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Yas BANIFATEMI |
IAI Member |
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Shearman & Sterling LLP
114 avenue des Champs-Elysées
75008 Paris
France
Tel: +33.1.53.89.70.00
Fax: +33.1.53.89.70.70
ybanifatemi@shearman.com
http://www.shearman.com
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| Languages |
French, Farsi (native); English (fluent); Spanish (working knowledge) |
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| Nationality |
France, Iran |
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| Bar Admission |
Paris - 1998 |
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| Education |
University of Paris II (DEA droit international - 1990; Doctorat droit international - 1997); Harvard Law School (LLM - 1997) |
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Academic
Position |
Teaching assistant - University of Paris II (1990–92; 1994–96)(International Law, Constitutional Law, Human Rights); Lecturer - University of Paris II (1999–2000) (International Law); Director of studies (Public International Law session) - The Hague Academy of International Law (Summer 2004); Lecturer (International Investment Law) - University of Paris I (2006-) |
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Experience
as Arbitrator |
Chair or member of the tribunal in international arbitration proceedings under the ICC Arbitration Rules, the Swiss Rules of International Arbitration, the Arbitration Rules of the Cairo Regional Centre for International Commercial Arbitration (CRCICA) and ad hoc; Administrative secretary in a NAFTA arbitration proceeding |
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Experience
as Counsel |
Numerous international arbitration proceedings, ad hoc (including UNCITRAL) and under the Rules of the ICC and ICSID (oil & gas, foreign investments, construction, mergers & acquisitions); public international law matters (law of treaties, State responsibility, State immunities, international organizations, State contracts, boundaries, law of the sea) |
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Publications
Relating to
Arbitration |
• Co-editor, The Precedent in International Arbitration, IAI Series on International Arbitration No. 5 (2008)
• Co-editor, Annulment of ICSID Awards, IAI Series on International Arbitration No. 1 (2004)
• "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)
• "The Law Applicable in Investment Treaty Arbitration," in Arbitration under International Investment Agreements 191 (K. Yannaca-Small ed., Oxford University Press, 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, 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)
• "’Biwater,’ Classic Investment Bases: Input, Risk, Duration," N.Y.L.J.,Dec. 31, 2008 (with E. Gaillard)
• "Court-ordered measures in arbitral discovery," N.Y.L.J., Dec. 13, 2007 (with E. Gaillard)
• "The Representations of International Arbitration," N.Y.L.J., Oct. 4, 2007 (with E. Gaillard)
• "The Denunciation of the ICSID Convention," N.Y.L.J., June 26, 2007 (with E. Gaillard)
• "Extent of Court Review of Public Policy," N.Y.L.J., Apr. 5, 2007 (with E. Gaillard)
• "A Black Year for ICSID," N.Y.L.J., Mar. 1, 2007 (with E. Gaillard)
• "Autonomy of International Arbitration," N.Y.L.J., Dec. 14, 2006 (with E. Gaillard)
• "ICC Pre-Arbitral Referee: A Procedure Into Its Stride," N.Y.L.J., Oct. 5, 2006 (with E. Gaillard)
• "Switzerland Says Lis Pendens Not Applicable to Arbitration," N.Y.L.J., Aug. 7, 2006 (with E. Gaillard)
• "Amended Arbitration Rules Now in Effect for Investment Disputes," N.Y.L.J., June 1, 2006 (with E. Gaillard)
• "Prima Facie Review of Existence, Validity of Arbitration Agreement," N.Y.L.J., Dec. 1, 2005 (with E. Gaillard)
• "Treaty-Based Jurisdiction: Broad Dispute Resolution Clauses," N.Y.L.J., Oct. 6, 2005 (with E. Gaillard)
• "Establishing Jurisdiction Through a Most-Favored-Nation Clause," N.Y.L.J., June 2, 2005 (with E. Gaillard)
• "Energy Charter Treaty: International Centre for Settlement Decision," N.Y.L.J., Apr. 7, 2005 (with E. Gaillard)
• "The IBA Guidelines on Conflicts of Interest in International Arbitration," N.Y.L.J., June 3, 2004 (with E. Gaillard)
• "Le 'droit au juge' et l’arbitrage commercial international," in Libertés, Justice, Tolérance – Liber amicorum Gérard Cohen-Jonathan (2004)
• "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 Rev. 375 (2003)(with E. Gaillard)
• "Arbitration-Agreement Recognition: N.Y. Convention, National Law," N.Y.L.J., Dec. 8, 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) Rev. arb. 1195
• "'KBC v. Pertamina': Landmark Decision on Anti-Suit Injunctions," N.Y.L.J., Oct. 2, 2003 (with E. Gaillard)
• "The First Association of Southeast Asian Nations Agreement Award," N.Y.L.J., Aug. 7, 2003 (with E. Gaillard) |
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