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Paris
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Emmanuel Gaillard
Partner




Education

Agrégé des Facultés de Droit, 1982
University of Paris II Panthéon-Assas, Ph.D., 1981
University of Paris II Panthéon-Assas, D.E.A. Criminal Law, 1977
University of Paris II Panthéon-Assas, D.E.A. Private Law, 1976


Practice

Emmanuel Gaillard heads the firm’s international arbitration practice.  He has represented major corporations, States and State-owned entities in over 250 international arbitration cases (with emphasis on investment, energy, construction, and mergers & acquisitions disputes).  He has acted as sole arbitrator, party-appointed arbitrator or chairman in more than 50 international arbitrations.  He has also appeared as expert witness on choice of law, arbitration law issues and transnational principles in a number of international arbitration proceedings or enforcement actions before domestic courts.


Recent Experience

Recent or pending arbitrations in which Emmanuel Gaillard has appeared as Counsel include the representation of:

  • The majority shareholders in Yukos Oil Company as Claimants in a series of three arbitrations against the Russian Federation in relation to the expropriation of their investment in the company. The claims are brought under the Energy Charter Treaty, a multilateral convention governing trade and investment in the energy sector, and compensation is being sought for an amount in excess of US$50 billion. This matter is the largest investment arbitration ever. The arbitrations are conducted in accordance with the UNCITRAL Arbitration Rules and are administered by the Permanent Court of Arbitration (PCA) in The Hague.
  • A leading North African energy producer in two pending UNCITRAL arbitrations in Geneva against one of the world’s largest petroleum and gas majors. The disputes arise from contracts concerning petroleum recovery and interests in a major field in North Africa. More than US$3 billion is at stake.
  • Electricité de France (EDF) as Claimant in two arbitrations in Geneva against Italian banks, one under the rules of the ICC and the other under the rules of the Geneva Chamber of Commerce. The cases arose out of the impact of the Italian Government’s attempts to prevent EDF from acquiring a significant interest in the Italian energy market through its participation in Edison. The amounts at stake were US$1.6 billion and US$1.05 billion, respectively. A favorable settlement was reached.
  • Thales and Thales Naval S.A. as Respondents in an ICC arbitration in Paris against the Navy of the Republic of China on behalf of itself and of the Republic of China. The matter concerns claims for restitution of monies corresponding to commissions allegedly paid in connection with the sales of six frigates, Lafayette Class, by Thales to Taiwan in 1991. The amount at stake is in excess of US$1 billion.
  • A Cypriot company as Claimant in a LCIA arbitration in London against the borrower, a leading Russian oil & gas company, regarding a US$1.6 billion loan. The Claimant sought payment of the unpaid balance of all sums owing under the loan agreement. In September 2005, an award of US$650 million in principal was issued in favor of the Claimant.


Selected Professional & Business Activities

  • Professor of Law, University of Paris XII
  • Visiting Professor of Law, Harvard Law School, 1984 (International Commercial Treaties, Comparative Private International Law)
  • Member, LCIA Court
  • Chairman, International Arbitration Committee, International Law Association (1989-1998)
  • Chairman, International Arbitration Institute (IAI)
  • Member, International Council for Commercial Arbitration (ICCA)
  • Member, Comité Français de Droit International Privé
  • Member, Comité Français de l’Arbitrage (CFA)
  • Member, Swiss Arbitration Association (ASA)


Publications

Emmanuel Gaillard has written extensively on international commercial and investment arbitration.  He is the Co-author and Co-editor of Fouchard Gaillard Goldman On International Commercial (Kluwer, 1999); Co-author of Traité de l’arbitrage commercial international (with Philippe Fouchard and Berthold Goldman, Litec 1996); and Author of La jurisprudence du CIRDI (Pedone, 2004).  He has also authored numerous other publications on international arbitration and private international law. Click here to find a selection of publications.

Bar Admissions

Paris


Languages

French
English