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Emmanuel Jacomy

Partner

Emmanuel Jacomy is a partner in Shearman & Sterling’s International Arbitration Group. He has advised and represented companies and State-owned entities in international commercial and investment treaty arbitrations under most major arbitration rules, with particular focus on investment, oil & gas, energy, mining and intellectual property disputes, as well as disputes having an Asian or African nexus. He has also represented clients in litigation before French courts. He joined the firm in 2006.

Emmanuel Jacomy is a Visiting Lecturer at the National University of Singapore (NUS) and National Taiwan University (NTU). He also regularly appears as a speaker on issues of investment arbitration and international commercial arbitration.

Emmanuel Jacomy is also actively involved in the firm’s International Pro Bono Program, currently representing victims of the Khmer Rouge regime before the Extraordinary Chambers in the Courts of Cambodia (“ECCC”), a United Nations-supported tribunal set up to bring to trial senior leaders of the regime led by Pol Pot in Cambodia from 1975 to 1979.

Selected Experience

International arbitrations on which Emmanuel Jacomy has worked include the representation of:

  • Two Independent Power Producers (IPPs) in a Central Asian State in a dispute, subject to ICC arbitration in Singapore, against a State-owned entity of that State. The dispute arises from Power Purchase Agreements and is governed by English law.
  • Cairn Energy PLC in an UNCITRAL arbitration against the Republic of India. The claims are brought under the UK-India bilateral investment treaty. The dispute relates to retrospective tax measures adopted by the Indian Government. Over USD 5.5 billion is at stake.
  • Nine Asian Independent Power Producers (IPPs) as Claimants in an LCIA arbitration seated in London against a State-owned entity. The disputes arises out the non-payment of certain amounts under Power Purchase Agreements concluded between the IPPs and a State-owned entity. The law of the Respondent's State applies.

Publications

  • “China’s investment treaty programme: Past, present and future,” China Business Law Journal, Apr. 2017, at 23 (with N. Eliasson)
  • “Compétence et recevabilité dans le droit de l’arbitrage en matière d’investissements,” in Droit international des investissements et arbitrage transnational 773 (C. Leben ed., Pedone, 2015) (with Y. Banifatemi)
  • “France adopts New Law On Arbitration,” New York Law Journal, Jan. 24, 2011 (with E. Gaillard)

Representative Speaking Engagements

  • “The Yukos Case – Lessons To Be Learnt For Chinese Investors,” Beijing Arbitration Commission (BAC) Conference , Beijing, 8 November 2016
  • “Assistance and Supervision: Judicial Practice Supporting Arbitration in ‘Belt and Road’ Countries,” China Arbitration Summit 2016 co-hosted by the Supreme People’s Court of China and CIETAC, Beijing, 29 September 2016
  • “Construction Arbitration in Africa,” 2016 Annual Conference: Belt and Road Initiative - How would that change arbitration and ADR? organized by the China Academy of Arbitration law and Chartered Institute of Arbitrators, Beijing, 9 September 2016
  • “Enforcement of Awards against State and State-owned Entities: the Long March?,” Taipei International Conference on Arbitration and Mediation hosted by the Chinese Arbitration Association, Taipei, 29 August 2016
  • “Principles and techniques to draft effective written pleadings in international arbitration,” Written Advocacy in International Arbitration Workshop" hosted by the China Young Arbitration Group (CYAG), Beijing, 2 August 2016
  • “Making your Written Case - Notice of Arbitration and other Written Submissions.,” Writing To Win In International Arbitration” conference hosted by the YSIAC Committee of Singapore International Arbitration Centre, Singapore, 8 July 2016
  • “Increasing Demand for the International Dispute Resolution in the ECA Region,” IBA Europe-Caucasus-Asia (ECA) Forum 2016, Kyiv – Lviv, Ukraine, 15-19 July 2016
  • “Damages Valuation in Complex Arbitration Cases,” Philippines Institute of Arbitrators (PIArb) Conference, Manila, 25 June 2015
  • “Use (and Abuse?) of Multi-tiered Dispute Resolution Clauses in Recent Commercial and Investment Arbitrations: Issues and Lessons for the Parties,” Taipei International Conference on Arbitration and Mediation, Taipei, 6-7 September 2015
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Education

  • Panthéon-Sorbonne University (Paris I), Master (DEA) of International Economic Law, Hons.
  • HEC School of Management, Master of Science in Management, First Class Hons.

Admissions/Qualifications

Languages

Nationality

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