Thomas Bevilacqua

Partner - Paris

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Contact Information

+33(0)170366133

+33(0)170366131

tbevilacqua@foleyhoag.com Download vCard

Thomas Bevilacqua, a partner in Foley Hoag’s Paris office, concentrates his practice on international arbitration and litigation matters.

Thomas’s practice consists principally of counseling clients throughout all phases of international commercial and investment arbitration matters.  He has acted as counsel in some fifty international arbitrations, including increasingly in recent years in investor-State disputes under the ICSID and UNCITRAL rules, in addition to his continuing practice in commercial disputes under the leading sets of commercial arbitration rules.  In particular, he appears regularly as counsel in administered international arbitration matters, most frequently, though not exclusively, in matters administered by the ICC.

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Education:

  • Université de Paris I, LL.M., mention bien, 2001
  • Albany Law School, J.D., magna cum laude, 1995
  • State University of New York at Albany, B.A., summa cum laude, Phi Beta Kappa Society, 1991

Languages:

French, English

Representative Experience

  • Nova Scotia Power Incorporated v. The Bolivarian Republic of Venezuela.  Thomas currently serves on a team of lawyers representing the Bolivarian Republic of Venezuela in advancing jurisdictional objections in an ICSID Additional Facility arbitration relating to an agreement for the purchase and sale of coal.
  • Murphy Exploration and Production Company International v. The Republic of Ecuador.  Thomas was one of the primary drafters of the memorials leading to the dismissal, in favor of the Republic of Ecuador, of this ICSID BIT arbitration on jurisdictional grounds.  He has also been serving as counsel to Ecuador since the re-filing of the petroleum sector claim as an UNCITRAL arbitration.
  • Repsol YPF Ecuador S.A. et al v. The Republic of Ecuador and PetroEcuador.  Thomas assisted the Republic of Ecuador and State-owned oil company Petroecuador in this ICSID BIT arbitration initiated by a consortium of international oil companies premised on the Republic's imposition of a windfall-profits levy on certain oil operations in Ecuador.
  • Several Dozen Commercial Arbitrations.  Thomas has served as counsel in dozens of commercial arbitrations. His clients have been actors in a wide array of industries covering the following sectors: offshore engineering and construction, waste valorization, pharmaceuticals, cultural and educational products, electricity generation and transmission, industrial distribution, infrastructure development, and software and other new technologies, among others. These matters have been governed by a host of substantive laws, including the laws of different common law and civil law systems. He is also familiar with the law of arbitration of many of the most commonly-designated seats of arbitration. 

Professional Experience

  • Previously worked as a partner in the International Arbitration Practice Group at Winston & Strawn (Paris office) and as an associate in the International Arbitration Practice Group at Salans (Paris office) and the Commercial Litigation Practice Group at Akin, Gump, Strauss, Hauer & Feld (Houston office).
  • “Maître d’enseignement” at the l’École de formation professionnelle des Barreaux (Paris), courses on the subject of the “arbitration clause” (since 2012)
  • Professeur invité at the Université Paris Ouest Nanterre La Défense, M2 Juriste Européen, Unité “Droit Anglo-américain des affaires” (2010-2012)
  • Served as a law clerk to the Hon. Earl S. Hines of the U.S. District Court for the Eastern District of Texas.
  • Practical Law Company’s Cross-Border Arbitration Handbook, "France Arbitration" chapter, 2012/2013 edition (also prepared the 2011/2012 and 2010/2011 editions), co-author
  • “Reinvigorated Debate: The Hague Evidence Convention,” IFLR Global Dispute Resolution Guide 2010
  • “Ensuring Party Equality in the Process of Designating Arbitrators in Multiparty Arbitration: An Update on the Governing Provisions,” 27(1) Journal of Int’l Arbitration 9-49 (2010), co-author
  • Practical Law Company’s Cross-Border Dispute Resolution Handbook, "France Civil Procedure" chapter, 2009/2010 edition (also authored the 2008/2009 and 2007/2008 editions), co-author
  • “Révolution de Palais en Procédure Civile,” Décideurs – Stratégie Finance Droit, No. 98 (Oct. 2008), co-author
  • “Voluntary Intervention and Other Participation of Third Parties in Ongoing International Arbitrations: A Survey of the Current State of Play,” 1(4) World Arb. & Mediation Rev. 507-537 (2007)
  • “L’Article 3 de la Convention de Vienne et les contrats complexes dans le domaine de l’informatique: Une lecture de la jurisprudence pertinente,” 50(3) McGill Law Journal 553-593 (2005), republished on www.cisg.law.pace.edu
  • Best Lawyers, "Best Lawyers in France - International Arbitration" (2013)
  • Speaker at the Kiev Arbitration Days on the subject of “Public Policy and Arbitration in France” (November 2013) 
  • Speaker at in-house and external training sessions on “International Commercial Arbitration: Fundamentals of the Arbitration Process and Effective Arbitration Clauses” (Boston, February and June 2013)
  • Speaker on “Key Legal Concepts: The Arbitration Clause” and “Drafting an Arbitration Clause” at the International Law Institute, ADR Center, Arbitration & Mediation Seminar, (Washington, D.C., April 2010)
  • Presentation on “International Commercial Arbitration: Some Procedural Basics” in Washington, D.C., New York City, and Chicago, July 2009
  • Speaker on “Practical Guidance for Application of the 1970 Hague Evidence Convention” (in French) for the Paris Bar, July 2008
  • Speaker on “Advice on Drafting Legal Memoranda and Analyzing Caselaw in English: Achieving Awareness of the Stylistic and Terminological Peculiarities of English-Language Legal Writing” for the Paris Bar, October 2007
  • Speaker on “The Scope of Application of the Vienna Sales Convention” (in French) for Paris Bar, July and December 2006
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Bar Admissions

  • Paris
  • New York
  • Texas