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Pinsolle, Philippe

Philippe Pinsolle

Head of international arbitration for continental Europe

philippepinsolle@quinnemanuel.com

Geneva
Rue du Général Dufour, 22
c/o Lawffice Case Postale 315
CH - 1211 Geneva 4
Switzerland

Philippe Pinsolle is the head of international arbitration for continental Europe and is based in the firm's Geneva office.

He has over twenty-five years of experience as a counsel, expert, and arbitrator in international arbitration. He has acted as counsel in more than 300 international arbitrations and as arbitrator in more than 70 cases, with a particular focus on Investor-State arbitrations and commercial disputes involving the energy, power, oil & gas, construction, and defense industries. He has been involved in arbitrations under the auspices of virtually all major arbitration institutions including the ICC, the LCIA, the ICSID, the SCC, the AAA, the ICDR, the Swiss Chambers of Commerce, the AFA, the ADCCAC, as well as in ad hoc cases under the UNCITRAL rules or otherwise. Philippe holds an M.B.A from ESSEC in addition to his dual legal qualification as a French avocat a la cour as well as an English barrister. He is recognized universally as one of the arbitration lawyers (acting as arbitrator or counsel) that best understands quantum issues.

Philippe a member of the Court of Arbitration of Singapore International Arbitration Center (SIAC) since 2019.  In that capacity, he has developed an intimate knowledge of the internal functioning of this institution, having served on multiple occasions in ad hoc committees tasked with making decisions under the SIAC Rules on prima facie jurisdiction, consolidation in particular.   He is also the current President of the French Arbitration Committee and a former senior co-chair of the IBA arbitration committee. He is an Advisor of the International Advisory Board (IAB) of the Thailand Arbitration Center (THAC).

Since 2021, Chambers Europe-Wide ranking Philippe Band 1. He was also distinguished by Who's Who Legal as belonging to the Global Elite of thought leaders. Chambers Global reports that clients have described him as an "outstanding strategist", "He's very sharp" with a "great tactical sense:' Chambers Global adds that his "pragmatic approach, great intellect, and technical prowess set him apart; Phillippe is a great orator:" Philippe has also been praised as an "oil and gas specialist:' Additionally, Chambers Europe reports clients highlighting his strategic approach, noting: "He can think years ahead and determine what is needed to be done right now", "He is a big figure in the arbitration space" Market commentators also stated that "Philippe Pinsolle is a class act, no question about it," "Philippe is a great orator," "He's very sharp." Global Arbitration Review wrote in its GAR 100 Survey that "Philippe Pinsolle is by many accounts a leader in his generation in Paris - possibly the leader" and Who's Who Legal wrote that "Philippe Pinsolle is "a big player in both commercial and investment-treaty arbitrations" according to sources who note, "He is one of the absolute masters in the field." He is regarded as "a great oral advocate" who is "one of the most impressive names around at the moment."'

In January 2012, Philippe was awarded the Swiss Arbitration Association's ASA Prize for Advocacy in International Commercial Arbitration. In early 2014, he was recognized by Best Lawyers as a leading practitioner in Arbitration & Mediation and International Arbitration. In October 2014, he was awarded the French Arbitration Counsel of the Year prize at the Benchmark and Expert Guides Global Arbitration Awards. In December 2014, Philippe was named Energy Dispute Resolution Lawyer of the Year in France at the Corporate /NTL Legal Awards 2015. He was named Lawyer of the Year for Arbitration and Mediation by Best Lawyers 2016. He is ranked "excellent" and identified as a renowned arbitrator (France Best Arbitrators, Leaders League Ranking Series 2016). He was also ranked in this publication for Africa-wide Dispute Resolution and Global-wide Public International Law.

  • Counsel to the African affiliates of major American and Asian oil & gas corporations. The dispute arose out of a statistical tax that the government is trying to impose on the export of crude oil by the claimants in breach of a tax stabilization agreement found in the Production Sharing Agreement. Local law, as stabilized by conventions entered into by the parties, applies.  The claim has not yet been quantified but it is expected to exceed USD 1.5 billion.
  • Counsel to the EPC contractor in an arbitration under the Finnish Arbitration Institute Rules resulting from the termination of an EPC contract for the construction of a power plant in Finland. A number of defect claims are being defended.  More than EUR 500 million is in dispute. (Philippe)
  • Counsel to a European energy company against another European energy company in a dispute arising out of a suite of contract for various gas and LNG swap transactions. This is an ad hoc arbitration under the UNCITRAL Rules, seated in New York.  The laws applicable to the merits are New York law and Spanish law.  The amount of the dispute is in excess of USD 300 million.
  • Counsel to a European energy company in an ICC arbitration arising from another European energy company’s failure to deliver LNG in accordance with its contractual obligations. The governing law is the law of England and Wales.  The arbitration is seated in London.  The amount in dispute is in excess of USD 250 million.
  • Counsel to a North African NOC in a price review arbitration against a leading European gas supplier arising out of a long term gas sale and purchase agreement. The arbitration is conducted under the Rules of the ICC and the seat of the arbitration is Geneva. Local law applied to the merits. The amount of the dispute was in excess of USD 750 million.
  • Counsel to a European buyer in an ICC arbitration in London against a European seller. The dispute arose out of a long-term gas purchase agreement and revolves around the disconnect between the price formula and the market price. English law applied.
  • Counsel to a major European energy company in a dispute arising from its termination of a medium-term take-or-pay gas supply agreement entered into with a major European gas seller. The agreement was governed by New York law and subject to ICC arbitration with a seat in Geneva. The seller claims totaled USD 100 million. In a recent award, an arbitral tribunal sided with our client on every issue, rejected all of the seller’s claims and thus confirmed the validity of the termination.
  • Counsel to a French energy company and buyer, in an ICC price review arbitration against an Italian energy company. The dispute arose from a long-term gas supply agreement and was related to the French end-user gas market. The seat of the arbitration was Lausanne. French law applied.
  • Counsel to a leading European energy company in a price-reopener dispute concerning a contract for the supply of gas into the French market, and another leading energy company in a separate price review dispute concerning a different contract for the supply of gas into the Spanish market.
  • Counsel to an African National Oil Company in a major arbitration in relation with the construction and exploitation of an oil and gas plant. The dispute arose out of additional costs allegedly incurred by the contractor during the execution of the project. The dispute exceeds USD 300 million and relates to an infrastructure project which value is in excess of USD 1.7 billion. The seat of the arbitration is Paris.
  • Counsel to a European gas buyer in a major gas supply dispute against a European gas seller in connection with a long-term gas supply agreement in the Italian gas market. The dispute arose out of a price review under a 35-year contract. The dispute exceeds EUR 1 billion. The seat of the arbitration is Geneva. Italian law applies.
  • Counsel to the subsidiary of a European energy company in an arbitration and expert determination proceedings against another European energy company in connection with a long­ term gas supply agreement. The dispute revolves around the interpretation of the price review provision and the respective scopes of the arbitration and the expert determination proceedings. The amount at stake is EUR 400 million. French law applies.
  • Counsel to the African affiliates of major American and Asian oil & gas corporations. The dispute arose out of a statistical tax that the government is trying to impose on the export of crude oil by the claimants in breach of a tax stabilization agreement found in the Production Sharing Agreement. Local law, as stabilized by conventions entered into by the parties, applies. The claim has not yet been quantified but it is expected to exceed USD 1.5 billion.
  • Counsel to a European energy company, as buyer in an arbitration against another European energy company in connection with a gas supply agreement. The dispute revolves around the validity of the termination of the agreement by application of a hardship provision. The dispute relates to the French gas market. New York State law applies.
  • Counsel to a European energy company in a EUR 700 million ICC arbitration against a financial institution arising out of a failed joint-venture project in Central Europe. Italian law applied. A favorable settlement was achieved.
  • Counsel to a European power producer as Claimant in an UNCITRAL arbitration against an Eastern European State as Respondent. The arbitration was seated in Zurich and administered by the Permanent Court of Arbitration (PCA) in The Hague. The dispute arose from the termination of the Power Purchase Agreements put in place during the privatisation of the electricity sector and the claims were brought under the Energy Charter Treaty. The arbitral tribunal ordered the State to pay damages in excess of EUR 100 million to the power producer.
  • Counsel to a French energy company and buyer, in an ICC price review arbitration against an Italian energy company. The dispute arose from a long-term gas supply agreement and was related to the French end-user gas market. The seat of the arbitration was Lausanne. French law applied.
  • Counsel to SAUR International SA as Claimant in an ICSID case against the Republic of Argentina (ICSID Case No. ARB/04/4). A partial award had been rendered, confirming that Argentina committed expropriation and the final award rendered was a complete victory for SAUR. The dispute arose out of the expropriation of SAUR's 32.87% interest in OSM, an Argentinean company that held a water concession in the province of Mendoza. The expropriation took place in two phases, first during the emergency period in 2002 in Argentina, and, second physically with the appointment of a local trustee in 2009 after amicable discussions between the parties failed. This is a significant case delimiting the limits of police powers and constituting a warning against cloaking nationalizations under alleged administrative sanctions.
  • Counsel to the Democratic Republic of Algeria in an ICSID arbitration initiated by Maersk Olie, Algeriet A/S (ICSID Case No. ARB/09/14). The arbitration, which was brought under the Algeria­ Denmark bilateral investment treaty, was in relation to windfall profit tax in the context of a production-sharing contract. Over USD 3 billion was at stake. A settlement was achieved.
  • Counsel to Sonatrach as Respondent in an UNCITRAL arbitration in Geneva initiated by Anadarko Algeria Co. LLC and Maersk Olie, Algeriet A/S. The dispute was in relation to the interpretation of contractual provisions regarding windfall profit tax and tax stabilization provisions in the context of a production sharing contract. Over USD 11 billion was at stake. A settlement was achieved.
  • International Arbitration
  • Energy Sector Disputes
  • Construction Litigation
  • ESSEC, (Ecole Supérieure des Sciences Economiques et Commerciales)
    (M.B.A., 1989)
  • University of Paris II Panthéon-Assas
    (Maîtrise in Private Law), 1991)
  • Hertford College, Oxford University
    (MJur, 1995)
  • A Barrister, England and Wales
  • The Bar of Paris
  • French
  • English
  • Spanish
  • Shearman & Sterling LLP, Paris:
    • Partner, 2001-2012
    • Associate, 1991-2001
  • Legal 500 EMEA 2024: Switzerland-in Dispute Resolution: International Arbitration - Practice Head
  • Legal 500 EMEA 2023-2024: France-in Dispute Resolution: International Arbitration Tier 1- Hall of Fame
  • Chambers Europe 2024 - International Arbitration (Europe-wide): Individual ranking: Band 1
  • Chambers Global 2024 - Dispute Resolution (Africa-wide): Individual ranking: Band 2
  • Chambers Global Market Leaders 2024 - Arbitration: Individual ranking: Band 2 
  • Chambers Europe 2024 - International Arbitration (France) 
  • Recognized by Benchmark Litigation as a “Litigation Star”, 2024
  • Lawdragon 500 Leading Global Litigators Guide, International Arbitration, 2023
  • Named one of The Best Lawyers in Switzerland, 2020 and 2024 in Arbitration, Mediation, and International Arbitration
  • Chambers Europe 2023 - International Arbitration (Europe-wide): Individual ranking: Band 1
  • Recommended for International Arbitration by Leaders League 2023 Switzerland.
  • Ranked for Who’s Who Legal: Arbitration, 2023
  • Named a Global Leader in Arbitration by Who's Who Legal, 2022
  • Chambers Europe 2021 - International Arbitration (Europe-wide): Individual ranking: Band 1
  • The Best Lawyers in Switzerland, 2020, Named Practice Head; Leading Individual in Dispute Resolution: International Arbitration (Tier 1)
  • Named by Who's Who Legal, 2020, as a Thought Leaders in Arbitration, National Leader in Energy
  • (Switzerland}, National Leader in Arbitration (Switzerland), Global Leader in Energy Named by Who's Who Legal, 2019, Thought Leaders Global Elite - Arbitration
  • Leaders League, 2019, lncontournable en Arbitrage International (Decideurs's Contentieux & Arbitrage guide)
  • Named a Best Lawyer by Who's Who Legal in Arbitration, 2019
  • Chambers Global 2018 - International Arbitration (Global-wide): Individual ranking: Band 1
  • General Editor, Global Arbitration Review: The Guide to Advocacy, Law Business Research Ltd, London
  • General Editor, The French International Arbitration Law Report: 1963-2007, 2008, 2009, forthcoming 2010 and 2011, Juris Publishing (with T. Clay)
  • General Editor, Les Cahiers de /'Arbitrage/The Paris Journal of International Arbitration (with C. Kaplan)
  • Co-editor, TOWARDS A UNIFORM INTERNATIONAL ARBITRATION LAW?, IAI SERIES ON INTERNATIONAL ARBITRATION NO. 3 (Juris Publishing, 2005)
  • A French View on the Application of the Arbitration Agreement to Non-Signatories, in THE EVOLUTION AND FUTURE OF INTERNATIONAL ARBITRATION, under the editorship of Stravos Brekoulakis, Julian Lew QC and Loukas Mistelis, (Kluwer Law International, vol 37, 2016)
  • A Call to Open the ICC Emergency Arbitrator Procedure to Investment Treaty Cases, in INTERNATIONAL ARBITRATION UNDER REVIEW- ESSAYS IN HONOUR OF JOHN BEECHEY (ICC Pub. N°. 772E, 2015)
  • Enforcement of Interim Relief in Investor/State Arbitration, in ENFORCEMENT OF INVESTMENT TREATY ARBITRATION AWARDS: A GLOBAL GUIDE, Julien Fouret, Castaldi Mourre, Consulting editor, Globe Law and Business (February 2015) (with T. Voisin)
  • ABC/ Investments Limited v Republic of Tunisia: How Explicit Must Be the Investor's Consent to Arbitration?, ICSID Review 29, no. 3: 548-58 (October 2014)
  • The EC as a Respondent in ECT Arbitration, in INVESTMENT TREATY LAW CURRENT ISSUES, Vol. IV (BIICL publication, 2013)
  • Obligation de revelation et issue conflicts, Note following CA Paris, 10 March 2011(EURL Tesco), CA Paris 10 March 2011(Nykcool AB); CA Paris 1 July 2011(SA Sobrior) and Cass. 1ere civ., 29 June 2011(Papillon Group Corp.), PETITES AFFICHES, 11-14 November 2011, No. 225-26, at 14
  • Le flnancement de l'arbitrage par /es tiers, 2011(2) REVUE DE L'ARBITRAGE 385
  • Selected Nationality Issues in ECT Arbitration, in UBER AMICORUM BERNARDO CREMADES 965 (M.A. Fernandez-Ballesteros and D. Arias eds., La Ley, 2010)
  • Les problèmes caches de la proposition de suppression de l'exception d'arbitrage du Reglement 44/2001, 2010(1) CAHIERS DE L'.ARBITRAGE/PARISJOURNALOF INTERNATIONAL ARBITRATION 31
  • The Proposed Reform of Regulation 44/2001: A Poison Pill for Arbitration in the European Union, 12(4) INTERNATIONAL ARBITRATION LAW REVIEW 62 (2009)
  • Recent Significant French Judicial Decisions Involving International Arbitration, in CONTEMPORARY ISSUES IN INTERNATIONAL ARBITRATION AND MEDIATION -THE FORDHAM PAPERS 2008, at 109 (A.W. Ravine ed., Martinus Nijhoff, 2009)
  • The Status of Vacated Awards in France: The Cour de Cassation Decision in Putrabali, 24(2) ARBITRATION INTERNATIONAL 277 (2008)
  • The dispute resolution provisions of the Energy Charter Treaty, 10(3) INTERNATIONAL ARBITRATION LAW REVIEW 82 (2007)
  • 'Manifest' Excess of Power and Jurisdictional Review of ICSID Awards, in INVESTMENT TREATY LAW 51 (F. Ortino, A. Sheppard and H. Warner eds., BIICL publication, 2006)
  • Damages in Investment Arbitration-Are the Standards different from Commercial Arbitration?-The Need for Consistency, 6(1) JOURNAL OF WORLD INVESTMENT 45 (2005)
  • Jurisdictional review of ICSID Awards, 5 JOURNAL OF WORLD INVESTMENT 613 (August 2004)
  • The ICC Pre-Arbitral Referee; First Practical Experiences, 20(1) ARBITRATION INTERNATIONAL 13 (2004) (with E. Gaillard)
  • Private Enforcement of European Community Competition Rules by Arbitrators, 7(1) INTERNATIONAL ARBITRATION LAW REVIEW 14 (2004)
  • Advocacy in International Commercial Arbitration in France, in THE ART OF ADVOCACY IN INTERNATIONAL ARBITRATION 133 (R.D. Bishop ed., 2004) (with E. Gaillard)
  • Court Appointed Arbitrator: French Courts Expand Jurisdiction to Avoid Denial of Justice, 17(6) INTERNATIONAL ARBITRATION REPORT 35 (June 2002)
  • For a full list of publications, see http://www.iaiparis.com
  • Arbitrator, Court of Arbitration of the Abu Dhabi International Arbitration Centre
  • Advisor, Thailand Arbitration Center (“THAC”) International Advisory Board
  • Member, SIAC Court of Arbitration
  • Member, Association of International Petroleum Negotiators (AIPN)
  • Co-Chair, IBA Arbitration Committee
  • Member, Executive Committee, Swedish Arbitration Association
  • General Editor, Les cahiers de l’arbitrage/The Paris Journal of International Arbitration, (with C. Kaplan)
  • Member, Editorial Board, International Arbitration section, International Business Law Journal / Revue du Droit des Affaires Internationales
  • Lecturer on international arbitration, University of Aix-Marseille III, Institut de Droit des Affaires, University of Versailles – Saint-Quentin and University of Montpellier
  • Member, Comité Français de l’Arbitrage (CFA)
  • Member, Swiss Arbitration Association (ASA)
  • Member, London Court of International Arbitration (LCIA)
  • Member, International Arbitration Institute (IAI)
  • Co-Founder, Young Arbitration Practitioners (YAP)
  • President, UIA (Union Internationale des Avocats), Commission on International Arbitration (2005–07)