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gaillard emmanuel

Emmanuel Gaillard

Partner

Experience as Counsel

Numerous international arbitration proceedings under the Arbitration Rules of ICC, ICSID, LCIA, SCC, SIAC, AAA, CRCICA as well as in ad hoc arbitration proceedings (areas of expertise include oil & gas, international investment, and mergers & acquisitions matters).

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

  • The Republic of Lithuania as Respondent in an ICSID arbitration brought by Veolia Environnement S.A. and others in relation to district heating and power generation systems in Lithuania (ICSID Case No. ARB/16/3). The claims are brought under the Lithuania-France bilateral investment treaty.
  • 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. We also represent the Arab Republic of Egypt as Respondent in an UNCITRAL arbitration brought by other investors concerning alleged violations of investors’ rights under the Egypt-Poland bilateral investment treaty in relation to the same long-term contract.
  • 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 July 18, 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 Republic of Lithuania as Respondent in an arbitration commenced by Russian State-owned gas company Gazprom.  The dispute related to Lithuania’s unbundling of gas transmission from gas production and supply in the Lithuanian gas distribution company Lietuvos Dujos, in compliance with the EU Third Energy Package and in particular Directive (EC) 2009/73.  The proceedings were brought under the 1999 Russia-Lithuania bilateral investment treaty and were conducted under the 1976 UNCITRAL Arbitration Rules.
  • The People’s Democratic Republic of Algeria as Respondent in an UNCITRAL arbitration initiated by Global Telecom Holding SAE. The dispute arose from alleged breaches of the Algeria-Egypt bilateral investment treaty in relation to the operation of a mobile telephone company in Algeria. Over USD 16 billion was at stake.
  • Viorel Micula as Claimant in an ICSID arbitration initiated by our client and others against the Republic of Romania (ICSID Case No. ARB/05/20).  The dispute, which was brought under the Sweden-Romania bilateral investment treaty, arose out of the cancellation and withdrawal of a favorable customs and tax regime by the Republic of Romania in relation to a food products enterprise.  The Arbitral Tribunal rendered a USD 250 million award in favor of the Claimants - one of the largest awards ever issued by an ICSID tribunal. We also successfully represented Viorel Micula in proceedings initiated by the Republic of Romania before an ICSID ad hoc Committee to seek the annulment of the award obtained by our client.
  • The People's Democratic Republic of Algeria in an ICSID arbitration initiated by Mærsk Olie, Algeriet A/S (ICSID Case No. ARB/09/14). The arbitration, which was brought under the Algeria-Denmark bilateral investment treaty, was in relation to windfall profit tax in the context of a production-sharing contract. Over USD 3 billion was at stake. 

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

  • Sonatrach as Respondent in an ICC arbitration in Geneva initiated by Total Algérie SAS and Repsol Exploración Argelia.  The dispute is in relation to the interpretation of contractual provisions of a production sharing agreement regarding windfall profit tax and alleged tax stabilization provisions. Over USD 400 million is at stake. Algerian law applies.
  • Egyptian Natural Gas Holding Company (EGAS) and Egyptian General Petroleum Corporation (EGPC) in ICC and CRCICA arbitration with East Mediterranean Gas S.A.E. (EMG). The dispute arose out of a long term gas supply contract between EGAS, EGPC and EMG.  
  • A French-German consortium in two ICC arbitrations in Stockholm against a Finnish utility company. The dispute arises from an agreement for the construction of a nuclear power plant in Finland. Finnish law governs. Over EUR 6.1 billion is at stake.
  • Thirteen financial investment companies and two individuals as Claimants in an ICC arbitration in Paris against a major European telecommunications company. The dispute relatedto the revision and breach of a settlement agreement that was previously entered into by the parties in relation to multiple claims brought in several litigation proceedings. Brazilian law applied. Over USD 15 billion was at stake.
  • The Republic of Lithuania as Claimant in an SCC arbitration in Stockholm against Gazprom, in relation to Gazprom’s obligations to supply gas based on fair prices under the Share Sale and Purchase Agreement between Lithuania and Gazprom as well as Gazprom’s breaches of its obligations under the Shareholders’ Agreement, resulting in overpayments in excess of EUR 1.54 billion.
  • 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 arose from the acquisition by the Land of EDF’s stake in an energy company based in the Land of Baden-Würtemberg and raised complex issues of EU law. German law applied.
  • Egyptian Natural Gas Holding Company (EGAS) as a Respondent in an ICC arbitration in Paris initiated by Spanish Egyptian Gas Company S.A.E. (SEGAS). The dispute arose from a tolling agreement. English law applied.
  • Three European chemical companies in four ICC arbitrations in Paris and Geneva against European subsidiaries of a large North American chemical concern. The disputes arose from a joint venture agreement formed to manufacture a product used for the production of nylon, as well as from a related confidentiality agreement and the resulting settlement agreement entered by the parties to settle a prior dispute. French and Swiss law applied. 
  • A major European retail group as Claimant in an ICC arbitration in São Paulo against its Brazilian joint venture partner. The dispute concerned breaches of a shareholders’ agreement concluded between the parties relating to the control of Brazil’s largest retailer. Brazilian law applied.
  • Numerous gas price review arbitrations.

Experience as Arbitrator

Chairman, sole arbitrator or member of the tribunal in numerous international arbitration proceedings under the Arbitration Rules of ICSID, ICC, LCIA, IACAC, AAA, Franco-German Chamber of Commerce, Zagreb Chamber of Commerce, Geneva Chamber of Commerce and Industry, Cairo Regional Center for International Commercial Arbitration, as well as in ad hoc (including UNCITRAL) arbitration proceedings.

Arbitrations in the public domain include:

  • Federal Elektrik Yatırım ve Ticaret A.Ş. and others v. Republic of Uzbekistan (Arbitrator, appointed by the Claimant, ICSID Case No. ARB/13/9). Dispute relating to the renovation and development of a natural gas system.
  • EuroGas Inc. and Belmont Resources Inc. v. Slovak Republic (Arbitrator, appointed by the Claimant, ICSID Case No. ARB/14/14). Dispute relating to a talc mining enterprise.
  • CEZ AS v. Albania (Arbitrator, appointed by the Republic of Albania, UNCITRAL Case). Dispute relating to a power distribution enterprise.
  • MNSS B.V. and Recupero Credito Acciaio N.V. v. Montenegro (Arbitrator, appointed by the Claimant, ICSID Case No. ARB (AF)/12/8). Dispute relating to steel production.
  • Lundin Tunisia B.V. v. Republic of Tunisia (Arbitrator, appointed by the Claimant, ICSID Case No. ARB/12/30). Dispute relating to oil exploration and exploitation operations.
  • Toto Costruzioni Generali S.p.A. v. Republic of Lebanon (President of the Ad hoc Committee, ICSID Case No. ARB/07/12). Dispute relating to a highway construction.
  • Commerce Group Corp San Sebastian Gold Mines, Inc. v. Republic of El Salvador (President of the Ad hoc Committee, ICSID Case No. ARB/09/17). Dispute relating to a mining concession.
  • Global Trading Resource Corp. and Globex International, Inc. v. Ukraine (Arbitrator, appointed by the Claimants, ICSID Case No. ARB/09/11). Claim dismissed in the first award rendered under ICSID Arbitration Rules 41(5), a provision added to the Rules in 2006 and allowing for summary dismissal of claims which are “manifestly without merit”.
  • Saba Fakes v. Republic of Turkey (President, appointed by the parties, ICSID Case No. ARB/07/20): dispute relating to mobile telecommunications services. Claim dismissed on the ground that the Tribunal did not have jurisdiction in light of the requirement that an investment be made by the Claimant.
  • Shareholders of SESAM v. Central African Republic (President, appointed by the parties, ICSID Case No. CONC/07/1). Conciliation concerning log production and processing enterprise.
  • Victor Pey Casado and President Allende Foundation v. Republic of Chile (Arbitrator, appointed by ICSID, ICSID Case No. ARB/98/2). Dispute arising out of the alleged expropriation of a newspaper company by Chile’s military junta. 
  • Cargill, Incorporated v. Republic of Poland (Arbitrator, appointed by the Claimant, former ICSID Case No. ARB(AF)/04/2).
  • Canfor Corporation v. USA (President, appointed by agreement between the parties, arbitration under the UNCITRAL Arbitration Rules and NAFTA). Arbitration regarding the effect of U.S. antidumping and countervailing duty determinations (including the Byrd Amendment of 2000) on the softwood lumber industry made by the U.S. Department of Commerce. Case consolidated with two other arbitrations relating to softwood lumber before the same Consolidated Tribunal under NAFTA Article 1126.
  • Consortium Groupement L.E.S.I.-DIPENTA v. Algeria (Arbitrator, appointed by the Republic of Algeria, ICSID Case No. ARB/03/8). Dispute arising out of the construction of a dam.
  • L.E.S.I. SpA and Astaldi SpA v. Algeria (Arbitrator, appointed by the Republic of Algeria, ICSID Case No. ARB/05/3). Dispute arising out of the construction of a dam. 
  • PT Aria West International v. PT Telekomunikasi Indonesia Tbk (Arbitrator, appointed by the Claimant, ICC arbitration, Geneva). Amount in dispute USD1.2 billion. Dispute arising out of a joint operating agreement between a foreign investor and Indonesia’s State phone company for building and operating a fixed-lined phone service in West Java. Case settled as part of a USD 350 million buyout of Aria West by Telekom Indonesia.

Experience as Expert

Emmanuel Gaillard has appeared as expert in numerous international arbitration proceedings. Cases in the public domain include the ICC arbitration between Andersen Consulting and Arthur Andersen, the LCIA arbitration between True North Communications and Publicis, and the ICC arbitration between AT&T Corp. and Saudi Cable Company. He also appears as expert in court proceedings, in particular with respect to the recognition and enforcement of arbitral awards in a number of countries.

Recent involvements include expert legal opinions given:

  • Expert opinion in ICSID arbitration regarding alleged breach of African State’s investment code.
  • Expert report on French international arbitration law before the High Court of England and Wales in connection with a request for enforcement of an award.
  • In the action brought before the U.S. District Court for the District of Columbia by International Bechtel Company against Dubai regarding the enforcement of an award set aside in the country of origin.
  • In the action brought before the U.S. District Court for the Southern District of Florida by Four Seasons Hotels against Consorcio Barr for the enforcement of a AAA award rendered in Miami and set aside in Venezuela.
  • In the action brought before the Superior Court of Quebec by Tusculum B.V. against Louis Dreyfus & Cie to vacate an order and final award by an ICC arbitral tribunal on the ground that it decided issues allegedly decided in an earlier partial award.
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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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