MikaëlSchinazi

Associate

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Mikaël Schinazi advises and represents companies, sovereign States, and State-owned entities in high-stakes international disputes. He is trained in the common law and civil law traditions and has practiced at major U.S. and European law firms with a focus on international arbitration and international law.

Mikaël has acted in a wide range of cross-border disputes, including commercial and investment treaty arbitrations governed by various substantive laws and arbitral rules. His industry experience includes matters in the transport and logistics, pharmaceuticals, mining, aviation, and defense sectors, among others. He also has experience challenging and enforcing arbitral awards in multiple jurisdictions.

Mikaël is a frequent speaker and lecturer on issues of international arbitration and legal history, having published a widely recognized monograph on the modern history of international commercial arbitration (The Three Ages of International Commercial Arbitration, Cambridge University Press, 2021, paperback edition 2024), which has been described as "a significant masterpiece of legal historiography, treading the interacting institutional, sociological, political, economic, and legal orders and practices within international commercial arbitration" (American Review of International Arbitration, Vol. 33, 2022) and "a clear-eyed assessment of deep and recurring issues fundamental to international arbitration" (ICSID Review, Vol. 38, 2023). Mikaël has also delivered talks and spoken at conferences at numerous law schools and institutions. Since 2017, he has taught a course on the history, sociology, and legal theory of international arbitration at Sciences Po Law School in Paris; and in 2024, he delivered the ICC Jurisprudential Debate organized by the ICC Institute of World Business Law.

執業經驗

The following represents experience acquired prior to joining Jones Day.

Represented an international logistics company in an International Chamber of Commerce (ICC) arbitration in Paris brought against a State's Port Authority. The dispute arose from a concession agreement related to the management and operation of a container terminal.

Represented Dassault Aviation S.A. in an ICC arbitration brought by Mitsui Sumitomo Insurance Co., Ltd. The dispute arose out of an insurance policy and related to delays in the delivery of an aircraft and supplies to an Asian distributor. English law applied.

Represented pharmaceutical group Sanofi in an ICC arbitration initiated by Boehringer Ingelheim that arose out of an acquisition and concerned liability relating to third-party claims. Swiss law applied. The Tribunal fully dismissed the claims against Sanofi seeking indemnification for potential losses in connection with mass tort litigation in the United States.

Advised the majority shareholders in the former Yukos Oil Company in relation to the recognition and enforcement proceedings initiated in multiple jurisdictions for the enforcement of the US$50 billion awards rendered in the arbitrations brought by the shareholders against the Russian Federation concerning the unlawful treatment and expropriation of their investments in Yukos.

Advised a mining company affiliated to a prominent sovereign wealth fund in relation to a multibillion dollar refinery project. This engagement involved navigating complex legal issues common in mining disputes, including tax and customs regimes, reassessments of royalties, stabilization clauses, and economic equilibrium clauses.

Advised several companies on the legal consequences of the COVID-19 crisis, especially with regard to the force majeure and hardship clauses contained in various agreements.

著作

Publications Prior to Jones Day

March 20, 2024

"English Court of Appeal Introduces Uncertainty as to the Scope of Commercial Anti-Assignment Provisions," Kluwer Arbitration Blog (coauthor)

2023
"Diversity and Inclusiveness in International Arbitration," Arbitration Beyond Borders: Essays in Memory of Guillermo Aguilar Álvarez 469 (W.M. Reisman and N. Blackaby eds., Kluwer) (coauthor)

2023
"The Stop-and-Go Rise of France's Pro-Arbitration Regime: A Play in Five Acts," 'Pro-Arbitration' Revisited: A Tribute to Professor George Bermann from his Students over the Years 407 (K. Duggal et. al. eds., Juris)

2022
"Jalons pour une histoire contemporaine de l'arbitrage commercial international," 2022(3) Cahiers de l'Arbitrage / Paris Journal of International Arbitration 789

2021
"Book review – T. Schultz and F. Ortino (eds.), The Oxford Handbook of International Arbitration," Journal du droit international – Clunet

2021
The Three Ages of International Commercial Arbitration, Cambridge University Press

2020
"The Three Ages of International Commercial Arbitration and the Development of the ICC Arbitration System," ICC Dispute Resolution Bulletin

2018
"Book review – P. Sands, East West Street: On the Origins of Genocide and Crimes Against Humanity," Revue critique de droit international privé

2018
"Note – A. Stone Sweet and F. Grisel, The Evolution of International Arbitration. Judicialization, Governance, Legitimacy," American Journal of Legal History

Speaking Engagements Prior to Jones Day

June 27, 2024
ICC Jurisprudential Debate, organized by the ICC Institute of World Business Law (webinar)

April 26, 2024
"Crime in Arbitral Proceedings," Paris Arbitration & Crime Conference, Sciences Po Law School
Paris, France

February 27, 2024
"Arbitration through the Ages," Queen Mary University of London (webinar)

September 29, 2023
"One Hundred Years of ICC Arbitration: How the Past Informs the Present," International Chamber of Commerce (webinar)

September 26, 2023
"The Construction of the Contemporary Regime of International Commercial Arbitration in France and England (17th-20th centuries)," Société de Législation Comparée
Paris, France

July 7, 2023
"The Changing Sociology of the International Legal Community," Paris Place de Droit
Paris, France

May 15, 2023
"Investigating the Many Lives of International Arbitration," NOVA School of Law
Lisbon, Portugal

March 27, 2023
"Building Bridges: Crafting a Blueprint for the Future of Dispute Resolution," 7th ICC European Conference
Paris, France

October 26, 2022
Third Edition of the "Rendez-vous des auteurs de l'arbitrage," Sorbonne Arbitrage
Paris, France

August 30, 2022
"Researching the Modern History and Evolution of International Commercial Arbitration," Columbia Law School
New York, NY

August 27, 2022
"The Modern History of International Commercial Arbitration," Kobe University (webinar)

April 6, 2022
Harvard International Arbitration Law Students Association (HIALSA) Book Talk, Harvard Law School (webinar)

March 1, 2022
Book Launch for The Three Ages of International Commercial Arbitration, GBS Disputes and Sciences Po Arbitration Society (webinar)

October 1, 2021
"The Twin Genealogies of International Arbitration," Oxford University (webinar)

September 13, 2019
"The ICC: One Hundred Years of Arbitration (1919–2019)," Geneva Center for International Dispute Settlement
Geneva, Switzerland