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 eogergross@whitecase.com

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 commercial disputes, with a focus on the construction and energy industries. She also has significant experience in investment disputes. She is both common-law and civil-law qualified and acts in both English and French-language arbitrations. She has been involved in arbitrations conducted under the rules of the International Chamber of Commerce (ICC), the American Arbitration Association (AAA/ICDR), the United Nations Commission on International Trade Law (UNCITRAL), and the Swiss Chamber of Commerce. She also has substantial experience in cross-border litigation, particularly involving Africa, the U.S. and France. Elizabeth teaches international arbitration at Université Paris Est Créteil Val-de-Marne, among other universities.

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

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.

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.

ICC arbitration concerning a nuclear power plant, 2010 – 2016

Elizabeth represents 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. The Congo is currently seeking to have the arbitral award annulled by the French courts, among other efforts to nullify it, while Commisimpex is attempting to enforce it. Elizabeth first led work on the arbitration and is now coordinating work on the appeal and enforcement efforts.

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

"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

Publications

  • Enforcement of awards in France—a dual system (Ryanair v Syndicate of Charente Airports), Lexis PSL Arbitration, May 2017, (with Anaïs Harlé)
  • Commercial Arbitration Law and Practice in Nigeria through the Cases, Arbitration International, Doyin Rhode, March 2017, (with Charles Nairac)
  • 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, (co-author 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