Elise Edson is a senior associate in Shearman & Sterling’s International Arbitration practice.  She represents States and companies in international arbitrations under the auspices of the ICC, SCC and ICSID, as well as in proceedings conducted in accordance with the UNCITRAL Rules, with a focus on investment disputes as well as arbitrations related to the energy sector in Eastern Europe.

Prior to joining Shearman & Sterling, Elise practiced as an associate in the litigation group of an Australian firm, representing parties in complex commercial, corporate governance and national and cross-border bankruptcy disputes. She also clerked for the Hon. Anthony Besanko, Justice of the Federal Court of Australia.

Recent or pending international arbitration matters on which Elise Edson has worked include the representation of:

• The Republic of Lithuania as Claimant in an SCC arbitration in Stockholm against Russian State-owned company Gazprom in relation to Gazprom’s obligations to supply gas based on fair prices under the Share Sale and Purchase Agreement between Lithuania and Gazprom as well as Gazprom’s breaches of its obligations under the Shareholders’ Agreement, resulting in overpayments in excess of EUR 1.54 billion.
• The Republic of Lithuania as Respondent in arbitration proceedings commenced by Russian State-owned gas company Gazprom in relation to Lithuania’s unbundling of gas transmission from gas production and supply in the Lithuanian gas distribution company Lietuvos Dujos, in compliance with the EU Third Energy Package and in particular Directive (EC) 2009/73. The proceedings were brought under the 1999 Russia-Lithuania BIT and were conducted under the UNCITRAL Arbitration Rules.
• The majority shareholders in the 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 were brought under the Energy Charter Treaty, a multilateral treaty governing trade and investment in the energy sector. The arbitrations were conducted in accordance with the UNCITRAL Arbitration Rules and were administered by the Permanent Court of Arbitration (PCA) in The Hague. In an Interim Award of November 20, 2009, the Arbitral Tribunal decided that it had jurisdiction over the dispute and that the claims were admissible. In a Final Award rendered on July 18, 2014, the Arbitral Tribunal ordered the Russian Federation to pay over USD 50 billion in damages to our clients, which makes this the largest arbitral 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.
• A European contractor, Respondent in an ICC arbitration in Paris regarding the construction of a chemical industrial facility in a Latin American country. The dispute related to claims for extensions of time and additional payment. The Respondent had counterclaimed, seeking damages in respect of deficient and untimely construction works performed by the Claimant. The law of the Latin American country applied. 

Professional Activities

• Part-time lecturer and tutor, Public International Law and Constitutional Law, The University of Adelaide Law School, 2007–09
• Part-time lecturer and tutor, Administrative Law and Constitutional Law, University of South Australia Law School, 2008–09
• Research Assistant, New York Convention Guide Project (www.newyorkconvention1958.org)

Publications

• Author, “Section 51(xxix) of the Australian Constitution and ‘Matters of International Concern’: Is There Anything to Be Concerned about?,” 29 ADELAIDE LAW REVIEW 269 (2008)