Paraguacuto-Mahéo

Diana Paraguacuto-Mahéo

Partner
Paris

I represent clients before the world’s principal dispute resolution bodies helping them solve their complex international disputes.

Diana Paraguacuto-Mahéo is head of the Paris office and of the International Litigation & Arbitration practice in Paris. She specializes in international arbitration and litigation, alternative dispute resolution (ADR) and sovereign representation. Diana regularly serves as counsel in complex arbitral proceedings held under the auspices of major institutions.

Diana has considerable experience in conflict of laws and represents clients in connection with litigation and arbitration proceedings throughout the world across an array of industries, including renewable energy, construction, defense, oil & gas, pharmaceutical, mining or telecommunications.

In addition, Diana has a particular expertise in international disputes involving state entities, including Spanish and Latin American parties. 

Diana further acts as arbitrator and emergency arbitrator in international commercial cases, which gives her a valuable insight into the keys to successful arbitration. She also regularly assists clients in complex negotiations, and has acted as mediator in more than 20 international commercial mediations.

Diana is a court member of the International Court of Arbitration of the ICC where she scrutinizes hundreds of awards from all over the world. She is co-chair of the Task Force on Emergency Arbitrator Proceedings of the ICC International Commission and President of the Global Pound Conference in Paris. She is adjunct professor at Sciences Po Paris and at the University Paris II Pathéon Assas.

Education

  • Columbia University, Fulbright Scholar, 2001
  • Paris University, Master in Business and Tax Law, magna cum laude, 2000
  • Paris University, J.D., summa cum laude, 1999
  • Complutense Madrid University, J.D., summa cum laude, 1999

Bar and Court Admissions

BAR ADMISSIONS
  • New York
  • Paris
  • Madrid (omitted)

Languages

  • French
  • Spanish
  • Italian
  • Portuguese

Experience

Representative Cases as Counsel to:

  • A Contractor in a delay ICC arbitration related to the construction of two solar plants in Argentina
  • A Municipality of a Latin American State in a set aside proceedings before the Paris International Chamber of the Court of Appeals
  • A Latin American State in  Multibillion setting aside proceedings before the Paris International Chamber of the Court of Appeals
  • A Latin American State in a Multibillion arbitration in the mining industry (PCA arbitration)
  • A Municipality of a Latin American State in a second CAIP arbitration
  • A major Eurasian State in resisting the enforcement of half a billion dollars ICSID Award in the banking industry
  • A major State in revision and annulment proceedings of a billion dollars PCA award in the banking sector (PCA Arbitration)
  • A German company in annulment proceedings initiated by a Tunisian company in a dispute in relation to the international sale of heavy equipment
  • A major investor in its assessment of a billion dollar UNCITRAL investment case against a central American state which had authorized maritime exploration and exploitation
  • A Caribbean State in a dispute settlement of a multimillion dollars’ dispute involving a power plant (ICC Mediation)
  • A global company in a post-acquisition multi-million Euro dispute involving corruption charges (Mediation)
  • A Latin American State entity in a mining dispute involving corruption charges (ICC arbitration)
  • A Swedish automotive company in a contract termination dispute with its exclusive distributor in New Caledonia. The dispute ended with a settlement and the drafting of a new distribution agreement 
  • A Central African Airline company against a US company in a dispute over the sale of an Aircraft and corresponding provisional measures (OHADA law)
  • A German company against a Tunisian company in a dispute in relation to the international sale of heavy equipment (ICC Arbitration)
  • A major American art gallery against a French art gallery in a dispute arising from the counterfeiting of works of art, unfair competition and faulty interference (American and French Courts)
  • A Dutch company against an African company (Burkina Faso) in a dispute arising from the termination of a supply contract in Africa (ad hoc Arbitration, OHADA law)
  • A Swiss fortune against a large auction house in a dispute arising from the sale of antique furniture (Settlement)
  • A French monitoring company against an oil company in Algeria in a dispute in relation to the con- sequences of insolvency proceedings (ICC Arbitration)
  • A Latin American State against foreign investors in two disputes in relation to the tax rate increase (ICSID Arbitration)
  • A producer of liquefied natural gas against a Spanish gas distributor in a dispute arising from the implementation of a price renegotiation clause in the context of a long-term sales contract (ad hoc Arbitration)
  • A South American oil joint venture in a dispute arising from changes to a collective labor agreement in an oil refinery (ICC Arbitration)
  • A South American oil joint venture in a dispute arising from the implementation of the force majeure clause of an engineering, supply and construction contract (ICC Arbitration)
  • A bank of the Ivory Coast in a dispute over security and debt repayment (OHADA law- dispute settled)
  • A Japanese pharmaceutical company against a French shareholder in a dispute arising from the implementation of put options (ICC Arbitration)
  • A French company in a dispute in relation to the purchase of heavy agricultural equipment and the appeal of guarantees (ICC Arbitration)
  • A French construction company against a port authority in Benin in a construction dispute (ICC arbitration, OHADA law)
  • A German company against the Republic of the Philippines arising from the expropriation of an airport terminal (ICSID Arbitration)
  • A French entrepreneur against a royal family in the Middle East in a dispute in relation to the construction of a palace (CMAP Arbitration)
  • A gaming company / lottery against a public company, in the context of a dispute between partners (SIAC Arbitration)
  • An Asian firm against a Southeast Asian State in a dispute arising from the legislative amendments on lottery gaming in Southeast Asia (ICSID Arbitration)
  • A British company against a Ukrainian company in an emergency procedure to obtain provisional measures (ICC Emergency Arbitration)
  • A real estate investor in an ad hoc Geneva arbitration against a property developer regarding the sale of two luxury apartment blocks. The dispute was subject to German law.
  • A Spanish public company in a dispute arising from the construction of a military submarine and the alleged infringement of intellectual property rights (ICC Arbitration)
  • An Asian state entity in a dispute in relation to the performance of an armament contract and involving the payment of unlawful commissions in excess of US $ 2 billion (ICC Arbitration and French Courts)
  • A prime international real estate development company seated in Germany in a UNCITRAL arbitration in a dispute arising out of a share purchase option agreement
  • An American investor against a South American State in a dispute arising from the nationalization of the country’s largest telecommunications company (ICSID Arbitration)
  • A Middle Eastern State against a Danish company in a dispute arising from an alleged breach of a traveling exhibition contract (ICC Arbitration)
  • A large property developer in an ad hoc arbitration concerning the construction and development of a major retail real estate project, with claims exceeding EUR 30.000.000
  • A leader company of the beer industry against its former distributor in Honduras (American Courts)
  • A luxury goods manufacturing company in a lawsuit for violation of established commercial relations (French Courts)

Representative Cases as Arbitrator, Emergency Arbitrator or Mediator:

  • Corte de Arbitraje de Madrid in a €8 million dollars contractual dispute between the insurance courtier and an insurance Company
  • Corte de Arbitraje de Madrid €1billion emergency arbitration case governed by the laws of Spain
  • ICC Arbitration in a telecommunication dispute governed by French law
  • ICC Arbitration in a price commodity related dispute
  • DIAC Arbitration in a real estate related dispute
  • ICC Arbitration dispute among partners of a joint venture over the building of a construction in the middle east governed by English law
  • CMAP Mediation opposing parties in a dispute of arising from a distribution agreement of agricultural products
  • CMAP Mediation opposing a company operating a national French monument and one of its constructor
  • CMAP Mediation opposing a constructor of an electric central with the operator or the central over the potential causes for liability and corresponding damages
  • CMAP Mediation involving a French defense company, a bank from the Ivory Coast and a third party in a dispute related to the enforcement of a foreign award
  • CMAP Mediation in a dispute arising from an international contract between a big French distribution company and brand owner and its foreign producer
  • CMAP Mediation in a dispute arising from international agricultural commodities contracts (Madagascar)
  • Ad-hoc mediations in disputes between parties in the investment funds industry
  • CMAP mediation involving construction of highly secured real estate in the defense industry

Publications

  • Co-Author with Herbert Kronke, Patricia Nacimiento, Dirk Otto, Nicola Port, of two chapters Recognition and Enforcement of Foreign Arbitral Awards, A Global Commentary of the New York Convention, Kluwer Law, 2nd Edition
  • Co-Author with Octave Revet, La licieite de la convention d’arbitrage: l’arbitrabilité (Revue de l’arbitrage, 2022, No. 1 January-March)
  • Paris se dote d’une Chambre Internationale à la Cour d’Appel de Paris, Echanges Internationaux, septembre 2018
  • L’arbitre d’urgence: un nouvel outil, Echanges Internationaux, septembre 2017
  • “Emergency Arbitration: The French Perspective,” Fordham International Law Review, June 2017
  • “Paris, Place of International Mediation?,” Le Monde du Droit, 1 October 2012
  • “For more mediation in international arbitration,” Gazette du Palais, 14 October 2012
  • “Think Outside the Box: for an optimized management of international arbitration,” Droit Option & Affaires, 21 November 2012

Foley Hoag Publications

Honors & Involvement

HONORS
  • Who’s Who Legal: Thought Leader – France (2017 – 2022)
  • Who’s Who Legal: National Leader – France – Arbitration 2022/Commercial Mediation 2022
  • Who’s Who Legal: Global Leader – Arbitration (2017-2022)/Mediation (2020 – 2021)
  • Who’s Who Legal: Arbitration – Future Leaders (2017)
INVOLVEMENT
  • ICC Court of International Arbitration, Member
  • ICC International Commission, Co-Chair of the Emergency Arbitration Task Force
  • ICC French Committee, Co-Chair of the ADR and Arbitration Task Force
  • President of the Global Pound Conference (France)
  • IBA Mediation Committee, Officer
  • Arbitral Women, Member

Speaking Engagements

  • Global Forum on International Arbitration, Dysfunctional Arbitrations July 9, 2022
  • CEPANI 40, Tensions in international arbitration June 2022
  • CMAP – International mediation competition, member of the jury for the final, 2022
  • ICSID Investment mediation: the counsel’s point of view January 2022
  • GER CMAP, What is it to be a conciliator when you have been a mediator in a case? 2021
  • Universidad el Externado, Colombia, los laudos Naturgy y Granahorrar c. Colombia May 12, 2021
  • Sciences Po Paris – Concours International d’Arbitrage, member of the jury for the final May 12, 2021
  • Presentation of the ICC French Committee Report on ADR and Arbitration, March 2021
  • IBA Mediation Committee, Singapore Convention: One Year on, IBA virtually together conference, November 2020
  • Universidad el Externado (Bogotá, Colombia), Trends in investment arbitration, February 2020
  • Cambridge Global Forum- The Effect of Extraterritorial mandatory norms in Emergency Arbitration, Chantilly, 3 December, 2019
  • IBA Mediation Committee, International Mediation Standards - Boon or Bane?  Session 25 September 2019, Seoul Korea
  • ICC Report on Emergency Arbitrator Proceedings – Asian Kick off Launch, Seoul, Korea 23 September 2019
  • Wake up (with) arbitration, l’arbitrage : le « chant du cygne » ? Paris, 3 July 2019
  • CLA IBA Arbitration Conference, Privilege under the IBA Rules of Evidence, Asunción, Paraguay 28 May 2019
  • ICC CLA Arbitration Day, Emergency Proceedings in International Arbitration, Asunción, Paraguay 29 May 2019
  • ICC Report on Emergency Arbitrator Proceedings – Global Kick off Launch, Paris, April 3, 2019 
  • Paris Arbitration Week, President of the Third Edition Global Pound Conference and Moderator to a Round Table on Financial Institutions, Paris, April 4, 2019
  • CMAP, Breakfast debate, The evolution of investment arbitration: a boulevard for mediation?, Paris, 29 November 2018
  • 16th ICC Miami Conference, Save my money: Interim and precautionary measures in international arbitration, Miami, 11-13 November 2018
  • IBA Conference, New Frontier of ADR: from commercial and investment matters to regulatory violations, comparative approaches to ethics, transparency, third party funding and financial interests in arbitration and mediation proceedings; Montréal, 6-7 November 2018
  • Global Pound Conference: The envisaged reform of ADR in France, Paris, 15 February 2018
  • Regards croisés Franco-Espagnol, CFA/CEA: Systems available to obtain provisional measures and mechanisms available to enforce them, Paris, 2 February 2018
  • ICC PANARB 2018, Simulation of an ICC session: Scrutiny of the award, Panama, 19 January 2018
  • Squire Patton Boggs, Fast Track Mode: Emergency Arbitration, Expedited Procedure and Early Dismissal of Unmeritorious Claims, Paris, 24 January 2018
  • Dispute Resolution and Construction Contracts in Egypt: Interim Measures and Emergency Arbitration proceedings (“EA proceedings”) in construction disputes, Cairo, 19 November 2017
  • Paraguay’s ICC Arbitration day: The use and practice of the ICC Arbitration new rules and the Expedited procedure, Asunción, 13 November 2017
  • Coaching of ICC Dutch mediation team on international mediation, Paris, 17 October 2017
  • CMAP, GER, The use of caucus in mediation, Paris, 19 September 2017
  • Le club de l’Arbitrage, l’Arbitrage d’Urgence, Paris, 28 June 2017
  • ODR Conference 2017, Opening statement, Paris, 12 June 2017
  • Shaping the future of dispute resolution, GPC Paris, 26 April 2017
  • St Catherine’s College, Current Issues in Arbitration and Dispute Resolution, Oxford, 16-17 December 2016
  • IBA Mediation v. Arbitration: Best Friends or Best Enemies? A View from Asia, HK, 2 December 2016
  • ICC International Commission: report on the Emergency Arbitration task force, Paris, Sydney, Rome from October 2015 until October 2018