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Philippe
Pinsolle
Partner
Education
ESSEC, (Ecole Supérieure des Sciences Economiques et Commerciales), M.B.A., 1989
University of Paris II Panthéon-Assas, Maîtrise in Private Law (JD Equivalent), 1991
Oxford University, Hertford College, MJur, 1995
Practice
Philippe Pinsolle is a partner in Shearman & Sterling’s International Arbitration Group. He has acted as Counsel in more than 120 international arbitrations, with a particular focus on investor-State arbitrations and commercial disputes involving industries such as oil & gas, energy, construction and defense. He also regularly acts as chairman, sole arbitrator and party appointed arbitrator and as expert in ad hoc and institutional international arbitrations.
Philippe Pinsolle is admitted in Paris and in England as a Barrister. He joined Shearman & Sterling in 1991 and became a partner in 2001. Chambers Global reports that clients have described him as an “outstanding strategist” with a “great tactical sense.” He has also been praised as an “oil and gas specialist.” In January 2012, Philippe Pinsolle was awarded the Swiss Arbitration Association’s prize for advocacy in international commercial arbitration.
Experience
Experience as Counsel
Recent or pending arbitrations in which Philippe Pinsolle has appeared as Counsel include the representation of:
- Sonatrach as Respondent in an UNCITRAL arbitration in Geneva initiated by Anadarko Algeria Co. LLC and Maersk Olie, Algeriet AS. The dispute was in relation to the interpretation of contractual provisions regarding windfall profit tax and tax stabilization provisions in the context of a production sharing contract. Over 11 billion US dollars was at stake. A settlement was achieved.
- The 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-Demark 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. A settlement was achieved.
- The majority shareholders in 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 are brought under the Energy Charter Treaty, a multilateral convention governing trade and investment in the energy sector, and compensation is being sought for an amount in excess of USD 114 billion. This matter is the largest investment arbitration ever. The arbitrations are conducted in accordance with the UNCITRAL Arbitration Rules and are administered by the Permanent Court of Arbitration (PCA) in The Hague. In an Interim Award of November 30, 2009, the Arbitral Tribunal decided that it has jurisdiction over the dispute and that the claims are admissible.
- A European power producer as Claimant in an UNCITRAL arbitration against a East European State. The dispute arises from the termination of the Power Purchase Agreements put in place during the privatization of the electricity sector. The claims are brought under the Energy Charter Treaty. Hundreds of millions of US dollars are at stake.
- A Middle Eastern company as Respondent in an ICC arbitration in Paris initiated by a European bank. The dispute arises from the termination of a facility agreement granted by the Claimant for the construction and management of a high standard hospital in the Middle East. French law applies and the languages of the proceedings are English and French. The amount at stake is in excess of USD 110 million.
- A European energy company, buyer in a long-term gas supply agreement, in an ICC arbitration in London against another European energy company. The dispute arises out of a long-term gas purchase agreement and includes issues of disconnect between the price formula and the market price. English law applies.
Experience as Arbitrator
Chairman, Sole arbitrator or co-arbitrator in international arbitration proceedings under the aegis of the ICC, LCIA, ICSID, AAA, the Stockhom Chamber of Commerce, the Geneva Chamber of Commerce and Industry and the French Arbitration Association.
Selected Professional & Business Activities
- President, UIA (Union Internationale des Avocats) Commission on International Arbitration
(2005–07)
- Co-Editor in Chief, Paris Journal of International Arbitration / Cahiers de l'Arbitrage
- Member, Editorial Board, International Arbitration section, International Business Law Journal / Revue du Droit des Affaires Internationales
- Lecturer on international arbitration, University of Aix-Marseille III, Institut de Droit des Affaires, University of Versailles – Saint-Quentin and University of Montpellier
- Member, Comité Français de l’Arbitrage (CFA)
- Member, Swiss Arbitration Association (ASA)
- Member, London Court of International Arbitration (LCIA)
- Member, International Arbitration Institute (IAI)
- Co-Founder, Young Arbitration Practitioners (YAP)
Selected Publications
Philippe Pinsolle has authored numerous articles on international arbitration, in French and in English. He also regularly appears as speaker, particularly on issues of investment arbitration. His publications include:
- General Editor, The French International Arbitration Law Report: 2008 (forthcoming, JurisNet, 2011) (with T. Clay)
- Co-editor, TOWARDS A UNIFORM INTERNATIONAL ARBITRATION LAW?, IAI SERIES ON INTERNATIONAL ARBITRATION NO. 3 (Juris Publishing, 2005)
- The EC as a Respondent in ECT Arbitration (forthcoming in INVESTMENT TREATY LAW CURRENT ISSUES, Vol. IV (BIICL publication))
- Obligation de révélation et issue conflicts, Note followin g CA Paris, 10 March 2011 (EURL Tesco), CA Paris 10 March 2011 (Nykcool AB); CA Paris 1 July 2011 (SA Sobrior) and Cass. 1ère civ., 29 June 2011 (Papillon Group Corp.), PETITES AFFICHES, 11-14 November 2011, No. 225-26, at 14
- Le financement de l'arbitrage par les tiers, 2011(2) REVUE DE L'ARBITRAGE 385
- Selected Nationality Issues in ECT Arbitration, in LIBER AMICORUM BERNARDO CREMADES 965 (M.A. Fernandez-Ballesteros and D. Arias eds., La Ley, 2010)
- Les problèmes cachés de la proposition de suppression de l’exception d’arbitrage du Règlement 44/2001, 2010(1) CAHIERS DE L’ARBITRAGE/PARIS JOURNAL OF INTERNATIONAL ARBITRATION 31
- The Proposed Reform of Regulation 44/2001: A Poison Pill for Arbitration in the European Union, 12(4) INTERNATIONAL ARBITRATION LAW REVIEW 62 (2009)
- Recent Significant French Judicial Decisions Involving International Arbitration, in CONTEMPORARY ISSUES IN INTERNATIONAL ARBITRATION AND MEDIATION – THE FORDHAM PAPERS 2008, at 109 (A.W. Rovine ed., Martinus Nijhoff, 2009)
- The Status of Vacated Awards in France: The Cour de Cassation Decision in Putrabali, 24(2) ARBITRATION INTERNATIONAL 277 (2008)
- The dispute resolution provisions of the Energy Charter Treaty, 10(3) INTERNATIONAL ARBITRATION LAW REVIEW 82 (2007)
- ‘Manifest’ Excess of Power and Jurisdictional Review of ICSID Awards, in I INVESTMENT TREATY LAW 51 (F. Ortino, A. Sheppard and H. Warner eds., BIICL publication, 2006)
- Damages in Investment Arbitration—Are the Standards different from Commercial Arbitration?—The Need for Consistency, 6(1) JOURNAL OF WORLD INVESTMENT 45 (2005)
- Jurisdictional review of ICSID Awards, 5 JOURNAL OF WORLD INVESTMENT 613 (August 2004)
- The ICC Pre-Arbitral Referee; First Practical Experiences, 20(1) ARBITRATION INTERNATIONAL 13 (2004) (with E. Gaillard)
- Private Enforcement of European Community Competition Rules by Arbitrators, 7(1) INTERNATIONAL ARBITRATION LAW REVIEW 14 (2004)
- Advocacy in International Commercial Arbitration in France, in THE ART OF ADVOCACY IN INTERNATIONAL ARBITRATION 133 (R.D. Bishop ed., 2004) (with E. Gaillard)
- Court Appointed Arbitrator: French Courts Expand Jurisdiction to Avoid Denial of Justice, 17(6) INTERNATIONAL ARBITRATION REPORT 35 (June 2002)
For a full list of publications, see http://www.iaiparis.com
Selected Recent Accolades and Rankings
- Chambers Global 2011 – International Arbitration (Global)
Chambers Global 2011 – International Arbitration (Europe-wide) Individual Ranking: Band 2 “Philippe Pinsolle is a universally respected international arbitrator and an invaluable member of the Shearman team. This ‘sharp and perceptive’ lawyer offers ample experience, especially in investor-state arbitrations involving construction, energy and defence.”
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Chambers Global 2010 – International Arbitration (Global) Chambers Global 2010 – International Arbitration (Europe-wide) Individual Ranking: Band 2 “Philippe Pinsolle has a background in energy arbitration, though his focus has now expanded to include a broader range of sectors. He is increasingly involved in investment treaty arbitrations, giving him a very broad and balanced practice.”
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Chambers Global 2010 – Dispute Resolution: International Arbitration (France) Chambers Europe 2010 – Dispute Resolution: International Arbitration (France) Individual Ranking: Band 2 “Philippe Pinsolle’s . . . pragmatic approach, great intellect and technical prowess set him apart.”
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Chambers Global 2009 – International Arbitration (Global) Chambers Global 2009 – International Arbitration (Europe-wide) Individual Ranking: Band 2 “Commentators admire [Philippe Pinsolle] as ‘the type of lawyer who would never overload a matter – he can handle massive arbitrations with just himself and an associate, making the outfit more effective and much better value.’”
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Chambers Global 2009 – Dispute Resolution: International Arbitration (France) Chambers Europe 2009 – Dispute Resolution: International Arbitration (France) Individual Ranking: Band 2 “Oil and gas specialist Philippe Pinsolle is singled out for his ‘great tactical sense.’ This ‘outstanding strategist’ represents a throng of international leaders in the energy field.”
- Chambers Global 2009 – International Arbitration (Global)
Global Group Ranking: Band 1 “Shearman & Sterling’s position as a leader in the market cannot be disputed,” assert peers of this outstanding international outfit . . . . During the past year, Shearman & Sterling has seen a considerable rise in its number of energy and investment-related disputes, a trend that sits alongside its stellar reputation in the construction and engineering industries. Interviewees enthusiastically rate the service offered here as “a fantastic experience for clients,” and highlight the fact that “the lawyers will really get to the heart of an issue and anticipate all the significant problems that come up.”
- Chambers Global 2009 – Arbitration (International) (Europe wide)
Group Ranking: Band 1 “Sources commend the international reach of this firm’s commercial arbitration team, and report that the group is “quite rightly thought of as being at the top of the arbitration tree.” The Paris team is undoubtedly the nucleus of the practice, with its ability to handle the really big-ticket cases under the aegis of star performer and head of the firm’s international arbitration practice Emmanuel Gaillard.”
- Chambers Europe 2009 – Dispute Resolution: International Arbitration (France)
Group Ranking: Band 1 “Proclaimed a “definite leader in the French market,” Shearman & Sterling offers “an absolutely superb team” of 30 lawyers and remains an authority on investment treaty, oil and gas, international law and IP matters.”
- Global Arbitration Review – GAR 100 Firms
“Philippe Pinsolle is by many accounts a leader in his generation in Paris – possibly the leader. He was included in GAR’s ’45 Under 45’ survey.”
Nationality
French
Bar Admissions/Qualifications
Barrister, England & Wales
Paris
Languages
French
English
Spanish
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