Nils is a member of the HKIAC Council, the decision-making and governing body of the HKIAC and a member of the HKIAC Proceedings Committee.

Transcription

1 Practice SHEARMAN & STERLING LLP 12/F, Gloucester Tower The Landmark 15 Queen's Road Central Central, Hong Kong, China T nils.eliasson@shearman.com is a partner in Shearman & Sterling s International Arbitration Group. He acts as counsel or arbitrator in commercial and investment treaty disputes conducted under the auspices of the Hong Kong International Arbitration Center (HKIAC), International Chamber of Commerce (ICC), Singapore International Arbitration Center (SIAC), London Court of International Arbitration (LCIA), CIETAC, Vienna International Arbitration Center (VIAC), German International Arbitration Institute (DIS) and the International Arbitration Institute of the Stockholm Chamber of Commerce (SCC)), as well as in ad hoc proceedings under the UNCITRAL arbitration rules. experience includes disputes related to joint ventures, mergers and acquisitions, energy, oil and gas, infrastructure, construction, engineering, license disputes, telecommunications, and real estate. He has also handled investment treaty arbitrations under various bilateral investment treaties and the Energy Charter Treaty. Nils has been described as a lawyer with increasing visibility in commercial and investor-state arbitrations in China. Praised by clients as a smart, personable practitioner in Chambers Asia- Pacific, he is also singled out for his expert knowledge of the energy industry and various international rules, which observes that he is frequently mandated by Chinese clients, who appreciate his excellent legal assistance and services, and state that he is refreshing, really engaged in the arbitration field. Nils is a member of the HKIAC Council, the decision-making and governing body of the HKIAC and a member of the HKIAC Proceedings Committee. Experience International arbitrations on which has appeared as Counsel include the representation of: A Chinese State-Owned Enterprise in an SCC arbitration governed by Swedish law arising out of a series of engineering services contracts for the design and construction of a petrochemical plant. USD 1.8 billion is at stake. A Chinese State-Owned Enterprise in an SCC arbitration governed by Swedish law arising under a long-term gas supply agreement. Over USD 2 billion is at stake. A Chinese company in HKIAC arbitration proceedings against a US company concerning a joint venture and technology transfer. Over USD 150 million is at stake. A European company in ICC arbitration proceedings in Singapore against a Chinese company concerning the breach of license agreements for minerals and metal processing technology. Over EUR 100 million is at stake. 1

2 A French-German consortium in an ICC arbitration in Stockholm against a Finnish utility company. The dispute arises from an agreement for the construction of a nuclear power plant in Finland. Finnish law governs. Over EUR 5.8 billion is at stake. A Sri Lankan company in arbitration proceedings in Singapore under the SIAC Rules against a European supplier and developer of business systems. The dispute concerns the control and management of a Sri Lankan joint venture company and USD 120 million is at stake. A Chinese oil company in arbitration proceedings in London against a Russian oil company under the LCIA Rules. The dispute concerned pricing issues for oil transportation over the Eastern Siberia Pacific Ocean Oil Pipeline. Over USD 150 million was at stake. A Chinese telecommunication solution provider in five parallel SCC and UNCITRAL arbitration proceedings in Hong Kong and Stockholm against a Ukrainian mobile phone operator. Over USD 50 million is at stake. A shareholder of Yukos in an investment treaty arbitration against the Russian Federation based on a bilateral investment treaty. Over USD 75 million is at stake. A European energy company in an investment treaty arbitration against a European State under the Energy Charter Treaty and the ICSID Convention. Over EUR 1.4 billion was at stake. A US oil and gas company in an arbitration under the UNCITRAL Rules against a sovereign State regarding a production sharing agreement for extraction of hydrocarbons. Over USD 100 million was at stake. Publications Contributor, Hong Kong Arbitration Ordinance Commentary and Annotations (Sweet & Maxwell, 2011 and October 2015) The Chinese Investment Treaty Programme, Jurisdictional Challenges and Investment Planning: The Example of Chinese Outbound Investments in the Natural Resources Sector, in China and International Investment Law Twenty Years of ICSID Membership (W. Shan & J. Su eds., Brill Nijhoff, 2015) Investment Arbitration and Hong Kong, in Arbitration in Hong Kong: A Practical Guide (Chief Justice Ma & D. Brock eds., 2d and 3rd ed., Sweet & Maxwell, 2011 and 2014) Stockholm as a Forum for Investment Treaty Arbitration, in International Arbitration in Sweden A Practitioner s Guide 53 (U. Franke, A. Magnusson, J. Ragnwaldh & M. Wallin eds., Wolters Kluwer, 2013) Chinese Investment Treaties: A Procedural Perspective, in Foreign Investment and Dispute Resolution Law and Practice in Asia 90 (V. Bath & L. Nottage eds. Routledge, 2011) Investment Treaty Protection of Chinese Natural Resources Investments, 7(4) Transnational Dispute Management (Dec. 2010) Review of Investment Treaty Awards by Municipal Courts, in Arbitration under International Investment Agreements 635 (K. Yannaca-Small ed., Oxford University Press, 2010) (with K. Hober) Security for Costs in Investment Arbitration, in Between East and West: Essays in honour of Ulf Franke 395 (K. Hober, A. Magnusson & M. Öhrström eds., Juris Publishing, 2010) (with J. Ragnwaldh) 2

3 Investor-State Arbitration and Chinese Investors: Recent Developments in Light of the Decision on Jurisdiction in the Case Mr. Tza Yap Shum v. The Republic of Peru, 2(2) Contemporary Asia Arbitration Journal 347 (Nov. 2009) Investor-State Arbitration and China An Overview, in Business Disputes in China 287 (M. Moser ed., 3rd ed., Juris Publishing, 2011) (with K. Hober) The UNCITRAL Model Law on Arbitration and the Swedish Arbitration Act: A Comparison, in The Swedish Arbitration Act of 1999, Five Years On: A Critical Review of Strengths and Weaknesses 171 (L. Heuman & S. Jarvin eds., Juris Publishing, 2006) Towards a New Property?, 4(1) European Journal of Social Security 55 (2002) Protection of Accrued Pension Rights. An Inquiry into Reforms of Statutory and Occupational Pension Schemes in a German, Norwegian and Swedish Context (Juristförlaget, Lund 2001) Education University of Lund, Doctor of laws (Jur.dr.), 2002 University of Lund, Master of laws (Jur. kand), 1999 University of Utrecht, Certificate in Comparative and International Law, 1999 Professional Affiliations and Business Activities Member, HKIAC Council Member, HKIAC Proceedings Committee Member (Hong Kong), ICC Commission on Arbitration Member, ICC Task Force on Decisions as to Costs Member, ICC Task Force on Emergency Arbitrator Proceedings Member, ICC Arbitration Committee, Hong Kong, China Member, International Arbitration Institute (IAI) Member, Chartered Institute of Arbitrators Founder and Executive Committee Member, HK45 Member, Swedish Arbitration Association (SAA) Member, Hong Kong Law Society Member, Swedish Bar Association Member, International Bar Association (IBA) Member, Inter-Pacific Bar Association Associated Expert, International Trade Law Division, the United Nations Office of Legal Affairs also functioning as the Secretariat of the UNCITRAL, Full time academic researcher and doctoral candidate at the Faculty of Law, University of Lund ( ) Representative Speaking Engagements The Concept of Investment at the conference ICSID at 50: The Evolution of International Investment Treaties and Dispute Resolution organized by ICSID and Xi an Jiatong University, Xi an, November,

4 Sanctions and Cross-Border Transactions at the ADR in Asia Conference, Hong Kong, October 2015 Enforcement of the Arbitration Agreement at the UNCITRAL Asia-Pacific Judicial Summit, Hong Kong, October 2015 Third Parties & Arbitration, Annual Conference of the Inter-Pacific Bar Association, Hong Kong, 5-9 May 2015 Investment Arbitration in Asia: the State of Play as Asian Economies become Net Exporters of FDI, Chartered Institute of Arbitrators Centenary Conference, Hong Kong, 21 Mar Issue conflicts in investment arbitration, International Bar Association Conference, Tokyo, 24 Oct Moderator at the conference 20 years of Energy Charter Treaty organized by the SCC, the Energy Charter Secretariat and ICSID, Paris, 7 Mar Conference Moderator at the 1st Indonesia and South-East Asia Arbitration Summit organized by Kluwer Law, Jakarta, 12 Dec National Court Review of Investment Treaty Awards, HKIAC and HK45 seminar on International Arbitration in International Law, Hong Kong, 3 July 2013 Jurisdiction, Investment Planning and Treaty Shopping under Chinese BITs, Asia-Pacific Regional Arbitration Group (APRAG) conference hosted by CIETAC, Beijing, June 2013 Managing Cross-Border Disputes Advising In-House Counsel, Kluwer Law s 3rd Hong Kong Arbitration Forum, Hong Kong, 20 June 2013 Enforcement of Investment Treaty Claims under Chinese BITs, Annual Conference of the Inter- Pacific Bar Association, Seoul, Apr Arbitration in Sweden, All China Lawyers Association and CIETAC conference, Beijing, 6 Dec Arbitration in the Energy Sector, International Arbitration and ADR in China Conference organized by Kluwer Law, Beijing, 29 Nov Technology Development and Evidence in International Arbitration, LCIA Conference, Bangalore, 7 July 2012 Speaker at ICC and AFIA Annual International Arbitration Symposium, Hong Kong, 24 Mar Investment Arbitration: Regional Updates and Perspectives, ADR in Asia Conference, organized by HKIAC, Hong Kong, 28 Sept Investment Arbitration and China at Duelling with Dragons: Managing Business Disputes in Today s China conference organized by CIETAC and HKIAC, New York, 20 Sept Keynote speaker on 10 years of Energy Charter Treaty Arbitration, conference organized by the SCC, the Energy Charter Secretariat and ICSID, Stockholm, 9-10 June 2011 Spoke on the Selection of Arbitrator and Cultural Differences at the conference Advocacy, Efficiency and Collegiality: Stepping stones for the future of international arbitration Arbitration Conference, Hong Kong, 5 Apr Moderator at Introducing the New Hong Kong Arbitration Ordinance, Seminar organized by the HKIAC and the HK45, Hong Kong, 22 Mar

5 Spoke on Protecting Chinese Overseas Investments, Seminar organized by CIETAC, Beijing, 16 March 2011 Bar Admissions/Qualification Hong Kong Sweden Languages Swedish (native), English (fluent) and German (very good command) Nationality Swedish 5