Elizabeth Oger-Gross | White & Case LLP International Law Firm, Global Law Practice
Elizabeth Oger-Gross
Elizabeth Oger-Gross

Elizabeth Oger-Gross

Partner, Paris

T +33 1 55 04 58 82

E [email protected]

“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, and Asia. She also has substantial experience in cross-border litigation, particularly involving the U.S. and France. Before moving to the Paris office in 2007, she practiced litigation and arbitration in White & Case's New York office for three years.

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

Long term gas supply dispute, 2016 – ongoing

Elizabeth advises a leading European buyer of gas on a price revision under a long term gas supply contract.

Hydroelectric project in the Andes, 2017 – ongoing

Elizabeth is representing a European construction company in an ICC arbitration regarding the construction of a hydroelectric project in Chile.

ICC arbitration concerning one of the largest infrastructure projects in the world, 2013 – ongoing

Elizabeth is part of a team representing the main contractor on one of the world's largest infrastructure projects located in Central America, in a series of related ICC arbitrations against the employer, worth in excess of US$2 billion. Elizabeth leads a team claiming over US$300 million in connection with design and fabrication issues with one of the main components of this project.

ICC arbitration concerning a nuclear power plant, 2003 – ongoing

Elizabeth is part of a team representing 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. Elizabeth's work has focused on conceiving and coordinating the defenses to the multitude of individual claims brought by the supplier.

Dispute concerning construction of hangars, 2016 – ongoing

Elizabeth advises a Middle Eastern consortium on a dispute with the employer in connection with a construction project to build hangars in Saudi Arabia.

ICC arbitration concerning a nuclear power plant, 2010 – 2016

Elizabeth represented a national energy company in Eastern Europe in an ICC arbitration concerning the construction of a nuclear power plant. Elizabeth worked closely with the expert witnesses and fact witnesses, developing the factual story and novel legal defenses.

Commisimpex v. Republic of Congo, 2008 – ongoing

Elizabeth successfully represented Commisimpex in a Paris-seated, French-law and French-language ICC arbitration against the Congo relating to public works that had remained unpaid for 30 years, obtaining an award worth about US$1 billion.

UNCITRAL arbitration concerning a toll road project, 2006 – 2009

Elizabeth represented a sovereign state in UNCITRAL arbitration proceedings in respect of an investment treaty dispute arising from a BOT toll road project in Asia.

Speaking Engagements

"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

Publications

  • 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, (with Clare Connellan, Angélica André and Heather Clark)
  • 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)
  • 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, (with Michael Polkinghorne)
  • Arbitration procedures and practice in France: overview, PLC, March 2016, (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, (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

Awards & Recognition

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"

Recommended Lawyer, The Legal 500 2017, Dispute Resolution: International Arbitration – France

"Very thorough and efficient in examining witnesses"

Future Leader – Partners, Who's Who Legal (Arbitration)

"Excellent", "draws praise for her strategic and commercial advice"