Charles Nairac
Biography
Overview
A partner in the Firm's International Arbitration Practice, Charles Nairac advises on commercial and investor-state arbitration, with a focus on the construction and energy industries.
Charles offers his clients the benefit of his comprehensive experience. He has resolved difficult cross-border disputes from Africa and Latin America to the Middle East and Central Eastern Europe, supporting a wide range of clients from governments to the owner of a family business. A citizen of Mauritius, the United Kingdom and France, Charles is fluent in English and French, and is able to handle complex arbitrations in either language. He has been involved in international commercial and investment arbitrations under most of the major institutional rules, as well as in ad hoc arbitrations.
Charles also accepts nominations as arbitrator, and recently served as a party-appointed arbitrator in a complex construction dispute involving a project in Central Asia. He is a member of a number of organizations with worldwide recognition, among which are Africa International Legal Awareness (Advisory Board), Paris, the Home of International Arbitration, IBA (Recognition and Enforcement of Arbitral Awards Subcommittee), the ICC Task Force on "Financial Institutions and International Arbitration" and "Maximizing the Probative Value of Witness Evidence".
Before joining White & Case LLP in 2001, Charles started his career doing M&A and finance work in a boutique firm, and then served as in-house legal adviser for a French bank in Singapore. While Charles' practice focuses exclusively on arbitration, this personal experience with transactional work and in the day-to-day business of a major company has given him an excellent understanding of the environment in which his clients operate.
Charles is recognized in leading legal directories such as Chambers, The Legal 500, the International Who's Who of Construction Lawyers and the Global Arbitration Review 100. He also teaches international arbitration at Sciences-Po Paris, Université de Paris I, Université Paris II and Université de Nancy.
Experience
ICC arbitration concerning one of the largest infrastructure projects in the world, 2013 – ongoing
Charles is representing the main contractor on one of the world's largest infrastructure projects located in Central America, in a series of related ICC arbitrations against the employer.
Gold Reserve Inc. v. Venezuela (ICSID Case No. ARB(AF)/09/1), 2014 – 2017
Charles represented a publicly listed Canadian mining company in annulment proceedings before the French courts of a long-running ICSID arbitration, under the Canada-Venezuela BIT, relating to one of the world's largest undeveloped gold/copper deposits.
Hydroelectric project in the Andes, 2017 – ongoing
Charles is representing a European construction company in an ICC arbitration regarding the construction of a hydroelectric project in Chile.
Oil & gas field in Central Asia, 2012 – 2014
Charles represented a Central Asian petroleum company in three LCIA arbitrations against the supplier of a gas treatment plant, over the quality and value of the plant supplied and services performed.
Commisimpex v. Republic of Congo, 2008 – 2016
Charles successfully represented Commisimpex in a Paris-seated ICC arbitration against the Congo relating to public works that had remained unpaid for 30 years.
Major infrastructure project in South Eastern Europe, 2009 – 2016
Charles is representing represented a consortium of major Western European contractors, in an ad hoc arbitration against a Southern European state, arising out of the construction of a motorway.
Vigotop Ltd. v. Hungary (ICSID Case No. ARB/11/22), 2011 – 2014
Charles represented the State of Hungary in the successful defence of claims in an ICSID arbitration, arising under the Hungary-Cyprus bilateral investment treaty relating to the alleged expropriation of the concession to a "mega casino" project.
Karmer Marble Tourism Construction Industry and Commerce Limited Liability Company v. Georgia (ICSID Case No. ARB/08/19), 2008 – 2012
Charles represented the government of Georgia in an ICSID arbitration arising out of alleged breaches of Georgia's treaty obligations to the claimant, in connection with the construction of a motorway and the concession of a hotel in the Autonomous Republic of Adjara.
"Construction Arbitration", 20 December 2017: CFA-40 Expert Series, Paris
"Third Party Funding: From the Ethical to the Financial Considerations" (keynote speaker), 27 April 2017: Université Paris 1 Panthéon-Sorbonne, Paris
"Africa & International Arbitration" (moderator), 25 April 2017: CFA/Paris, Home of International Arbitration Joint Conference, Paris
"Focus on the law Firms: (i) Challenges for African Arbitration Law Firms; (ii) Successes Stories in West Africa: Counsel's perspective; (iii) Co-Counseling: opportunities for Africa?", 20 April 2017: I-ARB West Africa International Arbitration Conference, Abidjan
"Comparative study of the public and arbitrability exceptions under Article V (2) of the New York Convention", 20 September 2016: IBA Conference, Washington DC
"Abuse of Process in International Arbitration and the Unwillingness of Counsel to Accept the Outcome of Arbitration in Sub-Saharan Africa - Damaging the Brand", 19 – 21 June 2016: 1st ICC Africa Regional Arbitration Conference, Lagos
"Constituting the Tribunal & Challenging Its Members: Due Process Issues and Concerns", 9 May 2016: ICCA Mauritius 2016, Pailles
To What Extent Do Arbitral Tribunals Take into Account Public Policy in the Jurisdictions of Prospective Enforcement of an Award? An Analysis of ICC Awards, ICC Dispute Resolution Bulletin, Issue 1, 2016, (Co-author with Elina Aleynikova and Manu Thadikkaran)
Hall of Fame for Dispute Resolution: International Arbitration, France (The Legal 500 2024)
Band 2 for Dispute Resolution, Africa wide (Chambers Global 2024)
Band 2 for International Arbitration, France (Chambers Europe 2018 - 2024)
"Thought Leader: Arbitration" (Who's Who Legal 2023)
"Thought Leader: Construction" (Who's Who Legal 2023)
"Charles is exceptional for arbitration cases. He knows the key arguments we should focus on, he knows all peers in the market, he made an excellent speech in the hearing, and he is very experienced." (Chambers Europe 2024)
"The best thing for me was seeing his cross-examination and the way he deals with people - it is an absolute joy to watch." (Chambers Europe 2024)
"Charles Nairac is an industry veteran. His strategic insight on how to formulate defense is invaluable." (The Legal 500 2024)
Charles Nairac is well reputed for his expertise in investor-state and commercial arbitrations across the construction, finance and energy sectors. (The Legal 500 2023)
Charles Nairac is regularly instructed on complex arbitration cases and handles both investment and commercial arbitrations across a variety of jurisdictions, including in Eastern Europe and Central America. (Chambers Europe 2023)
Charles Nairac is admired among market commentators for his "impressive management of large and complex cases" (Who's Who Legal 2022)
Clients describe him as "highly dependable and a pleasure to work with", "extremely personable and the quality of his work is excellent" (Chambers Global 2018)
Charles is "charismatic, skilled and persuasive and therefore very effective during negotiations." (Chambers Global 2017)
He is praised for his "high analytical ability, his attention to even the slightest detail, his logical reasoning and sound judgement" (Chambers Global 2016)
Charles is "impressive and efficient" (The Legal 500 2016)
He is "very meticulous and very business-oriented", with "an impressive track record on complex disputes" (Chambers Global 2015)
"He's one of the most skillful negotiators I've worked with, […], an excellent lawyer, very thoughtful and considers all aspects of the case in both substance and procedure" (Chambers Global 2014)
