Clement Fouchard 118x157

Clément Fouchard

Managing Associate, Paris

"I specialize in international arbitration and in arbitration-related court litigation, both in investment and commercial cases, with a special focus on Africa-related matters. Particularly at ease in complex technical cases, and with a strong academic and commercial acumen, I am entrusted with the resolution of strategically important, complex disputes."

Overview

Professional experience

Education and qualifications

Published works

Overview

Clément Fouchard is a managing associate in the Linklaters’ Litigation and Arbitration team in Paris, specialised in international commercial (both on an ad hoc basis and under the rules of international arbitration institutions) and investment arbitration.

Clément has more than ten years of experience advising on major litigation and arbitration proceedings.

He has regularly acted for French and international clients in arbitrations seated across the globe and has particular experience in construction, energy and infrastructure, mining, defence, distribution and general commercial disputes as well as considerable experience of joint ventures and post-acquisitions disputes.

In addition to his experience as counsel, Clément has also acted as secretary to arbitral tribunals and as an arbitrator in domestic and international arbitrations.

Clément is the ICC YAF Representative for France, Belgium and Luxembourg, a member of the Arbitration Week Organizing Committee, a member of the Working Group on Arbitration of the Conseil National des Barreaux (National Council of Bars) and a former Co-Chair of the Comité Français de l’Arbitrage below 40. He lectures on international arbitration at the EDHEC business school, at Science Po Law School (LLM in Transnational Arbitration and Dispute Settlement) and at the ELSA Athens' Summer School on International Investment Law.

A selection of recent experience as counsel includes acting for:

  • a French defence company (a subsidiary of a major European aviation, aerospace and defence group) in respect of a EUR230m claim brought by a foreign State in an ICC arbitration proceeding
  • an international mining company in pre-litigation advice on a potential ICSID arbitration against the Democratic Republic of Congo (DRC) following the modification of the DRC mining code and the associated stabilization provisions
  • an African State in US$600m ICC arbitration initiated by a contractor handling various infrastructures project throughout Gabon. The dispute raises complex factual and legal issues, with respect to, inter alia, jurisdiction and public policy issues, in relation to bribery as well as the validity of public work contracts
  • the Republic of Senegal in an ICSID arbitration brought by the French cement manufacturer Vicat under the France-Senegal BIT. The case involved complex fair and equitable treatment issues
  • Elf Neftegaz, a former subsidiary of one of France’s leading oil and gas companies, in connection with an ad hoc arbitration claim for US$22bn under UNCITRAL rules brought by a private entity and by two Regions of the Russian Federation purporting to be contracting parties to an agreement for oil exploration in Russia dating from the early 1990s that never came into effect
  • Casino Group in an ICC arbitration arising out of a dispute with its Brazilian partner in Companhia Brasileira de Distribuiçao (CBD), one of the main operators of retail distribution in Brazil, relative to that partner’s efforts to orchestrate a merger between CBD and the Brazilian assets of their competitor Carrefour

Professional experience

Prior to joining the firm, Clément Fouchard was a Senior Associate with boutique firm Darrois Villey Maillot Brochier and an associate for five years with the International Arbitration Team of Clifford Chance in Paris.

Clément is the ICC YAF Representative for France, Belgium and Luxembourg, a member of the Arbitration Week Organizing Committee, a member of the Working Group on Arbitration of the Conseil National des Barreaux (National Council of Bars), a member of the Executive Committee of the Comité Français de l’Arbitrage and a former Co-Chair of the Comité Français de l’Arbitrage below 40.

Education and qualifications

Clément is graduated from Université de Paris II (Panthéon-Assas) (Master’s degrees in general private law and litigation and arbitration) and holds an LLM from Queen Mary, University of London, with a focus on international commercial arbitration and investment treaty arbitration. Clément is also a former student of Ecole Normale Supérieure of Cachan (a French “Grande Ecole”), Clément holds an Agrégation, in Economics and Management and Law.

Published works

Selection of published works:

  • General Editor of the re-edition of 2nd edition of Le Droit Français de l’Arbitrage Interne et International of Matthieu de Boisséson, GLN Joly, Paris, 1990, (with Matthieu de Boisséson, Jacques Pellerin and Pierre Duprey, Lextenso, forthcoming, in French)
  • ““L’affaire Tapie”, A Review from an arbitration perspective” (2017) 55 Revista Brasileira de Arbitragem
  • “‘Arbitration rules’ binding force and challenge of arbitrators, some useful clarifications: Société Tecnimont Spa v. SA J.&P. Avax Tecnimont” (2016) 5:1 European International Arbitration Review