主讲人：Prof. E. Gaillard & Prof. Banifatem
题目：Investment Treaty Arbitration: Treaty law in Constant Evolution
Professor Emmanuel Gaillard：
Professor Emmanuel Gaillard founded and heads Shearman & Sterling’s 100-lawyer International Arbitration practice. He is also Global Head of the Firm’s Disputes Unit.
He advises and represents companies, States and State-owned entities in commercial and investment treaty arbitrations and is universally regarded as a leading authority and a star practitioner in both these fields. He also acts as arbitrator and expert witness.
Over the course of his career, Professor Emmanuel Gaillard has acted on many of the largest international disputes submitted to arbitration. In addition to the $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 $2.47 billion award in favor of Dow, previously distinguished as the largest arbitral award rendered in the history of international arbitration.
Professional directories and publications have noted Professor Emmanuel Gaillard’s “tremendous reputation in the market as a leading arbitration expert,” “standout reputation,” “incredible wealth of knowledge and experience” and “fantastic record in the field.” He is “lauded as an outstanding personality in the arbitration community and is praised for his understanding of multiple perspectives to a case” and “universally recognised as one of the stars of international arbitration.” Who’s Who Legal: Commercial Arbitration 2018 comments that he is “absolutely outstanding” and “a real star in the field.” A previous edition of the same guide had stated that “There is no one in this profession better or even equally formidable. He eclipses everyone.”
A Professor of Law in France and a Visiting Professor of Law at Yale Law School and Harvard Law School, he 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 authored the first published essay on the legal theory of international arbitration. The volume, originally published in French (Aspects Philosophiques du droit de l’arbitrage international), was subsequently published in English (Legal Theory of International Arbitration), as well as in Arabic, Chinese, Spanish and other languages. He co-authored the UNCITRAL Secretariat Guide on the New York Convention, published in five official languages of the United Nations.
Professor Gaillard also served as member of the ICSID Panel of Arbitrators, appointed by France (2006–2018). He chairs the International Arbitration Institute (IAI) and was the first President and one of the co-founders of the International Academy for Arbitration Law (AIDA).
Yas Banifatemi is a partner and Co-Head of Shearman & Sterling’s International Arbitration practice. She also leads the firm’s Public International Law practice, and co-heads the firm’s Energy practice.
She is widely recognized as one of the most prominent international arbitration and public international law specialists worldwide. She advises and represents States, State-owned entities and companies on both public international law and international arbitration issues. She acts as both counsel and arbitrator in arbitrations conducted pursuant to the ICSID, UNCITRAL, ICC, LCIA, SCC, CRCICA, DIS and Swiss Arbitration Rules, with particular focus on investment protection, oil & gas and general commercial matters.
Yas is a Vice-President of the ICC Court of Arbitration and a member of the LCIA Court of Arbitration. She is also a member of the ICSID Panel of Arbitrators, appointed by the Chairman of ICSID’s Administrative Council.
Yas Banifatemi has been repeatedly praised in all leading professional directories and earns “acclaim for her excellent track record in arbitration”. Directories have described her as being “truly outstanding,” a “star performer,” a “brilliant lawyer with a sharp intellect,” an “excellent practitioner” and “one of the best technicians in the international investment arbitration field,” also having “a considerable presence in public international law.” Chambers Global notes that “Yas Banifatemi is emphatically described by clients as ‘an outstanding lawyer in every possible respect.’”
Clients have commented on the “clarity of her opinions,” her “ability to give valuable strategic advice, while forming a strong impression of her experience and ability to anticipate how cases will develop”, her “real grasp of detail,” describing her as “extremely effective,” “incredibly impressive all round” and a “reliable and robust advocate” having a “thorough understanding of the law she practices.” Clients also highlight her “strong cross-examination skills”. Among the many professional rankings in which she features, she was praised in an article highlighting “The Best and the Brightest” 45 female lawyers under 45 worldwide, published in July 2011 by The American Lawyer.
Yas Banifatemi teaches at Harvard Law School, Yale Law School and Panthéon-Sorbonne University, as well as at The Hague Academy of International Law (2004 and 2019 sessions). She researches in the areas of public international law and international arbitration, and has authored numerous publications in both these fields. She cofounded and was co-Secretary General of the International Academy for Arbitration Law (Arbitration Academy).