Every day is a new day for Yas Banifatemi, a partner at Shearman & Sterling in Paris. An internationally acclaimed leader in international arbitration and public international law, Banifatemi works in an area of law that is very fluid and where clients regularly confront highly complex – and often emerging – issues.
“What I love about arbitration is that this is a field where you can truly be creative,” she says. “The law is in the making, so you can be a pioneer of the law.”
In many ways, Banifatemi has already been a pioneer. When she joined Shearman & Sterling 17 years ago, the arbitration field was clearly male-dominated. Today, not only is she the head of the firm’s Public International Law practice, but she was instrumental in the development of the firm’s investment arbitration practice and also acts as deputy managing partner of the firm’s Paris office. In her different capacities, she has seen more and more women in senior corporate and government roles and at her firm.
Beginning Her Career in Arbitration
Banifatemi joined Shearman & Sterling’s arbitration practice in 1997 after earning her doctorate in International Law from Panthéon-Assas University in Paris and her Masters of Law from Harvard. “It was quite a hectic year for me as I was juggling between my studies at Harvard and completing my PhD and writing my dissertation,” she says.
Before joining the firm, Banifatemi had considered a career in academia, but after studying under Arthur van Mehren at Harvard, a leading figure in arbitration in the US, she decided to practice law. “I wanted to be engaged in the process and be an agent of change – to make a difference instead of staying behind the scenes and merely reflecting on matters,” Banifatemi says. “Given how few firms practiced arbitration back then and how few positions existed in the field, joining Shearman’s arbitration practice and having the opportunity to work with Emmanuel Gaillard, one of the world’s leading figures in arbitration, felt like a miracle.”
Although a practitioner first and foremost, Banifatemi has been fortunate enough to indulge her academic interests, conducting seminars in Paris and all over the world and being a co-founder of the Arbitration Academy, an international institution providing for advanced courses in the field.
Overcoming the Odds
Many naysayers told Banifatemi that it was practically impossible to become a practitioner in public international law, which governs the rights and obligations of states and international organizations. International arbitration seemed like the safer bet, and Banifatemi initially focused her efforts on this area of law instead. However, she persisted in her quest to become a specialist in public international law, and as fate would have it, she worked on a matter that would change her career path.
“Three months after I started,” she recalls, “Shearman & Sterling landed a major treaty arbitration case for Slovakia. We were one of the first firms to work on treaty arbitration. I worked specifically on the international law aspects of the case and have been engaged in treaty arbitration and public international law issues ever since.”