Caroline Duclercq

EMAIL caroline.duclercq@medici.law

PHONE +33 1 81 70 82 50

ADMISSION

• Paris Bar

LANGUAGES 

• English
  
• French

EDUCATION

• Mediation Training — CMAP (2018)
• Montpellier Bar School — Montpellier, France (2001)
  
• Postgraduate Degree (DESS) in International Business Law — University of Montpellier (2000)

Founding partner of Medici law firm, Caroline Duclercq has been practicing international arbitration for nearly twenty-five years.

She regularly advises both French and foreign companies and has acted as Counsel in numerous arbitration proceedings, whether ad hoc or governed by the main institutional rules (ICC – International Chamber of Commerce, SCC – Stockholm Chamber of Commerce, AFA – Association Française d'Arbitrage, CMAP – Centre de Médiation et d'Arbitrage de Paris, LCIA – London Court of International Arbitration, SIAC – Singapore International Arbitration Centre, Cepani – Belgian Centre for Arbitration and Mediation, CCAT, etc.), involving disputes subject to a wide variety of applicable laws.

Caroline also frequently serves as arbitrator – as sole arbitrator, co-arbitrator, presiding arbitrator, and emergency arbitrator – in commercial arbitration cases. She is listed on numerous panels of arbitrators, including the ICC, CMAP, AFA, SIAC, DIAC (Dubai International Arbitration Centre), CCJA, CRCICA (Cairo Regional Centre for International Commercial Arbitration), among others.

She has developed particular expertise in complex disputes, notably involving African and Middle Eastern parties, and operates across a wide range of sectors, including engineering and construction contracts, distribution, hospitality, energy (oil & gas), intellectual and industrial property, corporate matters (joint ventures and shareholders’ agreements), telecommunications, and transport.

Caroline has also built a strong practice in arbitration-related litigation, particularly in annulment and enforcement proceedings before French courts.

In addition, she regularly acts as a contract manager, both for Employers and Contractors, with a focus on dispute prevention, especially in the construction and engineering sectors.

Since 2014, Caroline is Director of the on-line University Diploma (MOOC) on domestic and international arbitration with the University of Montpellier (France). She is also lecturer in arbitration at the University of Versailles St-Quentin, Montpellier and Toulouse (France).

She is the co-founder of the round-tables dedicated to arbitration “Wake up (with) Arbitration!” since 2012 and regularly speaks at conferences relating to arbitration, construction and gender equality.

She is a Board Member of the Association Française d'Arbitrage (AFA) and Paris MENA Legal Club and an active member of the French Commission of ICC.

RECOGNITION

• She is listed in the "Leader" category as a "Recommended practitioner" in Who's Who Legal;
  
• Since 2019, she is recognised in the list of "Best lawyers" in "Arbitration and Mediation" and "International Arbitration" categories of Les Echos magazine;
• In 2021, Caroline is ranked in the Arbitrators list of the Magazine Décideurs in the "Strong reputation" category;
• She is listed in the Legal 500 "Private Practice Powerlist 2023 Arbitration | France" since 2023.

EXPERIENCE

Experience as Counsel in commercial arbitration 

• Counsel to a Cameroonian individual and a Swiss third-party financier in an ICC case involving a transfer of shares against five African defendants - OHADA law - French language ;
  
• Counsel for the Claimant in an ICC case between a Lebanese company and a company from the UAE in relation to the construction of a pipeline — UAE law — English language;
  
• Counsel for the Claimant in an ICC case between French companies in relation to an advisory agreement in the context of the restructuring of a group — French law — English language;
  
• Counsel for the Claimant in an ICC case between a French company and a Dutch company in relation to the performance of exclusive patent licences — French law — English language;
  
• Counsel for the Respondent in an ICC case between an English company and a Moroccan company in relation to loan and financing contracts in the context of the Moroccan Exchange Office Regulation — French law — English language;
  
• Counsel for the Claimant in an ICC case between an American group and a Japanese company in relation to a joint venture in the context of a tire cartel — New York law — English language;
  
• Counsel for the Respondent in an ICC case between a French company and a Mauritian group arising out of a hostelry management contract for three new-built hotels — French law — French language;
  
• Counsel for the Claimant in an ICC case between an Indian company and a German group in connection with distribution and agency contracts — German law — English language;
  
• Counsel for the Respondent in an ICC case between a Moroccan company and a Swiss company regarding hotel operations — French law — French language;
  
• Counsel for the Claimant in an ICC case between a Belgian company and a Portuguese company regarding a distribution agreement and assignment of trademarks — Belgian law — French language;
  
• Counsel for the Claimant in a FNTP (Fédération Nationale des Travaux Publics) case between two French companies in relation to a consortium in the construction industry — French law — French language.

Experience in proceedings related to arbitration

• Counsel to a French company in an action for annulment of an award for breach of the adversarial principle and ultra petita award; partial annulment obtained;
• Counsel for a third-party funder who has been joined to an ICC case between Cameroonian, French, Lebanese and Swiss companies in relation to a share purchase agreement — OHADA law — French language;
• Application for legal classification of domestic/international arbitration before annulment proceedings for the purpose of opposing seizures proceedings before the First President of the Paris Court of Appeal;

• Procedural incident - Application for de-listing the action of annulment for non-execution of an award;

• Protective seizures and assignments in the context of the enforcement of two arbitral awards;

• Counsel to a third-party funder in proceedings for annulment of a partial award on jurisdiction (ratione personae) dismissing the junction of the third-party funder as co-claimant;
• Counsel to a French company in proceedings for annulment (partial annulment) of an award based on violation of due process and ultra petita award;
  
• Counsel to a Swiss company in proceedings for annulment of a final award based on violation of public policy regarding collective proceedings;
• Counsel to a French company against two other French companies in proceedings for annulment of an ICC award based on violation of due process and equality between the parties;
  
• Counsel to a French company against another French company in proceedings for annulment an ICC award based on the violation of due process and public policy;
  
• Counsel to a Moroccan company against an English company in proceedings for annulment of an ICC award based on violation of public policy;
  

• Counsel to an American company for the enforcement of an award issued against a French and Israeli company: exequatur, seizures, conciliation as part of the Covid statutory provisions and negociations of a settlement agreement;

• Counsel to a Swiss company for the enforcement of two awards issued against Swiss, Cameroonian and Lebanese companies: exequatur, banking seizures and seizure of property, debts, trademarks, search for assets;

• Counsel to a French company for the enforcement in Mauritius of an ICC award in relation to a hostelry management contract for three new-built hotels;
  
• Counsel to a Moroccan company against a German company in proceedings for annulment of a ICC award based on lack of independence and impartiality;
  
• Counsel to a Spanish company against a Moroccan company in the context of pre-arbitration proceeedings in the construction industry.

Experience as arbitrator

• Sole arbitrator in an ICC case between a French company and a Dutch company against an Italian company relating to a wind farm construction project — French law — English language;
• Sole arbitrator in a CMAP case between a Saudi company and two UAE companies relating to an agency contract — French law — English language;
  
• Sole arbitrator in an ICC case dealing with a post-acquisition dispute between a French company and a German company — French law — French language;
• Co-arbitrator in an ICC case opposing a Tunisian company to Turkish and Danish companies related to construction contracts — French Law —  English Language;
• Chairman in an ICC case between two UAE companies relating to a contract for the construction of an hospital center — UAE law —  English language;
• Chairman in a CMAP case between two French companies relating to an exclusive game license agreement — French law — French language;
• Chairman in an ICC case between an Egyptian company and a Chinese company relating to a construction subcontract — Egyptian law — English language;
• Chairman in an ICC case between a French company and an Italian company relating to a licensing agreement — French law — English language;
• Emergency arbitrator in an ICC case between an Italian company and an Egyptian entity relating to the call of guarantees in a construction contract — Egyptian law — French language;
• Emergency arbitrator in an ICC case between a Danish and Russian company related to an hotel franchise contract — English law — English language;
• Sole arbitrator in an ICC case between a French and UAE company related to the performance and the termination of license, support and supply contracts — French law — English language;
• Sole arbitrator in a CMAP case between seven French companies relating to a shareholder agreement — French law — French language;
  
• Sole arbitrator in an ICC Case between two French companies relating to a representation contract — French law — French language;
  
• Sole arbitrator in an ICC case between an African State and a private company in the British Virgin Islands arising out of the enforcement of an arbitral award and a subsequent settlement agreement that is argued to have been concluded in fraud — Swiss law — English language;
  
• Sole arbitrator in a CMAP case between two French companies relating to a consultancy agreement — French law — French language;
  
• Sole arbitrator in an ICC case between two Spanish companies relating to a shareholder agreement relating to railways — French law — English language;
  
• Sole arbitrator in an ICC case between a US company and a Senegalese banking corporation relating to the construction of oxygen plants for hospitals — French law — French language;
• Sole arbitrator in an ICC case between an Egyptian entity, a Dutch company and a UAE company relating to a service agreement — French law — English language;
  
• Co-arbitrator in a Danish Institute case between a Danish company and a Moroccan company regarding a franchise agreement — Danish law — English language;
  
• Co-arbitrator in an AFA (Association Française d'Arbitrage) case between an American group and a French company relating to the performance of an acquisition contract — French law — French language;
  
• Co-arbitrator in a CCAT case between a State-owned company and a Canadian company regarding a services contract — French law — French language.

Experience as Contract Manager

• Follow-up of a contract for the construction of a pharmaceutical plant in Brittany for the Employer (€ 75M);

• Follow-up of a contract for the construction of a factory in Normandy for the Project Manager (€ 140M);

• Follow-up of a contract for the construction of two viaducts in Morocco for a Contractor;

• Follow-up of two port rehabilitation contracts in Africa for a Contractor — FIDIC Red 1999;

• Follow-up of a contract for the construction of two hotels in Paris for a Contractor — FIDIC Yellow 1999.
  

PROFESSIONAL EXPERIENCE

• Since 2020 — Founding Partner, Medici (Paris)
• 2012-2020 — Partner, Altana (Paris)
• 2010-2012 — Counsel, Lazareff Le Bars (Paris)
• 2009-2010 — Associate, Derains Gharavi & Lazareff (Paris)
• 2002 -2008 — Associate, Lazareff law firm (Paris)

EDUCATION

• 2018 — Mediation training  — CMAP
  
• 2001 — Bar School Certificate (France) - Memoranda: “Arbitration and Groups of Contracts” and “Pre-franchising Contracts”
• 2000 —  Postgraduate Degree (DESS) International Business Law - University of Montpellier (France)
• Certificate of International Business and Tax Law - HSD Ernst & Young International Arbitration Moot in Vienna (Austria)
• 1997 — Master of Commercial and International Business Law - University of Montpellier (France)

MANDATES/TEACHING

• October 2020 — Lectrurer on "Drafting procedural documents in the context of an arbitration" at the Master II in Arbitration and International Trade Law, University of Paris Saclay;
• 2007-onwards — Lecturer at the Master II in Arbitration and International Trade Law, University of Paris Saclay (former University of Versailles);
• 2011-onwards — Lecturer at the Master II in International Business Law, University of Montpellier;
• 2014-onwards — Lecturer at the Master II in International Business Law, University of Toulouse;
  
• April 2020 — Lecturer at EIMA (International School of Alternative Dispute Resolution), training course on the different phases of an arbitration procedure;
• 2015-onwards — Director of the online degree (MOOC) on Domestic and International Arbitration, University of Montpellier (duarbitrage.org);
  
• 2012-2013 — Lecturer at the Paris Bar School on “The Judge and the Arbitrator”;
• 2012-onwards — Founding Member of the round-tables dedicated to arbitration “Wake up (with) Arbitration!”;
  
• Member of the French Commission on International Arbitration of the ICC;
  
• Board Member of the Association Française de l’Arbitrage (AFA) and Paris MENA Legal Club;
  
• Arbitrator on the lists of ICC, AFA, CMAP and CAMM (arbitration institution from Madagascar) and CRCICA (Cairo, Egypt);
  
• Member of ArbitralWomen;
• Caroline is the co-founder of the Contract Management Certificate since 2024.
  

RECENT TALKS

• June 2024: Presentation as part of the contract management training course - visio 
• May 2024: Presentation at the ICC Institute of World Business Law training course on international commercial arbitration on “Authorization of new claims, non-signatory parties and intervening parties” - Douala (Cameroon)
• September 2023: Speech at the Arbitration and Companies in OHADA Law Conference - Dakar (Senegal)
• June 2023: Speech at the 7th ICC International Conference in Africa: “Difficulties of access to OHADA law, case law and doctrine” - Lagos (Nigeria) 
• December 2022: Intervention during the Maghreb Days organised by ICC arbitration and Ifriqya A, on third-party funding in arbitration - Tunis (Tunisie)

• July 2022: Intervention during the colloquium organized around arbitration and debt enforcement in OHADA law, on the compensation of claims recognized by the arbitrator and the judicial authority - Lomé (Togo)

• April 2022: Intervention on notarial arbitration, organized by the Chamber of Notaries of Paris

• February 2022: Training on the arbitration clause in OHADA law - Guinea
• December 2021: 35th International Conference of Bars, on "Online arbitration, a model of civil justice?" - Libreville, Gabon
• June 2021:  "Arbitration and securities in OHADA law" conference organized by Achille Nganza, lecture on "The right of retention of the arbitral award" - Abidjan, Côte d'Ivoire;
  
• April 2021:  "Being a woman in an arbitrator world, by Caroline Duclercq", Paris Baby Arbitration Podcast;
• March-April 2021: "Cross examination of witnesses - When Commen Law interferes with civil law", theorical and practical training, by the AFA (Association Française d'Arbitrage);
• January 2021: "10th anniversary of the French Arbitration Law Reform", conference organized by Le Club des Juristes;
• April 2020: "Third-party funding at the time of COVID-19" webinar organised by the Chinese Swiss Law Association;
  
• February 2020: "Women in arbitration" for the MACI lecture - Paris;
  
• December 2019: MENA Conference on the "Duration of an arbitration proceedings in the construction industry" - Dubai, UAE;
  
• October 2019: Conference CNB on "How to manage the duration of an arbitral proceedings" – Paris, France;
  
• June 2019: ICC Conference for the Maghreb International Arbitration on expedited procedure – Tunis, Tunisia;
  
• March 2019: 7th ICC MENA Conference on "Diversity in International Construction Arbitration from DABs to Tribunals" - Abu Dhabi, UAE;
  
• February 2019: CFA colloquium on international public policy in France, Spain and England – Madrid, Spain;
  
• January 2019: Option Finance Colloquium "Ethic and arbitration" - Paris, France;
  
• January 2019: “Wake up (with) Arbitration!” debate relating to the international chambers of the Paris Court of Appeal - Paris, France;
  
• January 2019: AFA (Association Française d'Arbitrage) training on “Cross-examination of witnesses: when common law visits civil law practice” - Paris, France;
  
• 12 December 2018: Paris Bar : “Arbitration and Mediation in the OHADA zone”;
  
• 21 September 2018: “Oral evidence in arbitration” by the International Campus - Abidjan, Côte d’Ivoire ;
  
• 12 April 2018: GAR Live Paris on “Construction Disputes: Delay experts – are their days numbered?”;
  
• 29 January 2018: “Cross-examination of witnesses: when common law visits civil law practice” for the French Arbitration Association - Paris, France;
  
• 14 December 2017: "Enforcement of awards in Morocco and Africa" during the annual Symposium organized by Lexis Nexis on “Investments in Africa and Legal Certainty- the 30 main strategic issues” - Casablanca, Maroc;
  
• 6 December 2017: “Overcoming procedural conflicts in international arbitration” during the conference “Navigating through Common Law and Civil Law waters in International Arbitration: Young Perspectives from Europe and the Americas” organized by CIArb YMG - Paris, France;
  
• 1st December 2017: “The pros of choosing French law arbitration” during the international conference “Arbitration, a development channel for economic operators in the African – Indian Ocean zone” - La Réunion, France.
  

PUBLICATIONS

PUBLICATIONS

• “Withdrawal litigiuex et office du juge du contrôle: la fin d'une saga judiciaire” - Les Cahiers de l'arbitrage, August 2024;
• “Third-party financiers and OHADA arbitration” - Arbitrage et sociétés en droit OHADA, September 2023 ;

• "The compensation of claims recognized by the arbitrator and the judicial authority" - Arbitration and debt enforcement in OHADA law (to be published) - July 2022

• "Les mécanismes pratiques à même de protéger les parties faibles" (Practical mechanisms to protect vulnerable parties) - Revue de l'Arbitrage, May 2022

• "L’arbitrage en ligne : modèle pour la justice civile ? (Online arbitration: a model for civil justice?) - Published in " La justice menacée par la Covid-19: les remèdes " (Justice threatened by Covid-19: the remedies), January 2022

• " Le droit de rétention de la sentence par les arbitres en cas de non paiement de leurs honoraires " (The right of arbitrators to withhold the award in case of non-payment of their fees) - published in " Arbitrage et sûretés " (Arbitration and guarantees), June 2021

• "When JCJA clarifies the issue of arbitrability of disputes involving the application of public policy provisions" - Medici Blog, March 2021
• "Arbitrator’s power to order daily rate of damages and depart from parties' claims" - Medici Blog, February 2021;
• Report of the Conference on the 10th anniversary of the reform of French arbitration law, February 2021;
• "UNCITRAL Arbitration rules: the Pionner Arbitration framework", in the ADR Cell, New Law College, University of Pune (India), November 2020;
  
• Caroline Duclercq and Thais Barthelémy "Last update on COVID-19: An event of Force Majeure?" - Medici Blog, July 2020;
• "Duration of arbitration vs. duration of litigation: refelexions" in Les Cahiers de l'Arbitrage, 2019-4, pp. 667 to 677, July 2020;
  
• "Report on Third-Party Funding in Arbitration Global Forum" in the Journal of Swiss Chinese Law review, further to the 4th edition of the SCLA Global Forum, June 2020;
  
• "Women in arbitration", May 2020;
  
• "Professor in arbitration, a professional arbitrator?", May 2020;
• Interview for the LJA about the publication of awards, June 2019; 
• “Publication of the award: a secret life is a happy life?” - Report Roundtable for “Wake Up (with) Arbitration!”, March 2019;
• “The Hong Kong International Arbitration Centre amends its arbitration rules” - Blog Altana law firm, December 2018;
• “Société Saad Budzair Automotive Co v. Société Audi Volkswagen Middle East FZE LLC”, Paris Court of Appeal 27/03/18 – Revista Brasileira de Arbitragem;
• “When French Judges confirm the expansion of their control over arbitral awards” - YAR (Young Arbitration Review), November 2018;
• "Construction Arbitration : the updated ICC Report” - Les Echanges internationaux, September 2018;
• “The choice of French arbitration law”, chapter of the book “Arbitration and investment in Africa and Indian Ocean Zone” - Lexis Nexis, September 2018;
• “London’s burning, Paris s’éveille?” - Report Roundtable “Wake Up (with) Arbitration!”, June 2018;
• “Obligation of disclosure and notorious fact: when the Court of Appeal recalls the extent of this obligation” - Blog Altana law firm, April 2018;
• “Slipery slope for intra-EU investment arbitration”  - Blog Altana law firm,  March 2018;
• "When civil law countries recognize punitive damages"  - Blog Altana law firm, January 2018;
• "Enforcement of Arbitral Awards: Creditors, don’t wait too long!" - Blog Altana law firm, January 2018;
• "English Court Rules on the Extent and Limits of the Role of the Secretary of the Arbitral Tribunal", Decision of 9 February 2017 of the Commercial Court of the High Court of Justice (Queen’s Bench Division, Case No. CL–2016–61) - Revista de Arbitraje Comercial y de Inversiones , November 2017;
• "Arbitrator and Defaulting Party: All alone like in 'the Martian'" - Blog "Wake up (with) Arbitration!", August 2017;
• 'Third-Party Funding: new recognitions in domestic legislations and statuts" - Blog Altana law firm, August 2017;
• "Arbitrage et Partie Faible"  - Clunet, March 2017;
• "New trends in French Arbitration Law: a narrower control of the compatibility of international arbitration awards with international policy?" - The American Lawyer, October 2016.

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