Yael Ribco Borman is an associate in the International Arbitration practice.
Yael has advised companies, State-owned entities and States in international arbitrations under the Rules of the ICSID, UNCITRAL, ICC and CRCICA, particularly in disputes related to oil & gas, renewable energies and infrastructure. Her experience includes investment treaty arbitrations under both bilateral and multilateral treaties, as well as commercial arbitrations. Yael has also worked alongside local counsel in setting aside proceedings before domestic courts.
International arbitrations on which Yael Ribco Borman has worked include the representation of:
- The Republic of Lithuania, 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.
- Rasia FZE and Joseph K. Borkowski, Claimants in an ICSID arbitration brought against the Republic of Armenia under the U.S.-Armenia bilateral investment treaty and two concession agreements concluded with the State (ICSID Case No. ARB/18/28). The dispute arose out of two concession agreements to develop, maintain and operate both a rail network and a high speed road network in Southern Armenia. Over $260 million was at stake.
- A leading European energy group in a UNCITRAL arbitration against the Kingdom of Spain under the Energy Charter Treaty. The dispute relates to measures taken by Spain in the renewable energy sector.
- Two Egyptian State-owned entities in a $6 billion ICC arbitration in Geneva and a $4 billion CRCICA arbitration in Cairo arising out of a long-term gas supply contract relating to the export of Egyptian gas to Israel. English law applied to both arbitrations. More than three quarters of the Claimants’ claims were dismissed for lack of jurisdiction or on the merits. We also represented the Arab Republic of Egypt, as Respondent in two investment arbitrations concerning alleged violations under the Egypt-Poland, Egypt-U.S. and the Egypt-Germany bilateral investment treaties relating to the performance of the same long-term contract for the supply of natural gas. Around $2 billion were claimed in the investment disputes. More than two thirds of the Claimants’ claims were dismissed on jurisdictional grounds and on the merits. Following these decisions, the parties reached a global settlement, under which all claims against our clients were waived without our clients being required to make any payment.
- The majority shareholders in the former Yukos Oil Company in proceedings initiated in multiple jurisdictions to seek the recognition and enforcement of the $50 billion awards rendered in the arbitrations brought by the shareholders against the Russian Federation concerning the expropriation of their investments in Yukos.
- The majority shareholders in the former Yukos Oil Company in proceedings initiated by the Russian Federation before the Dutch courts to set aside the $50 billion award rendered in the arbitrations brought by the shareholders against the Russian Federation concerning the expropriation of their investments in Yukos.
Universidad de Montevideo Law School
Universiteit van Amsterdam
LL.M. International and European Law: International Trade and Investment Law, cum laude
- Germany (as Foreign Attorney)
- Member, Global Advisory Board (GAB) of the ICDR’s Y&I (2020-23)
- Member of the Working Group for the Revision of the Rules of the Montevideo Center of Conciliation and Arbitration (Corte de Arbitraje Internacional para el Mercosur)
- Founding member and President, Latin American Arbitration Practitioners (EU)
- Founding member, Uruguay Very Young Arbitration Practitioners
- Founding member and member of the Editorial Board, Very Young Arbitration Blog
- Member, ICC Young Arbitrators Forum (YAF), Young ICCA, Young ICSID, Young Public International Law Group (YPILG), Young ITA, LCIA Young International Arbitration Group (YIAG), DIS 40
- “International Commercial Arbitration in Latin America: Recent developments and trends,” in Young Arbitration Review, Vol. 31 (2018)
- “Mining in Latin America: El Dorado or Pandora’s Pit?,” in Transnational Dispute Management, Latin America Special, Vol. 5 (2016) (co-author)
- “Treaty Shopping through Corporate Restructuring of Investments: Legitimate Corporate Planning or Abuse of Rights?,” in The Hague Yearbook of International Law, Vol. 24 (2011)
- “FTI Consulting Expert Witness Debating Series 2021, Session 1: Hot tubbing of quantum experts improves the quality and efficiency of witness testimony,” 28 January 2021 (Panelist)
- “Perfect strangers: less used mechanisms in investment arbitration,” Webinar organized by Arbanza Arbitration School, 10 November 2020 (Moderator)
- “The role of Third Party Funding in the resolution of disputes during and after the COVID-19 pandemic,” IX Costa Rica International Arbitration Congress, 23 October 2020 (Panelist)
- “Digital State? Rethinking the arbitral defense in the public sector,” webinar, Peruvian Young Arbitrators, 24 April 2020
- “How to build a career in international arbitration,” webinar, Uruguay Very Young Arbitration Practitioners, 23 April 2020
- “International arbitration in the time of COVID-19: Challenges and opportunities,” on-line, 14 April 2020 (Moderator)
- “Investment Treaty Arbitration as a Norm-Generating System in Latin America,” Latin American Arbitration Practitioners, London, England, 31 October 2019 (Moderator)
- “Enforcement of International Commercial and Investment Awards,” II Conference of the Network of Latin American Young Arbitration Lawyers (Red Latinoamericana de Jóvenes en Arbitraje), Lima, Peru, 14-16 August 2019
- “Cyber Security and Data protection in the Resolution of Transatlantic Disputes,” Y-ADR – DIS40 Seminar, Frankfurt, Germany, 6 March 2019 (Moderator)
- “The Post-Hearing Phase in Arbitral Proceedings,” DIS40, Frankfurt, Germany, 27 November 2018
- “Young Practitioners and the Future of International Investment Law,” Investment Arbitration in Colombia: Challenges for the Country and Region, Bogotá, Colombia, 21-22 March 2018
Prior to joining Shearman & Sterling, Yael worked as an associate in a Uruguayan law firm.