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Dr. Remy Gerbay

Dr. Remy Gerbay

Of Counsel

Tel: 020 3837 1648

With a dual Civil law / Common law background, Remy advises companies and individuals in respect of complex, high value, international arbitrations.
As the former Deputy Registrar of the London Court of International Arbitration (LCIA), Remy has particular expertise in LCIA arbitration proceedings. Remy has also extensive experience of ICC, ICSID, UNCITRAL and ad hoc arbitration.  

In addition to his work at Enyo, Remy is an academic member of the School of International Arbitration at Queen Mary, University of London. Remy also frequently sits as arbitrator.

Practice areas

Commercial and investment Arbitration
Commercial Disputes
Energy and Natural Resources
Shareholder Disputes
ADR (mediation, adjudication, expert determination)

Background

Remy is qualified as an Attorney (State of New York) and as a Solicitor (England and Wales). He holds a French law degree from the University of Lyon, a Master's degree from the University of Geneva,  an LL.M. from Georgetown, and a P.h.D from the University of London (Queen Mary).

Until February 2012, Remy was the Deputy Registrar of the LCIA, and the Registrar of the DIFC-LCIA Arbitration Centre in Dubai. In these capacities, he oversaw hundreds of international arbitrations, adjudications and mediations in a wide range of industry sectors including, commodities, finance, mining & energy, IT & telecoms, and construction & engineering.  Before that, he was in private practice with Herbert Smith (now Herbert Smith Freehills), in London and Paris, where he concentrated on public international law and international arbitration, having started his career at a United Nations agency in Geneva. 

Cases 

As Counsel: 

  • Advising a North African State in an arbitration initiated by an investor in relation to an alleged expropriation claim (ICSID arbitration);
  • Advising an industrial engineering company in defending technically complex claims for damages arising from the construction of rolling stock for a metro (ICC arbitration);
  • Representing a major Indian telecommunications corporation in a Netherlands-seat arbitration arising out of the interpretation of a joint venture agreement to construct and maintain a subsea cable project linking Europe and Asia (ICC arbitration);
  • Advising various companies on the strategies to be adopted after behavioural competition investigations in order to minimise follow-on damages claims (mediation, and English courts litigation); and
  • Advising various energy companies on the public international law aspects of transnational infrastructure projects.

As Arbitrator:

  • Chairman of a three-member tribunal in ad hoc arbitration between a Jersey company and a German insurer arising out of on aircraft insurance policy (French law; Paris seat);
  • Sole-arbitrator in an ICC arbitration between Danish and Pilipino companies, arising out of an agreement for the construction of a carbon steel impregnation plant (Danish law; London seat);
  • Co-arbitrator in an ICC arbitration between French and Chinese companies, arising out of an agreement for the supply of an hydro-electric power plant (English law; London seat);
  • Co-arbitrator in an ICC arbitration between French and UAE companies, arising out of a settlement agreement (English law; London seat);
  • Co-arbitrator in an LCIA arbitration between English and Greek companies, arising out of an agreement for the supply of marine paints and coatings (English law; London seat); and
  • Co-arbitrator in an LCIA arbitration between English and Japanese companies, arising out of a Charterparty (English law; London seat).

Academic Activities 

Since 2012, Remy has been teaching commercial law and arbitration at Queen Mary, University of London.  Remy has also lectured (since 2006) at various academic institutions including Georgetown (Washington DC and London), SciencesPo (Paris), ESCP-EAP (Paris) and University of Lyon.  He is the principal author of the 2013 PriceWaterhouse Coopers – Queen Mary survey on international arbitration. His other publications include:

  • ARBITRATING UNDER THE 2014 LCIA RULES, Kluwer Law International (book co-authored with Dr Maxi Scherer and Lisa Richman), forthcoming.
  • Is the End Nigh Again? An Empirical Assessment of the 'Judicialization' of International Arbitration", American Review of International Arbitration, 2014 vol. 25, no. 2
  • Neither Savile Row Nor Quite Vivienne Westwood: The Verdict on the 2014 LCIA Arbitration Rules”, Paris Journal of International Arbitration (Cahiers de l'Arbitrage), 2014 (4).
  • "London Court of International Arbitration", in Arbitration in England, Julian D.M. Lew, H. Bor, G. Fullelove, Joanne Greenaway (eds), Kluwer Law International (2013) (ISBN 9041139982).
  • "The LCIA", in World Arbitration Reporter, Larry Shore and Loukas Mistelis (eds), Juris (2013) (ISBN 9781933833460).
  • “International Fraud and Asset Tracing – France” (co-authored with Denis Chemla, European Lawyer Reference Series (2011) (ISBN: 9781908239020).
  • Remy is a frequent speaker at international arbitration conferences.  His recent presentations include:
  • KIAC, “Regionalisation of Arbitration”, Kigali, May 2013 and May 2014
  • Young-ICCA, “Witness Testimony”, Portoroz (Slovenia), September 2013
  • ICC-YAF, “Impartiality and Independence of Arbitrators”, Dubai, January 2013
  • ICC-YAF, “Class Action in International Commercial Arbitration”, Madrid, November 2012
  • BIICL, "Regionalism in International Arbitration", London, June 2012 
  • NYU Law School, “The Law and Practice of LCIA Arbitration”, New York, March 2011 
  • London School of Economics, “LCIA Arbitration”, London, March 2011 
  • University of Warsaw, “Confidentiality v. Transparency in Arbitration, the English Perspective”, Warsaw, February 2011

Other

  • Co-Chairs of the LCIA’s Young International Arbitration Group (YIAG) (2013-2016)
  • Board Member of the Georgetown European Law Advisory Board (2013-Present) 
  • Fulbright Scholar (2004) 
  • Member of the Fulbright Association, the British Fulbright Scholars Association, CFA-40, ICC YAF, and Young ICCA.