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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 represented multinational corporations, government-owned entities and governments in more than 90 international arbitration matters, as well as investment arbitration matters, involving industries such as oil & gas, energy, construction and defense. Philippe Pinsolle also acts regularly as arbitrator in ad hoc and institutional international arbitrations. He joined Shearman & Sterling in 1991 and became a partner in 2001.
Recent Experience
Recent or pending arbitrations in which Philippe Pinsolle has appeared as Counsel include the representation of:
- The majority shareholders in 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 US$50 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.
- Sonatrach in a pending UNCITRAL arbitration in Geneva against Repsol and Gas Natural. The dispute arose out of an integrated project including the development of existing gas fields, the construction of a liquefaction gas plant and upstream facilities, and the commercialisation of the liquefied gas. The applicable law is Algerian law and the proceedings are conducted in French. Billions of dollars are at stake.
- A leading North African energy producer in two pending UNCITRAL arbitrations in Geneva against one of the world’s largest petroleum and gas majors. The disputes arise from contracts concerning petroleum recovery and interests in a major field in North Africa. More than US$3 billion is at stake.
- Thales and Thales Naval S.A. as Respondents in an ICC arbitration in Paris against the Navy of the Republic of China on behalf of itself and of the Republic of China. The matter concerns claims for restitution of monies corresponding to commissions allegedly paid in connection with the sales of six frigates by Thales to Taiwan in 1991. The amount at stake is in excess of US$1 billion.
- Electricité de France (EDF) as Claimant in two arbitrations in Geneva against Italian banks, one under the rules of the ICC and the other under the rules of the Geneva Chamber of Commerce. The cases arose out of the impact of the Italian government’s attempts to prevent EDF from acquiring a significant interest in the Italian energy market through its participation in Edison. The amounts at stake were US$1.6 billion and US$1.05 billion, respectively. A favorable settlement was reached.
Selected Professional & Business Activities
- President, UIA (Union Internationale des Avocats) Commission on International Arbitration
(2005–07)
- 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 and University of Versailles—Saint-Quentin
- 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)
Publications
Philippe Pinsolle has written 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:
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Co-editor, TOWARDS A UNIFORM INTERNATIONAL ARBITRATION LAW?, IAI SERIES ON INTERNATIONAL ARBITRATION NO. 3 (Juris Publishing, 2005)
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The dispute resolution provisions of the Energy Charter Treaty, 10(3) INTERNATIONAL ARBITRATION LAW REVIEW 82 (2007)
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‘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)
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Damages in Investment Arbitration—Are the Standards different from Commercial Arbitration?—The Need for Consistency, 6(1) JOURNAL OF WORLD INVESTMENT 45 (2005)
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Jurisdictional review of ICSID Awards, 5 JOURNAL OF WORLD INVESTMENT 613 (August 2004)
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The ICC Pre-Arbitral Referee; First Practical Experiences, 20(1) ARBITRATION INTERNATIONAL 13 (2004) (with E. Gaillard)
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Private Enforcement of European Community Competition Rules by Arbitrators, 7(1) INTERNATIONAL ARBITRATION LAW REVIEW 14 (2004)
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Advocacy in International Commercial Arbitration in France, in THE ART OF ADVOCACY IN INTERNATIONAL ARBITRATION 133 (R.D. Bishop ed., 2004) (with E. Gaillard)
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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
Bar Admissions/Qualifications
Barrister, England & Wales
Avocat, Paris
Languages
French
English
Spanish
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