PartnerQUEBEC BAR 2001; ONTARIO BAR 2002
Azim joined Novalex in 2020 as a litigation and dispute resolution partner after practising for 18 years as a litigator at the Montreal office of a major international firm.
Azim practises in civil and commercial litigation and arbitration, as well as public and constitutional law. One of his areas of expertise is appellate litigation, especially at the Supreme Court of Canada, where he has made submissions in seven cases ranging from professional liability of lawyers to constitutional issues arising under the Canadian Charter of Rights and Freedoms. He has made submissions at all levels of court in Quebec as well as in the Federal Courts. He has acted for clients before arbitral tribunals under the leading rules, such as the ICC, ICSID and UNCITRAL Rules.
He has particular experience in multi-jurisdictional disputes, notably enforcement of arbitral awards against foreign states.
Azim clerked at the Supreme Court of Canada for the Hon. Justice Charles Gonthier in 2001-2002. He was Editor-in-Chief of vol.45 of the McGill Law Journal.
In addition to English and French, Mr. Hussain is fluent in Urdu and also speaks Hindi.
Professional activities and initiatives
- Appellate litigation
- Civil and commercial litigation
- Arbitration and alternative dispute resolution
- Public and constitutional law
- Corporate legal risk for foreign supply chains and other activities tainted by human rights violations
- Liability of foreign states for commercial debts and human rights violations
Azim has notably:
ADVISED a Canadian mining company in its worldwide enforcement campaign of a $713 million USD arbitral award issued by a Paris-seated tribunal under the ICSID Additional Facility Rules against a Latin American state;
ACTED for plaintiffs in a multi-million dollar claim against their former lawyer and his firm for negligent advice and conflict of interest in recommending unauthorized financial advisors and risky offshore hedge funds, and receiving undisclosed commissions, resulting in victory at the Quebec Court of Appeal and the Supreme Court of Canada in the matter of Salomon v. Matte-Thompson, 2019 SCC 14;
ACTED for a Montreal-based graphic card manufacturer in a tripartite dispute involving more than $50 million USD at the Quebec Superior Court with a France-based subsidiary of a multinational computer manufacturer and a Texas-based subsidiary of a multinational graphic card component manufacturer. Pre-trial proceedings included debates on the jurisdiction of the Quebec courts, application of Texas law, the right to conduct examinations on discovery of certain witnesses in France, and issues of privity and standing given the involvement of affiliates and sub-contractors in the transnational production process of one of the hardware components at issue;
ACTED for the U.S. affiliate of a multinational pharmaceutical company in a multiparty dispute at the Quebec Superior Court involving a rogatory commission out of Delaware Superior Court seeking the testimony of a scientist in Quebec;
ACTED for a Canadian engineering company in injunction proceedings at the Quebec Superior Court to contest calls on letters of guarantee and counter-guarantee made by counterparties in Algeria and Poland;
ACTED for the Canadian affiliate of a multinational engineering company in an arbitration with a North American state entity and a West African state in an UNCITRAL arbitration with seat in London, U.K.;
ACTED for a U.K. NGO against torture as an intervener in the Supreme Court case of Kazemi v. Islamic Republic of Iran, 2014 SCC 62;
ACTED for 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: Quebec (Attorney General) v. A, 2013 SCC 5;
ACTED for a Cypriot creditor of an arbitral award issued by the Arbitration Institution of the Stockholm Chamber of Commerce for more than $36 million USD against an Eastern European state organ, and seized a cargo plane in execution of the award under proceedings at the Federal Courts and the Supreme Court of Newfoundland and Labrador, with leave to appeal granted by the Supreme Court of Canada (the dispute settled subsequently).
Professional activities and initiatives
“Cross-Border Litigation: Comity and Culture Clash”—panelist; “International Commercial Arbitration: Hot Topics”—co-chair, Conference of New York State Bar Association-International Section, Montreal, October 2018
Advisory Board, McGill Law Journal
Committee member, Citizenship and Charters Program of the Canadian Bar Association—Quebec, program for education on constitutional law in high schools
B.C.L/LL.B., Faculty of Law, McGill University (Great Distinction, Dean’s Honour List)- 2000
M.Sc., Sociology, London School of Economics and Political Science (Distinction)- 1996
B.A., Sociology, McGill University (First Class Honours, Dean’s Honour List)-1995
- Sovereign Immunity 2020–Canada, (co-authored ), published in S. Jagusch & O.G. Repousis (eds.), Sovereign Immunity–Lexology/Getting the Deal Through
- Obtaining evidence for Canadian proceedings when faced with a blocking statute(co-authored), Commercial Litigation and Arbitration Review (2016), vol. 5, no. 4, pages 55-58
- Requests for Assistance from Foreign Courts: The Limits of International Co-operation (co-authored ), Commercial Litigation and Arbitration Review (2015), vol. 4, no. 1, pages 7-11