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Louis Degos

Partner
+33.(0)1.58.44.15.30
Fax +33.1.58.44.15.01

Louis Degos is a highly regarded litigation and arbitration lawyer. In 2011 he was elected by his peers as a member of the Board Council of the Paris Bar for a three year tenure (2012-2014).

Mr. Degos concentrates his practice on arbitration and he has extensive experience in commercial litigation and alternative dispute resolution. He pleads regularly before French state courts and arbitral (ad hoc and institutional) tribunals in domestic and international disputes.

Mr.  Degos has taken part in some 80 arbitrations as a counsel or as an arbitrator (President of Arbitral Tribunal, co-arbitrator or sole arbitrator) in domestic and international arbitrations, ad hoc or following arbitration rules (ICC, CMAP, AFA, Swiss rules of international arbitration, UNCITRAL etc.).

He frequently represents parties in alternative dispute resolution proceedings. He advises parties within the framework of mediations and other alternative dispute resolution modes, such as assisted negotiation or mini-trial. He is often appointed mediator, both in domestic and international disputes.

Mr. Degos is also well-known for his particular knowledge in arbitration law and his experience in disputes following or related to an arbitration. He represents parties before state courts within the framework of proceedings related to arbitration (temporary and protective measures, appointment of the arbitral tribunal, appeal, annulment recourse and execution of awards). He has been counsel, co-counsel or consultant, in over 20 recourses against or enforcement of arbitral awards in France and abroad. He is also the regular counsel of an important institution of arbitration and often represents arbitrators whose liability is engaged before courts.

Professional Background

Before joining K&L Gates LLP, Louis Degos was a partner first in a French law firm and afterwards, in the Paris office of a British law firm where he practiced commercial litigation and international arbitration.

Publications
Mr. Degos has written numerous articles about domestic and international arbitration, both in French and in English. He also held conferences in France and abroad.

Selection of publications and work:

  • "La révélation remise en question(s)", in Cah. de l’Arbitrage N°2009/4, Gaz.Pal., 13-15 déc. 2009, p.6 et s.
  • “Inappropriate Application of Regulation Brussels 1 to International Arbitration (Critics of the “Heildelberg Report”)”, Le Barreau autour du Monde, BAM, n°21, Février 2009.
  • “La consécration de l’arbitrage en tant que justice internationale autonome”, in Le Dalloz, n°21, 29 mai 2008 p.1429
  • “L’évolution du droit dans l’entreprise - le juridique face aux défis de l’économie”, in La Tribune, 16 avril 2008, p.24.
  • “La CNUDCI abandonne l’exigence d’écrit pour la convention d’arbitrage”, in Cah. de l’Arbitrage N°2007/1, Gaz. Pal., 22-24 avril 2007, p. 5 et s.
  • “Quel résultat pour l’honoraire de résultat en arbitrage?”, in Petites Affiches (oct 2007)
  • “La Recusacion con base en opiniones previas del arbitro. ¿Hemos abierto la caja de Pandora?” in Arbitraje Internacional, Tensiones actuales, Legis, 2007, p.273.
  • “Civil Liability of Arbitrators: New Inroads on the Arbitrator’s Immunity From Suit – a Worrying or Welcome Development?”, in Stockolm International Arbitration Report, 2006 #1, p.149.
  • “Stratégie du contentieux : l’arbitrage constitue-t-il une bonne solution?”, in Option Finance, mai 2005, pp 39-41
  • “La percée de l’arbitrage dans la justice administrative : le contentieux du contrat de partenariat”, in Décideurs Stratégie Finance & Droit, 15 mars - 15 avril 2005, pp. 94-95
  • “Arbitration in a European context”, in Revista Brasiliera de Arbitragem 36 (July- Aug 2003)
  • “La Cour de Cassation consacre l’autonomie de la clause compromissoire en arbitrage interne”, in Le Dalloz n°17, 24 April 2003 p.1117
  • “The new provisions of French law relating to the arbitration clause”, in RDAI/ Int’l Bus. Law J., 2001.653 (édition bilingue)
  • “La clause compromissoire réhabilitée”, in Gaz. Pal., 13-14 June 2001, Doctrine, p. 6.
  • “Médiation et équité”, Rev. jur.comm., no. 6, 2001, p.147, avec B. Moreau, conference held on December 2000 the 4th at the Tribunal de Commerce of Paris
  • "Arbitrage interne et international: unification des conditions de la compétence du juge des référés pour accorder une provision?" in Revue de l’arbitrage, 1998.673
  • Chronique de jurisprudence française, Revue de l’arbitrage, 1997.583
  • Contributions to the Revue de l’arbitrage; responsible of the electronic version of the Revue de l’Arbitrage (distributed on CD Rom by Kluwer Law International)
  • Training for arbitrators and mediators at the CMAP near the CCIP
  • Training during sessions organized by permanent organizations of arbitration and mediation (CNEJITA-CMITA, Federation of Cocoa Commerce) for arbitrators and mediators
  • Member of the Comity of Reform of French law on Arbitration
  • General Secretary of the Work Team n°1, presided by Prof. E. LOQUIN, on the Arbitration Agreement within the framework of the workings of the Committee of inquiry of the French Arbitration Committee

Achievements

In France

  • K&L Gates Paris, represented by Louis Degos (Partner, Paris) and Peter Kalis (Chairman, worldwide) was distinguished as “Rising team and firm” in the category   “International Law Firm 2010” during the 9th Ceremony of the Trophy of Law and Finance (11 March 2010)
  • Ranking “Litigation, Arbitration, Risk Management” of the magazine Décideurs Stratégie Finance Droit, in 2010
    • Category “Arbitrators in France”: graded 2nd group “Excellent”
    • Category “Best law firms counsels in arbitration”: graded 3rd group “Strong reputation”
    • Category “Litigation and stockholders' equity”: graded 4th group “Well-known expertness”
    • Category “Industrial risks and damages”: graded 5th group “Quality practice”
  • Best Arbitrator Award, 2005: prize awarded to Louis Degos by the Centre of Mediation and Arbitration of Paris (CMAP) near the Chamber of Commerce and Industry of Paris (CCIP), presented by the Ministry of Justice, M. Pascal Clément.

Internationally

  • Louis Degos was selected for inclusion in Best Lawyers in France for International Arbitration in May 2012
  • Global Arbitration Review 2011
    Named in its “45 under 45” – a guide to leading figures in international arbitration
  • Chambers Global 2012
    • Band 2: “Dispute resolution: International Arbitration”
      ‘Interviewees are enthusiastic in their praise for “very experienced and likeable” Louis Degos, who leads the dispute resolution practice at K&L Gates. He focuses on international and domestic arbitration under a variety of rules. Clients appreciate his “in-depth knowledge of the French legal system, litigation and arbitration, his ability to put himself in our shoes, and his moral authority.” ‘
  • Chambers Global 2011
    • Named a leader in the field of Dispute Resolution: International Arbitration
  • Chambers Global 2010
    • Band 3: “Dispute resolution: International Arbitration”
    • “Louis Degos joined K&L Gates from Eversheds in 2009. He is active in both arbitration and litigation and is earmarked as “a young lawyer on the rise”. Interviewees point out that “he is extremely knowledgeable in both international and domestic arbitrations and has an in-depth understanding of the state court system”.
  • Chambers Global 2009
    • Band 3: “Dispute resolution: International Arbitration”
    • "Louis Degos has had a busy year, serving as counsel in an array of high-profile international arbitration matters. Sources praise his “calm demeanour” and emphasise that “he combines all the abilities required for arbitration.””
  • Ranked in Legal 500 Europe for International Arbitration.
  • PLC Which Lawyer? 2008
    • “Recommended” in the “Dispute resolution: arbitration” category.
    • General civil litigation and arbitration lawyer
  • Selected by the Legal Media Group Guide to the World’s Leading Experts in Commercial Arbitration (among the 50 practitioners selected for France in 2009).

Professional/Civic Activities

  • Louis Degos has been elected a member of the Conseil de l’Ordre (supervisory body) of the Paris Bar
  • Louis Degos has been appointed co-chair of the National Commission of Non-Judiciary Dispute Resolution (Résolution extra-judiciaire des litiges) by the National Board of the ACE (Avocats Conseils d'Entreprise)
  • Mr. Degos is the elected Secretary General of the “Paris: the Home of International Arbitration” organization
  • Louis Degos teaches civil procedure (Free Faculty of Law and Economics) and arbitration (University of Versailles -Saint-Quentin and HEC).
  • Louis Degos was elected by his peers in 2003 and re-elected in 2006 as General Secretary of the French Committee of Arbitration (CFA). He has been a member of the Bureau of the CFA since 2009.
  • He presides over the Commission “International Arbitration” of the Bar of Paris and he is member of the Arbitration Group of the National Council of Bars (CNB)
  • He is also a member of the International Arbitration Institute (IAI), of the London Court of International Arbitration (LCIA), of the French Association of Arbitration (AFA) and of the Swiss Association of Arbitration (ASA).

As a counsel in arbitration:

  • Counsel of a leading French group within the framework of a dispute following the acquisition of a group of societies, subject to ad hoc arbitration
  • Counsel of a Tunisian society in an arbitration against a leading European group in the area of distribution
  • Counsel of an American group in an ICC arbitration of 50M€ (Icelandic law applicable) against an Icelandic company in the field of telecommunications
  • Counsel of a French company in an ICC arbitration of 10M€ (English law applicable) against an American company in the pharmaceutical and medical area
  • Counsel to a Portuguese company in an ICC arbitration against the State Treasury of the Republic of Poland according to Polish law in the area of construction and civil engineering
  • Counsel of a French Company in a very important arbitration against a German company in the area of construction and development of tramways
  • Counsel of a Belgian company in an ICC arbitration (French and Belgian laws applicable) against a French company in the area of energy
  • Counsel of an Italian company in an arbitration against a French entity based into the French West Indies in a dispute regarding electric installations
  • Counsel of a franco polish distributor in an arbitration of 25M€ (Japanese law applicable) against a Japanese constructor in the area of automobile and motorcycle
  • Counsel of an American group in a mediation with its French concessionaires in order to resolve a conflict arisen from a breach of contract with a commodity trader (15M€ asked)

As a counsel in judiciary litigation (the names of the parties or clients are mentioned only when the decision has been publicized or published):

  • Counsel of the Eurotunnel Group within the framework of disputes against insurance companies regarding important industrial risks and issues of insurance cover
  • Regular attorney of an international group established in France (Akzo Nobel and its subsidiaries) for its litigations regarding conception, fabrication, use and distribution of industrial chemicals in very various applications (construction materials, technological coating, chemical components, industrial painting…)
  • Attorney of a leading industrial French group in many commercial or post-acquisition judiciary litigations
  • Attorney of an arbitrator in a case involving his civil professional liability
  • Until 2009 (because of his change of law firm), attorney of the Tyco Group (in the following sectors: fire, security and electronic surveillance, and valves and sprinklers) in all its judiciary litigations in France (in the following fields: contractual liability, product liability, corporate litigation, commercial litigation…)

As an arbitrator and mediator:
  • Chairman in an ICC Arbitration in a Telecom sector dispute.
  • Sole arbitrator in an investment arbitration between a State of Eastern Europe  and a Swiss investor
  • Co-arbitrator in a CNUDCI / UNCITRAL arbitration between a State of Western Africa and an international Consortium
  • Co-arbitrator in a ICC arbitration between an American group and an Italian company in the area of industrial machine-tools
  • Co-arbitrator in a ICC arbitration concerning a dispute in the area of the distribution of electricity in France
  • President of an arbitral tribunal in a dispute between a contractor and his client regarding the construction of an industrial site – environmental and insurance law aspects
  • President of an arbitral tribunal in an ad hoc arbitration regarding a conflict which occurred following a contract in the mining area
  • Co-arbitrator in an AFA arbitration between a German pharmaceutical group and a Franco-English group
  • Co-arbitrator in an ad hoc arbitration concerning the industry of paper recycling
  • Co-arbitrator in a ICC arbitration between a Latvian company and an English company in the oil and gas field
  • Co-arbitrator in a Swiss arbitration between a French group and a German group about a company conflict related to the sale of industrial installations
  • Co-arbitrator in an OHADA arbitration in the field of telecommunications
  • Co-arbitrator in a ICC arbitration between a Korean automobile manufacturer and its French supplier
  • Sole mediator chosen by the parties and designed by the arbitral tribunal during an arbitration between leading companies in the oil and chemicals field (final agreement concluded at the end of a 10-years proceedings)