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Pinsolle, Philippe

Philippe Pinsolle

Partner

  Biography

Philippe Pinsolle is the head of arbitration for continental Europe.  He has acted as counsel in more than 220 international arbitrations, 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, as well as in ad hoc cases under the UNCITRAL rules or otherwise.  Philippe Pinsolle has also served as arbitrator in more than 45 cases, as well as expert witness on arbitration and French law issues.

Chambers Global reports that clients have described him as an “outstanding strategist” with a “great tactical sense.” Chambers Global adds that his “pragmatic approach, great intellect and technical prowess set him apart.” Philippe has also been praised as an “oil and gas specialist.” 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 the Who’s Who Legal wrote that “Philippe Pinsolle is commended for his ‘marvellous advocacy’.” 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 INTL Legal Awards 2015. Most recently, 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). In 2017, he was ranked Band 1 for International Arbitration, Europe-wide, and Band 1 for Dispute Resolution, France by Chambers Europe.

  Notable Representations

  • Counsel to two Lebanese nationals, Messrs Ayoub-Farid Michel Saab and Fadi Michel Saab, who are the ultimate owners of FBME Bank, in an ICC arbitration against the Republic of Cyprus following a series of actions by the Central Bank of Cyprus aiming at taking control of the assets of FBME’s branch in Cyprus with a view to selling them.  The dispute exceeds USD 500 million.  This arbitration is brought under the Cyprus-Lebanon Bilateral Investment Treaty.
  • 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 French energy company in an ICC arbitration against a Swiss energy supplier in connection with a long-term cooperation agreement.  The dispute revolved around the changes that have occurred in the European electricity market and the parties’ obligation to adapt their cooperation agreement.  The seat of the arbitration was Geneva.  French law applied.
  • 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 West African energy company as Respondent in an UNCITRAL arbitration in Geneva initiated by a European energy company in order to take into account major changes in the buyer’s market. The dispute arose from the revision of a price formula in two long-term contracts for the sale of liquefied natural gas. English law applied.  A settlement was achieved by the parties.
  • 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 European energy company, as buyer in a long-term gas supply agreement, in an ICC arbitration in London against another European energy company.  The dispute arose out of a long-term gas purchase agreement and included issues of disconnect between the price formula and the market price. English 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 Mærsk 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 Mærsk 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.

  Education

  • 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)

  Admissions

A Barrister, England and Wales; The Bar of Paris

  Languages

  • French
  • English
  • Spanish

  Prior Associations

  • Shearman & Sterling LLP, Paris:
    • Partner, 2001-2012
    • Associate, 1991-2001

  Awards

  • Named a Thought Leader by Who's Who Legal in Arbitration, Mediation and Energy, 2018
  • Chambers Europe 2017 - International Arbitration (Europe-wide)
    Individual ranking: Band 1
  • Chambers Europe 2017 - Dispute Resolution (France)
    Individual ranking: Band 1
  • Named a Leader by Who’s Who Legal in Arbitration, 2017
  • Chambers Europe 2016 - International Arbitration (Europe-wide)
    Individual ranking: Band 2 
  • Chambers Europe 2016 - Dispute Resolution (France)
    Individual ranking: Band 1
  • Leaders League in France 2016 Ranking Series
    Philippe Pinsolle is listed within the band "excellent" in France Best Arbitrators, International Report & Directory Series 2015-2016
    "with an excellent tactical sense"
  • The Best Lawyers in France 2016
    Recognized in practice areas: Arbitration and Mediation, and International Arbitration
  • ACQ5, Law Awards 2016
    Energy Dispute Resolution Lawyer of the Year in France
  • Best Lawyers 2016
    Lawyer of the Year for Arbitration and Mediation
  • Corporate INTL Legal Awards 2015
    Energy Dispute Resolution Lawyer of the Year in France 
  • Benchmark and Expert Guides 2014 Global Arbitration Awards
    France Arbitration Counsel of the Year 
  • Chambers Global 2014 – International Arbitration (Global)
    Individual Ranking: Band 2
  • Chambers Global 2014 – International Arbitration (Europe-wide)
    Individual Ranking: Band 2
    “A highly rated individual in the French arbitration market, Paris-based Philippe Pinsolle ‘knows the world of arbitration inside-out, and is extremely quick.’ Pinsolle is recognised across the continent for his prominence in oil and gas-related cases, with a particular focus on disputes involving African clients.” 
  • Chambers Global 2014 – International Arbitration (France)
    Individual Ranking: Band 2
    “Managing partner Philippe Pinsolle of Quinn Emanuel Urquhart & Sullivan receives excellent market feedback: ‘He always has full control of the situation and transmits to the client a sense of calm. He’s extremely good and very bright. It’s a pleasure to work with him.’ He also acts as an arbitrator.”
  • Best Lawyers 2014
    Leading practitioner in Arbitration & Mediation and International Arbitration 
  • Swiss Arbitration Association (ASA) 2012
    ASA Prize for Advocacy in International Commercial Arbitration  
  • Chambers Global 2011 – International Arbitration (Global)
    Chambers Global 2011 – International Arbitration (Europe-wide)
    Individual Ranking: Band 2
    “Philippe Pinsolle is a universally respected international arbitrator and an invaluable member of the Shearman team. This ‘sharp and perceptive’ lawyer offers ample experience, especially in investor-state arbitrations involving construction, energy and defence.”
  • Chambers Global 2010 – International Arbitration (Global)
    Chambers Global 2010 – International Arbitration (Europe-wide)
    Individual Ranking: Band 2
    “Philippe Pinsolle has a background in energy arbitration, though his focus has now expanded to include a broader range of sectors. He is increasingly involved in investment treaty arbitrations, giving him a very broad and balanced practice.” 
  • Chambers Global 2010 – Dispute Resolution: International Arbitration (France)
    Chambers Europe 2010 – Dispute Resolution: International Arbitration (France)
    Individual Ranking: Band 2
    “Philippe Pinsolle’s . . . pragmatic approach, great intellect and technical prowess set him apart.”
  • Chambers Global 2009 – International Arbitration (Global)
    Chambers Global 2009 – International Arbitration (Europe-wide)
    Individual Ranking: Band 2
    “Commentators admire [Philippe Pinsolle] as ‘the type of lawyer who would never overload a matter – he can handle massive arbitrations with just himself and an associate, making the outfit more effective and much better value.’”
  • Chambers Global 2009 – Dispute Resolution: International Arbitration (France)
    Chambers Europe 2009 – Dispute Resolution: International Arbitration (France)
    Individual Ranking: Band 2
    “Oil and gas specialist Philippe Pinsolle is singled out for his ‘great tactical sense.’ This ‘outstanding strategist’ represents a throng of international leaders in the energy field.”
  • Global Arbitration Review – GAR 100 Firms
    “Philippe Pinsolle is by many accounts a leader in his generation in Paris – possibly the leader. He was included in GAR’s ‘45 Under 45’ survey.”

Publications and Lectures

  • General Editor, Global Arbitration Review: The Guide to AdvocacyLaw 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 l’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)
  • ABCI 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 révélation 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. 1ère civ., 29 June 2011 (Papillon Group Corp.), PETITES AFFICHES, 11-14 November 2011, No. 225-26, at 14
  • Le financement de l'arbitrage par les tiers, 2011(2) REVUE DE L'ARBITRAGE 385
  • Selected Nationality Issues in ECT Arbitration, in LIBER AMICORUM BERNARDO CREMADES 965 (M.A. Fernandez-Ballesteros and D. Arias eds., La Ley, 2010)
  • Les problèmes cachés de la proposition de suppression de l’exception d’arbitrage du Règlement 44/2001, 2010(1) CAHIERS DE L’ARBITRAGE/PARIS JOURNAL OF 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. Rovine 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

Professional Activities

  • Vice-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)