Brody K. Greenwald

Partner, Washington, DC

Biography

Overview

Brody Greenwald is a partner in White & Case's international arbitration and litigation practices. He represents companies and sovereign states in high-stakes, complex international disputes, and has been recognized as a "Rising Star" in international arbitration by Law360.

Brody has significant experience representing clients in investment treaty arbitrations before major arbitral institutions such as ICSID and the PCA and in ad hoc arbitrations under the UNCITRAL rules. He has advised clients regarding matters arising under numerous bilateral investment treaties, the Energy Charter Treaty, free trade agreements such as NAFTA and CAFTA-DR, and national investment laws.

Brody developed the winning corruption defense in Metal-Tech v. Uzbekistan, the first investment treaty arbitration ever dismissed as a result of corruption by the investor, and has won significant victories for clients in a number of other cutting-edge cases. He also has experience representing clients in litigation in federal and local courts, including to enforce arbitral awards.

Brody's experience spans industries such as mining, mineral processing, oil and gas, electricity, construction, industrial production, telecommunications, manufacturing, tourism, and consumer and retail services. He has developed particular expertise representing both investors and sovereign states in mining and mineral processing disputes, and is a senior member of the team currently representing Canadian mining company Gabriel Resources and its Jersey subsidiary against Romania.

Brody frequently publishes and participates in panel discussions with other practitioners and leading arbitrators, particularly on issues of alleged fraud and corruption; he has been appointed to the ICC Task Force focused on Addressing Issues of Corruption in International Arbitration. 

Brody is an active member of various arbitration associations and is an advisory board member of the Institute for Transnational Arbitration, and has been a guest lecturer on investment arbitration at the University of Miami School of Law and the Tashkent State University of Law.
 

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

Experience

Gabriel Resources Ltd. and Gabriel Resources (Jersey) v. Romania
Representing Gabriel in an ICSID arbitration under Romania's BITs with Canada and the UK concerning gold and copper mining projects.

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 annulment proceeding.

Vladislav Kim and others v. Republic of Uzbekistan
Representing the Republic of Uzbekistan in an ICSID arbitration under the Kazakhstan-Uzbekistan BIT concerning two cement plants.

ICL Europe Coöperatief U.A. v. Federal Democratic Republic of Ethiopia
Representing ICL in a PCA arbitration under the Netherlands-Ethiopia BIT concerning a potash mining project.

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 concerning a shopping complex.

Baggerwerken Decloedt En Zoon v. Republic of the Philippines
Represented the Republic of the Philippines in an ICSID arbitration under the Belgium-Philippines BIT concerning two dredging projects. The Philippines prevailed in obtaining the dismissal of all of the claims concerning the main project.

Spentex Netherlands, B.V. v. Republic of Uzbekistan
Represented the Republic of Uzbekistan in an ICSID arbitration under the Netherlands-Uzbekistan BIT concerning textile companies. Uzbekistan prevailed in obtaining the dismissal of all of the claims totaling US$130 million.

Oxus Gold plc v. Republic of Uzbekistan
Represented the Republic of Uzbekistan in an UNCITRAL arbitration under the UK-Uzbekistan BIT concerning gold and polymetallic 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 concerning an international airport terminal. 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 concerning electricity distribution. 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 concerning a mineral processing joint venture. Uzbekistan prevailed against all of the claims totaling US$ 175 million. This was the first 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 concerning the privatization of several companies. 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 concerning duty-free and retail services. Romania prevailed against all of the claims totaling US$ 130 million and was awarded costs.

Speaking Engagements

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

 

Publications

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?, XIII ICC INSTITUTE OF WORLD BUSINESS LAW 77-102 (International Chamber of Commerce 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, 29(2) ICSID REVIEW FOREIGN INVESTMENT LAW JOURNAL 328-349 (Oxford University Press 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, 20 CROATIAN ARBITRATION YEARBOOK 171-196 (Permanent Arbitration Court at the Croatian Chamber of Economy 2013), (co-authored 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-authored with Andrea J. Menaker)