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Gaillard, Emmanuel

Emmanuel Gaillard

Partner

Emmanuel Gaillard founded and heads Shearman & Sterling’s 100-lawyers International Arbitration practice.

He has advised and represented companies, States and State-owned entities in hundreds of international arbitrations. He also acts as arbitrator and expert witness.

Emmanuel Gaillard is universally regarded as a leading authority and a star practionner in the fields of both commercial and investment treaty arbitration.

Professional directories and publications have noted his “standout reputation,” “incredible wealth of knowledge and experience” and “fantastic record in the field.” The 2013 editorial of the Who’s Who Commercial Arbitration comments that “’[t]he one and only’ Emmanuel Gaillard is among the most highly regarded individuals in the research overall, and sources were effusive in their praise: ‘There is no one in this profession better or even equally formidable. He eclipses everyone.’”

Over the course of his career, Emmanuel Gaillard has acted on many of the largest international disputes submitted to arbitration. In addition to the USD 50 billion award secured for the majority shareholders of the former Yukos Oil Company, he acted on the ICC arbitration brought by The Dow Chemical Company against Petrochemical Industries Company of Kuwait, which led to a USD 2.47 billion award in favor of Dow, previously distinguished as the largest arbitral award rendered in the history of international arbitration.

A Professor of Law at Sciences Po Law School and a Visiting Professor of Law at Yale Law School, Emmanuel Gaillard has written extensively on all aspects of arbitration law, in French and in English. Co-author of a leading treatise in the field (Fouchard Gaillard Goldman On International Commercial Arbitration), he also authored the first published essay on the legal theory of international arbitration. The volume, originally published in French (Aspects Philosophiques du droit de l’arbitrage international), was subsequently published in English (Legal Theory of International Arbitration), as well as in Arabic, Chinese, Spanish, Hungarian and Portuguese translations.

Emmanuel Gaillard has been appointed by France on the ICSID Panel of Arbitrators. He regularly acts as expert for the OECD, UNCTAD, and UNCITRAL. In 2010, he was appointed as expert by UNCITRAL for the drafting of the forthcoming UNCITRAL Guide on the New York Convention.

He chairs the International Arbitration Institute (IAI) and was the first President and one of the co-founders of the International Academy for Arbitration Law.

Selected Experience

Pending or recent arbitrations in which Emmanuel Gaillard has appeared as Counsel include the representation of:

  • The majority shareholders in the former 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 were brought under the Energy Charter Treaty, a multilateral treaty governing trade and investment in the energy sector.  The arbitrations were conducted in accordance with the UNCITRAL Arbitration Rules and were administered by the Permanent Court of Arbitration (PCA) in The Hague.  In an Interim Award of November 20, 2009, the Arbitral Tribunal decided that it had jurisdiction over the dispute and that the claims were admissible. In a Final Award rendered on 18 July 2014, the Arbitral Tribunal ordered the Russian Federation to pay over USD 50 billion in damages to our clients, which makes this the largest arbitral award ever rendered by an arbitral tribunal. The Tribunal also ordered the Respondent to reimburse to our clients 75% of the legal fees they had incurred in these proceedings, as well as 100% of the arbitration costs.
  • The Arab Republic of Egypt as Respondent in an ICSID arbitration initiated by Ampal-American Israel Corporation and other investors (ICSID Case No. ARB/12/11) concerning alleged violations of investors’ rights under the Egypt-U.S. and the Egypt-Germany bilateral investment treaties. The investment concerns a long term contract for the supply of natural gas.
  • EDF International as Respondent in an ICC arbitration in Zurich initiated by a company fully-owned by the German Land of Baden-Württemberg. The dispute arises from the acquisition by the Land of EDF's stake in an energy company based in the Land of Baden-Würtemberg and raises complex issues of EU law. German law applies.

Publications

  • Author, Legal Theory of International Arbitration, Martinus Nijhoff, 2010.
  • Author, Aspects philosophiques du droit de l’arbitrage international, The Hague Academy of International Law, Martinus Nijhoff, 2008.
  • Co-editor, Enforcement of Arbitration Agreements and International Arbitral Awards – The New York Convention in Practice, Cameron May, 2008.
  • Author, La jurisprudence du CIRDI, Pedone, 2 volumes, 2004 and 2010.
  • Co-author, Fouchard Gaillard Goldman On International Commercial Arbitration, Kluwer, 1999.
  • Co-author, Traité de l’arbitrage commercial international, Litec, 1996.
  • General editor, Fifteen Years of NAFTA Arbitration, IAI International Arbitration Series No. 7, Juris Publishing, 2011.
  • General editor, The Review of International Arbitral Awards, IAI International Arbitration Series No. 6, Juris Publishing, 2010.
  • General editor, Precedent in International Arbitration, IAI International Arbitration Series No. 5, Juris Publishing, 2008.
  • General editor, States Entities in International Arbitration, IAI International Arbitration Series No. 4, Juris Publishing, 2008.
  • General editor, Towards a Uniform International Arbitration Law?, IAI International Arbitration Series No. 3, Juris Publishing, 2005.
  • General editor, Anti-Suit Injunctions in International Arbitration, IAI International Arbitration Series No. 2, Juris Publishing, 2005.
  • General editor, Annulment of ICSID Awards, IAI International Arbitration Series No. 1, Juris Publishing, 2004.
  • Yearly commentaries on ICSID case law in the Journal du Droit International (since 1985).
  • Numerous other articles and book chapters on international arbitration and private international law.
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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

Languages

Nationality

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