Prof Emmanuel Gaillard
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- Work +33 1 53 89 70 00
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- Web:
- www.shearman.com/
Work Department
International Arbitration
Position
Global Head of Disputes
Career
Emmanuel Gaillard founded and heads Shearman & Sterling’s 100-lawyer International Arbitration practice.
He has advised and represented corporations, States and State-owned entities in international arbitration cases for over 25 years. He has also acted as sole arbitrator, party-appointed arbitrator or Chairman under most international arbitration rules and is frequently called upon to appear as expert witness on arbitration law issues in international arbitration proceedings or enforcement actions before domestic courts.
Over the course of his career, Emmanuel Gaillard has acted on many of the largest international disputes submitted to arbitration. In addition to the USD 50 billion award secured for the majority shareholders of the former Yukos Oil Company, he acted on the ICC arbitration brought by The Dow Chemical Company against Petrochemical Industries Company of Kuwait, which led to a USD 2.47 billion award in favor of Dow, previously distinguished as the largest arbitral award rendered in the history of international arbitration.
A Professor of Law in France currently acting as a Visiting Professor of Law at Yale Law School, Emmanuel Gaillard has written extensively on all aspects of arbitration law, in French and in English. Co-author of a leading treatise in the field (Fouchard Gaillard Goldman On International Commercial Arbitration), he also authored the first published essay on the legal theory of international arbitration.
Languages
French and English
Member
- Member, appointed by France, ICSID Panel of Arbitrators (2006–18)
- President and co-founder, International Academy for Arbitration Law (2011–13)
- Chair, International Arbitration Institute (IAI)
- Member, Editorial Advisory Board, ICSID Review – Foreign Investment Law Journal
- Member, International Council for Commercial Arbitration (ICCA)
- Chairman, International Arbitration Committee, International Law Association (1989–96)
- Member, Comité Français de l’Arbitrage (CFA), Comité Français de Droit International Privé, Swiss Arbitration Association (ASA)
- Member, London Court of International Arbitration (LCIA); former Court member (2002-2007)
- Advisory Board Member, Institute for Transnational Arbitration (ITA)
- Member, Board of Trustees of the Foundation for International Arbitration Advocacy
- Member, SIAC Court of Arbitration
Education
- Agrégé des Facultés de droit
- Panthéon-Assas University (Paris II), PhD
Algeria
Foreign firms
Within: Foreign firms
Shearman & Sterling LLP’s expertise includes international arbitration, M&A, public international law and project finance, and its clients are typically drawn from the energy and natural resources, construction, infrastructure and telecoms industries. Emmanuel Gaillard, Yas Banifatemi and Coralie Darrigade have been acting for the People’s Democratic Republic of Algeria in an arbitration initiated by EIIC and Société des Parcs d’Alger related to a contract for the development of a park project. Another highlight has been advising Sonatrach in an ICC arbitration initiated by Saipem, concerning an agreement for the construction of an oil and gas facility in North Africa. Maude Lebois and Benjamin Siino are also recommended.
France
Dispute resolution: International arbitration
Within: Dispute resolution: International arbitration
Shearman & Sterling LLP was recently instructed to act in a series of investment and commercial arbitrations for both new and long-established clients, including states and French and international corporations. The 50-lawyer practice remains highly active in high-profile oil and gas, construction and energy matters in relation with North Africa. It is also increasingly visible in cases involving Sub-Saharan Africa, notably on concession issues, and is representing Eastern European states in several matters. Finally, the practice is also dealing with disputes involving the European renewables market and is advising on several matters involving Chinese and Asian parties. Recent highlights include representing Egypt in two long‐term investment arbitrations relating to gas supply agreements dealing with the export of Egyptian gas to Israel, and Sonatrach in an ICC arbitration brought by Saipem regarding the construction of gas liquefaction facilities. The firm also successfully acted for Croatia in an ICSID arbitration with an Austrian party regarding a food products enterprise, and Lithuania in an ICSID arbitration initiated by Veolia Environnement relating to district heating and power generation. Algeria, Ukraine and Areva are clients. The practice is headed at the global level by the very highly regarded Emmanuel Gaillard. Yas Banifatemi is global head of the firm’s public international law practice. Coralie Darrigade, Maude Lebois, Mohamed Shelbaya and Jennifer Younan are all up-and-coming members of the team. The Paris hub recently welcomed Jeremy Sharpe from the London office, while newly promoted partner Daniel Reich joined the New York office. Counsel Benjamin Siino also deserves a mention for his expertise in award enforcement procedures.