Emmanuel Jacomy is a partner in the International Arbitration practice, based in Beijing and Singapore.

Emmanuel has extensive experience advising and representing companies, State-owned entities and governments in international commercial and investment treaty arbitrations under all major arbitration rules (including ICSID, ICC, HKIAC, LCIA, SIAC and UNCITRAL), with focus on investment, oil & gas, energy and mining disputes, as well as disputes having a Chinese and African nexus. He is an Adjunct Professor at the University of International Business and Economics (UIBE) in Beijing. He also acts as an arbitrator.

Peers have described Emmanuel as “one of the brightest arbitration practitioners” of his generation. Clients also praise him for being “an extremely bright lawyer”, “quick on his feet” and “attentive to the needs of Chinese clients”, whose “expertise in investment treaty arbitration and public international law background are highly regarded”. Emmanuel is featured in Chambers, Legal 500 as well as in Who’s Who Legal: Arbitration Future Leaders – 2020, which profiles the foremost practitioners in the global arbitration community aged 45 and under.

Emmanuel was recently appointed to the Expert Advisory Committee of the International Institute for Dispute Settlement Prevention (IIDPS), jointly established by the China Council for the Promotion of International Trade (CCPIT) and the Beijing Institute of Technology (BIT). He speaks English, French and Mandarin Chinese.

• The People’s Republic of China in an ICSID arbitration brought by Hela Schwarz GmbH (ICSID Case No. ARB/17/19). The claims are brought under the China-Germany bilateral investment treaty.
• A North American subsidiary of a European energy company, Respondent in an ICC arbitration in New York initiated by a North American energy company. The dispute arises from the implementation of a put agreement between the parties. New York law applies.
• A Pakistani Independent Power Producer (IPP) in an ICC arbitration in Singapore against a Pakistani State-owned entity. The dispute arises from Power Purchase Agreements and is governed by English law.
• Two Independent Power Producers (IPPs) in a Central Asian State, Claimants in an ICC arbitration in Singapore against a State-owned entity of that State. The dispute arises from Power Purchase Agreements and is governed by English law.
• Cairn Energy PLC in a UNCITRAL arbitration against the Republic of India. The claims were brought under the UK-India bilateral investment treaty. The dispute related to retrospective tax measures adopted by the Indian Government. Over $5.5 billion was at stake.
• Nine Pakistani Independent Power Producers (IPPs), Claimants in an LCIA arbitration in London against a Pakistan State-owned entity. The dispute arose out the non-payment of certain amounts under Power Purchase Agreements concluded between the IPPS and the State-owned entity. Pakistani law applied.
• The subsidiary of an Asian State-owned company in the energy sector, Respondent in two parallel ICC arbitrations in Singapore initiated by its Asian co-shareholder and its parent company. The dispute arose from two agreements relating to the development of an oil storage facility and related port facilities in Asia. English law and the law of the Claimants’ State applied.
• A Central Asian conglomerate in a dispute subject to HKIAC arbitration against a European construction contractor. The dispute arose from an agreement for the construction of a hotel in Central Asia. The law of our client’s State applied.
• An Asian State-owned entity and its subsidiaries in a UNCITRAL arbitration in Stockholm against a State-owned entity in a Central Asian State. The dispute arose from an agreement for the construction of a petrochemical plant on a turnkey (EPC) basis. The amount at stake exceeded $200 million.
• Sonatrach, Respondent in an ICC arbitration in Paris brought by Saipem SpA and Saipem Contracting Algérie SpA. The dispute arose from the performance of an EPC contract related to the construction of a GPL pipeline. The Respondent was further seeking the reimbursement of certain sums following a breach of contract by Claimant. The law of the Respondent’s State applied.
• An African State-owned energy producer in a dispute with a foreign partner arising from an exploration and production agreement. The dispute was in relation to the adoption by the African State of new tax legislation (windfall profit tax) as well as in relation to the determination of parties’ share in a joint oil reserve (unitization).
• Sonatrach, Respondent in an ICC arbitration in Geneva initiated by Total Algérie SAS and Repsol Exploración Argelia. The dispute was in relation to the interpretation of contractual provisions of a production sharing agreement regarding windfall profit tax and alleged tax stabilization provisions. Over $400 million was at stake. Algerian law applied.
• An African energy company, Claimant in an ICC arbitration in Geneva brought against the African subsidiary of a European energy company and a European holding company. The dispute arose from an exploration and production agreement related to an oil field. The law of the Claimant’s State applied.
• An African energy company, Respondent in an ICC arbitration in Geneva initiated by three foreign partners in relation to the performance of a production-sharing agreement. The law of the Respondent’s State applied.
• 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 $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.
• Electricité de France (EDF), Claimant in a UNCITRAL arbitration against the Republic of Hungary. The dispute arose from termination of the Power Purchase Agreements put in place during the privatisation of the electricity sector. The claims were brought under the Energy Charter Treaty and the arbitration was conducted in accordance with UNCITRAL Rules.
• A prominent French global fashion label, Claimant in an ad hoc arbitration in Singapore against an Asian textile company. The dispute arose in connection with trademark registrations in breach of an agreement between the parties and misrepresentations by the Respondent in a great number of national trademark proceedings.
• Sonatrach in a UNCITRAL arbitration in Geneva against Repsol and Gas Natural. The dispute arose from delays in the completion of an integrated project including the development of existing gas fields, the construction of a liquefaction gas plant and upstream facilities, and the commercialization of the liquefied gas. The applicable law was Algerian law and the proceedings were conducted in French.

Advisory work

• Advised Erdenes Oyu Tolgoi LLC, a Mongolian State-owned company, in complex negotiations with global mining company Rio Tinto with regard to the massive Oyu Tolgoi mining project in Mongolia.Oyu Tolgoi is one of the world's largest copper-gold mines, located in the South Gobi region of Mongolia. The project, once fully operational, is expected to account for approximately 40% of Mongolia’s gross domestic product.

Professional Affiliations

• Member, Expert Advisory Committee, China Council for the Promotion of International Trade (CCPIT) International Institute for Dispute Prevention and Settlement (IIDPS)
• Adjunct Professor, University of International Business and Economics (Beijing)
• Visiting lecturer at the National University of Singapore (NUS) and Tsinghua University (Beijing)
• Member, ICCA-Tsinghua University Working Group on Chinese Arbitration Practice
• Co-Chair, Young Arbitration Practitioners (YAP)
• Member of the CIETAC, HKIAC, SHIAC and CAA panels of arbitrators
• Member, International Arbitration Institute (IAI)
• Member, ICC Young Arbitrators’ Forum (YAF)
• Member, LCIA Young International Arbitration Group (YIAG)
• Member, Young Singapore International Arbitration Centre (YSIAC)
• President, Justice for Cambodia

 Speaking Engagements

• “Disputes in the China–Pakistan Economic Corridor and Effective Methods for Their Resolution,” International Arbitration in Pakistan: Opportunities for the Next Generation, Joint CIICA (Center for International Investment & Commercial Arbitration) and YAG (Young Arbitration Group) event, Islamabad, 15–16 November 2019
• “China-Africa Route of International Arbitration Cooperation,” Shanghai International Arbitration Summit, SHIAC, event, Shanghai, 8 November 2019
• “High-Level Forum on International Dispute Prevention and Resolution,” 2^nd China International Import Expo (CIIE) Legal Forum, Shanghai, 6 November 2019
• “The Investment Arbitration Year in Review: Awards and the Upheaval in Treaty Arbitration,” International Bar Association annual conference, Seoul, September 2019
• “The talent puzzle: Filling the gaps through inclusion,” Women’s Forum, Singapore, September 2019
• “Environmental Clauses in Chinese Bilateral Investment Treaties,” 6^th Franco-Chinese Symposium on Law and Justice (“Rencontres Franco-Chinoises du Droit et de la Justice”), Beijing, September 2019
• “The Permanent Investment Court System is the Solution to the Concerns Over ISDS,” Asian Academy of International Law ISDS Reform Conference, Hong Kong, February 2019
• “The New York Convention Guide,” Joint University of International Business and Economics (UIBE) / United Nations Commission on International Trade Law (UNCITRAL) / China Council for the Promotion of International (CCPIT) event, sponsored by the Department of Legal Affairs of the China Council for the Promotion of International Trade and the China Academy of Arbitration Law, Celebrating the 60^th Anniversary of the New York Convention, Beijing, November 2018
• “Arbitral Awards Annulled on Grounds Relating to the Conduct of the Arbitral Process: The Case of China,” IBA Annual Conference, October 2018
• “Ethics in Investment Arbitration,” BIICL Investment Treaty Forum in association with the Graduate School of International Development of Nagoya University, Ethics and the Rule of Law in Investment Arbitration, Tokyo, June 2018
• “Interim Measures in Investment Arbitration,” Joint CIETAC / SCC Conference, Shenzhen and Chengdu, April 2018
• “Development and prospect of Investor-State arbitration,” 2018 Asia-Pacific International Arbitration Forum (SHIAC / UNCITRAL), Shanghai, March 2018
• “A Rising Frontier: Remedies and Arbitration under Mongolia’s Investment Treaties,” Joint HKIAC / Shearman & Sterling Arbitration Summit, Ulaanbaatar, November 2017
• “Parallel proceedings in international commercial and investment arbitrations,” 2^nd UNCITRAL Asia Pacific Judicial Summit, Hong Kong, October 2017
• “Investment in ‘Belt and Road’ Countries under First Generation Treaties – A Bumpy Road,” China Arbitration Summit, Beijing, September 2017
• “Towards a Fifth Generation of Chinese BITs?,” BAC-BIAC 2017 Summit on Commercial Dispute Resolution in China, Zurich, June 2017
• “The Investment Court system and enforcement of awards,” Asia FDI Forum III, Hong Kong, May 2017
• “Drafting arbitration agreements,” Young ICCA Beijing event, Beijing, April 2017

Other

He is also actively involved in the firm’s International Pro Bono Program, currently representing victims of the Khmer Rouge regime before the Extraordinary Chambers in the Courts of Cambodia (“ECCC”), a United Nations-supported tribunal set up to bring to trial senior leaders of the regime led by Pol Pot in Cambodia from 1975 to 1979.