Biography
Avocate à la cour (Paris Bar)
Avocate à la cour (Paris Bar)
Agathe Fortin is a Paris-qualified lawyer specialising in international arbitration.
She acts as counsel to States, State-owned entities and private companies in international commercial and investment arbitrations conducted under the main institutional rules (UNCITRAL, ICSID, ICC, LCIA and CCJA), as well as in ad hoc arbitration proceedings.
Agathe also represents clients in arbitration-related and ancillary court proceedings before the French courts, in particular in relation to the recognition, enforcement and annulment of arbitral awards.
She has recognised experience in complex disputes across a wide range of sectors, including defence, infrastructure, energy, telecommunications, transport and construction, with a practice particularly focused on matters involving Africa, Asia and Eastern Europe.
Prior to joining Clay Arbitration, Agathe practised for several years with a leading international law firm, followed by a top-tier French law firm.
Professor Clay has a leading practice as arbitrator in domestic and international arbitration. He has vast experience as chairman, sole arbitrator or co-arbitrator, in a wide range of sectors, including energy, telecommunications, construction and distribution. He was appointed by the French Republic as arbitrator in the first ICSID arbitration brought against France, and presently sits on several ICSID tribunals. He has also been involved in arbitrations conducted under the aegis of other major arbitration centres, including the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the Stockholm Chamber of Commerce (SCC), the Permanent Court of Arbitration (PCA), the Arbitration Chamber of Milan (CAM), the OHADA Common Court of Justice and Arbitration and the Mediation and Arbitration Centre of Paris (CMAP).
Professor Clay has also developed specific expertise in sports law. He is on the list of arbitrators for the Court of Arbitration for Sport (CAS) and the French National Olympic and Sports Committee (CNOSF).
Professor Clay has deep experience advising and representing States, multinational corporations and private clients in domestic and international arbitrations, with a specific focus on disputes involving energy, telecommunications, construction and distribution.
Professor Clay also has a leading sports practice. He has advised and represented motor sport companies and professional footballers, including the French captain Kylian Mbappé against the football club Paris Saint-Germain.
A leading authority on French arbitration law, Professor Clay is frequently instructed to advise and represent clients in relation to set-aside and enforcement proceedings before the Paris Court of Appeal and the French Court of Cassation.
EXPERIENCE
Representative Cases
Counsel to a Southeastern European State against a State-owned oil company in an ICC arbitration arising out of a share purchase and concession agreement in the hydrocarbon sector (Swiss law applicable, Paris seat).
Counsel to an Asian State in a series of ICC arbitrations under French law concerning the payment of hundreds of millions of dollars in illicit commissions in the context of military procurements (French law applicable, Paris and Taiwan as seats).
Counsel to an Asian State in enforcement proceedings before French and foreign courts in connection with ICC arbitral awards arising out of military procurement contracts.
Counsel to a French mining company in a series of arbitration (ICSID, CCJA) against an African State relating to the exploitation of uranium mines.
Counsel to an Eastern African State in an ICC arbitration concerning the liability of a subcontractor on a construction project in the region (French law applicable, Paris seat).
Counsel to European construction companies in an ICSID investment dispute against a Middle Eastern State relating to the construction of an urban highway.
Counsel to a Eastern-European State in an ICC arbitration related to the construction of a bridge and related rail and road infrastructure under a FIDIC contract (Swiss law applicable, Paris seat).
Counsel to a leading railway rolling stock manufacturer against an African railway company in an ad hoc UNCITRAL arbitration arising from sales contracts (local OHADA law applicable, Lausanne seat).
Counsel to a leading steel pipe manufacturer in enforcement proceedings before French courts in connection with an ICC arbitral award arising out of a maritime dispute.
Counsel to a sales representative from Hong Kong in an ICC arbitration concerning commission fees due from a US aircraft engine manufacturer (New York State law, New York City seat).
Counsel to a leading transport company before French courts in relation to a dispute arising out of international transport and logistics operations.
Counsel to an insurance company before French courts in relation to a dispute arising out of the interpretation and performance of an insurance policy.
Counsel to two telecommunications companies against an African State in an ICC arbitration related to the termination of their license to operate a telecommunication network (local and international law applicable, Geneva seat).
Counsel to a telecommunications company in an LCIA arbitration in connection with the acquisition of operators in several African States (English law applicable, London seat).
Counsel to a leading State-owned Middle Eastern telecommunications company in an ICC post-M&A dispute arising from the sale of a controlling stake in a leading telecommunications company (French law applicable, Singapore seat).
Counsel to a leading catering joint-venture in the United Arab Emirates in a dispute concerning alleged breaches of an operational services agreement (French law applicable, Paris seat).
Counsel to a French hospitality company in a ICC dispute related to the acquisition of a hotel (French law applicable, Paris seat).
Counsel to a leading oil and gas company before French courts in the context of a shareholder dispute.
Professor Clay is a professor agrégé at the Sorbonne Law School (Université Paris 1 Panthéon-Sorbonne), where he directs the International Arbitration Law and Alternative Dispute Resolution programme.
Professor Clay has played a leading role in shaping the arbitration landscape in France. He founded Sorbonne Arbitrage, an association which acts as a central hub for the Sorbonne’s arbitration law activities. Before that, he founded the University of Versailles’ Masters Programme Arbitration and Business Law, known as the “MACI”, a genuine talent incubator, which he also directed for twelve years. At the University of Versailles, he also served as Vice-President and Dean of the Faculty of Law.
Professor Clay has published a dozen books, approximately 180 articles and delivered over 150 lectures, many of them abroad.
For over twenty years, Professor Clay has written the Panorama of Arbitration Law and Alternative Dispute Resolution, published annually in the Recueil Dalloz.
A full list of Professor Clay's publications may be found here.
Professor Thomas Clay has been ranked in the category “Excellent Arbitrator” by Décideurs Magazine every year between 2010 and 2021, and subsequently in the category “Incontournable” (Top Tier) in 2022, 2023, 2024 and 2025 (Rank 1).
He was also ranked “Excellent Lawyer in Arbitration Law” by Décideurs Magazine in 2022, 2023 and 2024, and “Incontournable” (Top Tier) from 2025 onwards. He received the 2011 Trophy for Best Arbitrator, awarded by Décideurs Magazine and the Paris Bar, and was distinguished among the Elite of the 30 Best Lawyers of the Paris Bar in 2020.
He was described by Who’s Who Legal in 2015 as a “high-qualified, reliable and efficient arbitrator”, in 2016 as a “skilful practitioner” with an “intimate understanding of French Arbitration Law”, and in 2021 as “a key figure in the market”, being referred to as “one of the most prominent sole practitioners in France” and “certainly among the very best”. He was ranked by Who’s Who Legal in 2022, 2023 and 2024 as an “Arbitration Thought Leader”.
Professor Clay was ranked by Chambers in 2023 in the category International Arbitration: Arbitrators – France, as well as in the category Most in Demand Arbitrators – Europe. He is described there as “excellent”, “very bright and talented”, “very fair, very proactive and knows the cases well”, and his extensive experience as an arbitrator in Africa is also highlighted.
Press articles
Le Monde
Other publications
Radio and television appearances
Interviews and portraits
Special Adviser to the President (Bâtonnier) and Vice-President (Vice-Bâtonnière) of the Paris Bar (2026–2027)
Member of the Board of Directors of the Paris Bar School (École de Formation du Barreau) (2026–2027)
Vice-President of "Paris, place d'arbitrage"
Member of "Paris, place de droit"
Head and founder of "Sorbonne Arbitrage" (Université Paris 1 Panthéon-Sorbonne)
Associate member of the International Chamber of Commerce Institute
Member of the Board of Directors of the French Arbitration Association
Member of the Institute for International Arbitration
Member of the Orientation board of the Club de l'arbitrage
Co-chair of the Italian Arbitration Association in France
Member of the International Association of Procedural Law
Member of the American Association of Private International Law
Member of the academic board of the International Academy of Law and Economics
Expert of the French Institute of International Legal Experts
Member of the Association of Law Teachers
Member of the Institute for Expertise, Arbitration and Mediation
Member of the Advisory Board of the European Court of Arbitration of Versailles
Member of the Advisory Board of the European Court of Arbitration
Member of the Venezuelan Arbitration Committee
Member of the Board of the OHADAC Regional Arbitration Center
Member of the Editorial Board of the Paris Journal of International Arbitration
Member of the "Sorbonne Private and public economic law" research department
Co-director of the "Sorbonne Sport Law" research department
Honorary Director of the University Research Team in International Arbitration Law (University of Versailles)
Member of the Editorial Advisory Board of the Journal of International Dispute Settlement
Member of the Editorial Board of the Revista brasileira de arbitragem
Member of the Advisory Board of the Journal of Arab Arbitration
Member of the Scientific Board of ohada.com
Member of the Scientific Committee of the International Review of Law and Political Science (Cameroon)
Member of the Editorial Board of Arbitration and Mediation Magazine (Brazil)
Member of the Pedagogical Committee of the International School of Alternative Dispute Resolution.
EXPeRIENCE
Representative Cases
Counsel to a Southeastern European State against a State-owned oil company in an ICC arbitration arising out of a share purchase and concession agreement in the hydrocarbon sector (Swiss law applicable, Paris seat).
Counsel to an Asian State in a series of ICC arbitrations under French law concerning the payment of hundreds of millions of dollars in illicit commissions in the context of military procurements (French law applicable, Paris and Taiwan as seats).
Counsel to an Asian State in enforcement proceedings before French and foreign courts in connection with ICC arbitral awards arising out of military procurement contracts.
Counsel to a French mining company in a series of arbitration (ICSID, CCJA) against an African State relating to the exploitation of uranium mines.
Counsel to an Eastern African State in an ICC arbitration concerning the liability of a subcontractor on a construction project in the region (French law applicable, Paris seat).
Counsel to European construction companies in an ICSID investment dispute against a Middle Eastern State relating to the construction of an urban highway.
Counsel to a Eastern-European State in an ICC arbitration related to the construction of a bridge and related rail and road infrastructure under a FIDIC contract (Swiss law applicable, Paris seat).
Counsel to a leading railway rolling stock manufacturer against an African railway company in an ad hoc UNCITRAL arbitration arising from sales contracts (local OHADA law applicable, Lausanne seat).
Counsel to a leading steel pipe manufacturer in enforcement proceedings before French courts in connection with an ICC arbitral award arising out of a maritime dispute.
Counsel to a sales representative from Hong Kong in an ICC arbitration concerning commission fees due from a US aircraft engine manufacturer (New York State law, New York City seat).
Counsel to a leading transport company before French courts in relation to a dispute arising out of international transport and logistics operations.
Counsel to an insurance company before French courts in relation to a dispute arising out of the interpretation and performance of an insurance policy.
Counsel to two telecommunications companies against an African State in an ICC arbitration related to the termination of their license to operate a telecommunication network (local and international law applicable, Geneva seat).
Counsel to a telecommunications company in an LCIA arbitration in connection with the acquisition of operators in several African States (English law applicable, London seat).
Counsel to a leading State-owned Middle Eastern telecommunications company in an ICC post-M&A dispute arising from the sale of a controlling stake in a leading telecommunications company (French law applicable, Singapore seat).
Counsel to a leading catering joint-venture in the United Arab Emirates in a dispute concerning alleged breaches of an operational services agreement (French law applicable, Paris seat).
Counsel to a French hospitality company in a ICC dispute related to the acquisition of a hotel (French law applicable, Paris seat).
Counsel to a leading oil and gas company before French courts in the context of a shareholder dispute.
Experience
Representative Cases
Counsel to a Southeastern European State against a State-owned oil company in an ICC arbitration arising out of a share purchase and concession agreement in the hydrocarbon sector (Swiss law applicable, Paris seat).
Counsel to an Asian State in a series of ICC arbitrations under French law concerning the payment of hundreds of millions of dollars in illicit commissions in the context of military procurements (French law applicable, Paris and Taiwan as seats).
Counsel to an Asian State in enforcement proceedings before French and foreign courts in connection with ICC arbitral awards arising out of military procurement contracts.
Counsel to a French mining company in a series of arbitration (ICSID, CCJA) against an African State relating to the exploitation of uranium mines.
Counsel to an Eastern African State in an ICC arbitration concerning the liability of a subcontractor on a construction project in the region (French law applicable, Paris seat).
Counsel to European construction companies in an ICSID investment dispute against a Middle Eastern State relating to the construction of an urban highway.
Counsel to a Eastern-European State in an ICC arbitration related to the construction of a bridge and related rail and road infrastructure under a FIDIC contract (Swiss law applicable, Paris seat).
Counsel to a leading railway rolling stock manufacturer against an African railway company in an ad hoc UNCITRAL arbitration arising from sales contracts (local OHADA law applicable, Lausanne seat).
Counsel to a leading steel pipe manufacturer in enforcement proceedings before French courts in connection with an ICC arbitral award arising out of a maritime dispute.
Counsel to a sales representative from Hong Kong in an ICC arbitration concerning commission fees due from a US aircraft engine manufacturer (New York State law, New York City seat).
Counsel to a leading transport company before French courts in relation to a dispute arising out of international transport and logistics operations.
Counsel to an insurance company before French courts in relation to a dispute arising out of the interpretation and performance of an insurance policy.
Counsel to two telecommunications companies against an African State in an ICC arbitration related to the termination of their license to operate a telecommunication network (local and international law applicable, Geneva seat).
Counsel to a telecommunications company in an LCIA arbitration in connection with the acquisition of operators in several African States (English law applicable, London seat).
Counsel to a leading State-owned Middle Eastern telecommunications company in an ICC post-M&A dispute arising from the sale of a controlling stake in a leading telecommunications company (French law applicable, Singapore seat).
Counsel to a leading catering joint-venture in the United Arab Emirates in a dispute concerning alleged breaches of an operational services agreement (French law applicable, Paris seat).
Counsel to a French hospitality company in a ICC dispute related to the acquisition of a hotel (French law applicable, Paris seat).
Counsel to a leading oil and gas company before French courts in the context of a shareholder dispute.