Elise Edson is counsel in the International Arbitration and Public International Law practices. She is also a member of the Firm’s Environmental, Social & Governance (ESG), Energy Innovation, and Global Sanctions teams.

Elise has over a decade of experience representing and advising individuals, companies and governments in international commercial and investment arbitrations under all major arbitration rules. Her experience covers a range of industries and sectors, with a focus on energy (oil & gas, power, nuclear, and renewables), and mining & metals. Elise has particular expertise in disputes with a Russian nexus. She notably acted for the majority shareholders of the Yukos Oil Company in proceedings against Russia under the Energy Charter Treaty, which resulted in a $50 billion arbitral award for the Firm’s clients—the largest arbitral award on record. Elise also regularly advises on international investment protection matters, as well as issues arising out of sanctions.

Elise additionally specialises in public international law, international human rights law, and business & human rights. She is co-lead of the Shearman & Sterling team collaborating with UK charity Human Rights at Sea on the Human Rights at Sea Arbitration project, which seeks to develop a system for the arbitration of complaints concerning human rights abuses at sea. Elise has also acted pro bono for clients in preparing submissions to international human rights bodies, and applications for refugee status and resettlement under the 1951 Refugee Convention.

Elise is featured in the inaugural Legal 500 Arbitration Powerlist 2023: France, which highlights the leading practitioners working in the country. She is also recognised in Who’s Who Legal: Arbitration – Future Leaders 2023, and in The Best Lawyers in France since 2023 for Public International Law.

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, and corporate investigations. Elise also clerked for the Hon. A. Besanko, Justice of the Federal Court of Australia, interned with the United Nations High Commissioner for Refugees in Kathmandu, Nepal, was a research assistant to a member of the International Law Commission in Geneva, Switzerland, and taught the subjects of Public International Law, Constitutional Law and Administrative Law at two Australian law schools.

• A large energy multinational in respect of potential arbitration claims, including under different bilateral and multilateral investment treaties, in connection with oil and gas assets in Central Asia.
• A Turkish industrial company regarding the application to the company’s worldwide operations of EU sanctions imposed in the context of the Russian invasion of Ukraine.
• A Turkish construction company with respect to potential investment arbitration claims under the Turkey-Turkmenistan bilateral investment treaty, and parallel claims before the Turkmen local courts.
• A large energy multinational in a complex construction dispute worth over $1 billion with a contractor in connection with a megaproject for an oil and gas facility in Central Asia. The dispute includes issues of delay and defects. English law applies.
• Ukraine, Respondent in an SCC arbitration in Stockholm brought by VEB.RF, the Russian State Development Agency. The dispute relates to sanctions and other measures allegedly targeting Russian banks in Ukraine after 2014. The claims are brought under the Ukraine-Russia bilateral investment treaty.
• Ukraine, Respondent in an ICSID arbitration initiated by Emergofin B.V. and Velbay Holdings Ltd. under the Netherlands-Ukraine bilateral investment treaty (ICSID Case No. ARB/16/35). The dispute relates to measures allegedly targeting an aluminum and alumina production company, including sanctions issued against the Claimants and their ultimate Russian owner, and electricity pricing measures taken in the context of Ukraine’s transition to a liberalized electricity market.
• Two subsidiaries of a North American mining & metals company in seven LCIA arbitrations in London against a European trading firm. The dispute relates to the performance of various contracts for the sale and purchase of metal concentrates. English law and Swiss law applies.
• A Middle Eastern businessperson in an ICC arbitration in Geneva related to the dissolution of a long-standing family partnership. The law of a Gulf State and Swiss law applied. Billions of dollars were at stake.
• The Republic of Lithuania, 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 €1.54 billion.
• The Republic of Lithuania, Respondent in an UNCITRAL arbitration 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 Russia-Lithuania BIT.
• 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 $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. Elise also represented our clients in proceedings initiated in multiple jurisdictions in relation to the setting aside and recognition and enforcement of the awards.
• A French-German consortium in an ICC arbitration in Stockholm against a Finnish utility company. The dispute arose from an agreement for the construction of a nuclear power plant in Finland. Finnish law governed. Over €6.1 billion was at stake.
• 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 Affiliations

• Member, ICC Australia
• Member, Arbitral Women
• Member, British Institute of International & Comparative Law (BIICL) 
• 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

• “Updated OECD Guidelines for Multinational Enterprises: implications for corporate disclosure and due diligence,” International Bar Association Business Human Rights Committee eBulletin, October 2023
• “English High Court Rejects Climate Case Against Energy Company Board,” Harvard Law School Forum on Corporate Governance, July 2023
• “Key Takeaways From EU Proposal For Greenwashing Rules,” Law360, May 2023
• “Personal Liability of Directors for Climate Strategy: Landmark Case Against Energy Company Board,” Columbia Law School Blue Sky Blog, March 2023
• “Hydrogen: risks, opportunities and potential disputes,” Global Arbitration Review, November 2021
• “A new initiative for the arbitration of human rights abuses at sea,” International Bar Association Arbitration Committee Newsletter, June 2021
• “Jurisdiction of the Centre – Article 25(1),” in The ICSID Convention, Regulations and Rules – A Practical Commentary 102 (J. Fouret, R. Gerbay, G.M. Alvarez eds., Edward Elgar Publishing, 2019) (co-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)

Speaking Engagements

• “When government and social goals meet the reality of construction contracting,” IBA Annual Conference, Paris, 30 October 2023
• “The global polycrisis and political risk insurance,” Paris Arbitration Week, Paris, 28 March 2023
• “Arbitration as a means of effective remedy for human rights abuses at sea,” Webinar, 9 July 2023
• “Enforcement of arbitral awards in the time of sanctions,” ICCYAF: Arbitrating East-West Disputes in the Time of Sanctions, Helsinki, 7 April 2016