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International arbitration and Dispute Resolution
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Managing New Business Frontiers in Africa: The Role of Arbitration
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Aimery de Schoutheete is a Partner in the International Arbitration and Dispute Resolution Practice of Liedekerke. He has more than 30 years of experience in Business Law at this firm. He has Belgian citizenship.
He has extensive experience in drafting and negotiating commercial contracts, with particular focus on distribution agreements and trading contracts for commodities, and in handling both national and international litigation and arbitration before the Belgian courts, foreign EU jurisdictions and arbitration tribunals (ICC, CEPANI, Swiss Arbitration Centre, ICSID, ad hoc proceedings). For the past 20 years, his focus has been directed towards cross-border disputes and international arbitration in the commercial distribution area as well as the natural resources (upstream and downstream), petrochemical, commodities, mining and agribusiness industries. He has also experience in the hospitality and construction sectors.
His focus is directed towards the commercial distribution area as well as the natural resources (upstream and downstream), mining, petro- chemical, commodities and agribusiness industries. Aimery also has experience in the hospitality and construction sectors.
Aimery de Schoutheete is a recognised specialist in the field of distribution law, as is evidenced by his several publications in this field. For a period of 12 years (2002 -2014), he was the member of the editorial committee of the Revue de Droit Commercial, in charge of general commercial law (including distribution law and arbitration matters). He is currently member of the peer review committee of the Revue de Droit Commercial.
In the past 15 years, Aimery de Schoutheete has been regularly appointed as arbitrator in proceedings before the ICC, CEPANI, Swiss Centre for International Arbitration, ICSID, whether as co-arbitrator, sole arbitrator, emergency arbitrator or chairman of the tribunal. He is recognised as a specialist in the field of arbitration and was a member of the ICC task force on emergency arbitration. He is admitted on the ICC’s and CEPANI’s lists of arbitrators. He is also admitted on the arbitrators list of the OHADA Arbitration Court, IDArb and the Swiss Chamber of Arbitration (SCAI).
Aimery de Schoutheete joined Liedekerke Wolters Waelbroeck Kirkpatrick (now Liedekerke) in 1986 and became Partner in 1995. He was the firm’s Managing Partner from 2001 through 2010. Subsequently he headed, until the end of 2012, the Commercial Contracts & Litigation Practice Group within Liedekerke, regrouping both the “Litigation and Arbitration” and the “Commercial Contracts” teams of the firm. He is the chair of Liedekerke’s International Committee as well as head of the Liedekerke’s Spanish Desk, Italy Desk and of the Africa Practice Group. He is also the founder and Chairman of Liedekerke DRC, the firm’s subsidiary established in Kinshasa, DRC, and Liedekerke Great Lakes, the firm’s subsidiary in Kigali, Rwanda.
Aimery de Schoutheete holds a law degree (1983) as well as a degree in philosophy (1984) from the University of Louvain-la-Neuve (UCL).
Catholic University of Leuven (Philosophy degree) 1984
Catholic University of Leuven (Law degree) 1983
Successfully represented an African OHADA member state in a major Swiss Chambers of International Arbitration proceedings (claim in excess of USD 150.000.000 was entirely rejected; agribusiness commodity sector and harbour sector);
Represented, as lead counsel, an African OHADA member state in major ICC arbitration proceedings (initial claim worth in excess of USD 750.000.000; consultancy services sector);
Represented a major African corporation in a dispute relating to the application of a shareholder agreement and preference rights (claim in excess of 60 M USD; amicable settlement reached);
Represented a large foreign car manufacturer in multi-jurisdiction arbitration proceedings against several European country importers after the termination of the distribution contracts of these importers. The claim was in excess of 5 M € and was rebutted;
Represented a European large corporation active in the agribusiness in ad hoc arbitration proceedings regarding failure in the anti-fire protection system of large components of a factory;
Representing two companies that are part of a large engineering and manufacturing Swiss-Swedish multinational corporation in an ICC arbitration proceedings initiated by a consortium of Belgian and European industrial, financial and public shareholders, which obtained a concession to build and operate an offshore wind farm located on in the Belgian North Sea’s continental shelf;
Regularly represents a major mining company in major arbitration proceedings (ICC usually) in relation to commodity trading disputes or disputes relating to the application of mining joint-venture agreements
Acted as sole arbitrator in an ICC proceedings regarding a dispute between shareholders of a Mauritius Holding Company, which itself held interests in several African subsidiaries controlling local uranium exploration licences (French, Mauritius and Namibia laws applicable);
Acted as sole arbitrator in an ICC arbitration proceeding regarding the termination of a franchise agreement (Swiss law applicable);
Acted as sole arbitrator in an ICC arbitration proceeding regarding the sale of goods by a Dutch seller to a Spanish purchaser (French law applicable; proceedings in English);
Acted as sole arbitrator in ICC arbitration proceedings (in English) regarding the termination of a consultancy agreement between Italian and Russian parties (Italian law applicable);
Acted as sole arbitrator in ICC arbitration proceedings regarding the sale of a 40M € airplane (French law applicable; proceedings in English);
Acted as chair of a 3-arbitrator panel (CEPANI arbitration proceedings in French) in a dispute between shareholders regarding the termination of several management agreements (Belgian law applicable);
Acted as chair of a 3-arbitrator panel (ICC arbitration proceedings in French) in a dispute regarding ship building (French law applicable);
Acted as chair of a 3-arbitrator panel (ICC arbitration proceedings in English) in a dispute regarding a financial counter-guarantee at first demand (Belgian law applicable);
Acted as co-arbitrator in SCAI (Swiss Centre for international Arbitration) in arbitration proceedings in French in a dispute between shareholders regarding the ownership and management of a Tunisian company (Tunisian law applicable);
Acts as co-arbitrator in an ICSID arbitration involving foreign investors and the Republic of Congo.
Aimery de Schoutheete is individually ranked in the “Hall of fame” for Dispute Resolution in Legal 500 (2022).
Aimery de Schoutheete is lauded for “being proactive” and because he comes “with very good questions, proposals and solutions” (Chambers Europe 2022).
“A sharp lawyer and an aggressive opponent with whom it is challenging and interesting to argue against” (Legal 500, 2021)
Aimery de Schoutheete is ranked as ‘Leading individual’ – in the « Dispute Resolution » sections of Legal 500 for the years 2013 to 2015 and 2018 to 2020.
Aimery de Schoutheete is recommended in the area of Dispute Resolution. He is recognized both for his work in Belgium as for his expertise in the DRC. A client adds: "a very seasoned and sharp lawyer who combines thorough legal knowledge and skills with a very practical approach." - Chambers Global, 2020.
Aimery de Schoutheete was nominated by his peers to appear in the 2020 Best Lawyers in Belgium, hereby recognised for his expertise in Litigation and Corporate law.
Aimery de Schoutheete is lauded for his "very efficient" approach. He focuses on international law, representing clients in both litigation and arbitration proceedings before international and domestic courts. As co-founder of the firm's Africa desk, he has particular experience advising companies in the manufacturing and insurance sectors on Congolese law. – Chambers Global, 2019
Aimery de Schoutheete is described by one client as "very proactive and able to provide very accurate advice." - Chambers Global 2018
Aimery de Schoutheete is co-founder of the firm's Africa desk and has notable experience handling litigation in the fields of distribution, manufacturing and insurance. He has particular expertise in relation to Congolese law. – Chambers Europe 2018
Brussels-based Aimery de Schoutheete heads the firm's Africa desk and has formidable expertise in Congolese law. He is a renowned litigator and arbitrator and represented Gécamines in ICC arbitration proceedings relating to resources trading. He is involved in a number of other high-profile disputes and has additional expertise in employment matters. – Chambers Global 2018
Brussels-based lawyer Aimery de Schoutheete heads Liedekerke Wolters Waelbroeck Kirkpatrick's African desk and is highly visible on Congolese mandates. He advises on commercial matters, with a focus on the mining and natural resources sector, and is also active on contentious matters. - Chambers 2014
“Aimery de Schoutheete is an experienced disputes lawyer described by sources as "calm, focused and unflappable." His strategic skills are also noted.” - Chambers 2014.
Aimery de Schoutheete is praised by clients who appreciate that “he has the ability to understand a particular situation very quickly, a strong knowledge of our industry and excellent contacts in the legal world” - Chambers 2012
Member of the Brussels Bar
ICC Belgian committee
OHADA Arbitration Court
CEPANI
FRANCARBI
IDArb
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