Background

Dual Background

Christophe Dugué benefits from a dual background as counsel in international commercial transactions and as counsel and arbitrator in international commercial arbitration cases.

He focuses his practice on international commercial arbitration both as counsel and as arbitrator.

His background as transactional lawyer provides him with in-depth knowledge of the industries in which parties involved in arbitration cases operate, as well as a thorough understanding of the parties’ and their counsels’ expectations, constraints and strategies when they face a dispute, be it as claimant or as respondent.

Christophe Dugué's experience as counsel in the structuring, drafting and negotiation of major international commercial transactions encompasses banking, commercial, corporate and contract law and assistance of major international companies in a variety of sectors, notably, banking, construction, international commercial financings, project financings, mining, oil & gas, joint-ventures, M&A financings, structured finance, infrastructure financings, securitization of commercial receivables, derivatives, equity swaps.

Christophe Dugué has also a vast experience of domestic and international arbitration cases, with a variety of applicable laws and seats, both ad hoc and institutional (ICC, Swiss Arbitration Centre-formerly SCAI, PCA, AFA, LCIA, SIAC, CAIP) in a wide variety of industries.

Why Me ?

Experienced, independent, available, absence of conflicts of interests, dedicated, time and cost efficient.

Christophe Dugué's experience of international arbitration in a variety of cases with a wide range of seats and applicable substantive laws allows him to act efficiently as Counsel and as Arbitrator

When serving as Arbitrator, Christophe Dugué is fully aware that while the parties want a total flexibility in order to enjoy the benefit of all opportunities to present their case they are also cost and time sensitive.

As arbitrator Christophe Dugué strives at providing the parties with a full and fair opportunity to present their case, while ensuring that the proceedings are conducted as smoothly and expeditiously as possible.

Christophe Dugué has the experience of expedited procedures under the auspices of the ICC.

A candid discussion with the parties is held at the outset of the case to adapt the procedure to the parties' requirements (is there a need for one or two rounds of written submissions, a dedicated production of documents phase, a hearing and the examination of witnesses and experts, post hearing briefs?) and the procedural timetable that best suits the instruction of the case is decided accordingly.

In the conduct of the proceedings, while ensuring that the procedural timetable is followed, and amended as the circumstances warrant, and due process is observed, Christophe Dugué strives at making the final award available in the shortest period of time possible after the parties have pleaded their case and filed their post-hearing briefs.

When acting as Counsel, Christophe Dugué works in close collaboration with the party he represents in order to determine what the party wants to obtain, what can be obtained, and what are the means to be implemented to have the best chances of achieving this result.

Christophe Dugué builds on the facts and focuses on the strengths and weaknesses of the case to provide a structured, documented and comprehensive legal argument that best serves the client's objectives and strategy, in order to deliver concise, powerful and convincing briefs.

At the hearing, he benefits from his experience as counsel and as arbitrator in the examination of witnesses and experts. Christophe Dugué pleads the decisive arguments and provides the explanations that the arbitral tribunal expects.

Christophe Dugué has successfully acted as counsel in the representation of parties against all sorts of opponents, including major international law firms.

Education

Master 2-DESS, Droit des Affaires Internationales, Institut de Droit des Affaires, Université Aix-Marseille III, 1982

Master 2-DJCE, Droit du Commerce International, Institut de droit des Affaires, Université Aix-Marseille III, 1982

Paris Bar, 1992

Professional Affiliations

International Arbitration Institute (IAI)
Swiss Arbitration Association/Association Suisse de l’Arbitrage (ASA)
Association For Arbitration/Association Française d’Arbitrage (AFA)
Comité Français de l’Arbitrage (CFA)
Paris The Home of International Arbitration/Paris Place d’Arbitrage
Member of the Association For Arbitration’s Working Groups on:
- the Decisions of the Arbitration Committee (2014-2015)
- the Consolidation of Related Arbitrations (2014-2015)
- Emergency Arbitration and Expedited Proceedings (2016-2018)

Panels of Arbitrators and Appointments by Institutions

Several direct appointments by the ICC and by the Association Française d'Arbitrage
eBRAM's Panel of Arbitrators (for 5 years ending on 31 December 2028)
Panel of arbitrators of the Asian International Arbitration Centre (Malaysia) (AIAC) formerly the Kuala Lumpur Regional Centre for Arbitration (KLRCA) since 2014
List of neutrals of the Mediation & Conciliation Network (MCN), India
Panel of arbitrators of the Chambre Arbitrale Internationale de Paris
Panel of international arbitrators of KCAB International (Korean Commercial Arbitration Board) for the term from 1 June 2022 to 31 May 2025

Publications

Libya is Bound by a BIT that Took Effect When Notified to the National Transitional Council (Libya v Ustay Yapi) (Libya v Ustay Yapi – Paris Court of Appeal 23 January 2024) – This analysis was published on Lexis+® UK on 29 February 2024 and can be found here (subscription required).
Arbitrators’ independence and impartiality–non-disclosure, bias, hostile conduct? Can the award be annulled? (Republic of Cameroon v Project Pilote Garoube RG 22/06903, Cour d'Appel de Paris 3 October 2023). This analysis was first published on Lexis+® UK on 26 October 2023 and can be found here (subscription required)
Recognition of foreign judgments and terror attack—is France a haven for states that fund terrorism? (M [P] [X] v République islamique d’Iran, Cour de Cassation 28 June 2023, Pourvoi n°21-19.766). This analysis was first published on Lexis+® UK on 24 July 2023 and can be found here (subscription required)
In Honorem Emmanuel Gaillard 1952-2021, Revista română de arbitraj 2/2021
L’urgence dans le futur règlement d’arbitrage de l’AFA : procédure accélérée et arbitrage d’urgence, La Lettre de l’AFA, N°26, “(30 January 2018), available online on the website of the Association For Arbitration http://www.afa-arbitrage.com/
International Arbitration - France Chapter, The International Comparative Legal Guide to International Arbitration 2017, (24 July 2017) published by Global Legal Group Ltd, London www.iclg.co.uk
International Arbitration – Chapter France, Global Legal Insights - Published by Global Legal Group Ltd, London www.globallegalinsights.com
- 2nd Edition (18 May 2016)
- 3rd Edition (9 June 2017)
- 4th Edition (24 April 2018)
- 5th Edition (7 May 2019)
- 6th Edition (17 April 2020)
- 7th Edition (16 April 2021)
PRIME Finance: Une nouvelle proposition efficace pour la résolution des différends en matière de produits financiers complexes?, Les Cahiers de l’Arbitrage/The Paris Journal of International Arbitration 2013-1, March 2013
Dispute Resolution in International Project Finance Transactions, Project Finance and International Investment Law Essays, April 2001
Risk Control and International Finance Arbitration/La maîtrise des risques et l’arbitrage relative aux opérations internationales de financement, Arbitration Finance and Insurance /Arbitrage, Finance et Assurances 15 (ICC Pub. No. 627E), 2000
Arbitration of Disputes arising from Derivative Financial Instruments and Transactions, 2000 Riv. dell’arb.1 (article based on a conference paper given at the 1999 VENCA conference)

Speaking Engagements

Kleros Decentralized Justice Broadcast, Interview by Federico Ast: Christopher Dugué: International Arbitration and Innovation - Decentralized Justice Broadcast S2E12 (posted on 18 August 2023)

Replay: https://www.youtube.com/watch?v=ViMY6AdphQE

ICC and UAB (Union of Arab Banks), joint conference held in Paris on 26 May 2023 on The Use of Arbitration and ADRs to provide efficient and innovative access to justice in the international banking and trade sectors, speaker in the panel on An increasingly digitalised financial sector: The suitability of arbitration and ADR to resolve emerging disputes

Paris Arbitration Week 2023 - CMAP, conference held on 30 March 2023, speaker on Blockchain, Crypto, Smart Contracts, Artificial Intelligence, an opportunity for International Arbitration?

Replay: https://www.youtube.com/watch?v=c__su3R38T0

Assas Lab’ Incubateur (University Paris 2), conference held on 8 March 2023 on New Trends in Technology and Law: Law in Times of Disruption / AI vs. Humans: Partners or Competitors?, speaker on The Place of International Arbitration vs. On-chain Dispute Resolution and Artificial Intelligence

Société de Législation Comparée, conference held on 10 May 2022 on Cryptocurrencies: A Refuge for Countries under Economic Sanctions?, speaker on International Arbitration Proceedings in the Context of Cryptocurrencies Transactions

Le Café des Arbitres, 2014 (2nd edition), conference on Investments and Mass Arbitration, speaker on Financial Products as investment and perspective further to the Abaclat decision

VENCA conference, 1999, speaker on Arbitration of Disputes arising from Derivative Financial Instruments and Transactions

Probono Activities

ICC Vis Pre-Moot – March 2024, Paris: arbitrator (one session)
ICC Vis Pre-Moot – March 2023, Paris: arbitrator (two sessions)
ICC Vis Pre-Moot – April 2019, Paris: arbitrator (two sessions)
Association For Arbitration (AFA):
- speaker on every bi-annual session on International Arbitration, on the topic the “Arbitration Hearings”, 2013, 2014, 2015, 2016, 2017, 2018, 2019
- speaker at the “AFA After Work” on the topic "Emergency Arbitration", 2019
École Internationale des Modes Alternatifs de Règlement des Litiges (EIMA) training sessions organized by the Association For Arbitration and EFB (Paris Bar), on international arbitration:
- speaker on the subject International Arbitration at the June 2016 and May 2017 sessions
- speaker on the subject Instruction of the Case by the Arbitral Tribunal at the May 2018 session
- speaker on the subject International Arbitration proceedings up to the date of the Terms of Reference at the April 2019 session
- speaker on the subject Domestic and International Arbitration (Notion, French Law and Practice) at the April 2022 session