Simon Batifort's practice focuses on investment treaty arbitration, international commercial arbitration, and public international law. He joined Curtis' New York office in 2011 and became a partner in 2019. He relocated to Brussels in 2021 to establish a new office for the firm.

International Arbitration

Mr. Batifort has extensive experience representing sovereign states, state-owned entities and private companies in arbitrations conducted under various rules, including those of the International Centre for Settlement of Investment Disputes (ICSID), the United Nations Commission on International Trade Law (UNCITRAL), and the International Chamber of Commerce (ICC). His cases have involved a wide range of sectors, including natural resources, telecommunications, construction, joint ventures, real estate and taxation. He has also served as an arbitrator.

Among other high-profile disputes, he successfully represented the respondent States in Venezuela Holdings v. Venezuela, in which Curtis secured the largest annulment in ICSID history, and in Içkale v. Turkmenistan, Erhas et al. v. Turkmenistan, and Khadamat v. Kingdom of Saudi Arabia, obtaining full dismissal of the claims and costs awards. He is currently representing governments in Asia, Europe, Latin America and the Middle East in several arbitrations arising under bilateral and multilateral investment treaties.

He has been recognized as a Rising Star in international arbitration by Law360 and as a Key Lawyer in international arbitration by Legal 500. Who’s Who Legal – Arbitration: Future Leaders has ranked him as one of the Most Highly Regarded arbitration attorneys under 45, noting that he "impresses peers with his technical expertise and 'business acumen beyond his years.'" He has also been recognized as a Rising Star in Commercial Arbitration by Euromoney Legal Media Group’s Expert Guides. Sources refer to him as a "formidable practitioner when it comes to investment treaty arbitration."

Thought Leadership

Mr. Batifort publishes and speaks regularly on issues of international arbitration and public international law. He was awarded the 2019 Smit-Lowenfeld Prize for Best Article in International Arbitration for "The New Debate on the Interpretation of MFN Clauses in Investment Treaties: Putting the Brakes on Multilateralization," which was published in the American Journal of International Law and was the subject of an AJIL Unbound symposium.

He is a member of the Executive Council of the American Society of International Law (ASIL), a co-chair of ASIL’s Dispute Resolution Interest Group, and served as co-chair of ASIL’s 2021 Annual Meeting Committee. He is a member of the European Society of International Law, the International Law Association, the Society of International Economic Law, and sits on the Arbitration Committee of the New York City Bar Association. He is also an Adjunct Professor at Brooklyn Law School, where he teaches investment treaty arbitration.

Admitted to the bar in New York, Paris and Brussels (E-list), he holds degrees in public and private international law, civil law, common law and comparative law from Université Panthéon-Assas (Paris II), Université de Montpellier and NYU School of Law, where he served as a research assistant to Professor José E. Alvarez and as a graduate editor for the Journal of International Law and Politics. Prior to joining Curtis, he worked as in-house counsel for one of the world’s largest construction companies and interned at both the ICC International Court of Arbitration and the International Court of Justice.

Publications

Psychology in Oral Advocacy: Using Science to Persuade International Tribunals, Kluwer Arbitration Blog (September 6, 2021) (co-author)

The Future of Investor-State Dispute Settlement under the Energy Charter Treaty, Kluwer Arbitration Blog (March 29, 2021) (co-author)

The Right to Raise New Arguments on Jurisdiction in Annulment Proceedings, 1 ICC Dispute Resolution Bulletin 29 (February 2021) (co-author)

Commentary of Articles 56-58 of the ICSID Convention (Replacement and Disqualification of Conciliators and Arbitrators), in The ICSID Convention, Rules and Regulations: A Commentary (Elgar Publishing, December 2019) (co-author)

The Once and Future Law of Non-Discrimination: Revisiting Most Favored Nation and National Treatment, ASIL Proceedings (March 2019)

Third-Party Funding in Investment Disputes, Chapter 16, Business Guide to Trade and Investment, Vol 2 (October 2018) (co-author)

The New Debate on the Interpretation of MFN Clauses in Investment Treaties: Putting the Brakes on Multilateralization, 111(4) American Journal of International Law 873 (2018) (co-author)

Third-Party Funding: Security for Costs and Other Key Issues, in The Investment Treaty Arbitration Review (Bart Legum ed., 2nd Edition, 2017) (co-author)

Third-Party Funding: Security for Costs and Other Key Issues, in The Investment Treaty Arbitration Review 97 (Bart Legum ed., 1st Edition, 2016) (co-author)

Investment Arbitration: Jurisdiction and Procedure, in The International Arbitration Review 1 (James H. Carter ed., 6th Edition, 2015) (co-author)

Jurisdiction and Procedure in Investment Arbitration – New Developments, in The International Arbitration Review 1 (James H. Carter ed., 5th Edition, 2014) (co-author)

Recent Trends in Investment Arbitration, in The International Arbitration Review 1 (James H. Carter ed., 4th Edition, 2013) (co-author)

Languages

English

French

Spanish

Simon Batifort's practice focuses on investment treaty arbitration, international commercial arbitration, and public international law. He joined Curtis' New York office in 2011 and became a partner in 2019. He relocated to Brussels in 2021 to establish a new office for the firm.

Rising Star in International Arbitration

Law360, 2020

Key Lawyer in International Arbitration

Legal 500 USA, 2020

Recognized as one of the
Most Highly Regarded arbitration attorneys under 45

Who's Who Legal - Arbitration: Future Leaders, 2017-2020

Simon Batifort is a "formidable practitioner when it comes to investment treaty arbitration," comment peers.

Who's Who Legal - Arbitration: Future Leaders

Winner of the 2019
Smit-Lowenfeld Prize for Best Article on International Arbitration