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Gaillard Banifatemi Shelbaya Disputes promotes two to counsel

Gaillard Banifatemi Shelbaya Disputes has promoted two senior associates to counsel: Yael Ribco Borman and Peter Frilay.

Similar to the recently elected new Partners, the two counsel started their career in international arbitration in Emmanuel Gaillard’s team. Both have been part of teams achieving landmark victories and setting new benchmarks in the field.

Founding partner Yas Banifatemi comments: “Both Yael and Peter have had a stellar career within our team. They both are standout lawyers, combining excellent legal reasoning and versatility, as well as the highest standard of professionalism. Each has significantly contributed to landmark victories secured by our firm.”

Founding Partner Benjamin Siino adds: “Both Yael and Peter are highly respected by their clients, their peers and their colleagues. Their superior technical skills, impeccable work ethic, and the flawless client service they provide to our clients are remarkable. We are confident that they will continue to grow magnificently in our practice and contribute to the field.”

 

Yael Ribco Borman, a dual Uruguayan and German national, joined the team after two years working as an associate in the corporate department of a leading Uruguayan firm.

She has acted as counsel in multiple commercial and investment arbitrations. She also advises in setting aside and enforcement proceedings, and actively participates in the firm’s pro bono program. She has acted as a Tribunal’s secretary in commercial arbitration proceedings.

Yael has been part of the team handling multiple disputes related to Latin America and Iberia, including the defence of the Republic of Colombia in an ICSID arbitration initiated by Mr. Angel Seda and other US investors in relation to allegations of expropriation of a real estate project. The team secured a landmark victory for our client, with the Tribunal dismissing all claims and finding, for the first time in investment arbitration history, that the essential security clause in the Agreement invoked by Colombia applied and protected Colombia’s measures designed to fight narcotraffic and money laundering. The investors filed an application for annulment of the award on 31 October 2024.

With respect to Iberia, Yael was part of the team that secured an award on behalf of EDF EN in an investment treaty arbitration against the Kingdom of Spain in relation to measures taken by the State in the renewable energy sector. She also was a member of the team that secured the dismissal of EUR 550 million claims brought against an affiliate of firm’s client Mubadala Investment Company PJSC by Real Madrid football club. The dispute, governed by Spanish law, had arisen from a sponsorship agreement related to the Santiago Bernabéu stadium.

Still in relation to Latin America, Yael is currently part of the team representing a Latin American subsidiary of a European energy company in an ICC arbitration in Paris brought against a European LNG supplier in relation to an LNG Sale and Purchase Agreement. Other current commercial work includes the representation of three clients in two ICC arbitrations initiated against related companies of a European real estate investment group and its ultimate beneficial owner, with over USD 700 million at stake.

Victories to which Yael has contributed to in commercial arbitrations also include an ICC arbitration in Singapore brought on behalf of a leading European energy company against three Asian State-owned nuclear power companies in relation to corporate measures adopted by the Respondents that would have de facto deprived our clients of one third of their future profits over the course of the project. The Tribunal found in our client’s favour, issued relief to protect our clients’ share of future profits, and ordered the Respondents to pay 75% of our clients’ legal fees.

In the early days of her international arbitration career, Yael was part of the team that represented the Arab Republic of Egypt, the Egyptian National Gas Holding Company (EGAS) and the Egyptian Petroleum Corporation (EGPC) against USD 12 billion claims brought in four arbitrations by East Mediterranean Gas Company and its shareholders in relation to the export of Egyptian gas to Israel.

A founding member and President of the Latin American Arbitration Practitioners (EU), Yael is also active in other focus groups. Yael notably serves as a member of the ESG Sub-Committee of the IBA Arbitration Committee. She has authored multiple articles and regularly speaks on international arbitration and public international law. She also lectures on international commercial arbitration and investment arbitration in various Ibero American institutions, including the University of Montevideo. She co-edited the first Handbook on Investment Arbitration published in Spanish (Guía de Arbitraje de Inversión (Arbanza Escuela de Arbitraje, 2023)).

Yael is actively involved in the firm’s pro bono program, handling matters related to climate change, human rights and sexual violence. Most recently, she was part of a team, led by Yas Banifatemi, advising and representing the Oriental Republic of Uruguay at the proceedings to request the International Court of Justice (“ICJ”) to render an advisory opinion on the States’ obligations under international law to protect the climate system. She was also a member of the legal team advising the Commission of Small Island States on Climate Change and International Law (COSIS) in the preparation and submission of a written statement before the Inter-American Court of Human Rights in the advisory opinion proceedings on the Climate Emergency and Human Rights.

Yael holds a law degree from Universidad de Montevideo as well as an LL.M. International and European Law: International Trade and Investment Law, cum laude, from Universiteit van Amsterdam. She is admitted to practice in Uruguay and is registered as a Foreign Attorney in Germany. She speaks Spanish and English fluently, as well as Hebrew and German.

Peter Frilay is an Australian and English-qualified lawyer focusing on energy disputes. Following graduation, he worked at Herbert Smith Freehills LLP in Melbourne as a graduate and then as an associate. He started his international arbitration career in Paris in 2014, within the team then at Shearman & Sterling, and is now based in Gaillard Banifatemi Shelbaya Disputes’ recently launched Abu Dhabi office.

Peter represents and advises clients in commercial and investment treaty disputes. He has notably acted in arbitrations conducted under the auspices of ICC, LCIA, ICSID, CRCICA, NAI and SCC, including numerous major disputes in the oil & gas sector.

Significant victories in which he played a major role include the representation, together with Emmanuel Gaillard, Yas Banifatemi and Mohamed Shelbaya,  of the Egyptian Natural Gas Holding Company (EGAS) in three arbitrations brought by Union Fenosa Gas S.A. (UFG) and its affiliate SEGAS in connection with the operation of the Damietta liquefaction plant and an associated long-term gas supply agreement, securing the dismissal of USD 4 billion claims. He was also part of the team that represented the Egyptian Natural Gas Holding Company (EGAS) and the Egyptian General Petroleum Corporation (EGPC) in two parallel arbitrations, respectively a USD 6 billion ICC arbitration in Geneva and a USD 4 billion CRCICA arbitration in Cairo against East Mediterranean Gas S.A.E. (EMG), arising out of a long-term gas supply contract between EGAS, EGPC and EMG relating to the export of Egyptian gas to Israel.

Along with James Herbert and Anders Junker-Nilsson, Peter was also part of team, led by Emmanuel Gaillard and Yas Banifatemi, that helped Angola’s national oil and gas company Sonangol obtain a Netherlands Arbitration Institute award requiring Exem Energy BV, a holding company beneficially owned by former Angolan president’s daughter Isabel dos Santos, to return shares worth over EUR 650 million that it was found to have acquired illegally, restoring Sonangol to its 100% shareholder position. He also acted in another arbitration on behalf of Sonangol brought by Exem Energy BV under the LCIA Rules, where the Claimant withdrew all claims.

Peter was also on the team representing the Vilnius City Municipality and the Municipality-owned district heating company in an SCC arbitration against Veolia Environnement S.A. and a Lithuanian subsidiary. The dispute, governed by Lithuanian law concerned the operation and management of a 15-year district heating concession in Vilnius and Lithuanian law applied. Our clients secured an award in their favour for a net value of approximately EUR 56 million.

Peter is currently advising and representing a Middle Eastern national oil and gas company in three disputes (and associated negotiations) with a major international oil company relating, respectively, to the review of the price applicable under a long-term natural gas supply agreement, the correct invoicing procedure under that agreement, and the allocation of gas between the partners. Over USD 2 billion is at stake. He is also advising a Middle Eastern national oil company on cost recovery claims under offshore concession agreements.

In parallel to his advocacy work, Peter conducts extensive advisory work for oil and gas companies. He spent nine months on secondment with the State-owned gas entity of a North African country, gaining meaningful experience in all technical and operational aspects of a public gas company, at the same time developing a thorough understanding of an international arbitration user’s perspective. He has since been a key member of the firm’s oil & gas liability and risk management practice, advising energy companies and States in a broad variety of matters including investment structuring, negotiating and drafting of various upstream and midstream agreements, and advising on the sale or purchase of assets.

Peter holds an LL.B. (Honours) as well as a Bachelor of International Relations from La Trobe University, Australia.

“Peter and Yael are phenomenal lawyers who serve our clients with unique devotion, brilliance and effectiveness,” adds Founding partner Mohamed Shelbaya. “Time and again, they have demonstrated exceptional talent and we look forward to see them both grow further in their well-deserved new role.”

 

Gaillard Banifatemi Shelbaya Disputes is an international firm focused on the management of international disputes. With offices in Paris, London, New York, Cairo and Abu Dhabi, the firm now includes 12 partners, 2 counsel and 40 associates of 30 nationalities, collectively speaking 25 languages. The firm is known for its unparalleled track record of landmark victories, including the then largest commercial arbitration award ever rendered, the largest investment arbitration award in history, as well as the full dismissal of numerous multibillion-dollar claims brought against companies, States and State-owned entities.

 

Press contact: press@gbsdisputes.com