Elizabeth Oger-Gross

Partner, Paris

Biography

“Excellent”, “draws praise for her strategic and commercial advice”
Who's Who Legal (Arbitration)

Overview

Elizabeth Oger-Gross is a partner of the Firm's International Arbitration Group and is based in the Paris office. Elizabeth advises clients in complex disputes, with broad experience across a number of sectors and a focus on the construction and energy industries. She has significant experience acting for and against States. Overall, she has an excellent track record, successfully building and implementing sound and innovative strategies that help her clients win.

She has conducted both ad hoc arbitrations and arbitrations under most of the major institutional rules. Her arbitration experience spans the globe, having been involved in arbitrations in Western and Eastern Europe, Sub-Saharan and North Africa, North, Central and South America, the Middle East, and Asia. She also has substantial experience in cross-border litigation. Before moving to the Paris office, she practiced litigation and arbitration in White & Case's New York office.

Elizabeth is both common-law and civil-law qualified and acts in both English and French-language arbitrations. She is a member of the LCA Arbitration Court and teaches international arbitration at Paris 2 (Panthéon-Assas), Sciences Po Paris, Université Paris Est Créteil Val-de-Marne, and the Lagos Court of Arbitration.

Bars and Courts
Paris Bar
New York State Bar
US District Courts for the Southern and Eastern Districts of New York
Education
JD
New York University School of Law
Masters in International Affairs
Institut d'Études Politiques de Paris
BS
Georgetown University
Languages
English
French

Experience

Representation of an African State in a multi-billion-dollar arbitration relating to a contract to build a hydropower plant;

Representation of an African State-owned entity in two arbitrations under the OHADA regime in relation to a port concession;

Representation of an African, Middle-Eastern-owned company, in a successful ICC arbitration, conducted in French, with an African State, in connection with public works contracts, as well as enforcement proceedings in numerous jurisdictions worldwide and annulment actions;

Representation of an African oil company in a dispute with its joint-venture partner in connection with an oil concession in West Africa;

Representation of the French subsidiary of a U.S. company in a dispute regarding the construction of a plant in France and including issues related to the extension of an arbitration clause to non-signatories;

Representation of the main contractor in a series of related ICC arbitrations against the employer relating to a major infrastructure project in Central America;

Advising a Middle Eastern consortium on a dispute with the employer in connection with a construction project to build hangars in Saudi Arabia;

Representation of a European mining services company in a dispute with a West African supplier;

Representation of a Middle Eastern developer in four related ICC arbitrations in Paris involving a dispute with a contractor concerning a major land remediation project in the Middle East, as well as ancillary court proceedings in the United States regarding the involvement of a parent company that did not sign the Contract;

Advising a mining company on potential ICSID arbitration in a dispute with an African State.

Advising a leading European buyer of gas on price revisions under a long term gas supply contract;

Representing two leading European construction companies in two ICC arbitrations regarding the construction of a hydroelectric project in Chile and including issues regarding the involvement of a non-signatory corporate parent;

Representation of Republic of Bulgaria in a successful ICC arbitration against a Swedish engineering company, with subsequent annulment proceedings dismissed by the Paris Court of Appeal;

Representation of a national energy company in Eastern Europe in an ICC arbitration concerning the construction of a nuclear power plant;

Representation of a European owner in relation to a high-profile, multi-billion-dollar ICC arbitration in respect of the design and construction of a nuclear power plant;

Representation of a Canadian company in a Swiss Rules commercial-trade related arbitration, including complex issues of contract interpretation as well as European product safety law;

Representing a sovereign state in UNCITRAL (bilateral investment treaty) arbitration proceedings in respect of an investment treaty dispute arising from a BOT toll road project in Asia;

Representation of BNP Paribas in a civil RICO claim filed by Kensington International Ltd in the federal court in New York. Kensington sought US$100 million in damages plus treble damages under the RICO statute; and

Representation of a French bank in connection with a request for discovery from a US court;
 

Speaking Engagements

"Provisional Measures in International Arbitration", RDAI/Queen Mary, Paris Arbitration Week, April 2019

"Games of Seats : Arbitral institutions in Africa and the quest for ascendancy", White & Case, Paris Arbitration Week, April 2019

"Beyond the Pale: Inclusive Representation of African Practitioners in International Arbitration", November 2018, Annual Conference CIArb Nigeria Branch, Abuja

"Lex extractiva and arbitral jurisprudence", September 2018, conference of the Société Internationale de Droit Extractif (SIDE), Paris

"Treaties in international arbitration – Relevance in Eastern Africa", August 2018: East Africa International Arbitration Conference, Addis Ababa

"The Evolution of International Arbitration", 2018 International Arbitration survey launch, June 2018, Helsinki

"Supporting the arbitral process", June 2018: 3rd ICC Africa Regional Arbitration Conference, Lagos

"Arbitration in Natural Resources and Energy" and "Fair Play: unconscious influences in appointments and in the use of evidence in international arbitration", May 2018: Mauritius Arbitration Week, Port-Louis

"Hardship and Price Review Clauses", April 2018: BBSPA Regulatory and Trading Seminar: Bucharest

"Gas pricing arbitrations and res judicata", January 2018: Harvard International Arbitration Law Students Association, Cambridge

"Economics of Gas Development", November 2017: Gas Options North & West Africa conference, Casablanca

"In-house Perspective on the Use of International Arbitration and ADR in Resolving Corporate Disputes", November 2017: Lagos Court of Arbitration In-House Counsel Forum, Lagos

"Business Outlook in Africa and Dispute Resolution", November 2017: Casablanca Arbitration Days 2017, Casablanca

"Gas price disputes: When is there arbitration, and how does it work in practice?", October 2017: BBPSA Regulatory and Trading Seminar, Sofia

"Addressing tough questions in international arbitration", September 2017: 5th East Africa International Arbitration Conference (I-Arb Africa), Kigali

"When Doing Good Goes Bad: Resolving Impact Investment Disputes", May 2017: IILGW – Grunin Center conference Legal Issues in Social Entrepreneurship and Impact Investing in US and Beyond (New York University School of Law), New York

"Reforming Arbitration Law and Practice in Africa—An Update", May 2017: 2nd ICC Africa Regional Arbitration Conference, Lagos

"BITs in West Africa: negotiations and alternatives", April 2017: West Africa International Arbitration Conference (I-ARB), Abidjan

"Recent trends in energy-related investment disputes", March 2017: Energy Transitions Conference (University of East Finland), Joensuu

"Force Majeure and Hardship in Petroleum Agreements", February 2017: Global Energy Arbitration: Current Issues and Trends (Georgetown International Arbitration Society, Georgetown Arab Lawyers' Organization), Washington, DC

"The Inter relationship between Effective Systems of Dispute Resolution & Economic Development", November 2016: Commercial Arbitration Law and Practice in Nigeria through the Case (Book presentation), Lagos

"Arbitrability under Nigerian Law: New Areas of Concern.", November 2016: Lagos Court of Arbitration Young Arbitrators Network (LCA-YAN), Lagos

"Abuse of Process in International Arbitration and the Unwillingness of Counsel to Accept the Outcome of Arbitration in Sub-Saharan Africa - Damaging the brand", June 2016: ICC Africa Regional Arbitration Conference, Lagos

"2015 International Arbitration Survey: Improvements and Innovations in International Arbitration", May 2016: White & Case, Paris

"Familiarising administrators with International Arbitration", April 2016: Institut Marocain des Administrateurs (IMA), Casablanca

"The Importance of Efficiency and Economy in International Arbitration", April 2015: Hot Topics in the Practice of International Arbitration (Harvard Law School), Cambridge, MA

"Transparency and Third Party Funding in Investment Arbitration", April 2015: Current Trends in International Arbitration – Penn State International Arbitration Day, New York

 

Publications

"Projecting energy sector investors in West Africa: The Energy Protocol of the Economic Community of West African States seeks to attract power-sector investment", Africa Focus, Spring 2019 (with Robert Wheal and Bachir Sayegh)

Book review of "Commercial Arbitration Law and Practice in Nigeria through the Cases" by Adedoyin Rhodes-Vivour, Arbitration International, October 2017 (with Charles Nairac)

"Enforcement of awards in France—a dual system (Ryanair v Syndicate of Charente Airports)", Lexis PSL Arbitration, May 2017 (with Anaïs Harlé)

"Compensatory Damages Principles in Civil and Common Law Jurisdictions – Requirements, Underlying Principles and Limits", The Guide to Damages in International Arbitration, chapter 1, GAR, 2016 (co-author with Clare Connellan, Angélica André and Heather Clark)

"Mid-year review 2016 - arbitration developments in France", Lexis PSL, July 2016 (interview with Anaïs Harlé)

"Structural support, not a bridge: The role of amicus curiae opinions in investment arbitration", Liber Amicorum en l'Honneur de William Laurence Craig, 2016,pp. 289-308 (co-author with Michael Polkinghorne)

"Arbitration procedures and practice in France: overview", PLC, March 2016 (co-author with Anaïs Harlé)

"Litigation and enforcement in France: overview," PLC Global Guide to Dispute Resolution, January 2016 (with A. Harlé, A. Pitchouguina and E. Valette)

Dispute Resolution, January 2016 (co-author with Anaïs Harlé, Anastasia Pitchouguina and Elodie Valette)

"Gravitas: Persuasion and Legitimacy", TDM, July 2015

"The Long Arm of the Law," Commercial Dispute Resolution, 24 May 2013

"How resort to US courts – with US discovery – can backfire on a US party to an international arbitration," 29 July 2010, (co-author with Christopher Seppälä) 

"A bar to privilege", Legal Week, 24 January 2008, (co-author with John Willems)

"Energy Sector Investment Protection in West Africa", African Lax & Business, 7 June 2019, Bylined by Robert Wheal, Elizabeth Oger-Gross and Bachir Carl Sayegh, with additional research by Opemeyi Longe.

 

Awards and Recognition

Up & Coming Lawyer, Chambers 2019, Dispute Resolution: International Arbitration – France 
"Very intelligent and has wide experience."

Up & Coming Lawyer, Chambers 2018, Dispute Resolution: International Arbitration – France 
"Skill at getting to the core of the issues, and her ability to cut away details that are of limited importance"

Future Leaders - Partners, Who's Who Legal (Construction) (2019): "'a very smart and clear-thinking lawyer' who is applauded by sources for her 'exceptional writing skills''. "'She is very knowledgeable with respect to the legal and the strategic and technical aspects' of large-scale construction disputes."

Future Leader – Partners, Who's Who Legal (Arbitration) (2019 & 2018) 
"Excellent", "draws praise for her strategic and commercial advice"

Recommended Lawyer, The Legal 500 2017, Dispute Resolution: International Arbitration – France
"Very thorough and efficient in examining witnesses"