Gaillard Banifatemi Shelbaya Disputes

Managing Partners: Yas Banifatemi, Mohamed Shelbaya, Benjamin Siino

Number of partners: 9

Number of other fee-earners: 42

International Offices: Paris, London, New York

Gaillard Banifatemi Shelbaya Disputes is an international firm exclusively focused on the management of international disputes. The multi-jurisdictional, multi-lingual and diverse 50 lawyers team acts in commercial and investment treaty disputes worldwide. The team also advises and represents its clients at the pre-arbitral and post-award stages, as well as in arbitration-related litigation before local courts. The firm is known for its result-oriented and creative approach to the resolution of international disputes, its team’s superior legal and advocacy skills, and its extraordinary commitment to its clients. The partners’ track record includes many of the most sensitive high stake international disputes submitted to arbitration over the past three decades.

Representative victories include:

• Securing the full dismissal of claims brought against pharmaceutical company Sanofi in an ICC arbitration initiated by a competitor seeking indemnification for potential losses in connection with ongoing mass tort litigation in the United States.
• Securing the dismissal of claims totalling USD 30 billion in a UNCITRAL arbitration on behalf of The Arab Republic of Egypt initiated by four Middle Eastern investors in connection with the alleged violation of the Organization of the Islamic Conference (OIC) Agreement in relation to investments in major commercial and touristic real estate projects in Egypt.
• Securing the full dismissal of EUR 550 million claims brought against an affiliate of Mubadala Investment Company PJSC in an ICC arbitration initiated by Real Madrid Football Club regarding a sponsorship agreement related to the Santiago Bernabéu stadium.
• In a string of precedent-setting awards on the application of the ICSID Convention and the English law of assignment, securing the full dismissal of more than USD 4 billion claims brought against EGAS in three commercial arbitrations brought by the owner of a liquefaction plant and the buyer under an associated long term gas supply agreement. The firm subsequently represented and advised its clients regarding the conception, negotiation, drafting and implementation of over forty agreements with Union Fenosa Gas S.A. (UFG), Spanish Egyptian Gas Company S.A.E. (SEGAS), Eni S.p.A. (Eni) and Naturgy Energy Group, S.A. regarding liquefaction and export of gas through, and ownership of, the Damietta LNG plant..
• Securing victories on behalf of Angolan energy company Sonangol E.P. in three parallel commercial arbitrations against Exem Energy B.V., a holding company beneficially owned by Isabel dos Santos. The dispute related to high-profile matters of embezzlement, corruption and money-laundering in relation to a joint venture agreement. Sonangol prevailed in the tree proceedings and, as a result of the Tribunal’s decision, Sonangol was restored to its position as 100% shareholder of Esperaza Holding B.V.
• Achieving the settlement of USD 12 billion claims in four arbitrations respectively brought against the Arab Republic of Egypt and its two energy companies EGAS and EGPC in relation to gas exports to Israel. A large number of claims were dismissed by the tribunals and the parties reached a global settlement under which all claims against our clients were waived without our clients being required to make any payment.
• Securing a USD 50 billion award, the largest award ever rendered by an arbitral tribunal, for the majority shareholders of the former Yukos Oil Company in three arbitrations brought against the Russian Federation under the Energy Charter Treaty.
• Securing the dismissal of EUR 4.6 billion claim on behalf of EDF International in an ICC arbitration initiated by a company fully owned by the German Land of Baden-Württemberg in relation to the acquisition by the Land of EDF’s stake in an energy company based in the Land.
• Securing a USD 2.47 billion award, then the largest commercial arbitration award ever rendered, for The Dow Chemical Company in an ICC arbitration against Petrochemical Industries Company (PIC) arising out of the failure of the latter to close a large joint venture transaction.

Practice areas

• Commercial arbitration (Construction, Energy, Business combination disputes and general commercial disputes)
• Investment treaty arbitration
• Oil & Gas liability management
• Enforcement and execution of arbitral awards
• Public international law

Offices

London

20 North Audley Street

London W1K 6LX

T +44 203 940 6615

[email protected]

Paris

46 rue Copernic

75116 Paris

T +33 1 7935 9000

[email protected]

New York

1330 Avenue of the Americas, 23rd Floor

New York, NY 10019

[email protected]