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Gaillard, Emmanuel

Emmanuel Gaillard

Partner

Emmanuel Gaillard has advised and represented corporations, States and State-owned entities in international arbitration cases for over 25 years. He has also acted as sole arbitrator, party-appointed arbitrator or Chairman under most international arbitration rules and is frequently called upon to appear as an expert witness on arbitration law issues in international arbitration proceedings or enforcement actions before domestic courts.

He has written extensively on all aspects of arbitration law, in French and in English. In 1999, he co-authored Fouchard Gaillard Goldman On International Commercial Arbitration, a leading publication in this field. In 2007, he authored the first published essay on the legal theory of international arbitration based on his Course at The Hague Academy of International Law (Aspects philosophiques du droit de l'arbitrage international), subsequently published in English (Legal Theory of International Arbitration) as well as in the Arabic, Chinese, Spanish, Hungarian and Portuguese languages. He is a Professor of Law at Sciences Po Law School, where he teaches international arbitration.

Emmanuel Gaillard is widely recognized as a leading expert on international investment arbitration, including arbitrations conducted under the auspices of ICSID (International Centre for Settlement of Investment Disputes). He has published since 1985 a yearly feature in the Journal du Droit International, commenting on ICSID decisions and awards. In 2004, he published a seminal volume on ICSID arbitration case law entitled La Jurisprudence du CIRDI, the second volume of which was published in 2010.

Emmanuel Gaillard has been appointed by France on the ICSID Panel of Arbitrators. He regularly acts as expert for the OECD (Organization for Economic Co-operation and Development), UNCTAD (United Nations Conference on Trade and Development) and UNCITRAL (United Nations Commission on International Trade Law). In 2010, he was appointed as expert by UNCITRAL for the drafting of the UNCITRAL Guide on the New York Convention, which will be published in early 2014.

Emmanuel Gaillard chairs the International Arbitration Institute (IAI) and was the first President and one of the co-founders of the International Academy for Arbitration Law (AIDA). He heads Shearman & Sterling’s International Arbitration practice.

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, and compensation was sought for an amount in excess of USD 114 billion.  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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