AREA OF PRACTICE

Litigation & Arbitration

Biography

A French Avocat, Hervé Le Lay is a partner in Brown Rudnick's Litigation & Arbitration Department. He is based in the Paris office. His focus is on International Arbitration and Litigation.

He acted as counsel in numerous arbitration proceedings both institutional (ICC, SCC, LMAA, etc.) and ad hoc (UNCITRAL) and before State courts. He often assists clients at a pre-litigation stage, including in mediations/conciliations.

Assisting private entities or States, Hervé Le Lay has particularly gained experience in disputes relating to mining, energy, infrastructures, construction, telecoms, financing, insurance-reinsurance, media, international distribution and sales, joint ventures and shareholders agreements.

He also has a vast experience in sport-related arbitration (disciplinary, regulatory and commercial disputes) before the Court of Arbitration for Sports as well as before the French CNOSF and non-specialized arbitral institutions (ICC).

Hervé Le Lay has experience in International Trade Law and assisted in proceedings before the WTO and the European Commission.

Prior to joining Brown Rudnick, Hervé Le Lay practiced in the Paris and Brussels offices of Gide before joining French boutique Lacourte to participate to the setting up and development of its International Arbitration practice.

Hervé Le Lay’s native language is French, but he is also fully proficient in Spanish, with a double degree in French and Spanish law from Université Paris Ouest Nanterre. Hervé has lived in Latin America (Brazil and Panama). He is also fluent in English and has an elementary knowledge of Portuguese.

Click here for full biography in French

Representation

ARBITATION & MULTIJURISDICTIONNAL DISPUTES:

Counsel to a major European pipeline joint venture in four arbitrations against certain of its shareholders-users relating to violations of their obligations as per the joint venture’s bylaws and abrupt termination of business relations (4 ICC arbitrations)

Counsel to a Turkish reinsurance company in a dispute against a Danish Insurance company regarding reinsurance treaties (ad hoc arbitration, English Arbitration Act)

Counsel to an Australasian company in a dispute with its local partner over a mining joint venture in North Africa (ICC arbitration, ICC emergency arbitrator, Tunisian courts).

Counsel to a European automotive company in a dispute with its agent in a North African country over a consultancy agreement (ICC arbitration).

Counsel to a household name in broadcasting in the MENA region in an ICC arbitration against a MENA satellite broadcaster regarding violations relating to the sale of major sporting TV rights, licensing, marketing and broadcasting agreements over 22 countries. (ICC arbitration).

Counsel to a Panamanian shipping company in a dispute relating to the termination of 8 charter-parties (8 LMAA arbitrations).

Counsel to a Chinese company in a dispute relating to a contract for the provision and installation of a steel furnace (SCC arbitration).

Counsel to a French telecom company in a dispute regarding software licenses against a European operator (ad hoc UNCITRAL arbitration).

Counsel to Jordanian and Saudi investors in a dispute relating to a partnership with a public company in the construction and maritime transport sector (ICC arbitration, Malaysia, Greece, France and Algeria courts).

Counsel to an investor in multiple disputes relating to a telecom project in Africa (ICC arbitration 3 ICC mediations, Caiman Island and Equatorial Guinea courts).

Counsel to a French bank in a dispute relating to the financing of the construction and operation of a hospital in Saudi Arabia (ICC arbitration, Syria, Switzerland and Saudi Arabia courts).

Counsel to an automotive constructor in a dispute relating to a distribution contract in Iraq (Iraqi courts).

Counsel to an oil/petrochemistry major in a dispute against a client /partner regarding consequences of a fire in a petrochemical complex (Paris Court of appeal).

Counsel to a French telecom company in a post-arbitral dispute against minority shareholder in one of its foreign subsidiaries over the conduct and settlement of a major UNCITRAL investment arbitration against the local government (Paris Commercial Court and Paris Court of Appeal).

Counsel to a Latin-American State in a dispute relating to the withdrawal of a mining concession (ICC arbitration)

Counsel to an African government in a dispute relating to the termination of mining and infrastructure concession contracts (ICC arbitration).

Counsel to an African government in a dispute relating to a mine exploration and operating contract (ICC arbitration).

SPORT:

Ad hoc Clerk in over 15 proceedings before the Court of Arbitration for Sports (CAS arbitrations), including matters of doping, sport federation election challenge, professional soccer player transfer, disciplinary, athletes and coach employment, financial fair play, compliance of international federations regulations with EU law (Financial fair play, third party oxnership).

Counsel to a Racing team against a national sports federation in a conciliation before the French National Olympic Committee regarding final rankings of the national cup (CNOSF conciliation).

Counsel to a household name in broadcasting in the MENA region in an ICC arbitration against a MENA satellite broadcaster regarding violations relating to the sale of major sporting TV rights, licensing, marketing and broadcasting agreements over 22 countries. (ICC arbitration).

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INTERNATIONAL TRADE:

Counsel to an Asian State in WTO dispute relating to measures affecting cultural goods (WTO Dispute Settlement Mechanism).

Counsel to a European business association in a WTO dispute regarding custom measures in the agri-food sector brought against the EU, submission of an Amicus Curiae before the WTO Appellate Body (WTO Dispute Settlement Mechanism).

Counsel to a European business association in a EU trade defense proceeding against multiple restrictive trade measures affecting European cosmetics and perfumes in a Latin American State (EC Regulation No. 3286/94 proceeding).

Education

University of Paris I – Panthéon Sorbonne / Institut d’Etudes Politiques de Paris ("Sciences Po") - M.A. (DESS) Law and Global Economics, 2004
Institut d’Etudes politiques de Paris ("Sciences Po") - M.A., 2003
University of Paris X – Nanterre - Degree in Spanish Law, 2002
University of Paris X – Nanterre - B.A. French Law and Spanish, 2001

Bar Admissions

Paris, France

Languages

French
Portuguese
Spanish
Publications
Speaking Engagements
Professional Affiliations
Please click here for full bio in French