Brody K. Greenwald | White & Case LLP International Law Firm, Global Law Practice
Brody Greenwald
Brody Greenwald

Brody K. Greenwald

Counsel, Washington, DC

Overview

Brody is a counsel in the Firm's International Arbitration and Litigation Practice Groups, where he focuses on investment treaty arbitration.

Brody represents investors and sovereign states in high-stakes, complex cases.

Among other significant victories, he helped develop the winning corruption defense in Metal-Tech Ltd. v. Republic of Uzbekistan – the only investment treaty case ever dismissed as a result of corruption. He has been recognized as one of 10 "Rising Stars" under the age of 40 in the field of international arbitration by Law360.

Brody serves as counsel in ICSID and UNCITRAL arbitrations arising under bilateral investment treaties, the Energy Charter Treaty, and free trade agreements such as CAFTA-DR. He has experience with disputes in a wide range of industries, including mining and minerals, manufacturing, industrial production, telecommunications, oil and gas, electricity, infrastructure, and consumer and retail services.

Brody also frequently publishes and participates in panel discussions with other practitioners and leading arbitrators, particularly on issues of alleged fraud and corruption.

Bars and Courts

  • District of Columbia Bar

Education

  • JD, University of Chicago Law School
  • BA, Duke University

Languages

  • English

Experience

Orascom TMT Investments S.à.r.l. v. People's Democratic Republic of Algeria

Representing Orascom TMT Investments S.à r.l. in an ICSID arbitration under the Belgium/Luxembourg-Algeria BIT arising out of a dispute in Algeria's telecommunications industry.

Vladislav Kim and others v. Republic of Uzbekistan

Representing the Republic of Uzbekistan in an ICSID arbitration under the Kazakhstan-Uzbekistan BIT arising out of a dispute concerning two cement plants in Uzbekistan.

Güneş Tekstil Konfeksiyon Sanayi ve Ticaret Limited Şirketi and others v. Republic of Uzbekistan

Representing the Republic of Uzbekistan in an ICSID arbitration under the Turkey-Uzbekistan BIT arising out of a dispute concerning shopping facilities in Uzbekistan.

Oxus Gold plc v. Republic of Uzbekistan

Represented the Republic of Uzbekistan in an UNCITRAL arbitration under the UK-Uzbekistan BIT arising out of a dispute concerning two mining projects. Uzbekistan prevailed in obtaining the dismissal of more than 99 percent of the claimed US$ 1.33 billion in damages.

Fraport AG Frankfurt Airport Services Worldwide v. Republic of the Philippines

Represented the Republic of the Philippines in an ICSID arbitration under the Germany-Philippines BIT arising out of a dispute concerning an international airport terminal in the Philippines. The Philippines prevailed against all of the claims totaling US$ 510 million and was awarded costs.

TECO Guatemala Holdings, LLC v. Republic of Guatemala

Represented TECO Guatemala Holdings, LLC in an ICSID arbitration under the CAFTA-DR arising out of a dispute in Guatemala's electricity distribution industry. TECO prevailed and was awarded damages and costs for Guatemala's treaty breaches.

Metal-Tech Ltd. v. Republic of Uzbekistan

Represented the Republic of Uzbekistan in an ICSID arbitration under the Israel-Uzbekistan BIT arising out of a dispute concerning a mineral processing joint venture in Uzbekistan. Uzbekistan prevailed against all of the claims totaling US$ 175 million. This remains the only investment treaty case ever dismissed as a result of corruption by the investor, and was nominated by Global Arbitration Review as "Most Important Published Decision of 2013 in Jurisprudential Terms."

S&T Oil Equipment and Machinery Ltd. v. Romania

Represented Romania in an ICSID arbitration under the US-Romania BIT arising out of a dispute concerning the privatization of several companies in Romania. Romania prevailed against all of the claims totaling € 140 million.

EDF (Services) Ltd. v. Romania

Represented Romania in an ICSID arbitration under the UK-Romania BIT arising out of a dispute concerning duty-free and retail services at Romania's airports. Romania prevailed against all of the claims totaling US$ 130 million and was awarded costs.

Speaking Engagements

Claims of Corruption in the Arbitral Forum, "Society, Commerce, Dispute Resolution: Goals for Justice and Trade", May 8, 2015: American Arbitration Association, Fordham University School of Law

Corrupting Investor-State Arbitration? The Role of Corruption Allegations in IIA Proceedings, February 20, 2015: Investment Claims

Publications

  • Proving Corruption in International Arbitration: Who Has the Burden and How Can it Be Met?, XIII ICC INSTITUTE OF WORLD BUSINESS LAW 77-102 (International Chamber of Commerce 2015), (co-authored with Andrea J. Menaker)
  • From World Duty Free to Metal-Tech: A Review of International Investment Treaty Arbitration Cases Involving Allegations of Corruption, Fraud, and Illegality, 29(2) ICSID REVIEW FOREIGN INVESTMENT LAW JOURNAL 328–349 (Oxford University Press 2014), (co-author with Carolyn B. Lamm and Kristen M. Young)
  • A Review of International Investment Treaty Cases Involving Allegations of Corruption and Fraud and Parties from Central and Eastern Europe, 20 CROATIAN ARBITRATION YEARBOOK 171–196 (Permanent Arbitration Court at the Croatian Chamber of Economy 2013), (co-author with Carolyn B. Lamm and Kristen M. Young)
  • Courts Of Other Economic Communities, NAFTA, 4 INTERNATIONAL LITIGATION IN PRACTICE: THE RULES, PRACTICE, AND JURISPRUDENCE OF INTERNATIONAL COURTS AND TRIBUNALS 455–485 (Chiara Giorgetti ed., 2012), (co-author with Andrea J. Menaker)