Emmanuel Jacomy is a partner in the International Arbitration practice.
Emmanuel has advised and represented companies and State-owned entities in international commercial and investment treaty arbitrations under most major arbitration rules, with particular focus on investment, oil & gas, energy, mining and intellectual property disputes, as well as disputes having an Asian or African nexus. He has also represented clients in litigation before French courts.
- Two Independent Power Producers (IPPs) in a Central Asian State in a dispute, subject to ICC arbitration in Singapore, against a State-owned entity of that State. The dispute arises from Power Purchase Agreements and is governed by English law.
- Cairn Energy PLC in a UNCITRAL arbitration against the Republic of India. The claims are brought under the UK-India bilateral investment treaty. The dispute relates to retrospective tax measures adopted by the Indian Government. Over $5.5 billion is at stake.
- Nine Asian Independent Power Producers (IPPs) as Claimants in an LCIA arbitration seated in London against a State-owned entity. The dispute arose out the non-payment of certain amounts under Power Purchase Agreements concluded between the IPPS and a State-owned entity. The law of the Respondent’s State applied. The Tribunal awarded over $100 million to our clients.
- The subsidiary of an Asian State-owned company in the energy sector as Respondent in two parallel ICC arbitrations in Singapore initiated by its Asian co-shareholder and its parent company. The dispute arises 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 apply.
- A Central Asian conglomerate in a dispute subject to HKIAC arbitration against a European construction contractor. The dispute arises from an agreement for the construction of a hotel in Central Asia. The law of our client’s State applies.
- An Asian State-owned entity and its subsidiaries as lead counsel in a dispute subject to UNCITRAL arbitration in Stockholm against a State-owned entity in a Central Asian State. The dispute arises from an agreement for the construction of a plant on a turnkey (EPC) basis. The amount at stake exceeds $200 million.
- Sonatrach as 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 an LPG pipeline. The Respondent was further seeking the reimbursement of certain sums following a breach of contract by Claimants. Algerian law applied.
- An African State-owned energy producer in a dispute with a foreign partner arising from an exploration and production agreement. The dispute is 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).
- An African energy company as 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.
- Sonatrach as 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 $400 million was at stake. Algerian law applied.
- An African energy company as 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.
- Sonatrach as Respondent in an ICC arbitration in Geneva initiated by three energy companies. The dispute concerned the performance of a production sharing agreement and the implementation of a windfall profit tax. Algerian law applied.
- 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, the Arbitral Tribunal decided that it had jurisdiction over the dispute and that the claims were admissible. In its Final Award, the Arbitral Tribunal ordered the Russian Federation to pay over $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.
- Electricité de France (EDF) as 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 privatization of the electricity sector. The claims were brought under the Energy Charter Treaty and the arbitration was conducted in accordance with UNCITRAL Rules.
- A prominent French global fashion label as 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.
- 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.
- Advised 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.
Panthéon-Sorbonne University (Paris I)
Master (D.E.A.) of International Economic Law (Hons.)
HEC School of Management
Master of Science in Management (First Class Hons.)
- Solicitor, England and Wales
- Phnom Penh
- Adjunct Professor, University of International Business and Economics (Beijing)
- Member, ICCA-Tsinghua University Working Group on Chinese Arbitration Practice
- Co-Chair, Young Arbitration Practitioners (YAP)
- 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
- “The Permanent Investment Court System is the Solution to the Concerns Over ISDS,” at the Asian Academy of International Law ISDS Reform Conference, Hong Kong, February 2019
- “The New York Convention Guide,” at the Joint conference of the University of International Business and Economics (UIBE) in collaboration with the United Nations Commission on International Trade Law (UNCITRAL) and the China Council for the Promotion of International (CCPIT), 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 60th 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,” at the IBA Annual Conference, October 2018
- “Ethics in Investment Arbitration,” at the 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,” at the joint CIETAC/SCC Conference, Shenzhen and Chengdu, April 2018
- “Development and prospect of Investor-State arbitration,” at the 2018 Asia-Pacific International Arbitration Forum (SHIAC/UNCITRAL), Shanghai, March 2018
- “A Rising Frontier: Remedies and Arbitration under Mongolia’s Investment Treaties,” at the HKIAC / Shearman & Sterling Arbitration Summit, Ulaanbaatar, November 2017
- “Parallel proceedings in international commercial and investment arbitrations,” at the 2nd UNCITRAL Asia Pacific Judicial Summit, Hong Kong, October 2017
- “Investment in ‘Belt and Road’ Countries under First Generation Treaties – A Bumpy Road,” at the China Arbitration Summit, Beijing, September 2017
- “Towards a Fifth Generation of Chinese BITs?,” at the BAC-BIAC 2017 Summit on Commercial Dispute Resolution in China, Zurich, June 2017
- “The Investment Court system and enforcement of awards,” at the Asia FDI Forum III, Hong Kong, May 2017
- “Drafting arbitration agreements,” at the Young ICCA Beijing event, Beijing, April 2017
Awards & Accolades
- Emmanuel is a visiting lecturer at the National University of Singapore (NUS) and National Taiwan University (NTU). He also regularly appears as a speaker on issues of investment arbitration and international commercial arbitration.
- 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.