Lead up avocats is a Paris-based dispute resolution boutique advising SME, multinational corporations, investors, States and State-owned entities on complex international and domestic disputes. Our practice spans international arbitration, arbitration-related litigation, business litigation, alternative dispute resolution and commercial contracts, with particular depth in cross-border matters involving the mining, energy, infrastructure, industrial, distribution and technology sectors. We act as counsel before arbitral tribunals and French courts, and our lawyers are regularly appointed as arbitrators in commercial and investment proceedings.
Expertises
Arbitration
We advise claimants and respondents in commercial and investment treaty disputes under the rules of the leading arbitral institutions — the ICC International Court of Arbitration, ICSID, UNCITRAL, the LCIA, the SCC, the SIAC, the HKIAC, the CIETAC, the CMAP and the Swiss Arbitration Centre — as well as in ad hoc proceedings.
Commercial arbitration
We act as counsel in international commercial arbitrations arising out of contractual relationships across sectors and jurisdictions. Our matters typically involve cross-border supply, distribution, joint venture, shareholder, EPC and concession contracts, with seats in Paris, London, Geneva, Stockholm, Singapore, Hong Kong and other principal venues.
We have particular experience with:
- Post-acquisition and post-M&A disputes (price adjustment, earn-out, warranty and indemnity claims, fraud and misrepresentation)
- Construction, engineering and infrastructure disputes (FIDIC and bespoke EPC contracts, delay and disruption claims, variation order disputes)
- Energy and mining disputes (joint operating agreements, production-sharing contracts, offtake and concession agreements)
- Long-term commercial relationships, distribution networks and franchise arrangements
- Tax-related issues arising in commercial arbitration proceedings
Investment arbitration
We represent foreign investors and States in investor-State disputes brought under bilateral investment treaties (BITs), multilateral instruments such as the Energy Charter Treaty, the investment chapters of free trade agreements, and investment contracts.
Our investment arbitration practice covers:
- Disputes arising from expropriation (direct and indirect), denial of justice and breaches of the fair and equitable treatment standard
- Mining licence revocations and changes to mining and petroleum codes
- Tax measures and regulatory changes affecting foreign investments
- Sanctions, asset freezes, and currency and capital control measures
- Pre-arbitration structuring, treaty planning and notice of dispute strategies
Our matters are typically brought under the ICSID Convention and Additional Facility Rules, or under the UNCITRAL Arbitration Rules administered by the Permanent Court of Arbitration. We have particular experience with disputes involving African, francophone and Middle Eastern jurisdictions.
Arbitration-related litigation
Arbitral awards do not exist in isolation. We assist clients in the proceedings that surround them — challenging awards before national courts, defending them against challenges, and securing their recognition and enforcement across jurisdictions. Our practice is built around the Paris seat and the French enforcement framework, but extends to coordinated international strategies involving multiple jurisdictions.
Annulment of arbitral awards
We act in set-aside proceedings before the Paris Court of Appeal, the French Cour de cassation and other national courts of the seat. Our work covers all grounds available under Article 1520 of the French Code of Civil Procedure (improper constitution of the tribunal, excess of authority, breach of due process, violation of international public policy and failure to comply with mandate), as well as the equivalent grounds under the UNCITRAL Model Law and other national arbitration frameworks.
We assist both award creditors defending the award and award debtors challenging it, including in matters raising sensitive issues of corruption, sovereign immunity, due process and the powers of the tribunal.
Recognition and enforcement of arbitral awards
We advise on the recognition and enforcement (exequatur) of foreign and international arbitral awards in France and on coordinated enforcement strategies in multiple jurisdictions. Our work includes:
- Exequatur applications before the Paris Court of Appeal
- Coordinated enforcement against State and State-entity assets, including in light of the French Sapin II Act and questions of sovereign immunity from execution
- Asset tracing, attachment measures (saisies conservatoires) and provisional security
- Resisting enforcement of awards on public policy or due process grounds
- Strategies under the 1958 New York Convention and the ICSID Convention enforcement regime
Business litigation
We represent clients in complex commercial litigation before French courts and coordinate cross-border litigation strategies.
Our litigation practice also complements our arbitration work, particularly where parallel court proceedings, provisional measures or enforcement steps are needed.
General commercial litigation
We handle disputes before the French Commercial Courts (Tribunaux de commerce or Tribunaux des activités économiques), the Courts of Appeal (Cours d’appel) and the Judicial Courts (Tribunaux judiciaires), including:
- Contractual and pre-contractual liability claims
- Shareholder, joint venture and corporate governance disputes
- Distribution and commercial agency disputes
- Tortious liability claims, including in cross-border contexts
- Abrupt termination of established commercial relationships
- Competition law-based damages claims
- Director and officer liability
Industrial risk
We advise industrial operators, their insurers and contractors on disputes arising from industrial incidents. Our work includes acting in judicial expertise proceedings, and managing cross-border coordination where the incident has an international dimension.
Enforcement of foreign judgments
We advise on the recognition and enforcement of foreign judgments in France under the Brussels Ia Regulation, the Lugano Convention and the French ordinary regime applicable to judgments from non-EU jurisdictions. We also assist parties resisting enforcement, including on grounds of public policy or breach of due process.
Provisional measures
We obtain and defend against provisional and urgent measures, including:
- Attachment measures (saisies conservatoires) on assets, bank accounts and receivables
- Provisional payment orders (référé-provision)
- Evidence preservation orders (référé probatoire)
- Interim relief in support of arbitration before French courts
- Anti-suit considerations and coordination with measures sought before other courts and tribunals
Alternative dispute resolution
Litigation and arbitration are not always the right answer. We help clients identify, structure and conduct alternative routes to resolution, whether through mediation, conciliation, expert determination or structured negotiation.
Commercial mediation and conciliation
We represent clients in mediations conducted under the CMAP and ICC rules, as well as in ad hoc mediations and conciliations. We assist in the negotiation, drafting and enforcement of settlement agreements. Our experience covers post-M&A, joint venture, shareholder, construction and supply disputes.
Pre-litigation advice
Before any dispute crystallises, we work with clients to map their options, preserve their position and structure their approach. This includes:
- Strategic merits assessments and dispute risk reviews
- Notice of dispute and treaty notification strategies for investment cases
- Evidence preservation and contemporaneous documentation strategy
- Privilege and confidentiality reviews
- Negotiation strategy and counsel during pre-arbitral settlement windows
Commercial contracts
Our advisory practice in commercial contracts is shaped by what we see in disputes. We draft and negotiate contracts with their litigation potential in mind, helping clients anticipate, allocate and manage risk.
General contractual advice in international and contract law
We advise on the law applicable to international commercial relationships under the Rome I Regulation, the CISG, INCOTERMS and bespoke choice-of-law clauses. Our work covers the architecture of cross-border arrangements, the interaction between national law and international instruments, and conflicts-of-laws strategy.
Negotiation and drafting of commercial contracts
We draft and negotiate the full range of international commercial contracts, including:
- Sale, supply and distribution agreements
- Joint ventures and shareholders’ agreements
- M&A documentation (SPAs, APAs, warranty and indemnity provisions)
- EPC, FIDIC and bespoke construction contracts
- Concession, production-sharing, farmout and offtake agreements in the mining and energy sectors
We pay particular attention to dispute resolution clauses — choice of forum, choice of law, multi-tier escalation, expert determination and arbitration — building them to function under pressure rather than as boilerplate.
Contract management
We assist in-house teams in managing ongoing contractual relationships, including:
- Contract performance reviews and audits
- Notices, defaults and contractual remedies (price reviews, hardship clauses, force majeure)
- Variation and amendment strategy
- Termination and exit planning
- Post-completion adjustments and earn-out management
Sectors
Although our practice is primarily defined by the type of work we do, we have particular depth in:
- Mining and metals (gold, base metals, critical minerals)
- Oil, gas and energy
- Construction and infrastructure
- Industrial and manufacturing
- Distribution and consumer products
- Technology and telecommunications
We have a particular geographic focus on West and Sub-Saharan Africa, Europe, the Middle East and Latin America.
FAQ
What is international arbitration?
International arbitration is a private, contractual method of resolving cross-border disputes outside national courts. Parties agree to refer their dispute to one or more arbitrators whose decision is binding and, under the 1958 New York Convention, enforceable in over 170 countries.
What is the difference between commercial and investment arbitration?
Commercial arbitration resolves disputes between private parties under a contract containing an arbitration clause. Investment arbitration resolves disputes between a foreign investor and a host State, typically brought under a bilateral investment treaty or multilateral instrument such as the Energy Charter Treaty.
How long does an international arbitration take?
A typical international commercial arbitration takes 18 to 36 months. ICSID investment arbitrations frequently take four to six years, including any annulment phase.
Can an arbitral award be appealed?
International arbitral awards are generally final and not subject to appeal on the merits. They can be challenged through annulment (set-aside) proceedings at the seat of the arbitration on limited procedural and public policy grounds.
What is exequatur in France?
Exequatur is the procedure by which a foreign judgment or international arbitral award is granted enforceability in France. For arbitral awards, exequatur is sought before the Paris Court of Appeal.
What is a post-acquisition dispute?
A post-acquisition dispute arises after the closing of an M&A transaction, typically concerning purchase price adjustments, earn-out calculations, warranty and indemnity claims, or allegations of fraud or misrepresentation.
Where is Lead up based?
Lead up is based in Paris, France, at 12 rue Tronchet, 75008. We act for clients worldwide.