Elisabeth Malafa
Biography
Elisabeth Malafa is a senior associate in the Paris office of Baker McKenzie and a member of the Firm's Dispute Resolution Practice Group.
She advises and represents multinational corporations and their executives in complex commercial and cross-border litigation. Her experience spans industrial risk, product liability and product recall matters, contractual and shareholder disputes, and the recognition and enforcement of foreign judgments.
Practice Focus
Elisabeth regularly acts as lead associate on multijurisdictional matters involving parallel proceedings and strategic enforcement issues, particularly in the industrial manufacturing, technology and energy sectors.
Representative Legal Matters
Industrial Risks and Product Liability
- Representing a US industrial equipment manufacturer and its European affiliates in complex, multi-party French product liability proceedings arising from a fire at a petrochemical facility, involving claims exceeding EUR 200 million.
- Advising a leading US energy group in a French law dispute concerning contractual warranties in connection with allegations of defects affecting components installed in wind turbine generators.
- Representing a UK-headquartered pharmaceutical group in multi-party French pre-action expert proceedings involving more than 20 parties and alleged adverse effects associated with several pharmaceutical products.
- Advised a global home-furnishings group on the French notification of a product-safety recall.
Recognition and Enforcement of Foreign Judgments
- Represented a leading French-headquartered industrial services group and its controlling shareholder in proceedings pertaining to the recognition and enforcement of a judgment arising from high-stakes US mass tort lawsuit.
- Represented a US high-net-worth individual in French proceedings seeking recognition and enforcement of four Florida judgments arising from the non-performance of an agreement for the sale of luxury residential real estate.
Franchise and Distribution Litigation
- Representing a US car rental company in a long-running French litigation involving parallel proceedings arising from allegations of breach of contract and violations of statutory provisions on commercial agents.
- Representing a French luxury-goods retailer and an industry consultant in court proceedings arising from an international distribution arrangement and the effect of a prior ICC arbitration on related claims asserted by the wholesaler.
Technology Disputes
- Representing a French public transport authority in precedent-setting appellate proceedings concerning the digital distribution of transport tickets through third-party mobile applications.
- Represented a US consulting company in urgent first-instance and appellate proceedings concerning a French government technology contract valued at EUR 120 million.
Shareholder and Post-Acquisition Disputes
- Represented an international investment company in a Paris-seated ICC arbitration arising from the termination of a put option agreement during the COVID-19 pandemic in the context of the acquisition of a landmark five-star hotel valued at EUR 85 million.
- Represented a UK-based private capital lender in proceedings to enforce a French pacte commissoire securing more than EUR 20 million in financing for the acquisition of high-value French real estate.
Professional Associations and Memberships
- Paris, place de droit (Commission Attractivité, Comité Millenium)
- Association des Professionnels du Contentieux des Affaires
Admissions
- Paris~France (2022)
- New York~United States (2021)
Education
- University of California, Los Angeles (LL.M.)
- University of Versailles (Licence, Master 1, Master 2 in Arbitration and International Commercial Law)
- Université Paris II Panthéon-Assas (Diploma in Technology and Digital Law)
Languages
- English
- French
Firm Committee Memberships
Elisabeth serves as a team leader on the EMEA Dispute Resolution Associates’ Committee and as a member of the Paris office’s Associates Committee.
Baker & McKenzie A.A.R.P.I. is a member of Baker & McKenzie International.