Azim Hussain

Of Counsel
Norton Rose Fulbright Canada LLP

Azim Hussain

Azim Hussain

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Biography

 

Azim Hussain practises in international commercial arbitration, commercial litigation and constitutional law. He has particular experience in multijurisdictional disputes and litigation, especially involving foreign states and the related issues of jurisdictional and execution immunity. Mr. Hussain is a member of our international arbitration team, our Supreme Court of Canada and appellate advocacy team and our transnational litigation team. He has made submissions to all levels of court in Quebec as well as in the federal courts and the Supreme Court of Canada. He has acted for clients before arbitral tribunals under the leading rules, such as the ICC, ICSID and UNCITRAL Rules.

Mr. Hussain clerked at the Supreme Court of Canada for Mr. Justice Gonthier in 2001-2002. He was editor-in-chief of the McGill Law Journal. In addition to English and French, Mr. Hussain is fluent in Urdu and also speaks Hindi.

 


Professional experience

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B.C.L./LL.B., McGill University, 2000
M.Sc., London School of Economics and Political Science, 1996
B.A., McGill University, 1995

  • Ontario 2002
  • Quebec 2001

Clients for whom Mr. Hussain has acted include:

  • The respondents-plaintiffs in the Supreme Court of Canada case of Salomon v. Matte-Thompson, 2019 SCC 14, involving a multi-million dollar claim by clients against their former lawyer for negligent advice and conflict of interest for having recommended to them unauthorized financial advisors and risky offshore hedge funds, and for having received undisclosed commissions from one of the advisors.
  • GlaxoSmithKline LLC in a multiparty dispute before the Quebec Superior Court involving a rogatory commission out of Delaware Superior Court seeking the testimony of a scientist in Quebec
  • Gold Reserve Inc. in its multijurisdictional enforcement campaign of an arbitral award of more than US$713 million against the Republic of Venezuela, issued by a tribunal seated in Paris under the ICSID Additional Facility Rules and the Canada‑Venezuela bilateral investment treaty
  • A manufacturer in the successful settlement of a dispute concerning a technology licensing agreement that was originally submitted for arbitration under the ICC rules. The dispute was governed by New York law, and also involved issues of US federal and European antitrust law
  • A multinational engineering firm in an arbitration with a US state entity and an African state (UNCITRAL arbitration in London) (lead partner in Montréal of a multi‑office team)
  • The federally appointed judiciary before the 2015‑2016, 2011‑2012, 2007‑2008 and 2003‑2004 Judicial Compensation and Benefits Commission, the body mandated to make recommendations to the federal government regarding judicial remuneration levels that are consistent with the constitutional imperative of judicial independence
  • FG Hemisphere, a Delaware company, in enforcement proceedings in Canada, Hong Kong, Jersey and other jurisdictions against the Democratic Republic of Congo and Société nationale d'électricité in respect of two ICC arbitral awards
  • The defendant in one of the most important constitutional cases in family law in Quebec, where the constitutionality of certain provisions of the Civil Code of Québec that exclude common-law couples was challenged. The Supreme Court of Canada found in favour of the defendant
  • Matrox Graphics Inc., a Quebec graphic card manufacturer, at the Quebec Superior Court and Court of Appeal in a preliminary motion by STMicroelectronics Inc., the Texas‑based defendant, contesting the jurisdiction of the Quebec courts and involving the issue of jurisdiction clauses and a "battle of the forms"; as well as continued representation of Matrox in the proceedings on the merits, including a contested issue in 2015‑2016 regarding depositions of certain witnesses in France
  • A Cypriot creditor at the Federal Courts (leave to appeal to the Supreme Court of Canada granted, case subsequently settled out of court) and the Supreme Court of Newfoundland and Labrador in the seizure of an aircraft as part of the Canadian segment of multijurisdictional litigation seeking to enforce an arbitral award of the Arbitration Institute of the Stockholm Chamber of Commerce against an organ of the State of Ukraine

     

  • "International Commercial Arbitration: Hot Topics," co-chair; "Cross-Border Litigation: Comity and Culture Clash," panelist; New York State Bar Association—International Section Seasonal Meeting, Montreal, October 2018.
  • “Award Enforcement and State Immunity,” ICC Canada International Arbitration Conference, Toronto, October 2016.
  • “Tips for Conducting Multi-Jurisdictional Enforcement Proceedings,” ADR Institute of Canada Conference, Vancouver, October 2011.
  • “Face-covering, Fraternity and the Veil Debate,” Responsibility, Fraternity, and Sustainability in Law: A Symposium in Honour of Charles D. Gonthier, McGill University Faculty of Law, Montreal, May 20‑21, 2011.
  • “La jurisprudence au Québec en arbitrage en 2009,” Canadian Bar Association, Quebec Branch, International Law Section, Montreal, February 2010.
  • The Advocates’ Society
  • Canadian Bar Association
    • Citizenship and Charters Committee
  • Canadian Friends of LSE
  • McGill Law Journal Advisory Board
  • English
  • French
  • Hindi-Urdu
  • Urdu