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Yas
Banifatemi
Partner
Education
University of Panthéon-Assas (Paris II), Ph.D. in International Law, 1997 (with highest honors; Dissertation honored with a prize at the Concours de Prix de Thèses of University of Panthéon-Assas (Paris II))
Harvard Law School, LL.M., 1997
Practice
Yas Banifatemi is a partner in Shearman & Sterling’s International Arbitration Group and leads the firm’s Public International Law Practice. She has advised multinational corporations and Governments on a variety of public international law issues, including State responsibility, law of treaties, State contracts, immunities of States and international organizations, boundaries and law of the sea.
Yas Banifatemi has represented multinational corporations, States and State-owned entities in over 50 international arbitration cases (focusing on international investment law, oil & gas, mergers & acquisitions disputes, and general commercial matters). She has been with Shearman & Sterling since 1997.
Click here to view a printable version of this resume.
Recent Experience
Experience as Counsel
Pending arbitrations in which Yas Banifatemi 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 commercialization of the liquefied gas. The applicable law is Algerian law and the proceedings are conducted in French. Billions of US dollars are at stake.
- Mercuria Energy Group Ltd., a Cypriot energy company, as Claimant in an arbitration against the Republic of Poland. The dispute arose out of the Polish Authorities’ conduct in relation to an alleged failure to keep and to establish mandatory reserves of refined products. The claims are brought under the Energy Charter Treaty and the arbitration is conducted under the auspices of the Arbitration Institute of the Stockholm Chamber of Commerce. The amount at stake is in excess of USD 700 million.
- A North African energy company in conciliation proceedings with a large energy conglomerate led by a North American energy company. The dispute is in relation to the equilibrium of the parties’ contractual obligations. Several billion US dollars are 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.
Experience as Arbitrator
Co-arbitrator in an ICC arbitration in Paris in the telecommunications industry. Secretary to the Arbitral Tribunal in Canfor Corp. v. USA, an arbitration under the UNCITRAL Arbitration Rules and NAFTA in the softwood lumber industry.
Selected Professional & Business Activities
- Lecturer on International Investment Law, University of Panthéon-Sorbonne (Paris I) (since 2006)
- Director of Studies, Public International Law, The Hague Academy of International Law (Summer 2004)
- Lecturer on Public International Law, University of Panthéon-Assas (Paris II) (1994–1996 and 1999–2000)
- Member, American Society of International Law (ASIL)
- Member, European Society of International Law (ESIL)
- Member, French Society of International Law (SFDI)
- Member, IBA Investment Treaty Sub-Committee
- Member, International Arbitration Institute (IAI)
- Member, Comité Français de l’Arbitrage (CFA)
- Member, Swiss Arbitration Association (ASA)
- Member, London Court of International Arbitration (LCIA)
Publications
Yas Banifatemi has authored numerous articles on international arbitration and international law. She also regularly appears as speaker, particularly on issues of investment arbitration and public international law. Her publications include:
- Editor, Precedent in International Arbitration, IAI Series on International Arbitration No. 5 (Juris Publishing, 2008)
- Co-editor, Annulment of ICSID Awards, IAI Series on International Arbitration No. 1 (Juris Publishing, 2004)
- “The Emerging Jurisprudence on the Most-Favoured-Nation Treatment in Investment Arbitration,” in Investment Treaty Law: Current Issues III (A. Bjorklund, I. Laird, S. Ripinsky eds., BIICL, forthcoming in 2008)
- “Negative Effect of Competence-Competence: The Rule of Priority in Favour of the Arbitrators,” in Enforcement of Arbitration Agreements and International Arbitral Awards – The New York Convention in Practice 257 (E. Gaillard and D. Di Pietro eds., Cameron May, 2008) (with E. Gaillard)
- “Unresolved Issues in Investment Arbitration,” in Modern Law for Global Commerce – Proceedings of the UNCITRAL Congress, 9-12 July 2007, Vienna (forthcoming in 2008)
- “Le ‘droit au juge’ et l’arbitrage commercial international,” in Libertés, Justice, Tolérance – Liber amicorum Gérard Cohen-Jonathan (2004)
- “Introductory note to ICSID: Salini Costruttori SpA & Italstrade SpA v. Kingdom of Morocco (Proceeding on Jurisdiction),” 42 International Legal Materials 606 (2003) (with E. Gaillard)
- “The meaning of ‘and’ in Article 42(1), second sentence, of the Washington Convention – The role of international law in the ICSID choice of law process,” 18 ICSID Review 375 (2003) (with E. Gaillard)
- “Le nouveau droit de l’arbitrage interne aux Etats-Unis (Revised Uniform Arbitration Act de 2000): La persistance des particularismes,” 2003(4) Revue de l’arbitrage 1195
- “La lutte contre le financement du terrorisme international,” 2002 Annuaire Français de Droit International 103
- “La restitution des avoirs juifs en déshérence sous l’angle du droit international public,” 1998 Annuaire Français de Droit International 76
- Collaboration with Emmanuel Gaillard on his International Arbitration column in the New York Law Journal:
- “Court-ordered measures in Arbitral Discovery” (Dec. 13, 2007)
- “The Representations of International Arbitration” (Oct. 4, 2007)
- “The Denunciation of the ICSID Convention” (June 26, 2007)
- “Extent of Court Review of Public Policy” (Apr. 5, 2007)
- “A Black Year for ICSID” (Mar. 1, 2007)
- “Autonomy of International Arbitration” (Dec. 14, 2006)
- “ICC Pre-Arbitral Referee: A Procedure Into Its Stride” (Oct. 5, 2006)
- “Switzerland Says Lis Pendens Not Applicable to Arbitration” (Aug. 7, 2006)
- “Amended Arbitration Rules Now in Effect for Investment Disputes” (June 1, 2006)
- “Prima Facie Review of Existence, Validity of Arbitration Agreement” (Dec. 1, 2005)
- “Treaty-Based Jurisdiction: Broad Dispute Resolution Clauses” (Oct. 6, 2005)
- “Establishing Jurisdiction Through a Most-Favored-Nation Clause” (June 2, 2005)
- “Energy Charter Treaty: International Centre for Settlement Decision” (Apr. 7, 2005)
- “The IBA Guidelines on Conflicts of Interest in International Arbitration” (June 3, 2004)
- “Arbitration-Agreement Recognition: N.Y. Convention, National Law” (Dec. 8, 2003)
- “‘KBC v. Pertamina’: Landmark Decision on Anti-Suit Injunctions” (Oct. 2, 2003)
- “The First Association of Southeast Asian Nations Agreement Award” (Aug. 7, 2003)
Selected Recent Accolades and Rankings
- Chambers Global 2008 – Public International Law (Global)
Global Group Ranking: Band 1, Global Individual Ranking: Up and Coming
The Paris office of this US firm houses an investor-state dispute practice with a stellar reputation. Its lawyers are “thorough, knowledgeable and understand commercial needs”, delivering an “excellent work product” to clients. Working alongside top international arbitration specialist and head of the Paris office Emmanuel Gaillard, Yas Banifatemi is the firm’s PIL expert. Her practice covers issues of state responsibility and immunity, boundary disputes and Law of the Sea matters. One particular area of focus is advising oil companies and states on the PIL aspects of major oil pipeline projects. Clients describe her as “excellent at what she does”, and find that she and Gaillard “work well together and complement each other”.
- Chambers Global 2008 – International Arbitration (France); Chambers Europe 2008 – Dispute Resolution: International Arbitration (France)
Individual Ranking: Up and Coming
Public international law specialist Yas Banifatemi impresses clients with her “thoroughness” and quality of work.
- Global Arbitration Review – The GAR 100 Firms – 2007 edition
Banifatemi is “experienced and excellent”, and “very hard working”. She also combines practice with a substantial speaking schedule and was recently ranked in GAR’s all-female top-30 survey.
- Chambers Global 2007 – Public International Law
Global Group Ranking: Tier 1
The group is best known for the work of its stellar Paris office, particularly in ICSID and BIT disputes. Its Singapore arm further contributes to the firm’s kudos in this respect. The group’s workload encompasses advice to major oil corporations on the implications of maritime and other boundaries for various projects, along with advising corporate entities on the implications of a State-to-State treaty for a transportation sector venture. Partner Yas Banifatemi in Paris is the firm’s leading PIL law specialist. She worked alongside head of international arbitration Emmanuel Gaillard in obtaining the first ICSID decision on interpretation, which found in favor of client Wena Hotels. The original case arose from a dispute under the UK-Egypt BIT.
Nationality
French
Iranian
x
Bar Admissions/Qualifications
Paris
Languages
French
English
Farsi
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