Avocat à la Cour, Yuri is an associate in Freshfields’ international arbitration and public international law groups, where he advises and represents States, corporations and non-governmental organisations in inter-State, investor-State, and international commercial arbitration disputes. He is based in Paris, and has worked over shorter periods from the firm’s Washington DC, Madrid, New York, Moscow, Vienna, and Munich offices. Yuri is also part of the firm’s Brazil practice.
Prior to joining Freshfields, he trained in Geneva with the World Trade Organisation (Legal Affairs Division), United Nations Conference on Trade and Development (UNCTAD), and the arbitration group of a leading Swiss law firm.
He is also a member of the Bars of the District of Columbia and Florida.
Yuri speaks Portuguese, French, English and Spanish.
The International Chamber of the Paris Court of Appeal recently rendered five decisions on setting-aside proceedings against five awards issued in the same arbitration. It was alleged that the tribunal had been improperly constituted as a party-appointed arbitrator had failed to disclose information that affected his independence and impartiality. Although this decision confirms the existing jurisprudence, the question of the exact scope of arbitrators' duty to disclose remains.
The US District Court for the District of Columbia recently lifted a stay of proceedings to confirm an award issued by an ad hoc tribunal in Paris under the Energy Charter Treaty. The district court noted that the French Court of Cassation had overturned a decision of the Paris Court of Appeal setting aside the award. This article revisits the relevant facts and issues that gave rise to the setting aside of the award in France, and the subsequent reversal at the highest instance.