Yas Banifatemi

Lawyers

Partner
Paris, France

ybanifatemi@gbsdisputes.com
+33 1 79 35 90 00

Dr. Yas Banifatemi is a founding partner of Gaillard Banifatemi Shelbaya Disputes and is widely recognized as one of the most prominent international arbitration and public international law specialists worldwide. Prior to founding Gaillard Banifatemi Shelbaya Disputes, she served as Shearman & Sterling’s Global International Arbitration Practice Group Leader and Public International Law Team Leader.

Yas acts as counsel, arbitrator and expert and has experience under all major international arbitration rules. As counsel, she advises and represents States, State-owned entities and companies on international arbitration and public international law matters. She has secured numerous landmark victories for her clients, the most known of which is the USD 50 billion award rendered in favour of the majority shareholders of former Yukos Oil Company, the largest investment award in history.

Yas is a member of the SIAC Court of Arbitration, a former Vice-President of the ICC International Court of Arbitration as well as a former member of LCIA Court. She is listed on a number of arbitrator panels.

Yas is ranked in Band 1 of the Global Market Leaders by Chambers & Partners. She has been repeatedly praised in all leading professional directories. Chambers Global notes that “Yas Banifatemi is emphatically described by clients as ‘an outstanding lawyer in every possible respect’”. She earns “acclaim for her excellent track record in arbitration”. Directories have also described her as being “truly outstanding”, a “star performer”, a “brilliant lawyer with a sharp intellect”, and “one of the best technicians in the international investment arbitration field”, also having “a considerable presence in public international law”. A client has emphasised that “Yas is simply one of the most creative and lethal minds in the market. She is a game changer”. Another client has commented that “she is a master of her craft; her experience, diligence and strategic thinking are invaluable”, and goes on to say: “She is an exceptional lawyer with an extraordinary depth and breadth of experience”. Other clients have commented on the “clarity of her opinions”, her “ability to give valuable strategic advice” and “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”.

Yas was featured in Vanity Fair’s list of the 50 most influential French people in the world (Dec. 2021), in The American Lawyer’s list of “The Best and the Brightest” 45 female lawyers under 45 worldwide (2011), and as an honoree of Harvard Law School’s “Women Inspiring Change” (2014 inaugural year).

She is the President of the International Arbitration Institute (IAI), succeeding the late Emmanuel Gaillard in that capacity. In 2011, she co-founded the Arbitration Academy and acted as its first co-Secretary General from 2011 to 2013.

Yas teaches at Panthéon-Sorbonne University and Harvard Law School. In the Summer 2019, she gave a course at The Hague Academy of International Law on the powers of the arbitrator. She researches in the areas of public international law and international arbitration, and has authored numerous publications in, and regularly speaks about, both these fields.

As Counsel includes the representation of:

Investment treaty arbitration

Chinese telecoms giant Huawei Technologies Co., Ltd., Claimant in an ICSID arbitration initiated against the Kingdom of Sweden under the China-Sweden bilateral investment treaty (ICSID Case No. ARB/22/2). The dispute relates to a number of measures taken by Sweden directly targeting Huawei’s investments in Sweden and excluding our client from the roll-out of 5G network products and services in the country.
The Republic of Georgia in an ICSID arbitration brought by U.S. investors under the Georgia-U.S. bilateral investment treaty. The dispute arises from the alleged mistreatment of Magticom, Georgia’s leading telecommunication company, including the investigation, arrest and detention of its founder and majority shareholder, the son-in-law of former Georgian President Eduard Shevardnadze, by the government of President Mikhail Saakashvili in the aftermath of the 2003 Rose Revolution.
The Republic of Colombia, Respondent in an ICSID arbitration brought by Angel Samuel Seda and others (ICSID Case No. ARB/19/6). The dispute arose from allegations of expropriation of a real estate project seized in application of Colombia’s asset forfeiture law, and claims in excess of USD 300 million were brought under the 2012 Colombia-U.S. Trade Promotion Agreement (TPA). In a landmark victory for our client, the Tribunal dismissed all claims and found, for the first time in investment arbitration history, that the essential security clause in the TPA invoked by Colombia applied and protected Colombia’s measures designed to fight narcotraffic and money laundering.
The Republic of Angola in an SCC emergency arbitration initiated by Carlos Manuel de São Vicente regarding allegations of wrongful imprisonment and mismanagement of funds in breach of the Angola-Portugal bilateral investment treaty. All claims against our client were dismissed and the Claimant was ordered to pay our client’s full legal costs.
The People’s Democratic Republic of Algeria, Respondent in an ICSID arbitration initiated by Orascom TMT Investments S.à.r.l. (ICSID Case No. ARB/12/35). The dispute related to alleged breaches of the bilateral investment treaty between Algeria and the Belgium–Luxembourg Economic Union in relation to the operation of a mobile telephone company in Algeria. In a precedent-setting award on abuse of rights in investment arbitration, the Tribunal dismissed the USD 4 billion claim brought against our client in its entirety.
The majority shareholders in the former Yukos Oil Company, Claimants in a series of three UNCITRAL arbitrations in The Hague against the Russian Federation in relation to the expropriation of their investment in the company. The claims were brought under the Energy Charter Treaty. The Tribunal ordered the Russian Federation to pay over USD 50 billion in damages to our clients, the largest award ever rendered by an arbitral tribunal. The Tribunal also ordered the Respondent to reimburse to our clients 75% of the legal fees they had incurred in these proceedings, as well as 100% of the arbitration costs.

Energy arbitration

The Latin American subsidiary of a European energy company, Claimant in an ICC arbitration in Paris against a European LNG supplier. The dispute arises from an LNG Sale and Purchase Agreement. New York law applies.
An African national oil and gas company, Claimant in a UNCITRAL arbitration in Geneva brought against two privately-owned European energy companies. The dispute arose from the termination of a production-sharing contract. The law of the Claimant’s State applies. Over USD 1.45 billion is at stake.
An Asian LNG buyer in relation to a gas price review mechanism and risks in the Asia-Pacific LNG market.
Sonangol E.P., Respondent, in three parallel NAI arbitrations in Amsterdam 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 share sale and purchase agreement. Dutch and Angolan law applied. Sonangol enjoyed complete victory in all three cases, including findings in the main NAI arbitration that the relevant transaction could only be explained as an example of “grand corruption”. As a result, the relevant transaction has been declared null and void and Sonangol has been restored to its 100% shareholder position.
Five gas importers, Respondents in SCC and UNCITRAL arbitrations in Stockholm initiated by an upstream supplier. The disputes arose from a gas price revision clause in long-term supply contracts. Swedish law applied.
A natural gas seller in an ICC arbitration in Paris and in two CRCICA arbitrations in Cairo and Madrid initiated by the buyer and owner of a liquefaction plant. The arbitrations, which involved claims in excess of USD 4 billion, arose under a tolling agreement governed by English law and a related long-term gas supply agreement governed by Egyptian law. In a precedent-setting award on the English law of assignment, the ICC Tribunal dismissed the USD 300 million claim brought against our client. In another ground-breaking decision on the application of the ICSID Convention, the Madrid-seated Tribunal equally dismissed the entirety of the USD 3.6 billion claim brought against our client. Finally, in the Cairo-seated CRCICA arbitration, the Tribunal dismissed the USD 10 million claim brought against our client.
PetroVietnam, Respondent in an ICC arbitration in Singapore initiated by three European and Australasian energy companies. The dispute arose from a production-sharing agreement. The Arbitral Tribunal rejected in full the USD 100 million claims against Petro Vietnam and ordered the Claimants to reimburse the costs of the arbitration in full.

Other matters

An international joint venture in an ICC arbitration in Paris against an oil field services provider. The dispute arises from an EPC contract for the construction of upstream facilities in Africa. Issues include liability for delay, additional works and disruption. Over USD 850 million is at stake.
Vilnius City Municipality and the Municipality-owned district heating company in an SCC arbitration in Vilnius against Veolia Environnement S.A. and a Lithuanian subsidiary. The dispute concerned the operation and management of a 15-year district heating concession in Vilnius and Lithuanian law applied. Veolia initiated the arbitration and advanced claims in the region of EUR 50 million. Our clients counterclaimed and secured an award in their favour for a net value of approximately EUR 56 million.
Pharmaceutical group Sanofi in an ICC arbitration in Geneva initiated by Boehringer Ingelheim that arose out of an acquisition and concerned liability relating to third party claims. Swiss law applied. The Tribunal fully dismissed the claims against Sanofi seeking indemnification for potential losses in connection with ongoing mass tort litigation in the United States.
A leading European energy company and its Asian subsidiary, Claimants in an ICC arbitration in Singapore against three Asian State-owned nuclear power companies. The arbitration concerned a shareholders’ dispute arising from the unilateral adoption by the Asian companies of corporate measures which would have had the effect of preventing our client from receiving one third of its share of the profits to be generated by the nuclear power plant throughout the assets’ technical life. The law of the Respondents’ State applied. The Tribunal found that the measures adopted by the Respondents were in breach of the shareholders’ agreement, issued relief to protect our clients’ share of future profits, and ordered the Respondents to pay 75% of our clients’ legal fees.
International Petroleum Investment Company (IPIC) (an affiliate of Mubadala Investment Company PJSC), Respondent in an ICC arbitration in Paris initiated by Real Madrid football club. The dispute arose from a sponsorship agreement related to the Santiago Bernabéu stadium. Spanish law applied and over EUR 550 million was at stake. The Arbitral Tribunal, ruling by a majority, dismissed Real Madrid’s EUR 550 million claims in their entirety.
Sportfive EMEA (formerly Lagardère Sports), Claimant in an ICC arbitration in Geneva against the Confederation of African Football (CAF). The dispute arose from the termination by CAF of a USD 1 billion exclusive television and marketing rights agreement. Swiss law applied.
A private equity fund and its founder in ICC and HKIAC arbitrations initiated by the fund’s general partner and an alleged investor in the fund, as well as in related domestic court proceedings in multiple jurisdictions. The arbitrations each concerned ownership of various entities in the fund structure. Hong Kong and Cayman Islands law applied.

Pro bono

Advising and representing Uruguay in the preparation and submission of a written statement before the International Court of Justice (“ICJ”) in the proceedings to request the issuance of an advisory opinion on States’ obligations in relation to climate change, under Article 65 of the Statute of the ICJ.

Experience as arbitrator

Dr Banifatemi has served as President, Sole arbitrator, co-arbitrator and emergency arbitrator in proceedings conducted in accordance with the Rules of the ICC, ICSID, SCC, LCIA, CRCICA, HKIAC, SIAC and the Swiss Rules of International Arbitration, as well as in ad hoc proceedings.

Matters in the public record include:

Teyliom International and others v. République du Bénin (Sole arbitrator, appointed by the Parties, ICSID Case No. ARB/20/24). Dispute related to a tourism construction project. Claims brought under the 2020 Beninese Investment Code.
Shell Petroleum N.V. and The Shell Petroleum Development Company of Nigeria Limited v. Federal Republic of Nigeria (Arbitrator, appointed by the Respondent, ICSID Case No. ARB/21/7). Claims arising out of an oil spill. Completed.
AHG Industry GmbH & Co KG v. Republic of Iraq (President of the Tribunal, appointed by the co-arbitrators and the Parties’ agreement, ICSID Case No. ARB/20/21). Claims arising out of the Government’s alleged takeover and a series of other government actions related to a cement factory in Kirkuk in which the Claimant had invested, based on a rehabilitation and operation contract signed with a State-owned company in 2008. Completed.
Petronor E&P Gambia Limited and APCL Gambia B.V. v. Republic of The Gambia (Arbitrator, appointed by the Respondent, ICSID Case No. ARB/17/38). Dispute relating to licenses for exploration of off-shore oil blocks. Claims brought under a contract. Completed.
Michael Dagher v. Republic of the Sudan (President of the Tribunal, appointed by ICSID (with the Parties’ agreement), ICSID Case No. ARB/14/2). Dispute relating to a wireless internet service enterprise. Claims brought under the 2000 Sudan-Jordan and the 2004 Sudan-Lebanon bilateral investment treaties. Completed.
Anglia Auto Accessories Ltd. v. Czech Republic (President, appointed by the SCC, SCC Arbitration V 2014/181) and Ivan Peter Busta m fl v. Czech Republic (Chairperson, appointed by the SCC, SCC Arbitration V 2015/014). Disputes related to the conduct of police authorities with respect to the removal of goods owned by the investors’ local company, and to the conduct of the courts during the investors’ attempts to enforce an arbitral award obtained against their business partner. Claims brought under the 1990 U.K.-Czech and Slovak Republics bilateral investment treaty. Completed.
China Heilongjiang International Economic & Technical Cooperative Corp., Beijing Shougang Mining Investment Company Ltd., and Qinhuangdaoshi Qinlong International Industrial Co. Ltd. v. Mongolia (Co-arbitrator, appointed by the Claimants, PCA Case No. 2010-20). Claims brought under the 1991 China-Mongolia bilateral investment treaty. Completed.
Joseph Houben v. Republic of Burundi (Co-arbitrator, appointed by the Claimant, ICSID Case No. ARB/13/7). Dispute relating to a real estate project. Claims brought under the 1989 Belgium-Luxembourg Economic Union-Burundi bilateral investment treaty. Completed.
Mamidoil Jetoil Greek Petroleum Products Societe Anonyme S.A. v. Republic of Albania (Co-arbitrator, appointed by the Respondent, ICSID Case No. ARB/11/24). Dispute relating to an oil storage and distribution project. Claims brought under the 1991 Greece-Albania bilateral investment treaty. Completed.

Described as a “world-class lawyer,” Yas Banifatemi regularly represents clients in big-ticket investment arbitrations as well as providing advice on complex questions of public international law. She demonstrates a global practice, taking on arbitrations involving Europe, Middle Eastern and African aspects. A client emphasises that “she is a master of her craft; her experience, diligence and strategic thinking are invaluable,” and goes on to say: “She is an exceptional lawyer with an extraordinary depth and breadth of experience.” – Arbitration Global Market Leader & Public International Law Global Market Leader – 2022 Chambers
Yas Banifatemi at Gaillard Banifatemi Shelbaya Disputes is “an excellent counsel and arbitrator, with a stellar reputation” among sources. They consider her “simply outstanding” and “one of the best of her generation, if not the best”. – Global Elite Thought Leader – 2022 Who’s Who Legal: Arbitration
Ranked as one of the 50 most influential French people in the world – 2021 Vanity Fair
A key figure of international arbitration, a renowned practitioner but also a law professor at Harvard, Yale and Paris Panthéon-Sorbonne, Yas Banifatemi takes the crown this year for “Arbitration – Litigation”. – Top 30 corporate lawyers of 2021 in Africa – 2022 Jeune Afrique
Paris-based Yas Banifatemi is a renowned international arbitration counsel and the global leader of the firm’s international arbitration practice group. She routinely represents North African states and companies in ICC, ICSID, UNCITRAL and CRCICA proceedings, among others, as part of her global practice. She demonstrates wide-ranging expertise, with notable proficiency in investor-state disputes. – Dispute resolution – Africa – 2021 Chambers.
Yas Banifatemi handles a broad caseload, demonstrating skill in investor-state arbitrations as well as experience on commercial disputes. She is praised by sources for her “thorough approach to problems,” further highlighting: “She is always making sure that every stone is turned, she is very proactive and creative in her solutions, which provides security for the client that everything has been checked and analysed, and she is always providing innovative advice.” – Arbitration Global Market Leader & Public International Law Global Market Leader – 2021 Chambers
Yas Banifatemi combines her excellent expertise in investor-state arbitration with an astute handling of a range of international commercial disputes. She is held in particularly high regard for her knowledge of disputes arising out of the energy, industrial manufacturing and telecoms sectors. An interviewee enthuses: “She is a very strong expert in PIL, has a wonderful reputation and is an excellent speaker. She is extremely loyal to her clients.” – Arbitration (International) – 2020 Chambers

Teaching

Visiting Lecturer in Law, Harvard Law School (2018–)
Visiting Lecturer in Law, Yale Law School (2014–)
Lecturer on International Investment Law, Panthéon-Sorbonne University (Paris I) (2006–)
Lecturer on International Arbitration, Sciences Po Law School (2022–)
Lecturer, The Hague Academy of International Law, Private International Law Session (Summer 2019; Summer 2022)
Director of Studies, The Hague Academy of International Law, Public International Law Session (Summer 2004)
Lecturer on Public International Law, Panthéon-Assas University (Paris II) (1994–96 and 1999–2000)

Affiliations

President of the International Arbitration Institute (IAI) (2021–Present)
Member, Court of Arbitration of the Singapore International Arbitration Center (SIAC) (2019–2024)
Member, SIAC Users Council (2017–2024)
Member, Arbitration Council of the Georgian International Arbitration Center (GIAC) (2020–)
Member, Advisory Board of the Mauritius International Arbitration Center (MIAC) (2021–)
Vice-President, ICC International Court of Arbitration (2015–2021)
Member, ICC Commission on Arbitration and ADR (2015–2021)
Member, LCIA Court (2015–2020)
Listed, ICSID Panel of Arbitrators (2017–23), appointed by the Chairman of ICSID’s Administrative Council
Listed, HKIAC Panel of Arbitrators (2016–21); SHIAC Panel of Arbitrators (2018–21); CIETAC Panel of International Investment Arbitrators (2018–20); ADGMAC Panel of Arbitrators (2020–)
Listed, Panel of Experts of the Recognised International Market Experts in Finance (P.R.I.M.E. Finance)
Founding member and Co-Secretary-General, International Academy for Arbitration Law (2011–13)
Member, Advisory Board, Journal of International Economic Law (2023-2026)
Member, Editorial Board, ICSID Review, Foreign Investment Law Journal (2012–14)
Member, Editorial Board, Yearbook on International Investment Law and Policy
Member, SIAC Drafting Sub-Committee on Arbitral Procedure and Powers of the Tribunal (including Early Dismissal) (2020–2021)
Member, P.R.I.M.E. Finance Arbitration Rules Drafting Committee (2020–2021)
Member, Editorial Board for the Revision of the Uruguayan Conciliation and Arbitration Center Rules (2018–)
Member, SCC Rules Revision Committee (2017)
Chair, Georgian International Arbitration Center (GIAC) Commission for Final Revision of the GIAC Arbitration Rules (2014–)
Member, World Bank’s Investing Across Borders (IAB)
Member, ILA Study Group on the Soft Law Instruments in Foreign Investment Law (2010–14)
Member, ILA Study Group on the Use of Private Law Principles for the Development of International Law
Member, IBA Investment Treaty Sub-Committee
Member, IBA Recognition and Enforcement of Arbitral Awards Sub-Committee
Member, Advisory Board, Africa International Legal Awareness (AILA)
Member, Advisory Board, Association of Young Arbitrators (AYA), Nigeria
Member, Advisory Board, Institute for Transnational Arbitration (ITA)
Expert, joint UNCITRAL-CIDS Expert Group meeting on possible reforms of investor-State dispute settlement
Member, International Arbitration Institute (IAI), Comité Français de l’Arbitrage (CFA), Swiss Arbitration Association (ASA), London Court of International Arbitration (LCIA)
Member, American Society of International Law (ASIL), European Society of International Law (ESIL) and French Society of International Law (SFDI)

Yas Banifatemi has written numerous articles on international arbitration and international law. She also regularly appears as a speaker, particularly on issues of investment arbitration and international law. Her publications include:

Books

Le pouvoir de l’arbitre, Collected Courses at The Hague Academy of International Law, forthcoming
Jurisdiction in Investment Treaty Arbitration, IAI Series on International Arbitration No. 8 (Y. Banifatemi ed., Juris Publishing, 2018)
Precedent in International Arbitration, IAI Series on International Arbitration No. 5 (Y. Banifatemi ed., Juris Publishing, 2008)
Annulment of ICSID Awards, IAI Series on International Arbitration No. 1 (E. Gaillard and Y. Banifatemi eds., Juris Publishing, 2004)

Articles

Chronique des sentences arbitrales, CIRDI, Journal du Droit International (Clunet), 2021– (with M. Shelbaya)
“National Legal Orders and Arbitral Legal Order: conflict or coordination,” in The Hague Academy’s Lectures on Emmanuel Gaillard’s Legacy / Les Conférences de l’Académie sur l’héritage scientifique d’Emmanuel Gaillard 83 (Brill/Nijhoff, 2023)
“Jurisdiction of the Centre – Article 25(1),” in The ICSID Convention, Regulations and Rules – A Practical Commentary 102 (J. Fouret, R. Gerbay, G.M. Alvarez eds., Edward Elgar Publishing, 2019) (with E. Edson)
“Jurisdictional Immunity of States – Commercial Transactions,” in The Cambridge Handbook of Immunities and International Law 125 (T. Ruys, N. Angelet, L. Ferro eds., Cambridge University Press, 2019)
“Taking Into Account Control Under Denial of Benefits Clauses,” in Jurisdiction in Investment Treaty Arbitration, IAI Series on International Arbitration No. 8, at 223 (Y. Banifatemi ed., Juris Publishing, 2018)
“The Law Applicable in Investment Treaty Arbitration,” in Arbitration under International Investment Agreements: A Guide to the Key Issues 485 (K. Yannaca-Small ed., Oxford University Press, 2nd ed. 2018)
“Expedited Proceedings in International Arbitration,” in Expedited Procedure in International Arbitration 9 (L. Lévy and M. Polkinghorne eds., ICC Publ. No. 793E, 2017)
“Russie – Affaire Ioukos – Tribunal de Première Instance de La Haye, jugement d’annulation du 20 avril 2016 dans l’affaire Ioukos : le régime de l’application provisoire du Traité sur la Charte de l’Energie de 1994,” 120(3) Revue Générale de Droit International Public 629 (2016)
“The Long March towards a Jurisprudence Constante on the Notion of Investment, Salini v. Morocco, ICSID Case No ARB/00/4,” in Building International Investment Law – The First 50 Years of ICSID 97 (M. Kinnear et al. eds., Kluwer, 2015) (with E. Gaillard)
“Compétence et recevabilité dans le droit de l’arbitrage en matière d’investissements,” in Droit international des investissements et arbitrage transnational 773 (C. Leben ed., Pedone, 2015) (with E. Jacomy)
“The Impact of Corruption on ‘Gateway Issues’ of Arbitrability, Jurisdiction, Admissibility and Procedural Issues,” in Addressing Issues of Corruption in International Commercial and Investment Arbitration 16 (D. Baizeau and R. Kreindler eds., ICC Publ. No. 768E, 2015)
“France,” in Commentaries on Selected Model International Investment Treaties (C. Brown and D. Kirshnan eds., 2014) (with A. von Walter)
“Consistency in the interpretation of substantive investment rules: is it achievable?,” in Prospects in International Investment Law and Policy, Proceedings of the World Trade Forum 2011, at 200 (R. Echandi and P. Sauvé eds., Cambridge University Press, 2013)
“La regla de prioridad: ¿Una prioridad en América Latina?,” in Cuestiones claves del arbitraje internacional 81 (E. Gaillard and D. Fernández Arroyo eds., 2013)
“Unresolved Issues in Investment Arbitration,” in Modern Law for Global Commerce – Proceedings of the Congress of the United Nations Commission on International Trade Law held on the Occasion of the Fortieth Session of the Commission, Vienna, 9-12 July 2007, at 416 (United Nations Publ. No. V.09-8930, 2011)
“Provisional Application of the Energy Charter Treaty: The Negotiating History of Article 45,” in Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty 191 (G. Coop ed., Juris, 2011)
“Mapping the Future of Investment Treaty Arbitration as a System of Law – Remarks,” in American Society of International Law – Proceedings of the 103rd Annual ASIL Meeting 323 (2010)
“Defending Investment Treaty Awards: Is There an ICSID Advantage?,” in 50 Years of the New York Convention, ICCA Congress Series No. 14, at 318 (2009)
“The Emerging Jurisprudence on the Most-Favoured-Nation Treatment in Investment Arbitration,” in Investment Treaty Law: Current Issues III, at 241 (A. Bjorklund, I. Laird and S. Ripinsky eds., BIICL, 2009)
“Negative Effect of Competence-Competence: The Rule of Priority in Favour of the Arbitrators,” in Enforcement of Arbitration Agreements and International Arbitral Awards – The New York Convention in Practice 257 (E. Gaillard and D. Di Pietro eds., Cameron May, 2008) (with E. Gaillard)
“Le ‘droit au juge’ et l’arbitrage commercial international,” in Libertés, Justice, Tolérance – Mélanges en hommage au Doyen Gérard Cohen-Jonathan (Bruylant ed., 2004)
“Introductory note to ICSID: Salini Costruttori SpA & Italstrade SpA v. Kingdom of Morocco (Proceeding on Jurisdiction),” 42 International Legal Materials 606 (2003) (with E. Gaillard)
“The meaning of ‘and’ in Article 42(1), second sentence, of the Washington Convention – The role of international law in the ICSID choice of law process,” 18 ICSID Review 375 (2003) (with E. Gaillard)
“Le nouveau droit de l’arbitrage interne aux Etats-Unis (Revised Uniform Arbitration Act de 2000): La persistance des particularismes,” 2003(4) Revue de l’arbitrage 1195
“La lutte contre le financement du terrorisme international,” 2002 Annuaire Français de Droit International 103
“La restitution des avoirs juifs en déshérence sous l’angle du droit international public,” 1998 Annuaire Français de Droit International 76
Collaboration with Professor Emmanuel Gaillard on his International Arbitration column in the New York Law Journal:
- - “‘Biwater,’ Classic Investment Bases: Input, Risk, Duration” (Dec. 31, 2008)
  - “Court-ordered Measures in Arbitral Discovery” (Dec. 13, 2007)
  - “The Representations of International Arbitration” (Oct. 4, 2007)
  - “The Denunciation of the ICSID Convention” (June 26, 2007)
  - “Extent of Court Review of Public Policy” (Apr. 5, 2007)
  - “A Black Year for ICSID” (Mar. 1, 2007)
  - “Autonomy of International Arbitration” (Dec. 14, 2006)
  - “ICC Pre-Arbitral Referee: A Procedure Into Its Stride” (Oct. 5, 2006)
  - “Switzerland Says Lis Pendens Not Applicable to Arbitration” (Aug. 7, 2006)
  - “Amended Arbitration Rules Now in Effect for Investment Disputes” (June 1, 2006)
  - “Prima Facie Review of Existence, Validity of Arbitration Agreement” (Dec. 1, 2005)
  - “Treaty-Based Jurisdiction: Broad Dispute Resolution Clauses” (Oct. 6, 2005)
  - “Establishing Jurisdiction Through a Most-Favored-Nation Clause” (June 2, 2005)
  - “Energy Charter Treaty: International Centre for Settlement Decision” (Apr. 7, 2005)
  - “The IBA Guidelines on Conflicts of Interest in International Arbitration” (June 3, 2004)
  - “Arbitration-Agreement Recognition: N.Y. Convention, National Law” (Dec. 8, 2003)
  - “‘KBC v. Pertamina’: Landmark Decision on Anti-Suit Injunctions” (Oct. 2, 2003)
  - “The First Association of Southeast Asian Nations Agreement Award” (Aug. 7, 2003)