Gabriele Ruscalla
Counsel
Gabriele Ruscalla is a member of the International Arbitration and Dispute Resolution Practice.
Gabriele has more than a decade of experience in international arbitration, and has broad experience in high-value, complex disputes under most arbitral institutions (e.g. ICC, LCIA, SIAC, SCA, UNCITRAL, ICSID, SCC), numerous governing laws (e.g. the laws of France, Italy, Switzerland, Belgium, Qatar, Kuwait, UAE, Algeria, international law), and arbitral seats. He has represented corporate clients, States and state entities in both international commercial and investor- State arbitrations, and has acquired specific expertise in construction, energy, oil & gas, and distribution matters as well as investment protection and public international law.
Gabriele also acts as counsel in litigation proceedings before French courts in matters dealing with the setting aside or recognition and enforcement of arbitral awards.
Before joining Liedekerke, Gabriele was Counsel at the Secretariat of the ICC International Court of Arbitration. Part of his responsibilities involved managing a team handling over 350 international arbitrations, scrutinising partial and final awards as well as providing neutral advice to arbitrators and parties on several procedural issues (including the constitution of the arbitral tribunals, the emergency arbitration proceedings, and jurisdictional issues relating to multi-party / multi-contract arbitrations).
Gabriele previously held a position as Senior Research Fellow in the Department of Dispute Resolution and Public International Law of the Max Planck Institute for International, European and Regulatory Procedural Law. Earlier on in his career, he worked as an associate in the International Arbitration Group of a global law firm in Paris, for almost three years.
Gabriele is Adjunct Professor of Business and Human Rights at IE Law School (Madrid) and teaches International Commercial and Investment Arbitration as Lecturer at HEAD Law School (Paris) as well as at the Catholic University of Lille (Paris Campus). He frequently publishes articles and notes on, and regularly speaks at conferences and seminars about international arbitration-related subjects.
He is admitted to the Paris Bar (Avocat à la Cour) and registered as Foreign Lawyer to the Brussels Bar.
Gabriele joined Liedekerke as Senior Associate in 2021.
Contact
Mobile Phone
Studies
Università Bocconi of Milan (PhD in International Law & Economics) 2015
Université Paris 1 Panthéon-Sorbonne, Columbia Law School and Sciences PO Paris, under the aegis of the Alliance Programme (Research Master in Global Business Law and Governance) 2010
University of Milan (Master in International Relations specialisation in International Law) 2008
Relevant expertise
Representing a Middle Eastern corporation in an ICC multi-party arbitration related to a construction project in Algeria. Place of arbitration: Paris. Language: French. Applicable law: Algerian law
Representing the Kuwaiti branch of a corporation in an ICC multi-party arbitration related to a construction project in Kuwait. Place of arbitration: Geneva. Language: English. Applicable law: Kuwaiti law
Representing a UAE company in an ICC multi-party arbitration related to the breach of distribution and dealership agreements. Place of arbitration: Brussels. Language: English. Applicable law: Belgian law
Representing three Qatari companies in an ICC multi-party arbitration related to major infrastructure project in Qatar. Place of arbitration: Doha. Language: English. Applicable law: Qatari law
Representing a Qatari joint-venture in an ICC arbitration related to a construction project in the Middle East. Place of arbitration: Doha. Language: English. Applicable law: Qatari law
Representing two construction companies in an LCIA arbitration in relation to a banking dispute. Place of arbitration: Abu Dhabi. Language: English. Applicable law: UAE Federal Laws
Representing an RDC company in a CCJA arbitration in relation to a commercial dispute. Place of arbitration: Abidjan. Language: French. Applicable law: Law of the RDC
Representing a European company in annulment proceedings of an ICC award before the International Commercial Chamber of the Paris Court of Appeal
Advising a European company in relation to potential investor-State proceedings against an African State
Publications/Speaking Engagements
Chapters
The ICC International Court of Arbitration: a Chameleonic Arbitral Institution Adapting to Modern Times, in International Arbitration: Trends and Practice from the Past to the Future (A. Colorio and F. Cozzi eds.) (forthcoming)
Conciliazione nell’arbitrato degli investimenti, in Trattato di Diritto dell’Arbitrato, Vol. XII – Arbitrato degli Investimenti Internazionali (C. Mantucci ed., 2020)
La Corte internazionale di arbitrato: il suo regolamento e le sue pratiche, in Terzo Rapporto Annuale sull’Arbitrato. Impugnazione e Revisione del Lodo (Pacini ed., 2017)
Procedural Fairness in the Civil Law Tradition, in Procedural Fairness in International Courts and Tribunals (F. Fontanelli and A. Sarvarian eds., 2015)
Articles
‘Sanctions and International Arbitration’, GAR European Arbitration Review, 2023, forthcoming
‘What to do with the Energy Charter Treaty?”, Financier Worldwide Magazine, July 2023
‘Belgium’, Global Arbitration Review, 2021, 2022 and 2023 editions
‘Latest Developments in Conciliation and Mediation in Investor-State Disputes’, 16(3) Revista Brasileira de Arbitragem 96 (2019)
‘Transparency in International Arbitration: Any (Concrete) Need to Codify the Standard?’, 3(1) Groeningen Journal of International Law 1 (2015)
‘United States – Certain Country of Origin Labelling Requirements, ARB-2012-1/26, WTO Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes’, 22(1) Italian Yearbook of International Law 341 (2012)
Book Reviews
The ICSID Convention, Regulations and Rules: A Practical Commentary (J. Fouret, R. Gerbay, and G. M. Alvarez eds., 2019), ICC Bulletin, 2020
Speaking Engagements
‘Arbitral Institutions and Investor-State Arbitration’, DLA Piper - Milan Investment Arbitration Pre-Moot, Milan, 26 May 2023
‘The Current Status of the Negotiations of the ECT’, Workshop on ‘Investment Arbitration and EU Law’, Energy Law Group’ Event, Paris, 12 May 2023
‘Enforcing Awards Against Sovereigns has Become a Highway to Hell’, IBA-40 Symposium @ IBA Arbitration Day, Lisbon, 12 April 2023
‘Enforcement and Setting-Aside Proceedings before French Courts’, ICC Africa Yaoundé Conference, Cameroon, 16-17 March 2023
Closing remarks, ‘Managing New Business Frontiers in Africa: The Role of Arbitration’, Liedekerke’s Event @ Paris Arbitration Week, Paris, 28 March 2023
Chair of the session ‘The Relevance of the European Convention on Human Rights to Businesses’, Summer School “Business and Human Rights for Legal Practitioners”, UAI/IE Law School, Madrid, 8 July 2022
‘Arbitral Institutions - What do we expect from them in order to improve legitimacy of Arbitration?’, 4th Global Conference of the Co-Chairs’s Circle “Legitimacy in and of Arbitration”, Brussels, 3 June 2022
‘The Unwritten Rules of a Career in International Arbitration’, ICC YAF, online, 18 January 2022
‘Terms of Reference in ICC Arbitration’, E-Pida seminar for in-house counsel, Institute of World Business Law, online, 14 September 2021
‘Discussion on Investor State Related Issues among Arbitral Institutions’, Investment Arbitration Colloquium of the Milan Investment Arbitration Week, online, 18 February 2021
‘Egalité des armes en arbitrage d'investissement’, ICC YAF, online, 10 February 2021
‘The International Protection of Foreign Investors between Contract and Treaty’, The Cairo Regional Centre for International Commercial Arbitration, Macchi di Cellere Gangemi Webinar Series on selected topics of international investment and commercial arbitration, online, 27 January 2021
‘Push for Parity’, ICC Court’s policies on diversity, ERA Young Practitioners Sub-Committee, online, 23 September 2020
‘The Role of Witnesses’, Colloquium on Actors in International Investment Law: Beyond Claimants, Respondents and Arbitrators, Université Paris II Panthéon-Assas, Paris (France), 26-27 September 2019 (selected)
‘Taking Stock of the New Rules of the Arbitral Institutions: Expedited Procedural Rules, Early Dismissal of Claims Rules, Rules on Transparency’, Herbert Smith Freehills Regional Arbitration Symposium, Frankfurt (Germany), 13-14 June 2019
‘Technological Evolution: Are Arbitration Institutions Ready?’, European Regional Meeting of the International Association of Defence Counsel, Istanbul (Turkey), 31 May 2019
‘GRDP and Arbitration’, Paris Arbitration Week Event, DLA Piper, Paris (France), 4 April 2019
‘Il ruolo delle istituzioni arbitrali negli arbitrati in materia di investimenti’, Conference “L’arbitrato in materia degli investimenti”, Università di Roma 3 and Presidenza del Consiglio, Rome, 21 March 2019
‘Third Party Funding from a Civil Law, Common Law and Middle Eastern Perspective’ and ‘Best Practices in International Arbitration’, “Arbitration Week End”, Centre for Advanced Research in Dispute Settlement, Damodaram Sanjivayya National Law University, Vizag, India, 29-30 September 2018
‘The ICC Experience in Arbitrations involving Third Party Funding’, Seminar “Litigation Funding: Monetisation of Judgments and Arbitral Awards”, Legance, Rome, 1 June 2018
Moderator, Panel ‘Euro-vision: a year in review’, 2nd ICC European Conference, Paris, 9 April 2018
‘Procédure accélérée CCI: Quels avantages et différences avec le règlement classique de la CCI ?’, Conférence Option Finance “Les Rencontres de l’Arbitrage et du Contentieux – 4ème édition”, Paris, 30 January 2018
‘Privilege and Third Party Founding’, Norton Rose Fullbright and Queen Mary Conference “ICCA-QMUL Report on Third Party Founding”, London, 8 November 2017
‘Organización de las etapas del proceso decisorio’ Conference “Dabo tibi ius: El proceso decisorio en el arbitraje internacional”, Club Español del Arbitraje – Capítulo Italiano, Naples, 6 October 2017
‘Increasing Transparency in Commercial & Investment Arbitration – A Welcome Reform? For the Motion (Commercial Arbitration)’, Cambridge Arbitration Day, Cambridge University, Cambridge, 18 March 2017
Moderator, ICC Young Arbitrators Forum “What Next in Investment Arbitration? Topical Issues on Jurisdiction and Standing”, Shearman & Sterling LLP, Paris, 20 February 2017
‘The Emergency Arbitrator and Interim Measures in the ICC International Court of Arbitration’s Practice’, AIA-Young ICCA Skills Training Workshop “Interim Measures and Emergency Arbitration in Practice”, Gianni, Origoni, Grippo, Cappelli & Partners, Rome, 28 October 2016
‘Private Arbitration: The International Chamber of Commerce (ICC) Arbitration Rules’, AIDV International Conference “Legal Tools for the Protection of Local Wineries in a Global Market”, Siena, 16-18 September 2016
‘La revisione del lodo nel Regolamento CCI’, Convegno “Terzo Rapporto annuale sull’arbitrato - Impugnazione e revisione del lodo arbitrale”, Palazzo Montecitorio, Rome, 27 May 2016
‘The ICC Arbitration Practice in Oil-and-gas Matters’, Conference “What Energy Union?”, Bocconi University, Milan, 30 April 2016
‘Le traitement du contentieux dans le Traité de partenariat transatlantique de commerce et d’investissement’, Conférence “Le TTIP Partenariat Transatlantique de Commerce et d’Investissement. Enjeux et perspectives pour le droit du commerce international”, Association internationale du droit économique, Collège d’Europe, Bruges, 15 April 2016
‘Multi-party, Multi-contract Arbitration: How to deal with it’, Joint Colloquium CEA-40 & CEPANI 40, Brussels, 20 February 2016
‘Why Are We so Afraid of “Contractual Transparency”? The Case of International Investment Contracts’, International Conference “Transparency vs Confidentiality in International Economic Law: Looking for an Appropriate Balance”, Ravenna Law School, Ravenna, 20 November 2015
‘The Application of In Whose Name to Investment Litigation’, Workshop “In Whose Name? On the Functions, Authority and Legitimacy of International Adjudication”, The Asser Institute, The Hague, 7-8 September 2015
‘The Protection of Commercial Interests in the East and South Seas Disputes: Status Quo and Possible Improvements’, 2015 ILA-ASIL Asian-Pacific Research Forum “Integrating the Asia-Pacific: Why International Law Matters?”, Taipei, 25-26 May 2015
Recognition
Gabriele Ruscalla is ranked as “excellent” in the area of International Arbitration by Leaders League 2022.
Memberships & Admissions
Member of the Paris bar (Avocat à la Cour)
Registered as Foreign Lawyer to the Brussels Bar
Member, International Bar Association
Member, Associazione Italiana per l’Arbitrato (AIA)
Member, Swiss Arbitration Association (ASA)
Member, CEPANI
Languages
- Italian
- English
- French
