Experience

booksIn 1978, Eric moved from the United States to Paris to practice with the firm of S.G. Archibald, then a leading Paris law firm.

His first exposure to international arbitration followed soon thereafter. He made his first appearance as counsel in 1979 in an ICC arbitration in London concerning a failed joint venture for the construction of prefabricated housing in Iran in the years before the Iranian Revolution. During the following twelve years, before joining the ICC Court as Secretary General in 1992, he appeared in a succession of international arbitration proceedings concerned primarily with civil engineering and construction projects in the Middle East, Africa and Asia.

After leaving the ICC in 1996 to return to private law practice in Paris, he focused once more on infrastructure-related arbitrations, but was also exposed to disputes in a variety of industry sectors, from oil and gas to chemicals, pharmaceuticals, consumer goods, aeronautics and telecommunications. During the decade that followed, he also became involved in the developing field of investment treaty arbitration, representing both States and foreign investors in arbitration proceedings before ICSID and ad hoc tribunals under the UNCITRAL Rules.

Notable arbitrations in which Eric has appeared include the ICC arbitration concerning the separation of Arthur Andersen and Andersen Consulting, the ICSID arbitration between the Micula brothers and Romania and the ICSID annulment proceeding between Fraport and the Philippines.

In 2001, Eric accepted his first appointment as an international arbitrator, and he has been continuously managing a growing docket of international arbitration cases ever since, as presiding arbitrator, co-arbitrator and sole arbitrator.

Eric has acted in arbitrations in most of the world’s principal arbitration venues (including, among others, Paris, London, Geneva, Zurich, The Hague, Stockholm, Vienna, Hong Kong, Singapore, New York and Washington, D.C.). Although he is particularly well known for his expertise in ICC arbitration, he has also acted in arbitrations under the rules of the American Arbitration Association and its International Centre for Dispute Resolution (ICDR), the China International Economic and Trade Arbitration Commision (CIETAC), the European Development Fund, the Netherlands Arbitration Institute, the LCIA, the Stockholm Chamber of Commerce, the Singapore International Arbitration Centre and the Vienna International Arbitration Centre, in addition to ICSID and UNCITRAL. He has experience of disputes under many legal systems, including notably those of France, the European Union, England, Switzerland and multiple United States jurisdictions as well as Russia, other former Soviet republics and a variety of African, Asian and Middle Eastern jurisdictions.

Project countries of which Eric has experience include: Afghanistan, Algeria, Angola, Azerbaijan, Bulgaria, Costa Rica, Egypt, Ethiopia, Georgia, Ghana, Iraq, Iran, Jordan, Kazakhstan, Kuwait, Lebanon, Madagascar, Qatar, Malawi, the Philippines, Romania, Russia, Saudi Arabia, Senegal, South Africa, Trinidad and Tobago, Turkey, the UAE, Ukraine, Uganda, the United States, Uzbekistan and Venezuela.

Eric is fluent in English and French and is capable of conducting arbitrations in both languages. He was admitted to the California Bar in 1976, and the Paris Bar (of which he is now an avocat honoraire) in 1992. He currently resides in New York, but is available for arbitral appointments throughout the world.

Eric’s recent arbitral appointments include the following:

  • Co-arbitrator, UNCITRAL arbitration concerning the alleged breach of the Spain-Colombia BIT in relation to an investment in the power sector;
  • Sole Arbitrator, LCIA arbitration in London between European parties in respect of the alleged breach of a loan agreement;
  • President, Staur Eindom AS, EBO Invest AS and Rox Holding AS v. Republic of Latvia, ICSID Case No. ARB/16/38;
  • Co-arbitrator, ICC arbitration in New York between Korean and Japanese parties concerning a contract for the supply of electronic products;
  • President, LCIA arbitration in London between Guyanese parties concerning a mining option agreement;
  • Co-arbitrator, ICC arbitration in Singapore between Korean parties concerning a distribution agreement for building materials;
  • President, LCIA arbitration in London between Russian and Chinese investors concerning a failed oil exploration project in Kazakhstan;
  • President, UNCITRAL arbitration in New York concerning alleged extra work and delays incurred in respect of a major building renovation project in the United States;
  • President, ICC arbitration in Paris between a European contractor and a European government concerning a public works project;
  • President, ICC arbitration in Paris between a European aerospace company and a European supplier concerning the supply of allegedly defective parts;
  • President, Gilward Investments B.V. vs. Ukraine, ICSID Case No. ARB/15/33;
  • Co-arbitrator, ICC arbitration in Miami between a Latin American construction consortium and a Latin American power plant owner concerning the civil works for a hydroelectric power plant;
  • President, ICC arbitration in Paris between an Asian contractor and a Middle Eastern employer concerning the infrastructure works for an urban development project;
  • Sole arbitrator, AAA arbitration in New York between two U.S. companies concerning revenue sharing arrangements for ticket sales in a professional sports industry;
  • Co-arbitrator, Günes Tekstil Konfeksiyon Sanayi ve Ticaret Limited Sirketi, et al. vs. Republic of Uzbekistan, ICSID Case No. ARB/13/19;
  • Co-arbitrator, ICC arbitration in Paris between a European airplane manufacturer and a European airline concerning an aircraft supply agreement;
  • President, ICC arbitration in London between a European contractor and a property developer concerning a large commercial building project in a former Soviet republic;
  • Co-arbitrator, European Development Fund arbitration in Paris between an African contractor and an African State concerning a road project;
  • Co-arbitrator, ICC arbitration in Paris concerning an arms supply agreement;
  • Co-arbitrator, ICC arbitration in London between two European contractors concerning the civil works for a combined cycle electric generating plant in the Americas;
  • Co-arbitrator, ICC arbitration in Toronto between a Middle Eastern contractor and an African company concerning a slurry pipeline installation contract in Africa;
  • Chairman, ICC arbitration in Geneva between an African government and foreign investors in a failed gas and power project;
  • Co-arbitrator, ICC arbitration in Paris between a U.S. hotel management company and a Middle Eastern hotel company concerning the management contract for a property in the Middle East;
  • Co-arbitrator, ICC arbitration in Tokyo between a U.S. pharmaceutical company and an Asian pharmaceutical company concerning the alleged breach of a patent license agreement;
  • Co-arbitrator, VIAC arbitration in Vienna between an African company and a European company concerning the construction of a boiler in Africa;
  • Co-arbitrator, Karmer Marble Tourism and Commerce vs. Georgia, ICSID arbitration Case No. ARB/08/19;
  • Co-arbitrator, ICC arbitration in Geneva between a European subcontractor and an Australian contractor concerning a boiler construction project in the South Pacific;
  • Chairman, ICC arbitration in Vienna between a European contractor and a European football club concerning the construction of a football stadium;