Michael Ostrove

Selected Investment Disputes and Public International Law Cases

• Representing the Republic of Guinea in a multinational corruption investigation, followed by a multi-billion dollar investment arbitration brought by BSG Resources Ltd relating to one of the world’s most important iron ore deposits. Led the advocacy in one of the first live-streamed ICSID hearings, achieving a final award successfully dismissing all the investors’ claims on the grounds of corruption (BSG Resources Limited, BSG Resources (Guinea) Limited, and BSG Resources (Guinea) SÀRL v. Republic of Guinea (ICSID Case No. ARB/14/22)).
• Representing Australian investors in an ICSID arbitration against the Democratic Republic of the Congo relating to violations of the DRC mining code in connection with one of the world’s most important lithium deposits. Led the advocacy in obtaining provisional measures. (AVZ International Pty Ltd., Dathcom Mining SA and Green Lithium Holdings Pte Ltd. v. Democratic Republic of the Congo (ICSID Case No. ARB/23/20)).
• Representing the International Criminal Police Organization (INTERPOL) in the Permanent Court of Arbitration (PCA) arbitration proceedings relating to a public international law claim brought following the arrest in China of INTERPOL’s former President. Led the advocacy in achieving dismissal of the claims (Ge Gao, Hongwei Meng, Zihong Meng and Ziheng Meng (China) v INTERPOL, (PCA Case No. 2019-19)).
• Representing an Azerbaijani investor in a multi-million dollar ICSID arbitration against Georgia relating to an investment in the textile telecoms sector. Led the advocacy in defending jurisdictional objections and obtaining provisional measures (Nasib Hasanov v. Georgia (ICSID Case No. ARB/20/44)).
• Representing a Swiss Investor in an ICSID arbitration against Georgia relating to investment treaty violations in relation to an investment in the real estate sector (Basel LLC and Ronald Waldmann v. Georgia (ICSID Case No. ARB/23/23)).
• Representing US investors in an ICSID arbitration against Georgia relating to an investment in the field of industrial production (Mirian G. Dekanoidze and T.G. Trade LLC v. Georgia (ICSID Case No. ARB/23/45)).
• Representing Hungary in ICSID proceedings relating to an investment in the waste management sector (Christopher Jock Murdoch Mackenzie v. Hungary (ICSID Case No. ARB/21/66)).
• Representing Messrs. De Sutter and (DS)2 S.A. in a multi-million dollar ICSID arbitration and successful defense of annulment proceedings against the Republic of Madagascar relating to an investment in the textile manufacturing sector ((DS)2, S.A., Peter de Sutter and Kristof De Sutter v. Republic of Madagascar (ICSID Case No. ARB/17/18)).
• Representing the Republic of Moldova in an annulment action in the Paris Court of Appeal with a US$48 million arbitral award obtained pursuant to the Energy Charter Treaty, as well as in prejudicial question proceedings brought before the Court of Justice of the European Union (Moldova v. Komstroy (Case C-741/19)).
• Representing Hungary in a multi-million dollar ICSID arbitration brought by British investors, Magyar Farming Company Ltd, with respect to an investment in the agricultural sector (Magyar Farming Company Ltd, Kintyre Kft and Inicia Zrt v. Hungary (ICSID Case No. ARB/17/27)).
• Representing Hungary an ICSID arbitration brought by an investor in the hotel sector (Mazen Al Ramahi v. Hungary (ICSID Case No. ARB/17/45)).
• Representing Hungary in annulment proceedings relating to an ICSID award (UP and C.D. Holding Internationale v. Hungary (ICSID Case No. ARB/13/35)).
• Representing Hungary in annulment and revision proceedings relating to an ICSID award (Edenred S.A. v. Hungary (ICSID Case No. ARB/13/21)).
• Representing Hungary in annulment and revision proceedings relating to an ICSID award (Dan Cake (Portugal) S.A. v. Hungary (ICSID Case No. ARB/12/9)).
• Representing the Democratic Republic of the Congo in an annulment action before the Paris Court of Appeal against an investment fund seeking to enforce over US$200 million in sovereign debt.
• Representing the Republic of Moldova in an ICSID arbitration brought pursuant to the France-Moldova bilateral investment treaty (BIT) relating to an investment in duty-free stores in Moldova. Led the advocacy in obtaining major victory for Moldova (Franck Charles Arif v. Republic of Moldova (ICSID Case No. ARB/11/23)).
• Representing the Government of Ghana in an UNCITRAL Rules, PCA-administered BIT arbitration relating to the operation of Ghana Telecom (Telekom Malaysia Berhad v. Republic of Ghana, PCA Case No. 2003-03).

Selected Commercial and Construction Cases

• Representing a European contractor against a state-owned energy company in a Paris seated, ICC arbitration relating to a contract for the design and construction of a gas compression unit.
• Representing a Brazilian company in parallel US$ multi-billion, Sao Paolo seated, ICC arbitrations in connection with a share purchase agreement.
• Representing a specialized UN agency in several UNCITRAL Rules arbitrations relating to procurement and other disputes relating to its international operations.
• Representing a French engineering company in a US$ multi-billion, Geneva seated, French language ICC arbitration regarding the termination of an engineering, procurement, and construction (EPC) contract for the expansion and upgrading of the Algiers refinery.
• Representing a French pharmaceutical company in a more than US$200 million, London seated, New York law ICC arbitration with a bio-tech company relating to rights under a license agreement.
• Representing a French telecommunications supplier in a successful mediation of dispute with a Spanish company relating to supply of material and software for use in Russia.
• Representing a leading aircraft manufacturer in an English language, Paris seated, French law ICC arbitration relating to liability for failed parts leading to aircraft damage. The case involved questions of the validity of a contract clause.
• Representing a major telecommunications company in a French language, ad hoc OHADA arbitration, and post-award Common Court of Justice and Arbitration (CCJA) proceedings regarding the management of an operational subsidiary.
• Representing a German agricultural company in an English language, Paris seated, German law, US$60 million ICC arbitration against its former distributor in Saudi Arabia.
• Representing a state in a US$40 million, Paris seated, French language, French law ICC arbitration relating to the procurement of military equipment.
• Representing a multi-national food services company in a multi-million dollar, Paris seated, French language, French law ICC arbitration relating to a post-acquisition price adjustment.
• Representing a major French consumer products company in a multi-hundred million post-M&A dispute subject to ICC arbitration.
• Representing a German multinational company in ICC arbitration and related emergency arbitration proceedings.
• Advising a global energy contractor on issues including force majeure arising from the COVID-19 pandemic, and the costs and delay impact on a construction project in West Africa.
• Representing a Japanese contractor in a US$75 million LCIA arbitration regarding construction of a coal-fired power plant in Southeast Asia.

• Chambers Global – Global Practice Leaders for Arbitration (International) (one of 75 lawyers ranked globally): “‘Michael is one of the most brilliant lawyers I have seen, and he always brings incredible performances and thinks strategically about the case and the subject.’”
• Africa Business+ – 2024 Lawyer of the Year for Litigation/Arbitration – 100 Legal Powerlist
• Best Lawyers – International Arbitration
• The Legal 500 – Dispute Resolution: International arbitration – Leading Partners
• Chambers Global: Dispute Resolution, Africa Wide – Band 1: “Michael Ostrove has a flourishing practice representing high-profile mining and telecoms clients in investment treaty disputes in Africa. He has notable experience handling commercial cases and those relating to allegations of corruption, as well as annulment proceedings. Based in Paris, he serves as global co-chair of DLA Piper's international arbitration practice." "He is smart, considerate, and thoughtful.”’ “Michael has a proper Africa practice and is really outstanding.”
• Chambers Global: International Arbitration, France – Band 2: “Michael Ostrove is adept at handling investor-state arbitrations, where he often acts for European and African sovereign states. One source lauds: ‘I really rate Michael Ostrove. He is courteous, constructive and very able.’” “He is a mine of information on international arbitration. He is also a very diplomatic and modest person.”
• Chambers Global: Arbitration (International), Europe-Wide – ranked in Band 3: “Michael Ostrove earns praise from market commentators for his success in growing the European arbitration practice at DLA Piper. He is best known for his handling of investor-state cases on behalf of European states or private individuals.”
• Jeune Afrique/AfriqueBusiness+ Top Business Lawyers in Francophone Africa – Ranked for the 8th time in 2024
• The Legal 500: Private Practice Powerlist: Africa Specialists – 2021
• Global Arbitration Review – GAR 30 – 2022: “Ostrove is praised for his strategic thinking, calm under pressure and leadership.”
• Who's Who Legal – Thought Leader – International arbitration: “Michael is deemed a great advocate and that he is praised for his measured and strikingly accurate advice to clients.”
• Acritas Star™ Lawyer – Litigation & Regulatory

Michael frequently publishes on topics relating to international arbitration and international investment law. Recent publications include:

• “Towards New International Procedures for Investment Protection? Réflexions lors du Colloque du 100e anniversaire de l’IHEI,” written by Michael Ostrove, in Le Droit International pour un Monde Nouveau / International Law for a New World (Pedone, October 15 2023), pp. 223-229.
• Interview in Le Nouvel Économiste on the advantages of evaluating foreign investment from the perspective of international arbitration, 13 February 2023.
• “L’arbitrage international, atout de la place de Paris,” co-authored with Maxime Desplats, in Le droit comme facteur d’attractivité, N. Lenoir, ed., January 2023
• “Organisations internationales et personnes privées: Quels recours, pour quels différends?” 126(3) Revue Générale de Droit International Public 477 (2022).
• “Reduction of French solar tariffs – how can investors protect their rights, 10 March 2022”
• “Awards: Challenges,” published in GAR’s The Guide to Challenging and Enforcing Arbitration Awards, 1st and 2nd eds., 2019 and 2021.
• “Western Europe – Overview” in The International Comparative Legal Guide to International Arbitration 2019.
• “Developments in African Arbitration,” published in GAR's Middle Eastern and African Arbitration Review, 2018.
• “L’exécution des mesures conservatoires prononcées par les tribunaux arbitraux,” 121 Revue Générale de Droit International Public 197 (2017).
• Choice of Venue in International Arbitration, editor, Oxford University Press, 2014.

Since 2014, Michael has taught international arbitration in the International Business Law Masters 2 program at the University of Paris-Panthéon-Assas (formerly the University of Paris II). He routinely provides guest lectures for other programs.

Michael is a frequent speaker at conferences. Recent examples include:

• Panelist, “National Security in Investment and Commercial Arbitration: Sword and Shield?” Vilnius Arbitration Day, 13 September 2024.
• Panel Moderator, “Compliance with Awards: Is it Waning?” CILS International Arbitration Symposium, Salzburg, 7 June 2024.
• “Ethics and Arbitration: Shedding light on issues of conflicts of interest, independence and impartiality of arbitrators,” Paris Arbitration Week, 19 March 2024.
• Discussion facilitator for “Cross-Examination in International Arbitration,” a session held at the Ninth SOAS Conference on Arbitration in Africa, Cape Town, 11 October 2023.
• Host speaker (with Théobald Naud), “Is Investment Arbitration Dead? European and African Perspectives,” Paris Arbitration Week, 28 March 2023.
• Presenter, “The Growth of Mediation in Commercial and Investment Disputes,» Seoul ADR Festival, 8 November 2022
• Panelist, “Sectoral Stocktaking of African Disputes”, African Arbitration Association 2nd Annual Conference, 5 November 2022
• Moderator, “Experience with the Use of Damages Experts in Investment Arbitration”, 12th Prague International Treaty Arbitration Conference, 20 October 2022
• Keynote, “Challenges Facing Arbitration Institutions Over the Next Decade,” Copenhagen Arbitration Day, 15 September 2022
• Moderator, “Let’s discuss African mining concessions: How a balanced deal delivers an enduring relationship,” Africa Down Under, 2 September 2022
• Panelist, “Pre-trial considerations,” Prague Arbitration Day, 7 April 2022
• Panelist, “L'efficacité des Instruments Internationaux,” OECD/IHEI conference, 11 March 2022
• Presenter, “Korean companies in the global market - best practice to protect your foreign investments,” Seoul ADR Festival, 5 November 2021
• Presenter, “Treaty Planning and Key Threshold Issues,” Mumbai Centre for International Arbitration, 7 October 2021
• Moderator, “The Future of ISDS in Africa,” Paris Arbitration Week, 6 July 2020
• Presenter, “La médiation investisseur-État et ses implications pour le Continent africain,” 6th SOAS Arbitration in Africa Conference, 12 March 2020
• Panelist, “Litiges africains devant des tribunaux arbitraux CCI: types and problématiques,” ICC Dakar Conference, 7 February 2020
• Moderator, “Counterclaims in Investment Treaty Arbitration,” British Institute of International and Comparative Law, Investment Treaty Forum, 6 November 2019

• Advisory Committee, Wayne State University Program for International Legal Studies
• Executive Committee, Foundation for International Arbitration Advocacy (2010-2023)
• Comité français de l’arbitrage
• Institut d’arbitrage international
• International Bar Association (Arbitration Committee; Former co-chair of State Mediation Subcommittee of the Mediation Committee)
• African Arbitration Association
• African Society of International Law
• American Bar Association (Section of International Law, Section of Dispute Resolution)
• Paris – The Home of International Arbitration / Paris Place d’Arbitrage (Executive Board, 2009-2016)
• American Society of International Law