Biography
Samy Markbaoui is a partner in White & Case's International Arbitration practice in Paris. He represents corporations and States in both contract-based and investment treaty arbitrations, with a particular focus on the Middle East and North Africa. His work spans sectors including construction, energy, telecommunications, retail, and real estate. He has acted in arbitrations under international law as well as under French, Swiss, Algerian, Libyan, Egyptian, Lebanese, Syrian, Iraqi, Saudi, Emirati, Qatari and Yemeni law, across fora including ICSID, UNCITRAL, ICC and DIAC.
In addition to arbitration, Samy has extensive cross-border litigation experience, having handled complex disputes in jurisdictions such as France, Algeria, Lebanon, the UAE, Kuwait, Iraq, Qatar and Oman.
Experience
Samy's recent experience includes:
- Representing the Islamic Republic of Pakistan and a Pakistani State-entity in an ICC arbitration seated in Paris brought by an Iranian State entity, in relation to a gas pipeline construction project and a gas purchase agreement with a take-or-pay arrangement.
- Representing a Chinese State-owned conglomerate against four Algerian nationals in a multi-party ICC arbitration seated in Paris and governed by Algerian law, involving claims exceeding USD 400 million.
- Representing the claimants in a multiparty ICC arbitration governed by Saudi law against three respondents arising out of the Riyadh Metro Project, with claims exceeding USD 150 million;
- Representing the Kingdom of Saudi Arabia in PCCW Cascade (Middle East) Ltd. v. Kingdom of Saudi Arabia, an ICSID arbitration brought under the China-Saudi Arabia BIT in relation to an investment in the telecom sector;
- Representing the Kingdom of Saudi Arabia in MAKAE Europe SARL v. Kingdom of Saudi Arabia, an ICSID arbitration brought under the France-Saudi Arabia BIT in relation to an investment in the retail sector;
- Representing the Kingdom of Saudi Arabia in Samsung Engineering Co., Ltd. V. Kingdom of Saudi Arabia, an ICSID arbitration brought under the Korea-Saudi Arabia BIT in relation to the construction of a power generation facility;
- Representing the applicant in the ICSID annulment proceedings in Orascom TMT Investments S.à r.l v. People's Democratic Republic of Algeria;
- Advising the Ministry of Investment of the Kingdom of Saudi Arabia in relation to the negotiation of its bilateral investment treaties;
- Advising the Ministry of Investment of the Kingdom of Saudi Arabia in relation to the new Saudi investment law and its executive regulations;
- Representing the claimant in Flemingo DutyFree Shop Private Limited v. the Republic of Poland, a PCA-administered UNCITRAL arbitration brought under the Poland-India BIT in relation to an investment in the duty free sector;
- Advising a major telecoms group in relation to a potential investment treaty arbitration against a Middle Eastern State, arising out of a series of tax, regulatory and security-related measures;
- Representing a leading telecoms group in a multi-billion ICC arbitration, arising out of a shareholders' agreement for the operation of a telecoms business in Sub-Saharan Africa;
- Representing the claimants in two separate ICC arbitrations arising out of cost-plus contracts for the construction of airports in the cities of Tripoli and Sebha, each against two Libyan State-owned entities and the State of Libya;
- Representing the claimants in an ICC arbitration arising out of a cost-plus contract for the construction of a ring-road in the city of Tripoli, against a Libyan State-owned entity and the State of Libya;
- Advising four different clients as to potential contract-based and investment treaty claims against the State of Libya and Libyan State-owned entities, all relating to large scale construction projects that stalled following the outbreak of the 2011 Libyan Revolution;
- Advising a major corporation in relation to a potential investment treaty arbitration aiming to recover damages incurred in the context of the 2014 Libyan Civil War;
- Assisting a series of clients in their efforts to block six separate chains of back-to-back advance payment and performance guarantees in Libya, Bahrain, Türkiye, the United Arab Emirates, France and Portugal;
- Representing a consortium of oil corporations in an ICC arbitration against the Ministry of Energy of a Middle Eastern State, arising out of a series of exploration and production agreements and a production sharing contract;
- Representing a UAE-based contractor in an ICC arbitration seated in Dubai concerning the termination of a design-build FIDIC project;
- Representing the claimant in a DIAC arbitration arising out of the swap of real estate properties in the UAE, Syria and Lebanon;
- Representing a contractor in a pre-arbitration claim procedure regarding the construction of multiple power generation facilities in Algeria;
- Representing a Chinese corporation in an ICC arbitration arising out of a shareholders agreement governed by Algerian law;
- Representing an international consortium in a multi-billion ICC arbitration concerning a major infrastructure project in North Africa;
- Providing legal advice to a State-owned oil corporation as to the impact of international, regional and national sanctions on take-or-pay clauses in a series of long term gas supply contracts; and
- Providing legal advice in respect of price reopeners in long-term gas supply contracts.
Next Generation Partner, Dispute Resolution: International Arbitration (France), Legal 500 EMEA 2025:
"Samy Markbaoui is an exceptional young arbitration partner, known for his strategic thinking and deep understanding of complex disputes. His ability to navigate intricate legal challenges with precision has earned him a reputation as a rising leader in the fields."
Arbitration Future Leader - Partners, Lexology Index, France, 2025
Leading Lawyer, International Arbitration, Leaders League's Décideurs Magazine, 2025
Recommended, International Arbitration, Option Droit & Affaires, 2025
Guest lecturer, Evidence in International Arbitration – Sciences Po Paris, LL.M. in Transnational Arbitration & Dispute Settlement (TADS)
22 May 2025: Beirut Arbitration Days, Panel War, Energy and Arbitration: Rethinking Risk Allocation in a Volatile Region – Speaker, Beirut
9 Apr 2025: Paris Arbitration Week, Arbitration Challenges in Post-Revolution Syria: Navigating Regime Change and Sanctions – Moderator, Paris
9 Apr 2025: Paris Arbitration Week, Construction arbitration: instructing delay experts – Speaker, Paris
8 Apr 2025: Paris Arbitration Week, The Unwritten Rules: Practical Insights on Middle East Arbitration – Speaker, Paris
4 Mar 2024: Riyadh International Disputes Week, Exploring the Impact of the New Saudi Civil Transactions Law – Speaker, Riyadh
29 Oct 2023: IBA Arb40 Symposium – Speaker, Paris
10 May 2023: ICSID–ADGM Joint Conference, Investment Protection and Armed Conflict – Speaker, Abu Dhabi
28 Mar 2023: Paris Arbitration Week, International Arbitration in the Financial Industry: Recent Trends in Financial Disputes – Speaker, Online/Paris
15 Nov 2022: Dubai Arbitration Week, Multiparty Arbitration – Panelist, Dubai
3 Apr 2019: Paris Arbitration Week, Help! My case deals with engineering defects: Working with technical experts – Speaker, Paris
22 Sep 2017: Young ICCA Skills Training Workshop, Cross-Examination in International Arbitration – Speaker, Paris
8 Feb 2024: Countdown to RIDW24: New Year, New Arbitration Hub: KSA's Impressive Delivery On Its Promise to Create an Attractive Environment for Investors (with Ank Santens & Karim Mariey), Kluwer Arbitration Blog / White & Case Insight.
2020: Karkey Karadeniz Elektrik Uretim A.S. v. Islamic Republic of Pakistan, ICSID Reports, Vol. 18, pp. 600–630 (with Ece Akıncıbay).
2014: ConocoPhillips Petrozuata, ConocoPhillips Hamaca B.V. and ConocoPhillips Gulf of Paria B.V. v. Bolivarian Republic of Venezuela, The Journal of World Investment & Trade, Vol. 15, pp. 1062–1069 (with Andrew de Lotbinière McDougall).