Mohamed Shelbaya is a partner in Shearman & Sterling’s International Arbitration practice.
He is based in Paris and has represented companies, States and State-owned entities in more than 40 commercial and investment treaty disputes, with a particular focus on arbitrations in the oil & gas sector and/or arbitrations involving interests in the Middle East. He also has extensive experience advising energy companies regarding their contractual portfolio as well as negotiating on their behalf with their major upstream and downstream counterparties. He advises the Egyptian government on the liberalisation of the Egyptian gas market and the restructuring of the Egyptian petroleum sector.
Clients quoted in Global Arbitration Review have described Mohamed as “a brilliant lawyer, who understands how each case involves different interests, priorities, concerns and goals and has a pragmatic approach, perfectly balancing legal and commercial considerations” and as “an outstanding strategist, with excellent analytical skills and a unique ability to come up with innovative solutions to solve difficult problems.” Chambers Global and Legal 500 reported that clients describe Mohamed as “persuasive and very smart” and “an excellent negotiator” who “thinks outside the box.” Mohamed is also featured in Who’s Who Legal: Arbitration – Future Leaders 2018. The publication, which is based upon an independent survey of general counsel and private practice lawyers worldwide, profiles the foremost practitioners in the global arbitration community aged 45 and under, and notes that Mohamed “has the ability to turn prima facie losing points into winning arguments. He is quick and very professional.”
- An African petrochemical company in a dispute with a North American company. The dispute arises from a Marketing and Off-Take Agreement governed by English law. The contract provides for ICC arbitration in Paris. USD 1.2 billion is at stake.
- Two Egyptian State-owned entities in a USD 6 billion ICC arbitration in Geneva and a USD 4 billion CRCICA arbitration in Cairo arising out of a long-term gas supply contract relating to the export of Egyptian gas to Israel. English law applied to both arbitrations.
- The Arab Republic of Egypt as Respondent in two investment arbitrations concerning alleged violations under the Egypt-Poland, Egypt-U.S. and the Egypt-Germany bilateral investment treaties. The alleged investment concerns a long-term contract for the supply of natural gas. Around USD 2 billion was claimed.
- Egyptian Natural Gas Holding Company (EGAS) as a Respondent in an ICC arbitration in Paris initiated by Spanish Egyptian Gas Company S.A.E. (SEGAS). The dispute arose from a tolling agreement. English law applied. In a precedent-setting award on the English law of assignment, the ICC Tribunal dismissed all claims against EGAS.
- A Middle Eastern State-owned entity as Respondent in two CRCICA arbitrations initiated by Union Fenosa Gas (UFG) in Cairo and Madrid, respectively. The arbitrations which involve claims in excess of USD 3 billion, arose from a long-term gas supply agreement and Egyptian law applies.
- A Middle Eastern company in an ICC arbitration in Doha against a Middle Eastern energy company. The dispute arises from a long-term gas supply agreement. Qatari law applies.
- A Middle Eastern manufacturer of industrial chemicals in a dispute with a European company arising from a contract for the commercialization and sale of a chemical produced by our client. The contract was governed by Swiss law (and for certain matters Egyptian law) and subject to ICC arbitration in Zurich.
- A Middle Eastern State-owned entity in two disputes with two Middle Eastern States arising from the performance of two long-term gas supply agreements.
- The Dow Chemical Company in an ICC arbitration in London against Petrochemical Industries Company (PIC) arising out of the failure of the latter to close a large joint venture transaction. English law applied. Dow was awarded more than USD 2.47 billion.
- The Arab Republic of Egypt as Respondent in an ICSID arbitration initiated by Hussain Sajwani, Damac Park Avenue for Real Estate Development S.A.E., and Damac Gamsha Bay for Development S.A.E. (ICSID Case No. ARB/11/16). The dispute arose from land development projects.
- The Arab Republic of Egypt in an ICSID arbitration initiated by Bawabet Al-Kuwait Holding Company (ICSID Case No. ARB/11/6). The claim was brought under the Egypt-Kuwait bilateral investment treaty.
- A Middle Eastern State-owned entity as Respondent in an ICC arbitration in Stockholm relating to the consequences of the Arab Spring on the Parties’ ability to perform an oil concession agreement. A favorable settlement for 20% of the amount claimed was reached.
- An oil & gas contractor in a dispute arising out of the breach by three Asian State-owned entities of two oil concession agreements.
- The subsidiary of a Middle Eastern conglomerate as Claimant in an ICC arbitration in London against a Bangladeshi conglomerate. The dispute arose from the breach of a sales contract. English law applied. The Arbitral Tribunal granted our client pre-award interest at the unprecedented rate of 8.5% and post-award interest at the rate of 8%.
- The subsidiary of a Middle Eastern conglomerate as Claimant in an ICC arbitration in London against one of its distributors. The dispute arose out of the breach by the Respondent of a supply agreement. English law applied. A favorable settlement was reached.
- A Middle Eastern company in a dispute arising out of the breach by a Syrian contractor of an oil concession agreement.
- A Qatari development company in an ICC arbitration in Doha initiated by a Qatari construction contractor. The dispute arose from a major urban development project in Qatar. Qatari law applied.
- A Middle Eastern company as Respondent in two ICC arbitrations in Paris initiated by a European bank. The dispute arose from the termination of a facility agreement granted by the Claimant for the construction and management of a high standard hospital in the Middle East, as well as from the guarantee relating to the construction agreement. French law applied.
- A major bank in connection with claims of approximately USD 1 billion aimed at recovering losses arising from derivative positions during the 2008 financial crisis.
- A Middle Eastern businessman in an ICC arbitration in Geneva related to the dissolution of a long-standing family partnership governed by Kuwaiti law. Over USD 2.3 billion are at stake.
- Four Middle Eastern and Asian companies as Respondents in an ICC arbitration in Singapore against 12 Asian Claimants. The dispute concerned a shareholders’ agreement. Over USD 5 billion was in dispute and the dispute was subject to Korean law.
- An international joint venture in an ICC arbitration against a Middle Eastern State-owned company. The dispute arises from a contract for the design & build of a major infrastructure project in the Middle East. Approximately USD 600 million is at stake. The law of the Respondent State applies.
- Two international construction contractors as Respondents in an ICC arbitration in London initiated by a Middle Eastern State-owned company. The dispute concerns the development of a world-class medical facility in the Middle East. The law of the Claimant’s State applies.
- Advising the Egyptian Ministry of Petroleum on how to restructure the corporate structure of Egypt’s oil and gas sector.
- Advising on the legal instruments aiming at liberalising the Egyptian gas market, allowing private companies to import, buy, transport and sell natural gas, including advising on the relevant legislation to be enacted and on the code that will govern the use of the national grid by private parties.
- Advising energy companies regarding their contractual portfolio.
- Negotiating on behalf of energy companies with their major upstream and downstream counterparties.
Magister Juris (Weidenfeld Scholar)
Université Paris I Panthéon-Sorbonne
Master 2 (LL.M.) in Private International Law and International Business Law
Université de Paris II-Panthéon-Assas
Master II (LL.M.) in Litigation, Arbitration and Alternative Dispute Resolution
Université Paris I Panthéon-Sorbonne
Maîtrise (Bachelor of Law)
Bachelor of Law
- Lecturer on investment arbitration, Sciences Po Law School (2017/2018)
- Guest speaker on International Arbitration Law, ICC Conferences
- Guest speaker on parallel proceedings in international arbitration, Sciences Po Law School
- Visiting international arbitration tutor, King’s College, University of London (2007/2008)
- Member, International Arbitration Institute (IAI)
- Founding Member, CRCICA Young Arbitration Practitioners Forum (YAPF)
- Member, ICC Arab Arbitration Group
- Member, LCIA Users Council
- Member, LCIA Young International Arbitrators Group (YIAG)
- Member ICC Young Arbitrators Forum (YAF)
- Member, ASA Below 40
- Member, MENA Business Law Advisory Group, OECD
- Nature of Rules and Conflict of Laws (Doctoral thesis, Université Panthéon-Sorbonne (Paris I ), in progress)
- The Applicability of Non-National Rules to International Contracts (Oxford University, 2008)
- The Distinction Between Direct and Indirect Application of Foreign Mandatory Rules of Conduct (Université Panthéon-Sorbonne (Paris I), 2007)
- The Influence of the Will of the Parties on the Scope of Application of Arbitration Agreements (Université Panthéon-Assas (Paris II), 2007)
- “In-crisis management and arbitration in the MENA region: financial and legal considerations,” LCIA Arab Users' Council Symposium, Beirut, 25 January 2018
- “Using and abusing the boundary between commercial and investment arbitration,” UNCITRAL 50th Anniversary Conference (hosted by CRCICA), Cairo, 9-10 December 2017
- “Treaty and case law solutions to the problems arising from multiple proceedings,” LCIA European Users Council Symposium, Tylney Hall, 17-19 September 2017
- “The Do-Over: Gas Price Review Arbitration — What We Have Learned,” ICDR Conference, Looking Ahead: Effectively Arbitrating Complex Disputes in the Global Energy Sector, Houston, 20 April 2017
- “Rationalizing Investment Protection,” AILA Conference, A Paradigm Shift in International Investment Law, Cairo, 2 April 2017
- “The Principle of non-interference of State courts in arbitration under the French and Emirati arbitration law,” 1st Annual French-UAE International Arbitration Conference, Paris, 28 March 2017
- “Le recours en interprétation devant le CIRDI,” Un demi-siècle africain au CIRDI - Regards rétrospectifs et prospectifs, Paris, 27 March 2017
- “The One Thousand Faces of Double Recovery,” Columbia Law School Arbitration Day, New York, 3 March 2017
- “The Application of the New York Convention in France, Egypt and Jordan – Four Practical Scenarios,” UNCITRAL, Third International Conference for a Euro-Mediterranean Community of International Arbitration, Milan, 18 January 2017
- “Manifest Disregard of the Law: a breach of the arbitrator’s ethical duty?,” ICC YAF Conference, Ethics and antics - How Can We Hold Counsel and Arbitrators to Account?, Cairo, 4 December 2016
- “The Anatomy of Price Review Clauses and the Disputes to which they Lead,” LCIA Symposium on Gas Pricing Related Disputes, Cairo, 10 October 2016
- “Dual Nationality of Individuals,” ICSID-CRCICA Joint Conference - Key Issues in International Investment Arbitration, Cairo, 28 September 2016
- “The Impact of the Current TTIP Negotiations on the Investment Policies between EU and MENA Countries,” UNCITRAL, Second International Conference for a Euro-Mediterranean Community of International Arbitration, Cairo, 12 November 2015