GILLIAN CARMICHAEL LEMAIRE Member of the Paris Bar Solicitor (Scotland) FCIArb

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GILLIAN CARMICHAEL LEMAIRE Member of the Paris Bar Solicitor (Scotland) FCIArb Carmichael Lemaire Ltd. gillian.lemaire@carmichael-lemaire.com T.

1 GILLIAN CARMICHAEL LEMAIRE Member of the Paris Bar Solicitor (Scotland) FCIArb Carmichael Lemaire Ltd. T (0) (UK) + 33 (0) (France) SUMMARY Gillian Carmichael Lemaire is a dual-qualified lawyer, arbitrator and mediator working at her own firm in London. She started out as a litigator in Scotland in the field of personal injury and professional negligence and, until moving to London recently, had spent most of her career practising arbitration in international law firms in Paris, principally in the construction and infrastructure and general commercial sectors. Gillian also has transactional experience in those sectors. In addition, she has had significant exposure to major projects involving public and private parties, including in the legal department of a French-based international environmental services company, and has worked on treaty-based Investor State Dispute Settlement. As well as international arbitration and mediation, Gillian provides risk advisory and conflict management services for international projects and contracts. EDUCATION AND QUALIFICATIONS 2017 Certificate of Competency in Mediation, Negotiation and Conflict Management (Core Solutions Flagship Course) 2014 Accredited for mediation by the Paris Bar 2013 Accredited for mediation by IEAM 2008 Fellow of the Chartered Institute of Arbitrators 1994 Avocat (Paris Bar) 1984 Solicitor (Scotland) 1983 Diploma in Legal Practice, University of Strathclyde 1982 LL.B. (Bachelor of Laws), University of Strathclyde 1

2 EXPERIENCE 2014 to date Sole practitioner regulated by the Paris Bar (initially in Paris and now at Carmichael Lemaire Ltd, London) Managing Partner of Paris correspondent office for Hafez, a Cairo law firm Dewey & LeBoeuf, Paris, Senior Counsel Dechert, Paris, Partner S.G. Archibald (Archibald Andersen), Paris, Manager, including a year seconded to CGEA (now Veolia) McGrigor Donald, Glasgow (now Pinsent Masons) Cabinet Sefrioui, Paris Digby Brown & Co, Glasgow Sectors Construction and engineering Infrastructure and utilities Energy (oil and gas, nuclear) Chemical Environmental services (waste, water) Manufacturing and distribution Hotels and leisure Transport (rail) Food and drink General corporate and commercial Work undertaken Arbitration and mediation: Arbitrator and mediator appointments (on the arbitrator lists of the International Chamber of Commerce (ICC) France, ICC UK, London Court of International Arbitration (LCIA) and Arbitration Institute of the Stockholm Chamber of Commerce (SCC)). Acting as counsel during all stages of international arbitrations and mediations, including advocacy. Experience of a range of institutions and rules, including ICC, LCIA, Cairo Regional Centre for International Commercial Arbitration (CRCICA), SCC, ICSID, and Procedural Rules on Conciliation and Arbitration of Contracts financed by the European Development Fund. Particularly strong ICC experience. Dispute resolution processes: advising on and drafting dispute resolution clauses and agreements; advising on pre-litigation/arbitration/mediation preparation, strategy, negotiation and correspondence; advising on combining dispute resolution processes. Contracts and projects: conflict prevention and risk management (reviewing commercial tenders; regulatory and compliance; contract drafting; monitoring live contracts; risk analysis). Types of disputes and contracts Engineering, procurement and construction (delay and disruption (working with experts on various methods of delay and disruption analysis, including system dynamics), cost overruns, contract termination, payment, global claims, design deficiency and defective plant and equipment, warranties, operation and maintenance, concession agreements and PFI/PPPs, consultancy and management, personal injury, professional negligence, and the 2

3 environment). Corporate and commercial (tenders, NDAs, manufacturing, distribution and commercial agency, hotel management contracts, IP and licences, product liability, acquisitions, joint ventures and shareholders disputes). Legal systems and countries Teaching Common, civil and Islamic legal systems Recent focus on the Middle East and Africa, particularly Egypt Europe (mainly France and the UK), USA, Latin America, Asia Pacific University of Aberdeen International Arbitration Summer School June University of Aberdeen International Arbitration Practice (Accelerated) online lectures and workshop for the Faculty of Advocates, Edinburgh, January - February University of Aberdeen International Arbitration Summer School June ICC Advanced PIDA Training on International Commercial Arbitration, Paris, October ICC PIDA Arbitration Training, Dubai, October Dispute Resolution module for Project Management Leaders for South Africa, Master Strategy, Information and Organization Consulting for engineers and other construction industry professionals, jointly organized by Paris I Panthéon-Sorbonne University and Areva, 7 May 27 June APPOINTMENTS Advisory Member of the Board of Directors of ArbitralWomen Member of the Board of Directors of ArbitralWomen Executive member of the Paris organising committee for the Global Pound Conference Series : Shaping the Future of Dispute Resolution & Improving Access to Justice PRO BONO Gillian co-founded a pro bono round table scheme in Paris with the objective of federating large and medium-sized law firms to provide pro bono services to NGOs. She is committed to promoting access to justice, equality and diversity through better public knowledge of conflict management and dispute resolution processes, notably at school level, and does so through speaking at international legal conferences and in schools. RECENT PUBLICATIONS See Gillian s blog: Achieving Gender Diversity for Future Generations in Appointments to International Commercial Arbitration Tribunals A Focus on Scotland, TDM 4 (2015), 3

4 Mediation Skills for Lawyers, TDM 6 (2014), www. transnational-dispute-management.com: Paperless Arbitrations Where do we stand? Kluwer Arbitration Blog, 19 February 2014: TALKS Franco-English-Scots debate on the seat of arbitration at the Institut de Droit Comparé, Paris (representing Scotland), 28 May Diversité dans l arbitrage par où commence le changement? 12 April 2018, Paris Arbitration Week. Male, Female or Simply Expert : What does it take to be an expert? FTI Consulting/ArbitralWomen, London, 14. Arbitration and peace: dispute resolution in destabilized jurisdictions, LCILP 3 rd Annual Energy Arbitration and Dispute Resolution in the Middle East and Africa Conference, London, 6-7. Top 10 Tips for Developing an International Arbitration Practice, Faculty of Advocates, Edinburgh, 28 September Arbitration: An International Perspective, Scottish Arbitration Centre Arbitrator Training Day, Edinburgh, 21 September Challenges Facing ODR and future application of ODR - Paperless Arbitration, Equal Access to Information & Justice Online Dispute Resolution ODR 2017, Paris, 13 June Brexit and its implications for mediation, Club de la médiation internationale, ICC France, 7 June Diversity in Arbitration, ArbitralWomen/Paris Bar diversity event to mark the signature of the Equal Representation in Arbitration (ERA) Pledge by the Paris Bar, 27 April ***** CASE EXAMPLES 1 Examples of current and recent work Risk analysis and pre-arbitration strategy assistance for a chemical manufacturer in relation to an environmental dispute (France). Defending a series of real estate disputes (France - litigation). Institution-appointed arbitrator in a commercial case administered by the ICC. Party-appointed arbitrator in two commercial cases administered by the SCC. Risk analysis and high-level review of existing legal advice for designer of a nuclear plant (Europe). NEC3 contracts. Two ICC arbitrations for a European hotel management company arising out of management contracts for two new-build hotels in Egypt. 1 Including representations in previous firms. 4

5 Series of four institutional arbitrations (ICC and CRCICA) for the owners of a new-build hotel and leisure project in Egypt arising out of a share sale of the project company and parallel litigation. CRCICA arbitration for a Middle Eastern joint venture arising out of the design and construction of a major commercial and office development in Egypt. Delay and disruption claim involving several methods of delay and disruption analysis, including system dynamics. FIDIC-based contract (Red Book). Ad hoc arbitration for an Egyptian company against a US company arising out of the construction of military facilities. Delay and payment claims. Advising an Asian hotel company in relation to a potential LCIA arbitration under a management contract for a new-build hotel in the Middle East. Part of a team acting for Claimant in the early stages of ICSID Case no. ARB/13/23, ASA International v. Egypt in relation to a waste management contract for the Governorate of Cairo. Advising a European environmental services company in relation to a potential investment treaty arbitration against a Middle Eastern State arising out of a government services contract. Other examples Representation of a private equity investor in relation to a new-build hotel project in the Paris area. Advising a US company in relation to the construction of a government-sponsored housing scheme in an African State. ICC arbitration for the Ministry of Public Works of a Middle Eastern State concerning the construction of an entertainment complex. Pre-arbitration: representation of a European contractor in a delay and disruption dispute regarding construction of subsea facilities offshore Africa. Representing the contractor in an arbitration arising out of a road construction project in an African State under the Procedural Rules on Conciliation and Arbitration of Contracts Financed by the European Development Fund. Delay and disruption claim. ICC arbitrations for the Ministry of Public Works of a Middle Eastern State concerning the construction of a motorway and a bridge. FIDIC Red Book contracts. ICC arbitration for a public works authority of a Middle Eastern State in regard to disputes arising out of the construction of a water distribution system. Representation of a consortium constructing a metro system in a European city to audit both the dispute resolution mechanism in the contract and multiple disputes before the local courts. Representation of a European public works contractor before the US courts in relation to a consultancy dispute arising out of the construction of a toll road project in Eastern Europe. Representation of a European environmental services company in an ICC arbitration arising out of a BOT project for the construction of a waste management plant in Asia. Representation of Scandinavian oil and gas company in multi-party litigation in France arising out of the construction of vessels. 5

6 Representing the owner and operator of a polypropylene manufacturing plant in an ICC arbitration against the owner and operator of a petroleum refinery. Supply dispute arising from defective plant performance. Representing a petroleum corporation as claimant in an ICC arbitration involving a dispute arising out of a seismic study contract to be carried out offshore Africa. Advising in relation to a multi-party ICC arbitration regarding a turnkey contract for a manufacturing plant in South America. ICC arbitration between a French distributor in the drinks sector and an Eastern European company in relation to a share purchase dispute. Advising a US government agency in relation to potential investment treaty and commercial arbitrations in connection with the expropriation of industrial plant in South America. Advising a US group in relation to a potential investment treaty arbitration against a South American state. Advising an African State in relation to a potential arbitration arising out of the development of a game park. Pre-litigation/arbitration assistance to a European distributor in the chemical manufacturing sector in relation to polluted industrial sites in France. Representing the Polish subsidiary of a French distributor in an ICC arbitration relating to the supply of materials by a Middle Eastern company. Mediation of a dispute between a French software integrator and a US software manufacturer. Transactional construction and general commercial contract work: advising in relation to various construction and engineering contracts for industrial plant and equipment; in the context of BOT projects; construction contracts for subsea facilities; a wide range of general commercial contracts. 6

JULIAN D M LEW QC. Arbitrator

JULIAN D M LEW QC. Arbitrator JULIAN D M LEW QC Arbitrator Julian Lew has been involved with international arbitration for more than 40 years as an academic, counsel and arbitrator. Before 2005, he was a partner and for some years