Gaillard Banifatemi Shelbaya Disputes

𝗡𝗲𝘄 𝗰𝗼𝗺𝗺𝗲𝗻𝘁𝗮𝗿𝘆 𝗼𝗻 𝗜𝗖𝗦𝗜𝗗 𝗖𝗮𝘀𝗲 𝗟𝗮𝘄 𝗯𝘆 𝗬𝗮𝘀 𝗕𝗮𝗻𝗶𝗳𝗮𝘁𝗲𝗺𝗶 𝗮𝗻𝗱 𝗠𝗼𝗵𝗮𝗺𝗲𝗱 𝗦𝗵𝗲𝗹𝗯𝗮𝘆𝗮 In the latest edition of the Journal du droit international (also known as “Clunet”), Partners Yas Banifatemi and Mohamed Shelbaya review the most significant International Centre for Settlement of Investment Disputes (ICSID) decisions issued in 2023, focusing on a number of key topics, in particular: • abuse of process in the context of corporate restructuring or acquisition • the characterization of shareholders’ claims • choice of law issues, and  • limitations to a tribunal’s jurisdiction when the dispute concerns the interpretation and application of treaties other than the one containing the relevant arbitration clause  The article also includes an in-depth analysis of one of the most important ICSID decisions issued in 2023, in the case of JSC Tashkent Mechanical Plant et al. v. Kyrgyz Republic, with a focus on the concept of “territory”, res judicata and the principle of concentration of means. Yas Banifatemi and Mohamed Shelbaya have co-authored the commentary on the ICSID Case Law in the Clunet since 2022. The late Professor Emmanuel Gaillard created the Chronicle in the Clunet and authored commentaries from 1986 to 2010 – a most valuable 25-year corpus of commentaries. References to these publications can be found here: https://lnkd.in/dDCzdBsj #internationalarbitration #theartofarbitration

𝗚𝗮𝗶𝗹𝗹𝗮𝗿𝗱 𝗕𝗮𝗻𝗶𝗳𝗮𝘁𝗲𝗺𝗶 𝗦𝗵𝗲𝗹𝗯𝗮𝘆𝗮 𝗗𝗶𝘀𝗽𝘂𝘁𝗲𝘀 𝘁𝗼 𝗹𝗲𝗮𝗱 𝗖𝗼𝗹𝗼𝗺𝗯𝗶𝗮’𝘀 𝗗𝗲𝗳𝗲𝗻𝘀𝗲 𝗶𝗻 𝘁𝗵𝗲 𝗚𝗮𝗹𝗲𝗼𝗻 𝗦𝗮𝗻 𝗝𝗼𝘀𝗲 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻. Gaillard Banifatemi Shelbaya Disputes has been selected by Colombia’s National Agency for Legal Defense of the State / Agencia Nacional de Defensa Jurídica del Estado (ANDJE)to represent Colombia in the high-profile investment arbitration initiated by Sea Search Armada LLC in relation to the sunken 18th-century Galleon San José. The team will be led by the firm's founding partners, Yas Banifatemi and Ximena Herrera. The pair and their team recently secured a landmark victory for Colombia in the Angel Seda et al. v. Colombia case, in which the arbitral tribunal upheld Colombia’s right to invoke, in relation to the country's fight against narcotraffic, the essential security interest clause contained in the applicable Free Trade Agreement between Colombia and the USA. Gaillard Banifatemi Shelbaya Disputes looks forward to working with the full team at ANDJE in this case, which marks a significant step in safeguarding Colombia’s cultural heritage. Colombia will also be assisted by Jose Antonio Rivas, SJD, from the firm Xtrategy LLP. Gaillard Banifatemi Shelbaya Disputes is committed to providing representation of the highest caliber. The firm has been consistently praised by its clients for its “excellent strategic approach”, “great professionalism” and unwavering “commitment to its clients”. #InternationalArbitration #CulturalHeritage #LegalDefense #GBSDisputes #theartofarbitration 

Daniel Reich🎗️, a founding partner of Gaillard Banifatemi Shelbaya Disputes, will participate in the GAR Live: North America 2024, in New York on September 24. Daniel will be part of a panel that will examine how the U.S. presidential election outcome could affect international arbitration, particularly in relation to sanctions policy, disputes over energy and strategic assets, and the rise of protectionist trends. The panel will also comprise Miriam Harwood, Caline Mouawad and Julissa Reynoso and will be moderated by Patrick W. Pearsall. To register and learn more on the event, please check GAR's website https://lnkd.in/d7XgrTrE #InternationalArbitration #GARLive #TherArtOfArbitration

Gaillard Banifatemi Shelbaya Disputes is honoured to advise and represent Uruguay, as an intervening State, before the International Court of Justice (ICJ) in the proceedings initiated at the behest of the General Assembly of the United Nations. Uruguay’s intervention is in support of a request to the ICJ for the issuance of an advisory opinion on the States’ obligations in respect of climate change, pursuant to Article 65 of the Statue of the ICJ.   As demonstrated by the record number of 91 submissions by intervening States and international organizations authorized by the Court, the ongoing proceedings have a historic significance as they will provide the Court with an opportunity to address, for the first time, the States’ obligations under international law to protect the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases for States and for present and future generations, as well as the legal consequences derived from any breaches thereof.   Gaillard Banifatemi Shelbaya Disputes is committed to the fight against climate change and its devastating effects on the rights of present and future generations. We are confident that these proceedings will contribute significantly to the global efforts addressing climate change and remain dedicated to supporting Uruguay throughout this historic process.   The Gaillard Banifatemi Shelbaya Disputes team comprises Yas Banifatemi, Yael Ribco Borman and María del Pilar Álvarez, working together with the relevant authorities in Uruguay. #theartofarbitration #climatechange #internationalarbitration

“In our field, there’s a form of artistry in the fact that we have to make other people understand concepts that we don't even necessarily understand ourselves at first”   From Helsinki to Gaillard Banifatemi Shelbaya Disputes: Meet Antonio Wirta, who journeyed from studying law at King's College London to specializing in construction arbitration. As someone who did not want to be stuck in one place and have a chance to live in different places, Antonio could not have chosen a better specialty than international arbitration. He now brings his expertise and dedication to our firm, where collaboration and excellence are at the core of everything we do. Read his full interview with Journalist Valentine Faure. #internationalarbitration #meetourteam #theartofarbitration  

As the Paris 2024 Olympic and Paralympic Games are about to start, Gaillard Banifatemi Shelbaya Disputes is proud to share that two members of its team will take part in these mythical events.   Of Counsel Safya Akorri will be a member of the team of on-duty lawyers appointed by the Paris Bar (Barreau de Paris (Ordre des avocats de Paris)) to advise and represent victims and suspects in any matter that will be raised before the Paris Court of Justice during the Olympic and Paralympic Games. Such matters range from daily misdemeanours to exceptional and major criminal proceedings.   Regarding sports disputes, Senior Associate Pierre Viguier has separately been appointed by the Paris Bar to appear on the list of pro bono lawyers who will assist athletes in proceedings before the Ad Hoc Division and Anti-Doping Division established by the TAS/CAS Tribunal Arbitral du Sport / Court of Arbitration for Sport / Tribunal Arbitral del Deporte for the duration of the Olympics.   Gaillard Banifatemi Shelbaya Disputes and its team members are proud to work every day to advance to the rule of law in every manner possible.    #GBSdisputes #theartofarbitration #sportslaw #internationalarbitration

MAJOR VICTORY FOR EGYPT: Gaillard Banifatemi Shelbaya Disputes helps secure dismissal of $190 million claims Working closely with the Egyptian State Lawsuits Authority (ESLA), our team successfully defended Egypt against a series of claims totaling USD 190 million in relation to a gas distribution concession in the Sharkeya governorate, one of Egypt’s most populous governorates. The concession which was terminated in 2019 had been granted by the Egyptian General Petroleum Corporation to National Gas, a local SPV owned by Mr Magdy Rasekh, the in-law of former President Mubarak, and the family of Egyptian businessman Reda Genina. In awards rendered on 2 July 2024, two Tribunals respectively constituted under the ICSID and UNCITRAL Rules declined jurisdiction over a number of claims and dismissed the remaining claims on the merits. The Tribunals were composed of Prof Gabrielle Kaufmann-Kohler (President), Dr Charles Poncet, and Dr Claus von Wobeser. “Most notable” commented Mohamed Shelbaya, “was the Tribunal’s confirmation that the substantive standards of investment treaties, save possibly for umbrella clauses, only apply to conduct taken by the state in its sovereign capacity.” The proceedings were two of the ten investment arbitrations in which members of our team have represented Egypt. This new victory comes on the heels of another recent major victory for Egypt where we helped the State secure the summary dismissal of claims worth USD 30 billion https://lnkd.in/eK9RUUB3 Yas Banifatemi, Mohamed Shelbaya, Youssef Daoud, Chaymaa Shady, Omar Elsada, Rana H., Tatiana Lebbos, Deena Aboulwafa, Counselors Mosaad Abdel Maksoud, Ahmed Saad, Aya Sabry, Mohamed H. Negm, Radwa Sayed and Walaa Nayel. #internationalarbitration #theartofarbitration

Egypt says it has defeated a pair of treaty claims worth around US$190 million brought by a group of Emirati and Canadian claimants over a terminated natural gas distribution concession. Toby F. reports. #egypt #arbitration https://lnkd.in/eazycETx

NEW VICTORY: COLOMBIA’S FIGHT AGAINST NARCOTRAFFIC IS PROTECTED AS AN ESSENTIAL SECURITY INTEREST In a landmark decision issued on 27 June 2024, an arbitral tribunal chaired by Prof. Dr. Klaus Sachs and also including Prof. Hugo Perezcano Díaz and Dr. Charles Poncet unanimously upheld the Republic of Colombia’s right to invoke the self-judging essential security interests clause under the Colombia-US Trade Promotion Agreement (TPA), dismissing by way of consequence all of the claims brought by the US Claimants. Colombia was represented by Gaillard Banifatemi Shelbaya Disputes. “It is the first time in the history of investment arbitration that a tribunal – in this case, unanimously – has fully upheld a State’s invocation of its treaty-based essential security interest as a bar to the Tribunal’s jurisdiction,” comments Yas Banifatemi. The dispute centered on Colombia’s 2016 seizure of land in the outskirts of Medellin, where a major real estate project, known as the Meritage Project, was being developed. The project was found to have connections to the Oficina de Envigado, a criminal organization involved in drug trafficking and money laundering. The Tribunal recognized Colombia’s right to protect its essential security interests and to apply asset forfeiture measures against a property tied to illicit activities. The decision has been heralded as a principled and symbolic triumph, and a testament to Colombia’s fight against drug trafficking. “As counsel representing Colombia,” adds Ximena Herrera, “but even more so as a Colombian citizen, I am overjoyed with the Tribunal’s decision. It upholds a State’s right to pursue its legal remedies to fight organized crime and drug trafficking.” This victory was achieved with the full and precious support of Mr Giovanny Vega-Barbosa, Acting Director for International Defense, and the full teams at Colombia’s National Agency for the Legal Defense of the State, and Colombia’s Prosecutor’s Office. The Gaillard Banifatemi Shelbaya Disputes team comprised Professor Emmanuel Gaillard (who led the team until his passing), Yas Banifatemi, Ximena Herrera-Bernal, Youssef Daoud, Yael Ribco Borman, María del Pilar Álvarez, Carolina Barros, and Sophie Davin. The case was filed in March 2019 and involved countless written pleadings and three sets of hearings. The sensitive nature of the information shared by Colombia in the arbitration, notably ongoing criminal investigations conducted by Colombian Prosecutors, has led to the information on the case publicly shared on the International Centre for Settlement of Investment Disputes (ICSID) platform to be redacted due to confidentiality. #internationalarbitration #theartofarbitration

Join us for the 3rd Emmanuel Gaillard Debate ! We are pleased to announce the third edition of the Emmanuel Gaillard Debate, a tribute to the late Professor Gaillard's legacy as a masterful and fearsome debater. This year's event will feature a discussion on the topic: "Is the finality of arbitral awards an essential attribute of international arbitration?" The debaters for the evening will be: - Shane Spelliscy: Director General of the Trade Law Bureau of the Government of Canada, Deputy Legal Adviser at Global Affairs Canada, and Chairman of the UNCITRAL Working Group III on Investor-State Dispute Settlement Reform - Benjamin Siino: Founding partner of Gaillard Banifatemi Shelbaya Disputes Event details: Date: 26 June 2024 Time: 18:30 - 20:00, followed by a cruise cocktail Location: Port Javel des Yachts de Paris – Port Javel Haut – 75015 Paris Sponsor: Gaillard Banifatemi Shelbaya Disputes This event is part of the 2024 Session of the Arbitration Academy and will be followed by a cruise cocktail. We look forward to welcoming you to what promises to be a debate of the highest caliber. To register for the event please click here https://lnkd.in/e-vaVxt7 #InternationalArbitration #theartofarbitration