Emmanuel Jacomy is a partner in the International Arbitration practice, based in Beijing and Singapore.

Emmanuel has extensive experience advising and representing companies, State-owned entities and governments in international commercial and investment treaty arbitrations under all major arbitration rules (including ICSID, ICC, HKIAC, LCIA, SIAC and UNCITRAL), with focus on investment, oil & gas, energy and mining disputes, as well as disputes having a Chinese and African nexus. He is an Adjunct Professor at the University of International Business and Economics (UIBE) and a Visiting Professor at Tsinghua University in Beijing. He also acts as an arbitrator.

Clients and peers have described Emmanuel as being “an extremely bright lawyer”, “exceptional and extremely talented”, “extremely smart and diligent”, “an outstanding debater” and “one of the brightest arbitration practitioners of his generation”. Clients also praise Emmanuel for being “the best foreign lawyer […] in China”, “attentive to the needs of Chinese clients”, who “responds quickly to clients’ problems, analyses rigorously” and whose “expertise in investment treaty arbitration and public international law background are highly regarded”. Emmanuel is featured in Chambers, Legal 500 as well as in Who’s Who Legal: Arbitration.

Emmanuel was appointed to the Expert Advisory Committee of the International Institute for Dispute Settlement Prevention (IIDPS), jointly established by the China Council for the Promotion of International Trade (CCPIT) and the Beijing Institute of Technology (BIT). He speaks English, French and Mandarin Chinese.

RECENT EXPERIENCE AS COUNSEL INCLUDES:

Construction projects

• Representing an international joint venture in an ICC arbitration in Paris brought by a European contractor. The dispute concerns the construction of a gas processing facility in Africa. The law of the country of the project applies.
• Advising the Employer in a dispute arising from the development of a floating solar power plant in Indonesia. The dispute is subject to ICC arbitration and the contracts are governed by Indonesian and English law.
• Advising an international consortium in a dispute arising in connection with the development of a power project in Indonesia. The relevant agreements are subject to SIAC arbitration in Singapore. English law and Indonesian law govern.
• Representing an international joint venture in an ICC emergency arbitration in Paris brought by a European contractor in relation to the construction of a gas processing facility in Africa. The law of the Respondent’s State applied.
• Representing an international joint venture and two of its shareholders in an ICC arbitration in Paris brought by a Middle Eastern contractor. The dispute concerns the construction of living quarters for a gas processing facility in Africa, including claims of force majeure in the context of the COVID-19 pandemic. The law of the country of the project applies.
• Representing an international joint venture in an ICC emergency arbitration in Paris brought by a Middle Eastern contractor in relation to force majeure claims arising from the construction of living quarters for a gas processing facility in Africa. The law of the Respondent’s State applied.
• Representing an Asian State-owned entity and its subsidiaries in a UNCITRAL arbitration in Stockholm against a State-owned entity in a Central Asian State. The dispute arose from an agreement for the construction of a petrochemical plant on a turnkey (EPC) basis. The amount at stake exceeded USD 200 million.
• Representing Sonatrach, Respondent in an ICC arbitration in Paris brought by Saipem SpA and Saipem Contracting Algérie SpA. The dispute arose from the performance of an EPC contract related to the construction of a GPL pipeline. The Respondent was further seeking the reimbursement of certain sums following a breach of contract by Claimant. The law of the Respondent’s State applied.
• Representing a Central Asian conglomerate in a dispute subject to HKIAC arbitration against a European construction contractor. The dispute arose from an agreement for the construction of a hotel in Central Asia. The law of our client’s State applied.
• Advising a major Asian energy company on force majeure claims brought in connection with a project in Pakistan. The claims arose from restrictions imposed on the project by the government of Pakistan. The contracts were governed by Pakistani law.
• Representing Sonatrach in a UNCITRAL arbitration in Geneva against Repsol and Gas Natural. The dispute arose from delays in the completion 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 was Algerian law and the proceedings were conducted in French.

Energy / Oil & Gas

• Representing a Pakistani Independent Power Producer (IPP) in an ICC arbitration in Singapore against a Pakistani State-owned entity. The dispute arose from Power Purchase Agreements and was governed by English law.
• Representing the subsidiary of an Asian State-owned company in the energy sector, Respondent in two parallel ICC arbitrations in Singapore initiated by its Asian co-shareholder and its parent company. The dispute arose from two agreements relating to the development of an oil storage facility and related port facilities in Asia. English law and the law of the Claimants’ State applied.
• Representing an African State-owned energy producer in a dispute with a foreign partner arising from an exploration and production agreement. The dispute was in relation to the adoption by the African State of new tax legislation (windfall profit tax) as well as in relation to the determination of parties’ share in a joint oil reserve (unitization).
• Representing two Independent Power Producers (IPPs) in a Central Asian State, Claimants in an ICC arbitration in Singapore against a State-owned entity of that State. The dispute arose from Power Purchase Agreements and was governed by English law.
• Representing nine Pakistani Independent Power Producers (IPPs), Claimants in an LCIA arbitration in London against a Pakistan State-owned entity. The dispute arose out the non-payment of certain amounts under Power Purchase Agreements concluded between the IPPS and the State-owned entity. Pakistani law applied.
• Representing Sonatrach, Respondent in an ICC arbitration in Geneva initiated by Total Algérie SAS and Repsol Exploración Argelia. The dispute was in relation to the interpretation of contractual provisions of a production sharing agreement regarding windfall profit tax and alleged tax stabilization provisions. Over USD 400 million was at stake. Algerian law applied.
• Representing an African energy company, Claimant in an ICC arbitration in Geneva brought against the African subsidiary of a European energy company and a European holding company. The dispute arose from an exploration and production agreement related to an oil field. The law of the Claimant’s State applied.
• Representing an African energy company, Respondent in an ICC arbitration in Geneva initiated by three foreign partners in relation to the performance of a production-sharing agreement. The law of the Respondent’s State applied.

Investment Treaty Arbitrations

• Representing Huawei Technologies Co., Ltd., Claimant in an ICSID arbitration against the Kingdom of Sweden (ICSID Case No. ARB/22/2). The dispute relates to Sweden’s ban of Huawei’s equipment from 5G infrastructures in Sweden and the claims are brought under the China-Sweden bilateral investment treaty.
• Representing the People’s Republic of China in an ICSID arbitration brought by Hela Schwarz GmbH (ICSID Case No. ARB/17/19). The claims are brought under the China-Germany bilateral investment treaty.
• Representing Cairn Energy PLC in a UNCITRAL arbitration against the Republic of India. The claims were brought under the UK-India bilateral investment treaty. The dispute related to retrospective tax measures adopted by the Indian Government. Over USD 5.5 billion was at stake.
• Representing the majority shareholders in the former Yukos Oil Company, Claimants in a series of three UNCITRAL arbitrations in The Hague against the Russian Federation in relation to the expropriation of their investment in the company. The claims were brought under the Energy Charter Treaty. The Tribunal ordered the Russian Federation to pay over USD 50 billion in damages to our clients, the largest award ever rendered by an arbitral tribunal. The Tribunal also ordered the Respondent to reimburse to our clients 75% of the legal fees they had incurred in these proceedings, as well as 100% of the arbitration costs.
• Representing Electricité de France (EDF), Claimant in a UNCITRAL arbitration against the Republic of Hungary. The dispute arose from termination of the Power Purchase Agreements put in place during the privatisation of the electricity sector. The claims were brought under the Energy Charter Treaty and the arbitration was conducted in accordance with UNCITRAL Rules.

Other Commercial Disputes

• Representing a U.S. technology company and its European subsidiary, Claimants in a HKIAC arbitration in Hong Kong against a Chinese technology  company. The dispute arises from the breach of a software license and maintenance agreement. The law of California applies. Over USD 1 billion is at stake.
• Representing a North American subsidiary of EDF, a major European energy company, in an ICC arbitration in New York initiated by North American energy company Exelon Generation Company LLC. The dispute related to the valuation of nuclear power plants in the U.S. currently owned jointly by EDF and Exelon and arose from the implementation of a put-option agreement between the parties. New York law applied.
• Representing a prominent French global fashion label, Claimant in an ad hoc arbitration in Singapore against an Asian textile company. The dispute arose in connection with trademark registrations in breach of an agreement between the parties and misrepresentations by the Respondent in a great number of national trademark proceedings.
• Representing a NASDAQ-listed company and a South East Asian company, Respondents in a SIAC arbitration in Singapore. The dispute arose in connection with a Share Purchase Agreement governed by Mauritius law.

Advisory work

• Advising Erdenes Oyu Tolgoi LLC, a Mongolian State-owned company, in complex negotiations with global mining company Rio Tinto with regard to the massive Oyu Tolgoi mining project in Mongolia.Oyu Tolgoi is one of the world's largest copper-gold mines, located in the South Gobi region of Mongolia. The project, once fully operational, is expected to account for approximately 40% of Mongolia’s gross domestic product.

RECENT EXPERIENCE AS ARBITRATOR INCLUDES:

• Co-arbitrator in a BIAC arbitration in Beijing between a Chinese entity and a French entity, in relation to an automotive distributorship agreement. PRC law applies.
• Sole arbitrator in a SIAC arbitration in Singapore between a Singapore entity and a Chinese entity in relation to an agreement for the sale of timber. Singapore law applies.
• Co-arbitrator in an ICC arbitration in Paris between a Chinese entity and an African entity in relation to the construction of a steel complex. Algerian law applies.
• Co-arbitrator in a UNCITRAL arbitration in Switzerland between a Chinese entity and an entity of a Central European State in relation to an oil & gas contract. Swiss law applies.
• Sole arbitrator in a HKIAC arbitration in Hong Kong between a Chinese entity and a European entity in relation to the sale of milling machines. PRC law applied.
• Sole arbitrator a HKIAC arbitration between a Japanese entity and a Chinese entity in relation to an agreement to develop and manufacture technology components. PRC law applied.
• Sole arbitrator in a HKIAC arbitration in Hong Kong between a Chinese entity and an entity of an African State in relation to the sale of oil & gas equipment. PRC law applied.
• Sole arbitrator in an ad-hoc arbitration in Singapore between a Singapore entity and a Chinese national in relation to an employment agreement. Singapore law applies.

Professional Affiliations

• Chair, IBA Committee on Guidelines and Rules
• Chair, IBA Taskforce on Privilege in International Arbitration
• Member, Expert Advisory Committee, China Council for the Promotion of International Trade (CCPIT) International Institute for Dispute Prevention and Settlement (IIDPS)
• Adjunct Professor, University of International Business and Economics (Beijing)
• Visiting lecturer at the National University of Singapore (NUS) and Tsinghua University (Beijing)
• Member, ICCA-Tsinghua University Working Group on Chinese Arbitration Practice
• Co-Chair, Young Arbitration Practitioners (YAP)
• Member of the CIETAC, HKIAC, SHIAC and CAA panels of arbitrators
• Member, International Arbitration Institute (IAI)
• Member, ICC Young Arbitrators’ Forum (YAF)
• Member, LCIA Young International Arbitration Group (YIAG)
• Member, Young Singapore International Arbitration Centre (YSIAC)
• President, Justice for Cambodia

 Speaking Engagements

• “Stranded assets and disputes,” Paris Arbitration Week, 29 March 2022
• Singapore International Chamber of Commerce (SICC) - Board Focus Series: Environmental Risks and Responsibilities, 12 January 2022
• “Does International Arbitration Need International Rules of Arbitration?”, China Academy of Social Science (CASS), International Symposium on the 20^th Anniversary of China’s Accession to the WTO and the Rule of Law, Beijing, 9 December 2021
• GAR Live Symposium, Beijing, 17 September 2021
• “Should there be a standard for privilege in international arbitration (the new IBA taskforce on privilege),” China Arbitration Summit, Beijing, 14 September 2021
• “Mainland China and Investment Arbitration,” HKIAC Chinese Arbitration Insights Webinar Series, 16 June 2021
• “Disputes in the China–Pakistan Economic Corridor and Effective Methods for Their Resolution,” International Arbitration in Pakistan: Opportunities for the Next Generation, Joint CIICA (Center for International Investment & Commercial Arbitration) and YAG (Young Arbitration Group) event, Islamabad, 15–16 November 2019
• “China-Africa Route of International Arbitration Cooperation,” Shanghai International Arbitration Summit, SHIAC, event, Shanghai, 8 November 2019
• “High-Level Forum on International Dispute Prevention and Resolution,” 2^nd China International Import Expo (CIIE) Legal Forum, Shanghai, 6 November 2019
• “The Investment Arbitration Year in Review: Awards and the Upheaval in Treaty Arbitration,” International Bar Association annual conference, Seoul, September 2019
• “The talent puzzle: Filling the gaps through inclusion,” Women’s Forum, Singapore, September 2019
• “Environmental Clauses in Chinese Bilateral Investment Treaties,” 6^th Franco-Chinese Symposium on Law and Justice (“Rencontres Franco-Chinoises du Droit et de la Justice”), Beijing, September 2019
• “The Permanent Investment Court System is the Solution to the Concerns Over ISDS,” Asian Academy of International Law ISDS Reform Conference, Hong Kong, February 2019
• “The New York Convention Guide,” Joint University of International Business and Economics (UIBE) / United Nations Commission on International Trade Law (UNCITRAL) / China Council for the Promotion of International (CCPIT) event, sponsored by the Department of Legal Affairs of the China Council for the Promotion of International Trade and the China Academy of Arbitration Law, Celebrating the 60^th Anniversary of the New York Convention, Beijing, November 2018
• “Arbitral Awards Annulled on Grounds Relating to the Conduct of the Arbitral Process: The Case of China,” IBA Annual Conference, October 2018
• “Ethics in Investment Arbitration,” BIICL Investment Treaty Forum in association with the Graduate School of International Development of Nagoya University, Ethics and the Rule of Law in Investment Arbitration, Tokyo, June 2018
• “Interim Measures in Investment Arbitration,” Joint CIETAC / SCC Conference, Shenzhen and Chengdu, April 2018
• “Development and prospect of Investor-State arbitration,” 2018 Asia-Pacific International Arbitration Forum (SHIAC / UNCITRAL), Shanghai, March 2018
• “A Rising Frontier: Remedies and Arbitration under Mongolia’s Investment Treaties,” Joint HKIAC / Shearman & Sterling Arbitration Summit, Ulaanbaatar, November 2017
• “Parallel proceedings in international commercial and investment arbitrations,” 2^nd UNCITRAL Asia Pacific Judicial Summit, Hong Kong, October 2017
• “Investment in ‘Belt and Road’ Countries under First Generation Treaties – A Bumpy Road,” China Arbitration Summit, Beijing, September 2017
• “Towards a Fifth Generation of Chinese BITs?,” BAC-BIAC 2017 Summit on Commercial Dispute Resolution in China, Zurich, June 2017
• “The Investment Court system and enforcement of awards,” Asia FDI Forum III, Hong Kong, May 2017
• “Drafting arbitration agreements,” Young ICCA Beijing event, Beijing, April 2017

Recent Accolades

• A client enthuses: “He is exceptional and extremely talented; he is the best foreign lawyer I have met in China and I personally learnt a lot from him as well.” – Chambers Greater China Region 2022
• “Emmanuel Jacomy’s professional ability in international investment arbitration is very outstanding, and he is highly respected by state-owned enterprises, government departments, scholars and cooperating Chinese lawyers in mainland China. He responds quickly to clients’ problems, analyzes rigorously, and is good at dealing with Chinese witnesses and lawyers. When dealing with expert witnesses, it can be seen that the Chinese clients are very relieved to entrust complicated cases to him.” – The Legal 500 Asia-Pacific 2022
• “Emmanuel Jacomy (based in Beijing and Singapore) is very experienced and hardworking. Emmanuel speaks great Mandarin and is absolutely delightful to work with.” – The Legal 500 Asia-Pacific 2022
• “Emmanuel Jacomy is an outstanding debater, expert in his field in including China foreign-related disputes.”– The Legal 500 Asia-Pacific 2022
• “An extremely smart and diligent practitioner”, “He takes a detail-oriented and commercial approach to arbitration.” – Who’s Who Legal: Arbitration Future Leaders – Partners 2022
• He wins praise from a client for having “accumulated enormous first-hand experience international arbitration, with a focus on China-related matters in recent years.” The client adds: “He is a very sociable person, speaking fluent Chinese besides English and French, and is extremely professional and efficient in his work.” – Chambers Global and Asia-Pacific 2021
• “He is extremely bright and very thorough”, “When Emmanuel works on a subject, he knows it from A to Z - he is very smart.” – Who’s Who Legal: Arbitration Future Leaders – Partners 2021
• Emmanuel Jacomy rises in the rankings after receiving increased recognition from market sources, who report that he has a “noticeable presence in China, and has garnered more attention around his Beijing-based practice.” He represents a diverse clientele in proceedings related to contractual disputes and energy and infrastructure projects across the Asia-Pacific region and Africa. One client appreciates: “He is very smart and experienced in dispute resolution and very funny, which makes meetings and calls easier.” – Chambers Global and Asia-Pacific 2020
• Emmanuel Jacomy is “‘very creative and always strives to find the best arguments’, ‘speaks very good Chinese’, ‘has financial background to deal with the quantum issues’ and ‘his expertise in investment treaty arbitration and his public international law background is highly regarded’.” – The Legal 500 Asia-Pacific 2020
• Emmanuel Jacomy is “an extremely bright lawyer” who stands out for his “thorough approach” to arbitration proceedings. One source says, “When he works on a subject, he knows it from A-Z.” – Who’s Who Legal: Arbitration Future Leaders – Partners 2020

Other

He 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.