Brody K. Greenwald

Partner, Los Angeles

Biography

Overview

Brody Greenwald is a key partner in the Firm's top-ranked international arbitration practice. He is recognized by Law360, Legal 500, Who's Who Legal, and Lawdragon.

Brody represents companies and sovereign states in high-stakes international commercial and investment arbitration, mediation, and litigation. He practices before major arbitral institutions around the world in disputes over new technologies, mining, energy, infrastructure, telecommunications, banking, and cryptocurrencies.

Brody is a founding member of California Arbitration and is part of its Law Firms and Corporations Committee and its International Arbitration and ADR Writing Competition Committee. He also serves on the Equal Representation in Arbitration Pledge USA Sub-Committee, on the ICC Task Force "Addressing Issues of Corruption in International Arbitration," and as an ITA advisory board member.

Brody is a senior lecturing fellow on advocacy in international arbitration at Duke Law School (2020-2022). He authored the leading monograph Addressing Corruption Allegations in International Arbitration (Brill 2019).

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

Experience

Recent company and individual representations include:

  • Mining companies in an ICSID arbitration over gold and copper mining projects in Romania
  • Individual traders in HKIAC arbitrations over losses from the failure of the world's largest cryptocurrency trading platform
  • Logistics company in an ICSID arbitration over a telecommunications license concession in Iraq
  • Technology company in an ICSID arbitration over a telecommunications license concession in Algeria
  • Electric utility company in an ICSID arbitration over electricity distribution in Guatemala
  • Mining company in a PCA arbitration (UNCITRAL rules) over a potash mining project in Ethiopia
  • Agribusiness company in an ICC arbitration over a pulp and paper mill in Brazil
  • Mining companies in a dispute over a uranium mining project in Kyrgyzstan

Recent sovereign representations include:

  • Eastern European state in an ICSID arbitration over renewable energy
  • Eastern European state in an ICSID arbitration over a real estate development project
  • African state in an ICC arbitration over maritime contracts
  • Central Asian state in an UNCITRAL rules arbitration over gold and polymetallic mining projects
  • Central Asian state in an ICSID arbitration over two cement plants
  • Central Asian state in an ICSID arbitration over a shopping complex
  • Central Asian state in an ICSID arbitration over textile companies
  • Central Asian state in an ICSID arbitration over a molybdenum processing joint venture
  • Southeast Asian state in an ICSID arbitration over two dredging projects
  • Southeast Asian state in an ICSID arbitration over construction of an international airport terminal
  • Eastern European state in an ICSID arbitration over duty-free and retail services
  • Eastern European state in an ICSID arbitration over the privatization of several industrial/chemical companies
Speaking Engagements

Duke Law School, Senior Lecturing Fellow, Advocacy in International Arbitration, 2020-2022

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, 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

Do BITs and bytes bite? Investment treaty arbitration for technology disputes (White & Case LLP, July 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 (White & Case LLP, April 2020) (co-authored with Jennifer A. Ivers)

Addressing Corruption Allegations in International Arbitration, BRILL RESEARCH PERSPECTIVES IN INTERNATIONAL INVESTMENT LAW AND ARBITRATION, (Brill Publishing, 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)