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 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, commercial disputes) before the Court of Arbitration for Sports (CAS) 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 and he is fluent in English and Spanish. He also has a basic knowledge of Portuguese.

Click here for full biography in French

Awards

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 major European energy company in a dispute relating to multiple claims and counterclaims (delay, pricing and payments, insurance, etc.) relating to an EPC contract for the construction of a power plant in France (pre-litigation/arbitration and negotiation)

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

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, employment, financial fair play, compliance of international federations regulations with EU law (Financial fair play, third party ownership).

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).

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 Ouest – Nanterre - Degree in Spanish Law, 2002
University of Paris Ouest – Nanterre - B.A. French Law and Spanish, 2001

Bar Admissions

Paris, France

Languages

French
Portuguese
Spanish
Publications
Contributor, World Bank’s Investing Across Borders guide (2010 and 2012 Editions)
Co-author, Arbitrages ordinaires pouvant être soumis au Tribunal Arbitral du Sport, TAS/CAS Bulletin, No. 1/2012
Speaking Engagements
Gender equality in international dispute resolution”, ICC Istanbul arbitration day, Feb. 2018
"Res judicata - Parallel proceedings and contradictory awards", AIJA conference "After the Final Award – A new Battle on the Horizon?", Stockholm, June 2017
"Third party financing in international arbitration", ICC YAF conference , Istanbul, May 2017
"The future of sport arbitration and on the intervention by state courts in different countries into sport", AIJA conference "Olympic games, corruption and sports arbitration", Lausanne, avril 2017
Chair, roundtable on international arbitration, The Law Firm Network Global meeting, Singapore, June 2016
"The Legal and Regulatory Framework for Commencement of the Arbitration" (Moderator), Joint DIS40 / CFA-40 Conference "Comparing Arbitration in France and Germany: Apples and Oranges?", Paris, March 2016
"L'arbitrage en Afrique", African Business Lawyers Club (ABLC) Practice Dinner, Paris, Nov. 2014
"Arbitration of commercial sports-related disputes at the CAS", The Law Firm Network Regional Meeting, Zurich, Oct. 2014
"Legal review of federation’s decisions through the Court of Arbitration for Sports – Jurisprudence and latest development" AIJA Conference "There's no business like Sports business", Dublin, Oct. 2014
Professional Affiliations
International Council for Commercial Arbitration (ICCA)
International Arbitration Institute (IAI)
Comité Français de l'Arbitrage (CFA), member of the Working Group on Sports Arbitration
Club Español del Arbitraje (CEA)
International Young Lawyers Association (AIJA)
ICC YAF
ICDR Young & International
Equity, Inclusion and Diversity Council Member
Awards and Honors
Listed in Who’s Who Legal: Future Leader - International Arbitration 2017 and 2018 Ed.: “Peers ‘would definitely recommend’ Hervé Le Lay for his outstanding expertise when it comes to energy and infrastructure disputes” (WWL Future Leaders - International Arbitration, 2018 Ed.).
Recommended in Legal 500 (EMEA and Paris ed.) since 2015 for International arbitration: “Hervé Le Lay is a very sharp lawyer and a strategic thinker who understands the differences and complexities in different jurisdictions and can easily adapt himself and the case strategy to any hurdles” (Legal 500 EMEA 2018 Ed.)
Please click here for full bio in French