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Nils Eliasson

Partner
Nils Eliasson is a partner in Shearman & Sterling’s International Arbitration Group. He acts as counsel or arbitrator in commercial and investment treaty disputes conducted under the auspices of the Hong Kong International Arbitration Center (HKIAC), International Chamber of Commerce (ICC), Singapore International Arbitration Center (SIAC), London Court of International Arbitration (LCIA), CIETAC, Vienna International Arbitration Center (VIAC), German International Arbitration Institute (DIS) and the International Arbitration Institute of the Stockholm Chamber of Commerce (SCC), as well as in ad hoc proceedings under the UNCITRAL arbitration rules.

Nils Eliasson's experience includes disputes related to joint ventures, mergers and acquisitions, energy, oil and gas, infrastructure, construction, engineering, license disputes, telecommunications, and real estate. He has also handled investment treaty arbitrations under various bilateral investment treaties and the Energy Charter Treaty.

Nils Eliasson was recently featured in the Who’s Who Arbitration – Future Leaders 2017. The publication, which is based upon an independent survey of general counsel and private practice lawyers worldwide, profiles the foremost practitioners in the arbitration community aged 45 and under and notes that Eliasson is a “charming, impressive character” who “stands out for his investor-state expertise”.  Nils Eliasson has been described as a lawyer with “increasing visibility in commercial and investor-state arbitrations” in China. Praised by clients as a “smart, personable practitioner” in Chambers Asia-Pacific, he is also singled out for his “expert knowledge of the energy industry and various international rules,” which observes that he is frequently mandated by Chinese clients, who appreciate his “excellent legal assistance and services,” and state that he is “refreshing, really engaged in the arbitration field.”

Nils Eliasson is a member of the HKIAC Council, the decision-making and governing body of the HKIAC and a member of the HKIAC Proceedings Committee.

Selected Experience

International arbitrations on which Nils Eliasson has appeared as Counsel include the representation of:

  • A Chinese State-Owned Enterprise in an SCC arbitration governed by Swedish law arising out of a series of engineering services contracts for the design and construction of a petrochemical plant. USD 1.8 billion is at stake.
  • A Chinese State-Owned Enterprise in an SCC arbitration governed by Swedish law arising under a long-term gas supply agreement. Over USD 2 billion is at stake.
  • An Asian State-owned entity and its subsidiaries as lead counsel in a dispute subject to UNCITRAL arbitration in Stockholm against a State-owned entity in a Central Asian State. The dispute arises from an agreement for the construction of a plant on a turnkey (EPC) basis. The amount at stake exceeds USD 200 million.
  • A Chinese company in HKIAC arbitration proceedings against a US company concerning a joint venture and technology transfer. Over USD 150 million is at stake.

Representative Speaking Engagements

  • “Issue Conflict in Investment arbitration” at the Annual Conference of the Inter-Pacific Bar Association, Auckland, April 2017
  • “The Yukos Case – Lessons To Be Learnt For Chinese Investors” at the Beijing Arbitration Commission, Beijing, November 2016
  • “Arbitration in Banking and Finance Disputes” at the IBA 2nd Asia-Based International Finance Law Conference, Singapore, March 2016
  • HKIAC Contract Negotiation Workshop for In-House Counsel, Hong Kong, March 2016
  • “The Use of Tribunal Secretaries in International Arbitration” at the Philippines Institute of Arbitrators, Manila, February 2016
  • “The Concept of Investment” at the conference “ICSID at 50: The Evolution of International Investment Treaties and Dispute Resolution” organized by ICSID and Xi’an Jiatong University, Xi’an, November, 2015
  • “Sanctions and Cross-Border Transactions” at the ADR in Asia Conference, Hong Kong, October 2015
  • “Enforcement of the Arbitration Agreement” at the UNCITRAL Asia-Pacific Judicial Summit, Hong Kong, October 2015
  • “Third Parties & Arbitration”, Annual Conference of the Inter-Pacific Bar Association, Hong Kong, 5-9 May 2015
  • “Investment Arbitration in Asia: the State of Play as Asian Economies become Net Exporters of FDI,” Chartered Institute of Arbitrators Centenary Conference, Hong Kong, 21 Mar. 2015
  • “Issue conflicts in investment arbitration,” International Bar Association Conference, Tokyo, 24 Oct. 2014
  • Moderator at the conference 20 years of Energy Charter Treaty organized by the SCC, the Energy Charter Secretariat and ICSID, Paris, 7 Mar. 2014
  • Conference Moderator at the 1st Indonesia and South-East Asia Arbitration Summit organized by Kluwer Law, Jakarta, 12 Dec. 2013
  • “National Court Review of Investment Treaty Awards,” HKIAC and HK45 seminar on International Arbitration in International Law, Hong Kong, 3 July 2013
  • “Jurisdiction, Investment Planning and Treaty Shopping under Chinese BITs,” Asia-Pacific Regional Arbitration Group (APRAG) conference hosted by CIETAC, Beijing, 27-29 June 2013
  • “Managing Cross-Border Disputes – Advising In-House Counsel”, Kluwer Law’s 3rd Hong Kong Arbitration Forum, Hong Kong, 20 June 2013
  • “Enforcement of Investment Treaty Claims under Chinese BITs,” Annual Conference of the Inter-Pacific Bar Association, Seoul, 18-20 Apr. 2013
  • “Arbitration in Sweden,” All China Lawyers’ Association and CIETAC conference, Beijing, 6 Dec. 2012
  • “Arbitration in the Energy Sector,” International Arbitration and ADR in China Conference organized by Kluwer Law, Beijing, 29 Nov. 2012
  • “Technology Development and Evidence in International Arbitration,” LCIA Conference, Bangalore, 7 July 2012
  • Speaker at ICC and AFIA Annual International Arbitration Symposium, Hong Kong, 24 Mar. 2012
  • “Investment Arbitration: Regional Updates and Perspectives,” ADR in Asia Conference, organized by HKIAC, Hong Kong, 28 Sept. 2011
  • “Investment Arbitration and China” at Duelling with Dragons: Managing Business Disputes in Today’s China – conference organized by CIETAC and HKIAC, New York, 20 Sept. 2011
  • Keynote speaker on “10 years of Energy Charter Treaty Arbitration”, conference organized by the SCC, the Energy Charter Secretariat and ICSID, Stockholm, 9-10 June 2011
  • Spoke on the “Selection of Arbitrator” and “Cultural Differences at the conference “Advocacy, Efficiency and Collegiality: Stepping stones for the future of international arbitration”–Arbitration Conference, Hong Kong, 5 Apr. 2011
  • Moderator at “Introducing the New Hong Kong Arbitration Ordinance”, Seminar organized by the HKIAC and the HK45, Hong Kong, 22 Mar. 2011
  • Spoke on “Protecting Chinese Overseas Investments”, Seminar organized by CIETAC, Beijing, 16 March 2011

Publications

  • “Hong Kong,” in Asia Arbitration Guide (Respondek & Fan, 3rd ed. 2017)
  • Contributor, Hong Kong Arbitration Ordinance – Commentary and Annotations (Sweet & Maxwell, 2011 and October 2015)
  • “The Chinese Investment Treaty Programme, Jurisdictional Challenges and Investment Planning: The Example of Chinese Outbound Investments in the Natural Resources Sector,” in China and International Investment Law – Twenty Years of ICSID Membership (W. Shan & J. Su eds., Brill Nijhoff, 2015)
  • “Investment Arbitration and Hong Kong,” in Arbitration in Hong Kong: A Practical Guide (Chief Justice Ma & D. Brock eds., 2d and 3rd ed., Sweet & Maxwell, 2011 and 2014)
  • “Stockholm as a Forum for Investment Treaty Arbitration,” in International Arbitration in Sweden – A Practitioner’s Guide 53 (U. Franke, A. Magnusson, J. Ragnwaldh & M. Wallin eds., Wolters Kluwer, 2013)
  • “Chinese Investment Treaties: A Procedural Perspective,” in Foreign Investment and Dispute Resolution Law and Practice in Asia 90 (V. Bath & L. Nottage eds., Routledge, 2011)
  • “Investment Treaty Protection of Chinese Natural Resources Investments,” 7(4) Transnational Dispute Management (Dec. 2010)
  • “Review of Investment Treaty Awards by Municipal Courts,” in Arbitration under International Investment Agreements 635 (K. Yannaca-Small ed., Oxford University Press, 2010) (with K. Hober)
  • “Security for Costs in Investment Arbitration,” in Between East and West: Essays in honour of Ulf Franke 395 (K. Hober, A. Magnusson & M. Öhrström eds., Juris Publishing, 2010) (with J. Ragnwaldh)
  • “Investor-State Arbitration and Chinese Investors: Recent Developments in Light of the Decision on Jurisdiction in the Case Mr. Tza Yap Shum v. The Republic of Peru,” 2(2) Contemporary Asia Arbitration Journal 347 (Nov. 2009)
  • “Investor-State Arbitration and China – An Overview,” in Business Disputes in China 287 (M. Moser ed., 3rd ed., Juris Publishing, 2011) (with K. Hober)
  • “The UNCITRAL Model Law on Arbitration and the Swedish Arbitration Act: A Comparison,” in The Swedish Arbitration Act of 1999, Five Years On: A Critical Review of Strengths and Weaknesses 171 (L. Heuman & S. Jarvin eds., Juris Publishing, 2006)
  • “Towards a New Property?,” 4(1) European Journal of Social Security 55 (2002)
  • Protection of Accrued Pension Rights. An Inquiry into Reforms of Statutory and Occupational Pension Schemes in a German, Norwegian and Swedish Context (Juristförlaget, Lund 2001)
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Education

  • University of Lund, Dr. jur.
  • University of Lund, Master of laws
  • University of Utrecht, Certificate in Comparative and International Law

Admissions/Qualifications

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