Investments and Investors Covered by the ECT and other Investment Protection Treaties - Chapter 2 - Investment Arbitration and the Energy Charter Treaty

Author(s): 
Antonio R. Parra
Emmanuel Gaillard
Stephen R. Jagusch
Anthony Sinclair
Page Count: 
54 pages
Published: 
June, 2006
Practice Areas: 
Author Detail: 

Antonio R. Parra, Visiting Professor, Faculty of Laws, University College London

Antonio R. Parra is Visiting Professor, Faculty of Laws, University College London. He is also Secretary General of the International Council for Commercial Arbitration and Editor-in-Chiefof the ICSID Review - Foreign Investment Law Journal.

From 1999 to 2005, Professor Parra was Deputy Secretary-General for the International Centre of Investment Disputes (ICSID), and from 1990 to 1999 he was Legal Adviser, ICSID. His earlier positions include Senior Counsel, ICSID; Senior Counsel, World Bank; Counsel, World Bank and Assistant Legal Counsel, OPEC Fund for International Development.

Emmanuel Gaillard, Partner, Head of the International Arbitration Group, Shearman & Sterling LLP, Paris; Professor of Law, University of Paris XII

Emmanuel Gaillard heads Shearman & Sterling’s International Arbitration Group. He has represented major corporations, governments and government-owned entities in over 200 international arbitration cases (with emphasis on oil and gas, foreign investment, construction, telecommunications, mergers and acquisitions and environmental disputes). His litigation experience includes a broad range of commercial cases before the French courts, as well as extensive work on financial and securities litigation matters. He has also acted as sole arbitrator, party-appointed arbitrator or chairman in more than 40 international arbitrations.

Mr. Gaillard is a Professor of Law and teaches international arbitration and private international law at the University of Paris XII. He has published extensively on international arbitration and private international law.

Stephen Jagusch, Partner, Allen & Overy LLP, London

Stephen Jagusch is a partner at Allen & Overy LLP specialising in commercial and investment treaty arbitration. He has acted as advisor and advocate in dozens of ad hoc and institutional international arbitrations conducted in many countries across the world and subject to a wide variety of governing substantive and procedural laws. A great many of his cases have been for or against sovereign states or substantial multinational organisations, and in recent years he has become a recognised expert in the field of ICSID arbitration and disputes arising under bilateral or multilateral investment treaties. In addition to acting as adviser and advocate, he is regularly appointed as sole arbitrator, chairman or co-arbitrator in international arbitrations, both institutional and ad hoc. Mr. Jagusch has lectured extensively on international arbitration around the world.

Anthony Sinclair, Associate, Allen & Overy LLP, London

Anthony Sinclair is an associate in the International Arbitration Group of Allen & Overy LLP, and a Barrister and Solicitor of the High Court of New Zealand. He has acted in ICC, UNCITRAL and ICSID arbitration proceedings, with notable experience in the latter. Mr. Sinclair has acted for CDC Group PLC, successfully defending an annulment application brought by the Republic of Seychelles regarding an award upholding sovereign guarantees, and presently represents the United Arab Emirates in another ICSID annulment proceeding. He has acted in UNCITRAL arbitration proceedings in claims against an African state and presently represents a Dutch investor in a BIT claim against the Czech Republic. Mr. Sinclair regularly advises on issues of public international law focusing on the substantive and procedural issues of investor-state arbitration under the 1994 Energy Charter Treaty and other bilateral investment protection treaties.

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