and money laundering in international arbitration. This Practice Note is intended to help identify and understand how best to address corruption and money laundering questions in arbitrations. Its step-by-step method briefly highlights the central issues that must be weighed to deliver an enforceable award: from uncovering illicit activities and determining the steps required to deal with them, through to considering...
Arbitration
PRACTICE NOTES
France: Competence-competence, challenges to arbitral jurisdiction pre- and post-award, waiver, and enforcement of arbitration anti-suit injunctions (West Tankers; Gazprom)
This Practice Note outlines France’s approach to contesting the authority of arbitral tribunals before the French courts, as well as measures relating to anti-suit injunctions in the arbitration context. Please note that the French decisions cited below are not published by LexisNexis® UK...
Challenging the jurisdiction of arbitral tribunals in France
The applicable framework varies according to whether the objection is brought prior to, or following, the making of the arbitral award...
Challenging the jurisdiction of arbitral tribunals before the arbitral award is rendered
Under French law, until an award has been issued, it falls to the arbitral tribunal to decide if it has competence to adjudicate the dispute. This is the competence-competence principle. It is commonly viewed as comprising both a positive and a negative limb. Its positive limb is embodied in article 1465 of the French Code of Civil Procedure (FCCP), which states that the arbitral tribunal alone has exclusive power to rule on challenges to its own jurisdiction...
Arbitration
PRACTICE NOTES
Interim Remedies in France-Seated Arbitration: Tribunal Powers, Available Relief, Limitations and Enforcement as Awards
This Practice Note outlines the interim remedies available to arbitral tribunals seated in France. For analysis of measures obtainable from French courts in aid of arbitration, see Practice Note: Interim remedies granted by French courts in support of arbitration proceedings.
Power of arbitral tribunals seated in France to grant interim remedies
Article 1468, paragraph 1 of the French Code of Civil Procedure (FCCP) expressly vests arbitral tribunals seated in France with authority to order interim relief. It provides that a tribunal may, on terms it sets and, where necessary, backed by a fine, impose any conservatory or provisional measure it considers appropriate. On this basis, a tribunal may:
Order whatever interim remedy it judges suitable;
Determine the conditions governing that remedy;
Attach, if required, a penalty to secure the remedy’s effectiveness.
That said, article 1468, paragraph 1 FCCP carves out an important exception: tribunals lack jurisdiction to order conservatory attachments and judicial securities. The provision makes clear that only the State courts are competent to grant conservatory attachments and judicial securities...
Arbitration
PRACTICE NOTES
Recognition, Exequatur and Enforcement of International Arbitral Awards in France: Procedure, Public Policy, Appeals, Court Jurisdiction and Execution Measures
This Practice Note explains the steps and prerequisites necessary for securing recognition and enforcement of international arbitration awards in France, namely international arbitral awards made in France and those delivered abroad. Please note: the French decisions mentioned are not reported by LexisNexis® UK. The rules applicable to the recognition and enforcement of international arbitral awards appear in Book IV of the French Code of Civil Procedure (FCCP), which sets the legal framework. It outlines the procedure to follow in practice.
Procedure and conditions to obtain the recognition and enforcement of international arbitral awards in France
International arbitral awards are enforced through an enforcement order (ordonnance d’exequatur) granted by the judicial court (tribunal judiciaire) at the seat of the award for international awards made in France, or by the judicial court (tribunal judiciaire) of Paris for awards rendered overseas. The application is dealt with on an ex parte basis by the court.
Under Article 1514 FCCP, an international arbitral award shall be recognised and enforced in France provided that:
the applicant establishes the existence of the award; and
its recognition or enforcement is not plainly incompatible with international public policy
As regards the first requirement, the existence...
Arbitration
PRACTICE NOTES
State immunity in France-seated arbitration: jurisdiction and enforcement, waiver, Cour de Cassation case law, and the Sapin 2/FCCEP enforcement framework
This Practice Note examines how state immunity affects arbitration proceedings with their seat in France. For a broader overview of state immunity in arbitration, consult Practice Note: State immunity and arbitration—general considerations. For guidance across multiple jurisdictions, see the State immunity subtopic: State immunity—overview...
Note: the French authorities cited below are not reported by LexisNexis® UK...
The notion of state immunity in France: general principles
French law recognises two categories of state immunity:
State immunity from jurisdiction—this doctrine bars a court or tribunal from assuming jurisdiction over a state that enjoys such immunity. The applicable rules are developed through case law. French courts at times look to the United Nations Convention on Jurisdictional Immunities of States and Their Property dated 2 December 2004 as a persuasive point of reference...
State immunity from enforcement—this principle prevents a court or tribunal from enforcing an award or judgment against assets belonging to the immune state...
Arbitration
If you expected to see yourself on this page, click here.
