INTERNATIONAL ARBITRATION
OVERVIEW
Samantha Nataf acts as arbitrator, counsel and legal expert in both commercial and investment arbitration. She was recently designated by the State of Israel to the ICSID panel of arbitrators.
She has handled over 70 international arbitrations under both common law and civil law systems, across multiple jurisdictions worldwide, involving a wide variety of applicable laws and administered by numerous arbitral institutions (including DIAC, ICC, ICSID, LCIA, PCA, UNCITRAL and CCJA), as well as in ad hoc proceedings.
Her cases span a broad range of industries, including aerospace, construction, defense, energy, mining, telecommunications and technologies.
She has specific expertise in complex multi-party and multi-contract disputes involving intricate contractual frameworks and complex legal issues, including jurisdictional issues.
Samantha is listed on the following panels of arbitrators:
The International Centre for Settlement of Investment Disputes (ICSID) (upon designation by the State of Israel)
The International Centre for Dispute Resolution-American Arbitration Association (ICDR-AAA)
The Singapore International Arbitration Centre (SIAC)
The Dubai International Arbitration Centre (DIAC)
The Mediation and Arbitration Center of Paris (CMAP)
The ICC French National Committee (ICC France)
The Korean Commercial Arbitration Board (KCAB)
The Shanghai Arbitration Commission (SHAC)
The Israeli Institute of Commercial Arbitration (IICA)
INDUSTRY SECTORS
Samantha Nataf’s industry knowledge and experience covers:
AEROSPACE
Aviation
Aircraft design, operation, maintenance, repair and overhaul (MRO), engines and spares parts, systems and equipment (avionics, navigation, flight control), airlines, OEMs, commercial agents, airports and ground support equipment (airport infrastructure and surveillance systems, ground handling equipment, support services), anti-corruption and compliance, air accident.
Satellite & space technologies
Satellite design and launch, commercial and military operations, ground segment technologies, orbital slot coordination and filing (ITU regulations), capacity commercial agreements, competition issues.
CONSTRUCTION, ENGINEERING & INFRASTRUCTURE
Airports, desalination plants, hydroelectric power plants, hotels, ports and container terminals, railways, recycling and logistics, roads, solar power plants, wind farms, and water purification systems, delays, interface, owners, contractors, and sub-contractors, turnkey projects, EPC contracts, joint ventures, investor-state disputes, private public partnerships, warranties.
PUBLIC INTERNATIONAL LAW & STATES DISPUTES
Investor–State arbitration (BITs, MITs, ICSID, UNCITRAL); treaty interpretation and application; expropriation; fair and equitable treatment (FET) and full protection and security; Jurisdiction and admissibility; sovereign immunity; damages and valuation in international claims; parallel proceedings and treaty shopping; enforcement and annulment of arbitral awards.
LIFE SCIENCES
Pharmaceutical and biotechnology companies, distribution agreements, research, development and licensing agreements, patent infringement, and other intellectual property matters, share purchase agreements of drug-related companies, including liability guarantees and implementation of post-closing warranties.
ENERGY & NATURAL RESSOURCES
Energy projects and disputes across the oil & gas and mining sectors, including upstream, midstream and downstream operations, production sharing agreements, joint operating agreements, concessions and licensing regimes, regulatory and environmental issues, resource nationalism, expropriation, infrastructure and transport arrangements, and post-M&A, joint venture and shareholder disputes.
TELECOMMUNICATIONS
Telecom companies, issuance of mobile licenses, share purchase agreements, and buyout clauses, shareholders’ disputes, post-M&A and joint venture disputes, telecom license tenders and commercial agreements.
DEFENSE
Military aircraft, equipment and systems, naval defense systems (frigates, submarines), defense technologies (radar systems, surveillance systems), defense procurement and partnerships (government contracts, international cooperation, technology transfers), anti-corruption and compliance.
REGIONS
Samantha Nataf has acted as counsel or arbitrator in disputes involving parties from, and proceedings seated in or governed by the laws of, the following jurisdictions:
PARTIES FROM
Africa
Algeria, Burkina Faso, Burundi, Central Africa, Democratic Republic of Congo, Egypt, Ethiopia, Gabon, Mauritania, Morocco, Senegal, Tunisia.
Asia
India, Indonesia, Japan, People’s Republic of China, Singapore, South Korea, the Republic of China.
Europe
Belgium, Bulgaria, France, Germany, Italy, Luxembourg, Poland, Portugal, Romania, Spain, Switzerland, United Kingdom.
Latin America
Brazil, Chile, Columbia, Mexico.
The Middle East
Cyprus, Israel and the United Arab Emirates.
The United States
California, Delaware, Florida & New York.
SEATS & GOVERNING LAWS
Abu Dhabi, Algeria, Belgium, Brazil, Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Cyprus, Dubai, Egypt, England and Wales, European Union law, France, Gabon, Ghana, Hong Kong, Israel, Italy, Japan, Luxembourg, Mexico, Morocco, Niger, Public International Law, Senegal, Singapore, South Korea, Switzerland, Tunisia, UNIDROIT Principles, US (California, Delaware, & New York).