Brody K. Greenwald

Partner, Los Angeles

Biography

Overview

Brody Greenwald is a partner in the Firm's top-ranked disputes practice based in Los Angeles.

Brody specializes in international arbitration, mediation, and litigation. He represents clients in commercial, construction, and investment arbitrations and also advises on drafting arbitration agreements and structuring investments.

Brody's practice is centered on resolving complex disputes over strategic corporate decisions across diverse industries such as mining, energy, infrastructure, manufacturing, telecommunications, technology, financial services, and sports.

Publications like The Legal 500, Who's Who Legal, Law360, and Lawdragon recognize Brody as a leading practitioner for his pivotal role in high-profile victories. His current client portfolio includes representing Canadian company Gabriel Resources and its UK subsidiary in a multi-billion-dollar dispute with Romania for taking their rights in world-famous mining projects. Brody's successes include developing the winning corruption defense in the landmark Metal-Tech v. Uzbekistan case—the first reported investment treaty arbitration ever dismissed due to bribery.

Brody is a prominent leader of California's international arbitration community. As a founding member of California Arbitration (CalArb), he is dedicated to promoting and expanding international arbitration and alternative dispute resolution in the state. He holds key positions as CalArb's treasurer and as a member of its Executive Committee and Board of Directors. He also is actively involved in the Silicon Valley Arbitration & Mediation Center.

Brody participates enthusiastically in other arbitral organizations and initiatives. He is an appointed member of the ICC Task Force "Addressing Issues of Corruption in International Arbitration." He is an Advisory Board member of the Institute for Transnational Arbitration (ITA), a leading educational forum focused on commercial and investment disputes. He is a senior lecturing fellow on international arbitration at Duke Law School (2020-2024). He routinely presents at conferences around the world and is the author of a leading monograph (Brill 2019) and articles for prestigious publications such as Los Angeles Daily Journal, Kluwer Arbitration, ICC Institute of World Business Law, and ICSID Review Foreign Investment Law Journal.

Before relocating to California, Brody practiced for nearly 15 years in the Firm's Washington DC office. He moved to Los Angeles in 2020 to enhance the Firm's arbitration capabilities along the West Coast and across the broader Pacific Rim region.

Bars and Courts
California State Bar
District of Columbia Bar
Education
JD
University of Chicago Law School
BA
Duke University
Languages
English

Experience

Mining and metals

  • ICSID arbitration for US$ 4 billion over the Roşia Montană and Bucium gold and copper mining projects in Romania (Romania's BITs with Canada and the UK)
  • Ad hoc arbitration over the Amantaytau and Khandiza gold and polymetallic mining projects in Uzbekistan (UNCITRAL rules, UK-Uzbekistan BIT)
  • PCA arbitration over a potash mining project in Ethiopia (UNCITRAL rules, Netherlands-Ethiopia BIT)
  • ICSID arbitration over a molybdenum processing joint venture in Uzbekistan (Israel-Uzbekistan BIT)
  • Advising US and UK mining companies about a dispute over a uranium mining project in Kyrgyzstan

Technology and telecommunications

  • Advising Meta on dispute resolution in the Netherlands
  • Advising a company in the life sciences sector in California
  • HKIAC arbitrations over the failure of the world's largest cryptocurrency trading platform
  • ICSID arbitration over a telecommunications license concession in Iraq (Kuwait-Iraq BIT)
  • ICSID arbitration over a telecommunications license concession in Algeria (BLEU-Algeria BIT)

Manufacturing

  • Four LCIA arbitrations over facilities to produce ammonia products in Uzbekistan (UNCITRAL rules)
  • ICSID arbitration over two cement plants in Uzbekistan (Uzbekistan-Kazakhstan BIT)
  • ICSID arbitration over textile companies in Uzbekistan (Netherlands-Uzbekistan BIT)
  • ICSID arbitration over the privatization of several industrial and chemical companies in Romania (US-Romania BIT)

Energy and power

  • ICSID arbitration over a fuels distribution company in Bulgaria (Energy Charter Treaty)
  • Two ICSID arbitrations over solar photovoltaic power plants in Bulgaria (Energy Charter Treaty)
  • ICSID arbitration over electricity distribution in Guatemala (DR-CAFTA)

Infrastructure

  • ICC arbitration over maritime contracts in Southeast Africa
  • ICSID arbitration over two dredging projects in the Philippines (BLEU-Philippines BIT)
  • ICSID arbitration over construction of an international airport terminal in the Philippines (Germany-Philippines BIT)

Other recent experience

  • ICC arbitration over a pulp and paper mill in Brazil
  • ICSID arbitration over a real estate development project in Bulgaria (Israel-Bulgaria BIT)
  • ICSID arbitration over a shopping complex in Uzbekistan (Turkey-Uzbekistan BIT)
  • ICSID arbitration over duty-free and retail services in Romania (UK-Romania BIT)
Speaking Engagements

Duke Law School, Senior Lecturing Fellow, Advocacy in International Arbitration, 2020-2023

Bocconi University, "Assessing the Past, Envisioning the Future: International Investment Arbitration Law and Policy," Milan, Italy, April 20, 2023

"The Future of California Arbitration and Best Practices for Drafting Technology Agreement Disputes Clauses and Structuring Investments," California International Arbitration Week, March 15, 2023

Harvard International Arbitration Law Students Association, "What Happens When Investments Are Tainted by Corruption: The Strategy Behind the Metal-Tech Case," January 26, 2023

California Arbitration, "A Day in the Life of an International Arbitration Practitioner," November 2, 2022

California Arbitration, moderated "The 2022 ICSID Rules Amendments: What Will They Accomplish?", September 15, 2022

ICC Young Arbitrators Forum, "Top 10 Tips on How to Better Match the Arbitration Process with Businesses' Expectations," March 16, 2022

Views from the Frontlines: Hot Topics in International Arbitration for 2021, March 10, 2021

University of Pennsylvania Law School, Third Annual International Arbitration Conference, March 22, 2019

University of Miami School of Law, Guest Lecturer for Carolyn Lamm, Investment Arbitration, Spring 2017 and 2019

Legal Business International Arbitration Summit, London, England, November 30, 2017

American University Washington College of Law Symposium: Salient Issues in International Commercial Arbitration, November 14, 2017

American Arbitration Association, Fordham University School of Law, Conference on Society, Commerce, Dispute Resolution: Goals for Justice and Trade, May 8, 2015

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

Publications

California International Arbitration Week 2023: The Future of California Arbitration and Best Practices for Drafting Technology Disputes Clauses, Kluwer Arbitration Blog, March 24, 2023 (co-authored with Yasmine Lahlou and Sarah Reynolds)

Losing sleep over the Midnight Clause: Drafting disputes provisions for cross-border technology agreements and foreign investments, Los Angeles Daily Journal, March 1, 2023 (co-authored with Sarah Reynolds and Yasmine Lahlou)

Do BITs and bytes bite? Investment treaty arbitration for technology disputes, July 26, 2022 (co-authored with Abby Cohen Smutny, Darryl Lew, Ank Santens, Aalok Sharma, and Paula Henin)

Recent Findings on Technology in International Arbitration, Silicon Valley Arbitration & Mediation Center Newsletter, Fall 2021 (co-authored with Gabriela Lopez Stahl)

Addressing the Coming Wave of COVID-19 Fraud and Corruption Allegations in International Arbitration, April 14, 2020 (co-authored with Jennifer A. Ivers)

Addressing Corruption Allegations in International Arbitration, Brill Research Perspectives in International Investment Law and Arbitration, June 2019 (co-authored with Jennifer A. Ivers)

Proving Corruption in International Arbitration: Who Has the Burden and How Can it Be Met?, ICC Institute of World Business Law, 2015 (co-authored with Andrea J. Menaker)

The Viability of Corruption Defenses in Investment Arbitration When the State Does Not Prosecute, April 15, 2015

From World Duty Free to Metal-Tech: A Review of International Investment Treaty Arbitration Cases Involving Allegations of Corruption, Fraud, and Illegality, ICSID Review Foreign Investment Law Journal, 2014 (co-authored 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, Croatian Arbitration Yearbook, 2013 (co-authored with Carolyn B. Lamm and Kristen M. Young)

Courts Of Other Economic Communities: NAFTA, International Litigation in Practice: The Rules, Practice, and Jurisprudence of International Courts and Tribunals, 2012 (co-authored with Andrea J. Menaker)

Awards and Recognition

"Next Generation Partner" in Dispute Resolution and International Arbitration, The Legal 500 US, 2022

"500 Leading Global Litigators" in International Arbitration and Litigation, Lawdragon, 2021-2023

"Arbitration Future Leader - Partners," Who's Who Legal, 2021-2024

One of 10 "Rising Stars" under age 40 in International Arbitration, Law360, 2016