Image of Elise Edson

Elise Edson

Counsel

Elise specialises in complex investment and commercial arbitrations, public international law, and business & human rights.

Her experience spans multiple industries and sectors, with a focus on energy and mining & metals. She also advises on the international protection of investments, including political risk mitigation, and issues arising out of sanctions.

Elise additionally has an active pro bono practice, focusing on human rights, environmental, social & governance (ESG), and climate change, and writes and speaks regularly on these topics. She also leads the Human Rights at Sea Arbitration initiative, which seeks to develop a system for the arbitration of complaints concerning human rights abuses at sea.

Elise has particular expertise in disputes with a Russian nexus. She currently represents the Government of Ukraine in investment disputes involving Russian interests, and notably acted for the majority shareholders of the Yukos Oil Company in proceedings under the Energy Charter Treaty, which resulted in a $50 billion arbitral award against Russia —the largest arbitral award on record.

Prior to joining the firm in 2010, Elise practised as an associate at a boutique litigation firm in Australia, representing parties in complex national and cross-border commercial and bankruptcy disputes, and corporate investigations. Elise also clerked for the Hon. A. Besanko, Justice of the Federal Court of Australia, interned with the United Nations High Commissioner for Refugees in Kathmandu, Nepal, was a research assistant to a member of the International Law Commission in Geneva, Switzerland, and taught the subjects of Public International Law, Constitutional Law and Administrative Law at two Australian law schools.

Experience

Representative matters

A large energy multinational in respect of potential arbitration claims, including under different bilateral and multilateral investment treaties, in connection with oil and gas assets in Central Asia.

Ukraine, Respondent in an SCC arbitration in Stockholm brought by VEB.RF, the Russian State Development Agency. The dispute relates to sanctions and other measures allegedly targeting Russian banks in Ukraine after 2014. The claims are brought under the Ukraine-Russia bilateral investment treaty.

Ukraine, Respondent in an ICSID arbitration initiated by Emergofin B.V. and Velbay Holdings Ltd. under the Netherlands-Ukraine bilateral investment treaty (ICSID Case No. ARB/16/35). The dispute relates to measures allegedly targeting an aluminium and alumina production company, including in respect of electricity pricing and Ukraine’s transition to a liberalised electricity market, and sanctions issued against the Claimants and their ultimate Russian owner.

A Turkish industrial company regarding the application to the company’s worldwide operations of EU sanctions imposed in the context of Russia’s invasion of Ukraine.

A Turkish construction company with respect to potential investment arbitration claims under the Turkey-Turkmenistan bilateral investment treaty, and parallel claims before the Turkmen local courts.

A large energy multinational in a complex construction dispute worth over $1 billion with a contractor in connection with a megaproject for an oil and gas facility in Central Asia. The dispute includes issues of delay and defects. English law applies.

Two Greek subsidiaries of a North American mining & metals company in seven LCIA arbitrations in London against a European trading firm. The dispute related to the performance of various contracts for the sale and purchase of metal concentrates. English law and Swiss law applied.

A Middle Eastern businessperson in an ICC arbitration in Geneva related to the dissolution of a long-standing family partnership. The law of a Gulf State and Swiss law applied. Billions of dollars were at stake.

The Republic of Lithuania, Claimant in an SCC arbitration in Stockholm against Russian State-owned Gazprom in relation to Gazprom’s contractual obligations to supply gas based on fair prices.

The Republic of Lithuania, Respondent in an UNCITRAL arbitration administered by the Permanent Court of Arbitration in The Hague commenced by Gazprom under the Russia-Lithuania BIT, arising out of Lithuania’s implementation of the EU Third Energy Package.

The majority shareholders in the former Yukos Oil Company, in multiple jurisdictions in relation to the setting aside and recognition and enforcement of the awards against the Russian Federation in a series of three UNCITRAL arbitrations administered by the Permanent Court of Arbitration in The Hague, and in the underlying arbitration proceedings. The claims were brought under the Energy Charter Treaty. The Russian Federation was ordered to pay over $50 billion for the expropriation of the Claimants’ investment in the company—the largest award ever rendered by an arbitral tribunal.

A French-German consortium in an ICC arbitration in Stockholm against a Finnish utility company. The dispute arose from an agreement for the construction of a nuclear power plant in Finland. Finnish law governed. Over €6.1 billion was at stake.

A European contractor, Respondent in an ICC arbitration in Paris regarding the construction of a chemical industrial facility in a Latin American country. The dispute related to claims for extensions of time and additional payment. The Respondent counterclaimed, seeking damages in respect of deficient and untimely construction works performed by the Claimant. The law of the Latin American country applied.

Pro bono

Elise is assisting a European NGO in the preparation of a Third Party Intervention before the European Court of Human Rights, relating to the alleged violation by a Central European State of the European Convention on Human Rights.

Elise is assisting a North American NGO and East African NGO in the preparation of a Complaint before the African Commission on Human and Peoples’ Rights, relating to the alleged violation by an East African State of the African Charter on Human and Peoples’ Rights.

Elise is assisting an East African NGO by providing advice and commentary on draft legislation, and by facilitating capacity building initiatives, focused on the development of an African State’s carbon trading market and associated legal framework.

Elise assisted an international environmental organisation by preparing a legal advice on directors’ duties and climate change risks under French and European law.

Elise also successfully assisted multiple Syrian refugees with their applications for asylum and resettlement under the 1951 Refugee Convention.

 

 

Published Work

  • (2023) “Updated OECD Guidelines for Multinational Enterprises: implications for corporate disclosure and due diligence”, International Bar Association Business Human Rights Committee eBulletin, New York, NY: IBA
  • (2023) “English High Court Rejects Climate Case Against Energy Company Board”, Harvard Law School Forum on Corporate Governance, Cambridge, MA: Harvard Law School
  • (2023) “Key Takeaways From EU Proposal For Greenwashing Rules”, Law360, New York, NY: Portfolio Media, Inc.
  • (2023) “Personal Liability of Directors for Climate Strategy: Landmark Case Against Energy Company Board”, Columbia Law School Blue Sky Blog, New York, NY: Columbia Law School

Speaking Engagements

  • Speaker, “When government and social goals meet the reality of construction contracting”, IBA Annual Conference, Paris, October 2023
  • Speaker, “The global polycrisis and political risk insurance”, Paris Arbitration Week, Paris, March 2023
  • Speaker, “Arbitration as a means of effective remedy for human rights abuses at sea”, Webinar, July 2023
  • Speaker, “Enforcement of arbitral awards in the time of sanctions”, ICCYAF: Arbitrating East-West Disputes in the Time of Sanctions, Helsinki, April 2016

Leadership Positions And Professional Affiliations

  • Member, International Bar Association (IBA)
  • Member, ICC Australia

Awards

  • Legal 500 Arbitration Powerlist France, 2023
  • Who’s Who Legal: Arbitration – Future Leaders, 2023
  • The Best Lawyers in France, Public International Law, 2023

Qualifications

Admissions

Solicitor, Supreme Court of South Australia, 2005

Attorney-at-Law, New York, 2012

Courts

High Court of Australia, 2009

Academic

Masters Course, Business and Human Rights, University of Bergen, 2023

LL.M. (Harlan Fiske Stone Scholar), Columbia Law School, 2010

LL.B. (First Class Honours), Diploma in Language (French), University of Adelaide, 2006

Diploma de Estudios Hispánicos, Universidad de Salamanca, 2002

Bachelor of International Studies (International Relations and Asian Studies), Diploma in Language (Spanish), Flinders University, 2001

Osaka International University for Women, 1995

Languages

English, French, Spanish, Japanese (Japanese Language Proficiency Test, Level 2)
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.