Homayoon ARFAZADEH, Dr. iur., LL.M. (NYU)

Partner
Languages
    French, English, Persian
Bar admission

New-York Bar (2002)
Geneva Bar (1995)

Contact details

harfazadeh@pplex.ch

+41 22 702 15 15

+41 22 702 15 45

Dr. Arfazadeh currently leads PYTHON’s arbitration practice with 28 years of experience in international arbitration and has been involved in more than a 100 cases in Geneva, Paris, New York, the Middle and Far East. He is admitted to Swiss and NY bars, is a member of the ICC arbitration commission and ICC’s Swiss National Committee, sits on the international Court of Arbitration of the Swiss Chambers Arbitration Institutions (SCAI), and has acted as arbitrator under various institutional rules. He has published extensively and has been a visiting lecturer at the Geneva Institute of International Studies and a scholar at the NY University. He also represents clients in complex cross-border criminal, bankruptcy and compliance cases in Switzerland and in New York, and regularly assists clients in M&A, joint-venture and IT negotiations.

Representative Cases

  • Acting for Claimant in an automotive IP (intellectual property) and Share-Purchase Agreement dispute against Shanghai Automotive Industries Co. under ICC rules (currently in process)
  • Acting for the contractor in the largest Swiss construction law dispute under Swiss Chambers Arbitration Rules in relation to a land mark building in Switzerland (currently in process)
  • Acting for claimant in a multi-billion dollar interstate Permanent Court of Arbitration (PCA) dispute over liquidation of a Joint Venture joint and shareholder agreement in the oil industry (currently in process)
  • Successfully acting for the owner in a turn key plant and technology transfer in a dispute under the ICC rules against a major industrial group and collecting the Award through attachment and enforcement proceedings in Italy
  • Successfully acting for a national oil company in a multi-billion dollar joint venture and shareholder dispute
  • Successfully acting for a national oil company in a 100 million dollar oil trading dispute
  • Successfully acting as co-counsel for claimants in a 17 billion dollar ICC dispute over the breakup of the corporate network “Andersen Worldwide Organization”
  • Acting for an East European State in relation to proceedings under intra-European Bilateral Investment Treaty
  • Successfully acting on behalf of Russell Coutts in America’s Cup Arbitration against Alinghi
  • Successfully acting for the owners in an industrial joint venture of steel, pipe and profile mills disputes
  • Successfully acting as defense lawyer in one of the largest sanction cases before OFAC, US Treasury, DoJ, US Attorney General and Manhattan District Attorney involving a major European Bank
  • Successfully acting for Claimant in an entertainment case before the Federal District Court of New York
  • As well as a host of other international arbitrations over cross-border M&A disputes, petrochemical industry, sales-purchase contracts in crude oil, carbon, wheat, machinery … etc, agency, representation, sponsorship and distribution agreements

Education

  • Graduate Institute of International Studies, Geneva (Ph.D., 2004)
  • New York University School of Law, New York (LL.M., 2001)
  • Swiss National Research Fund (FNRS), Bern (Fellow, Young Scholar, 1990-1991)
  • University of Geneva School of Law (Lic. iur., 1987)

Positions Held

  • Lawyer with PYTHON since 1993
  • Member of the Court of International Arbitration of the Swiss Chambers Arbitration Institution since 2016
  • Member of the Swiss National committee of the ICC for arbitration since 2008
  • Lecturer, Graduate Institute of International Studies, Geneva, Switzerland Law, Development & Globalization, 2007-2008
  • Rapporteur: International conference on “Managing Commercial Dispute Resolution Centres”, Chamonix, 17-19 May 2006
  • Drafter of Model Law on “National Export Councils”, May-September 2004
  • Member of Drafting Committee on Model contracts on international Joint Ventures and international Sale of goods, 1999-2003
  • Visiting Scholar, New York University School of Law, New York, NY International Justice and Moral Philosophy, 2001-2002
  • Member of the ICC Arbitration Commission since 2008
  • Legal Counsel, Regional Center for Arbitration, Kuala Lumpur, Malaysia and Of Counsel, 1991 and 1995
  • Consultant, rapporteur and drafter: WTO/UNCTAD International Trade Centre, Geneva, Switzerland, 1999 to 2006
  • Lecturer and Assistant, University of Geneva School of Law, Geneva, Switzerland, 1987-1992
  • Internships and Short Assignments: Iran-US Claims Tribunal, The Hague, Netherlands, September-December 1990
  • Asian-African Legal Consultative Committee, New Delhi, India, January-March 1991
  • Internship at the ICC Court of International Arbitration, Paris, France, April-July 1991

Memberships

  • List of International Arbitrators of major international arbitration institutions
  • Geneva and Swiss Bar Associations
  • New York Bar Association
  • Swiss Arbitration Association (ASA)
  • Comité Français de l’Arbitrage (CFA)
  • London Court of International Arbitation (LCIA)

Rankings

  • 2019

  • 2018

  • 2017

  

Selected Publications

  • Ordre public et arbitrage international à l’épreuve de la mondialisation. Une théorie critique des sources du droit des relations transnationales, Schulthess-Zurich, LGDJ-Paris, Bruylant-Bruxelles, 2005, 351 pages. Second Edition appeared in December 2006
  • A Practitioner’s Approach to Interest Claims under Sharia law in International Arbitration, in Interest, Auxiliary and Alternative Remedies in International Arbitration, Ed. Filip De Ly and Laurent Levy, Dossier of the ICC Institute of World Business Law, 2008, pp. 211 ff
  • In the shadow of the “”unruly horse””: International Arbitration of the Public Policy Exception, in American review of international arbitration, 2004 special edition, 50th anniversary of the Institute of Judicial Administration of New York University, pp.43 ff
  • Iran: la Médiation Européenne ou le Dangereux Engrenage, Le Temps, 5 mai 2006, p. 1 et 17
  • Draft Model Enactment (Model Law) on National Export Council, including article by article commentary and recommendations concerning by-laws, International Trade Centre, WTO/UNCTAD Executive Forum, Montreux, September 2004
  • Israel’s Best Bet: True Justice or International Law?, RSDIE 2002, no. 4, pp. 479 ff
  • Considérations pragmatiques sur la compétence respective de l’Arbitre et du Juge en matière de contrats de corruption, Bulletin ASA 2001, no. 4, pp. 672 ff
  • Arbitrability under the 1958 New York Convention: the lex fori revisited, Journal of the London Court of International Arbitration, Vol. 17, no. 1, 2001, pp. 73 ff
  • Actionnariat responsable et état de droit international, in: Ateliers pour la pratique du droit international public et du droit international humanitaire, Institut Henri Dunant, Genève, Audio, éd. Bibliothèque publique d’information, Centre Pompidou, Paris, 1998
  • Juge d’appui et for de nécessité, Bulletin ASA 1996, no.2, pp. 325 ff. Costs under UNCITRAL Arbitration Rules and their Adaptation to an Institutional Setting, in: ASA Conference Papers, Zurich 1997
  • Costs under UNCITRAL Arbitration Rules and their Adaptation to an institutional Setting, in Swiss Arbitration Association Conference Papers, Zurich, Jan. 1997
  • L’ordre public du fond et l’annulation de sentences arbitrales internationales en Suisse, RSDIE 1995, pp. 245 ff
  • Settlement of international trade disputes in South East Asia: The experience of the Kuala Lumpur Regional Centre for Arbitration, The Malaysian law Journal cxxii, Singapore 1992
  • New perspective in South East Asia and Delocalised Arbitration in Kuala Lumpur, Journal of International Arbitration, Vol. 8, no. 4, p. 104, 1991
  • Law, Religion and Family in the Islamic Republic of Iran: An Introduction, in: Iran seminar – Danish and Nordic Refugee Councils, in cooperation with the UNHCR regional office, Copenhagen, 1991
Testimonials

The unique focus areas of PYTHON‘s litigation team include London-based private insurance claims involving Swiss banks and fund managers, international inheritance disputes, as well as various commercial, insolvency-related and criminal proceedings. Homayoon Arfazadeh is one of the practice heads.

 

Legal 500 EMEA 2019

 

PYTHON is well versed in international insurance claims, white-collar crime, energy, construction, technology, sponsorship and general commercial disputes. Homayoon Arfazadeh is a key individual.

 

PYTHON’s central pillars are banking and corporate advice as well as representation in contentious matters. Homayoon Arfazadeh is one of the main contacts.

 

Legal 500 EMEA 2018

 

PYTHON is known for its strength in white-collar crime matters and banking litigation. Homayoon Arfazadeh is the name to note.

 

Legal 500 EMEA 2017

 

Partner Homayoon Arfazdeh acted for the National Iranian Gas Company (NIGC) on its defence against a USD38 billion price reduction claim launched by BOTAŞ.

 

Chambers Europe Guide 2017 and Chambers Global Guide 2017