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Eric Borysewicz

Partner
Baker & McKenzie A.A.R.P.I.

Biography

Eric Borysewicz joined Baker McKenzie in 2010.

He has over 30 years of experience in dispute resolution before state courts, as well as domestic and international arbitral tribunals, including under the ICC rules of arbitration.

Eric is particularly active in matters involving industrial and infrastructure projects including: international arbitration and major litigation involving design and construction of industrial and infrastructure projects, industrial damages and claims, industrial and product liability litigation, post-acquisition litigation and unfair competition and reputation piracy (parasitisme).

Practice Focus

He also advises clients on transactional and contractual matters, notably: drafting and negotiation of complex industrial and infrastructure project agreements in particular regarding the energy, industrial gas, chemical industry, mechanical and electronic industry and air, space and defense sectors; and renegotiating existing agreements following an unforeseen change in circumstances.

Representative Legal Matters

  • Termination of the agreement for the modernisation of a liquified natural gas production plant
  • Termination of the agreement to create an underground fibre-optic network for the western Paris area
  • Dispute concerning enforcement of an agreement for the purchase of a 850 km fibre-optic network
  • Claim for compensation by an engineering company following its exclusion from an industrial gas production facility construction project
  • Challenge of the Lump-Sum Price for an Engineering, Procurement and Construction Management agreement for a combined heat and power plant project
  • Rejection of 3000 km of instrumentation cables in a turnkey construction project for a fertiliser plant
  • Alleged breach of a non-compete clause included in a shareholders agreement further to the split of a major international audit firm
  • Termination of a contract for the design and construction of a stearing column assembly line for the automobile industry
  • Change in the circumstances regarding the extension of the LNG Terminal of Fos sur Mer
  • Retroactive Termination of a turnkey contract for the design construction and installation in the North Sea of an offshore platform (amount at stake: more than one billion dollars)
  • Termination of a contract for construction of a highway in an African State
  • Termination of a contract for the refurbishment of a multi-purpose stadium in an African State
  • Arbitration against the insurer following his refusal to indemnify the damage caused by the explosion of a chemical plant in China

Professional Honors

  • Ranked in France, Best Lawyers 2020
  • Ranked Band 2 in product liability and industrial/infrastructure accident, Option Droit & Affaires 2020
  • Recognized in financial, banking and bankruptcy litigation, commercial litigation and construction litigation, Décideurs, Stratégie Finance Droit 2021

Professional Associations and Memberships

  • International Arbitration Institute (IAI) - Member

Admissions

  • New York~United States (1992)
  • Paris~France (1988)

Education

  • Columbia Law School, United States (LL.M.) (1985)
  • University of Aix-Marseille (DEA Private Law) (1984)
  • University of Aix-Marseille (Maitrise in Private Law) (1982)

Languages

  • English
  • French

Eric has written numerous articles, most of which have been published in the law section of the daily finance and business newspaper Les Echos. He is a regular speaker in conferences mainly in the field of international litigation and arbitration.

Some of his published works include: 

  • Coauthor with Jean-Marc Loncle, "International subcontracting and the Act of 31 December 1975: A tricky combination," Dalloz, 2007
  • Author, "Why are dispute boards not more widely used in France?" ICC Bulletin 2, 2013