Elodie Dulac edulac@kslaw.com +65 6303 6004 Elodie Dulac is a partner in King & Spalding s Singapore office and a member of the firm s International Arbitration group. Ms. Dulac has represented clients in commercial and investment arbitrations around the world, with a particular focus on Asia, where she has been based for most of the past twelve years. She has worked on international arbitrations under the rules of the ICC, ICSID, SCC, SIAC, and UNCITRAL. In addition to her work as counsel, Ms. Dulac has been appointed as an arbitrator in ICC, SIAC and ad hoc arbitrations. She also serves as an Expert Consultant for the World Bank on the reform of the international arbitration regime in Vietnam. She is the co-chair of the Asia-Pacific Forum for International Arbitration. Ms. Dulac is admitted to practice in both civil law and common law jurisdictions. Prior to joining King & Spalding, Ms. Dulac worked in the international arbitration group of a major international law firm in Singapore and in Washington, D.C. Professional Background 2015-present: Partner, King & Spalding, International Arbitration Group, Singapore 2010-2014: Senior Associate, King & Spalding, International Arbitration Group, Singapore 2008-2010: Associate, Shearman & Sterling, International Arbitration Group, Washington D.C. 2004-2008: Associate, Shearman & Sterling, International Arbitration Group, Singapore Admitted to Practice Solicitor, England and Wales (2010) Avocate, Paris, France (2005) Foreign Lawyer, Cambodia (2013) Education LLM, University of London, King s College, United Kingdom (2002) DEA (J.D. equivalent), University Paris I Panthéon-Sorbonne, France (2000) Nationality French 1
Recent Experience as Counsel Representing Garanti Koza, a UK construction contractor in an ICSID arbitration against Turkmenistan arising out of violations by Turkmenistan of its obligations under the UK- Turkmenistan BIT. Our client recently defeated Turkmenistan s objection to jurisdiction in a pioneering decision by the Tribunal based on the BIT s most favoured nation provision. Over USD 65 million is in dispute. Representing affiliates of Astro, a Malaysian media group, in two UNCITRAL arbitrations against India under the UK-India BIT and the Mauritius-India BIT. Representing a large independent oil company in an UNCITRAL arbitration in London against a South East Asian pipeline operator. The tribunal awarded our client over USD 70 million plus compound interest and most of our costs. Set aside proceedings are pending. Representing an Asian production sharing contractor in multiple disputes against the host government all subject to ad hoc arbitration in Asia. Billions of dollars are at stake. Representing an oil major in cost recovery disputes against an Asian host government. Representing an Asian construction contractor in an ICC arbitration in Geneva against a European subcontractor concerning an LNG project in Asia. Swiss law governs. Representing Dow Chemical Company in an ICC arbitration in London against Petrochemical Industries Company, which is wholly-owned by the State of Kuwait, arising out of a wide-ranging joint venture agreement. English law governed. The tribunal awarded our client damages, interest and costs of over USD 2.48 billion one of the largest arbitration awards in history. Dow received USD 2.2 billion in a direct cash payment from PIC. Representing a European industrial company in an ICC arbitration in Zurich against a Korean company concerning a joint venture in China. Korean law governed. Representing two Vietnamese textile companies in an ICC arbitration in Singapore against a North American company concerning a joint venture in Vietnam. Vietnamese law governed. Representing a Russian industrial company in an ICC arbitration in Istanbul against a French company, arising out of the opposing party s failure to close the sale of a business. Over USD 70 million is in dispute. Turkish law governed. Representing a US private equity house in an UNCITRAL arbitration in Singapore against an investee company from South Asia. Our client prevailed on all its claims. Representing an Asian automobile manufacturer in an ICC arbitration in Singapore against a Middle Eastern distributor. Korean law governed. All claims against our client were dismissed and an award of costs was made in our client s favour. Representing a downstream subsidiary of an oil major in an ICC arbitration in Singapore against one of its Indonesian distributors. Indonesian law governed. Our client obtained the dismissal of all claims and an award of most of its costs. Representing African State in an ICSID arbitration brought by European investor. Representing North American investors in an ICSID arbitration against Egypt. 2
Representing Malaysian Historical Salvors in its successful action to annul an ICSID award made in favour of Malaysia. Representing SGS as claimant in its ICSID arbitration against the Republic of the Philippines, resulting in a settlement of CHF 150 million (of CHF 174 million claimed). Representing European investors in an SCC arbitration brought under the Energy Charter Treaty. Experience as Arbitrator Appointed by the ICC Court as sole arbitrator in an arbitration in Singapore between two Cambodian parties. Cambodian law governs. Appointed by the President of the SIAC Court of Arbitration as sole arbitrator in three arbitrations in Singapore under the 2013 SIAC Rules between a Singaporean party and an Indian party. Singapore law governed. Appointed by the ICC Court as sole arbitrator in an ICC arbitration in Singapore between a Singaporean party and a Sri Lankan party. Singapore law governed. Appointed by the Chairman of the SIAC as sole arbitrator in an SIAC arbitration in Singapore between a Thai party and an Indonesian party. English law governed. Appointed by the Chairman of the SIAC as sole arbitrator in an ad hoc arbitration in Singapore between a Singaporean party and a Mongolian party. Singapore law governed. Pro Bono Experience Civil Party Lawyer, Extraordinary Chambers in the Courts of Cambodia (Khmer Rouge Tribunal), Phnom Penh, Cambodia, 2013 - present. Visiting Lecturer, Settlement of International Disputes, Addis Ababa University School of Law, Ethiopia, March 2014. Visiting Lecturer, International Arbitration Course, University of Bahir Dar, Ethiopia, May 2013 and May 2014. Visiting Lecturer, International Investment Law Course, University of Mekelle, Ethiopia, September 2011. Secondment to the Office of the Prosecutor at the UN International Criminal Tribunal for Rwanda, Arusha, Tanzania, November 2006. Publications The Singapore International Arbitration Centre and International Arbitration in Singapore, Kluwer Law International (co-author with J. Savage and S. Dunbar) (Kluwer, publication forthcoming in 2017). The 2016 SIAC Rules: New Features, Indian Journal of Arbitration Law (publication forthcoming). Dar Es Salaam: A Focus on East Africa, Global Arbitration Review, April 22, 2015 (co-author). Report on ICCA New York Convention Roadshow in Addis Ababa, Ethiopia, ICCA Newsletter, January 2015. 3
Chinese Investment Treaties: What Protection for Foreign Investment in China?, in M.J. Moser (ed.), Doing Business in China, Juris Publishing, 2014. International Arbitration Through the Prism of Users from a Developing Country, Ethiopia, Young ICCA Blog, November 15, 2013. The Protection Offered by Umbrella Clauses in Korean Investment Treaties, Journal of Arbitration Studies, vol. 23, no. 3, September 2013 (co-author). Addis Ababa: Time to sign up to the New York Convention?, Global Arbitration Review, June 2013 (co-author). Chapter 5 Chinese Investment Treaties: What Protection for Foreign Investment in China?, in M.J. Moser (ed.), Dispute Resolution in China, Juris Publishing, July 2012. Investment Treaties and Investment Arbitration in Asia: Coming of Age, Transnational Dispute Management, Vol. 8, Issue 5, December 2011. The Emerging Third Generation of Chinese Investment Treaties, Transnational Dispute Management, Vol. 7, Issue 4, December 2010. Chinese Investment Treaties: What Protection for Foreign Investment in China?, in M.J. Moser (ed.), Doing Business in China, Juris Publishing, 2009 and 2011 update. Structuring an Investment to Enhance Investment Treaty Protection?, Singapore Arbitrator, Singapore International Arbitration Centre, April 2008. The New Generation of China BITs: Will More Investor Protection Mean More Arbitration?, The Asia Pacific Arbitration Review 2007 (co-authored with John Savage). Selected Presentations Speaker, Advocacy in International Arbitration, Young SIAC Seminar, Singapore, July 2016. Speaker, Realities of a Career in International Arbitration: The Difficulties and Rewards, Moot Alumni Association-ICC Conference on Confrontation and Cooperation in International Arbitration: Finding a Common Path in Cross-Border Disputes, Hong Kong, March 2016. Speaker, Structuring Investments to Benefit from Investment Treaty Protection, King & Spalding s Africa Oil & Gas Conference, Houston, February 2016. Speaker, Managing Time and Costs in International Arbitration, 2nd Annual Symposium for Arbitrators and Mediators, Jakarta, December 2015. Speaker, Document Production in International Arbitration, IBA-APAG Training Day, Jakarta, November 2015. Speaker, Drafting Arbitration Agreements Dos and Don'ts, French Chamber of Commerce, Singapore, September 2015. Speaker, Recognition and Enforcement of Foreign Arbitral Awards in Singapore, World Bank s Training on the 2010 Law on Arbitration and the 1958 New York Convention, Hanoi, April 2015. Co-organiser and speaker, Risks of Arbitrating Oil & Gas Disputes Involving States and State-Owned Entities, 3 rd East Africa International Arbitration Conference, Dar Es Salaam, April 2015. 4
Chair, Session on Investment Treaty Arbitration, International Bar Association s 4th Asia Pacific Regional Forum Conference, Singapore, March 2015. Speaker, Preparation for the Ratification of the New York Convention by Ethiopia, International Conference on ADR and Arbitration, Addis Ababa Chamber of Commerce and Sectoral Associations- Chamber Trade Sweden, Addis Ababa, November 2014. Speaker, ICCA New York Convention Roadshow, Addis Ababa, September 2014. Co-organiser and speaker, Investment Treaty Arbitration and East Africa, East Africa International Arbitration Conference, Nairobi, July 2014. Chair, Young ICCA-Asia Pacific Forum International Arbitration Skills Workshop, Singapore, June 2014 Rapporteur, International Council for Commercial Arbitration (ICCA) Congress, Miami, April 2014. Panelist, Asia-Pacific Forum for International Arbitration University of Sydney Symposium, Asia- Pacific International Arbitration: What s Next?, Sydney, December 2013. Speaker, Young ICCA, International Arbitration Skills Workshop, Sydney, December 2013. Arbitrator, Foreign Direct Investment Moot, Asia Rounds, New Delhi, August 2013. Speaker, Introduction to International Arbitration and Drafting Arbitration Agreements Dos and Don ts, Legal Aid of Cambodia Justice pour le Cambodge Conference, Phnom Penh, August 2013. Speaker, International Commercial Arbitration: What, Why, How?, Addis Ababa Chamber of Commerce and Sectorial Associations Conference, Addis Ababa, Ethiopia, June 17-21, 2013. Panelist, Australasian Forum for International Arbitration LCIA s Young International Arbitration Group Symposium, Singapore, April 2013. Panelist, ICC Young Arbitrators Forum Australasian Forum for International Arbitration HK45 Symposium, The Future of Asian Arbitration, Hong Kong, March 2013. Panelist, Australasian Forum for International Arbitration Symposium, New Delhi, October 2012. Speaker, Young ICCA, Oral Advocacy for the Young Arbitration Practitioner, Singapore, June 2012. Speaker, Investment Treaty Protection, APEC Investment Experts Group Conference, Singapore, March 2012. Panelist, ICC Young Arbitrators Forum Australasian Forum for International Arbitration Symposium, Hong Kong, March 2012. Speaker, The Protection Offered by Investment Treaties in Asia, Asia-Pacific In-House Counsel Summit, Hong Kong, March 2012. Speaker, What the Opposing Party Might Be Thinking A Comparative Discussion of Arbitration Practice in Asia and North America, ICC Young Arbitrators Forum, San Francisco, March 2012. Visiting Lecturer, International Investment Law Course, City University, Hong Kong, November 21-25, 2011. 5
Speaker, Fair and Equitable Treatment, Conference on Contemporary Issues in Investment Arbitration: Challenges and opportunities for Asia s Growth & Development, UNCTAD-City University, Hong Kong, November 2011. Speaker, Comparative Law in Practice, Singapore School of Management, November 2011. Speaker, APEC-UNCTAD Workshop on Investor-State Dispute Settlement, Manila, Philippines, June 2011. Speaker, What Protection for Foreign Investments in Asia under Investment Treaties and How to Structure an Investment to Enhance Investment Treaty Protection?, French Chamber of Commerce, Singapore, June 2011. Panelist, Australian Forum for International Arbitration Symposium, Singapore, May 2011. Speaker, Investment Treaty Disputes In Asia, International Arbitration, ADR and Mediation Summit, Kluwer, Hong Kong, May 2011. National Institute for Trial Advocacy, Faculty Member, 2010-2011. Speaker, Investor-State Arbitration: Annulment and Appellate Mechanisms, International Law Institute s Foreign Investment Agreements and Investor-State Dispute Resolution Course, Washington, D.C., October 2009. Speaker, The 2004 United States Model Bilateral Investment Treaty, Conference International Arbitration: A Look at the Future of International Dispute Resolution, University of Virginia School of Law, February 2009. Selected Professional and Business Activities Member, Reserve Panel, Singapore International Arbitration Centre Member, Panel of Arbitrators, Kuala Lumpur Regional Centre for Arbitration Member, LCIA-Mauritius International Arbitration Centre s database of arbitrators Member, Singapore International Arbitration Centre s Users Council Asia-Pacific Forum for International Arbitration (AFIA), Co-chair Member, ICCA Alumni, School of International Arbitration, Queen Mary, University of London Recognition Rising Star, Commercial Arbitration Singapore, Expert Guides LGM Rising Stars 2015 and 2016 6