Diana Paraguacuto-Mahéo

Partner
Foley Hoag

Diana Paraguacuto-Mahéo is a partner in Foley Hoag’s Paris office and a member of the International Litigation & Arbitration Department, where she specializes in international arbitration and litigation, alternative dispute resolution (ADR).

Diana regularly serves as counsel in complex arbitral proceedings either ad hoc or held under the auspices of major institutions such as the International Chamber of Commerce (ICC), the International Center for Settlement of Investment Disputes (ICSID), the London Court of International Arbitration (LCIA), and the Centre de Mediation et d’Arbitrage de Paris (CMAP).

Diana is an expert at defining case-winning strategies not only in arbitration but also in multi-forum disputes. She has successfully represented leading companies, and sovereign entities in complex matters taking place in multiple jurisdictions including in United States, Asia, Latin America and Europe. She also appears before the French courts in commercial disputes.

Diana regularly assists clients in complex negotiations and has acted as mediator in more than 20 international commercial mediations.

She further acts as arbitrator and emergency arbitrator in international commercial cases, which gives her a valuable insight into the keys to successful arbitration.

Diana is also a court member of the International Court of Arbitration of the ICC where she scrutinizes hundreds of awards from all over the world.

Over the years, Diana Paraguacuto-Mahéo has developed a strong knowledge of several industries including Private Equity, post M&A disputes, agro-business, construction, energy and infrastructure, high tech, arts, gaming, automotive, defense, oil & gas, pharmaceuticals and telecommunications.

She was a grantee of the prestigious Fulbright scholarship and is admitted to practice law in Paris, Madrid and New York. Diana is co-chair of the Task Force on Emergency Arbitrator of the ICC Commission and President of the Global Pound Conference in Paris. Diana is a regular speaker at international conferences, international courses and workshop. She is identified in Who’s Who Legal in Arbitration for France since 2017.

 

REPRESENTATIVE EXPERIENCE

Diana’s recent representative experience includes acting as counsel to:

  • 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 German company against a Tunisian company in a dispute in relation to the international sale of heavy equipment (ICC 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 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 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 North Africa 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 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 Dutch company against an African company in a dispute arising from the termination of a supply con- tract in Africa (ad hoc Arbitration)
  • A German company against the Republic of the Philippines arising from the expropriation of an airport terminal (ICSID 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 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)

    She also acted as Arbitrator, Emergency Arbitrator or Mediator in:

    • Corte de Arbitraje de Madrid €1billion emergency arbitration case governed by the laws of Spain
    • ICC Arbitration in a multimillion dollars’ telecommunication dispute governed by French law
    • ICC Arbitration in a price commodity 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 involving a defense company in a dispute related to the enforcement of a foreign award and transfer of a foreign award
    • CMAP Mediation in a dispute arising from an international contract between a brand owner and its foreign producer
    • CMAP Mediation in a dispute arising from agricultural commodities contracts
    • Ad-hoc mediations in disputes between parties in the investment funds industry

 

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