Gaillard Banifatemi Shelbaya Disputes announces the election of three new partners: Youssef Daoud, Anders Junker-Nilsson and André Marini.

“Our three new partners all have extensive knowledge of the law they practice, have consistently shown the highest commitment to their clients and matters, and have been instrumental in securing multiple victories achieved by our firm,” says Founding Partner Yas Banifatemi. “All three trained with Emmanuel Gaillard over many years,” continues Banifatemi, “and will directly contribute to the global expansion of our firm, of which Emmanuel Gaillard would have been extremely proud.”

The three elected partners spent their entire international arbitration career within the team, first at Shearman & Sterling in the team then jointly headed by Emmanuel Gaillard and Yas Banifatemi, and since February 2021, at Gaillard Banifatemi Shelbaya Disputes. The election will be effective as of 1 January 2025.

“Our firm has experienced spectacular growth over the past three years,” comments Mohamed Shelbaya, Founding partner. “In addition to being exceptional advocates, Youssef, André and Anders each bring a particular regional or subject matter expertise and we are looking forward to working alongside them to continue to expand our firm.”

Youssef Daoud, 38, born in Cairo and an Egyptian and French national, is a trilingual (English, Arabic and French) lawyer trained in French and Egyptian law. Youssef has acted as counsel in numerous major commercial and investment treaty arbitrations. His first area of focus is oil and gas disputes and transactional matters. He is also experienced in construction, business combination and real estate disputes.

Youssef was involved in a number of important victories secured by the firm. In July 2024, he was part of the team that secured for Egypt the full dismissal of a USD 190 million claim brought by a group of Emirati and Canadian claimants over a terminated natural gas distribution concession. He was also part of the team that defeated in June 2024, based on an “essential security” defence, a USD 256 million claim brought by Angel Seda and others against Colombia. In 2023, he helped secure the summary dismissal of claims totalling USD 30 billion lodged by Saudi real estate investors in a treaty case against Egypt.

In his earlier days, together with Emmanuel Gaillard, Yas Banifatemi and Mohamed Shelbaya, Youssef acted on behalf of the Egyptian Natural Gas Holding Company (EGAS) in three arbitrations brought by Union Fenosa Gas S.A. (UFG) and its affiliate SEGAS in connection with the operation of the Damietta liquefaction plant and an associated long-term gas supply agreement, securing the dismissal of USD 4 billion claims. He then played a pivotal role in the conception, negotiation, drafting and implementation of over forty agreements with UFG, Eni, Naturgy and affiliates thereof which (i) modified the shareholding structure of SEGAS, (ii) modified the allocation of the LNG produced by the Damietta liquefaction plant, and (iii) regulated the supply of gas from EGAS to Eni for the next nine years.

Youssef was also part of the team that defended Egypt, as well as Egyptian energy companies EGAS and EGPC, against USD 12 billion claims brought in four arbitrations by East Mediterranean Gas Company and its shareholders in relation to the export of Egyptian gas to Israel. More than three quarters of the claims against Egypt, EGAS and EGPC were dismissed. Thereafter, a global settlement was reached, under which all claims were waived without the firm’s clients being required to make any payment.

The first case Youssef acted in as a junior associate was the Dow v. PIC arbitration – advising on issues of Kuwaiti administrative law – which led to an award of USD 2.4 billion for Dow in what was then the largest ever known commercial arbitral award.

Youssef also conducts advisory work for his clients. In addition to the Damietta liquefaction plant transaction mentioned above, he advised national oil & gas companies on various matters.

“Youssef combines top level legal analysis with exceptional economic and technical abilities,” comments Rashad M. Abd El-Fattah, General Manager of LNG Import and Export Activities at the Egyptian Natural Gas Holding Company (EGAS). Hamid Ghezali, Senior Legal Counsel at Equinor Algeria says “I thoroughly enjoyed working with Youssef, not only because of his undeniably excellent legal skills and expertise, but also because of his kindness, availability and amiability.”

Youssef read law at Université Paris I Panthéon-Sorbonne and Cairo University. He also holds a B.A. in Philosophy from Université Paris I Panthéon-Sorbonne. He now shares his time between the firm’s Paris office, where he is based, and the newly-established office in Cairo.

For more information on Youssef, please read his interview by journalist Valentine Faure.

Anders Junker-Nilsson, 45, a Swedish national who speaks Swedish, English and German fluently, joined the Shearman & Sterling team co-headed by the late Emmanuel Gaillard and Yas Banifatemi in 2014, after several years as an associate in the arbitration department of a leading international law firm in Stockholm and Frankfurt. He practices both investment and commercial arbitration.

Anders is part of the team currently representing the Chinese telecom giant Huawei in an ICSID arbitration against the Kingdom of Sweden. The case, which is the first investment case brought against Sweden, is very closely watched. It relates to a number of measures taken by Sweden that directly targeted Huawei’s investments in Sweden and excluded Huawei from the roll-out of 5G network products and services in the country. Huawei’s Director of Regional Legal Affairs, Yu Rui, says Junker-Nilsson has “played a key role in the case” and “shown exceptional skills in advocacy and strategic thinking”. He adds, “what impressed us most was his diligence and thorough understanding of the evidence and materials, as well as his skilful and effective handling of cross-examinations. His ability to align with client goals and consistently deliver outcomes will make him a standout partner in the field.”

In 2023, Anders helped secure the dismissal of multibillion claims brought by Boehringer Ingelheim against the French pharmaceutical multinational Sanofi in an ICC arbitration with a seat in Geneva and governed by Swiss law. The arbitration arose out of an acquisition and concerned liabilities relating to third party claims. The Tribunal fully dismissed all claims against Sanofi which had sought indemnification for potential losses in connection with ongoing mass tort litigation in the United States.

Anders was also part of the team that helped Angola’s national oil and gas company Sonangol obtain a Netherlands Arbitration Institute award requiring Exem Energy B.V., a holding company beneficially owned by former Angolan president’s daughter Isabel dos Santos, to return shares worth over € 650 million that it was found to have acquired illegally, restoring Sonangol to its 100% shareholder position. Before that, he worked on a series of gas price review cases on behalf of five Turkish gas buyers against Gazprom.

Another of Anders’ areas of focus are ancillary proceedings before the Svea Court of Appeal, to seek– or resist – the annulment of arbitral awards. Most recently, he helped Georgia secure a declaratory judgment by the Svea Court that the Tribunal lacked jurisdiction, under the SCC Rules, to hear a case brought by Georgian-British national Zaza Okuashvili in relation to the forced sale of his tobacco business under a bilateral investment treaty that allows ICSID arbitration to the exclusion or any other option.

A&O Shearman partner Emmanuel Jacomy, who has collaborated with Junker-Nilsson, says that he is “one of the most dedicated and talented lawyers I have had the chance to work with. His creativity and relentless focus on getting the best results for his clients have gained him the admiration of many, and I am convinced he will be instrumental to the further development of GBS Disputes’ practice”.

Anders earned his law degree at the University of Lund, Sweden, where he passed the Juris kandidatexamen summa cum laude. He then completed an LL.M. (cum laude) at Columbia University School of Law in New York.

For more information on Anders, please read his interview by journalist Valentine Faure.

André Marini, 38, born in Belo Horizonte and a Brazilian and French national, trained in both civil and common law. He is admitted in New York, Paris and Brazil. In addition to Portuguese, he speaks fluent French, English and Spanish.

André focuses on the resolution of complex international disputes arising out of business combination transactions, construction projects, energy arbitrations and commercial disputes.

In particular, André has appeared in multiple business combination disputes (mergers & acquisitions, joint ventures and shareholder disputes), including some of the most significant international disputes related to Brazil. Along with Emmanuel Gaillard and Thomas Parigot, he notably represented Latin American investment companies in a longstanding USD 15 billion dispute against a European telecom company. “André is a very talented and detail-oriented lawyer”, says Daniele Silbergleid of Opportunity, one of the largest independent asset management companies in Brazil. She adds: “André has a particular aptitude for examining evidence and deconstructing the opposing party’s arguments. He is always keen on trying to find creative solutions. His knowledge of varied legal cultures gives him a more mature view of the causes he takes on.”

Still alongside Emmanuel Gaillard, André appeared in several arbitrations on behalf of a European retailer involving shareholders’ disputes over the control of Brazil’s largest retail company. He was also part of the team that defended a North American subsidiary of Electricité de France (EDF) in an arbitration brought by Exelon Energy Company LLC in relation to the implementation of a put-option agreement between the parties and the valuation of nuclear power plants in the U.S.

In addition to business combination disputes, André frequently appears in construction, energy and commercial disputes. He is currently part of the team acting on behalf of an international joint venture, as project owner, in an ICC arbitration in Paris initiated by an oil field services provider in relation to the construction of upstream facilities in Africa, with claims exceeding USD 850 million. He is also acting in another dispute between an international joint venture and Asian contractors in relation to a USD 3 billion fertilizer plant.

André has also appeared before French courts in proceedings to seek or defend against the annulment of arbitral awards. Alongside Yas Banifatemi and Thomas Parigot, he assisted in securing, in May 2024, the setting aside by the Paris Court of Appeal of an award rendered in an ICC arbitration on the ground that the presiding arbitrator had lacked the required independence.

Vishal Dhawan, Managing Director in charge of International Business Development at Suhail Bahwan Group (Holding) LLC says: “André Marini is a brilliant and articulate lawyer who is attentive to his clients’ perspective and is able put together a carefully considered winning strategy. As a client, you know you are in good hands when André is on the case.”

André serves as a Guest Lecturer at Panthéon-Assas University, where he teaches business combinations and international arbitration.

André holds an LL.B. from Universidade Federal de Minas Gerais, in Brazil and an LL.M. from New York University, where he was a Michael A. Schwind Scholar in Global Law. He also holds a Master’s in International Law from the Graduate Institute of International and Development Studies in Geneva and a B.A. in International Relations from Pontifícia Universidade Católica de Minas Gerais.