Brody K. Greenwald

Partner, Washington, DC

Biography

Overview

Brody Greenwald is a partner in White & Case's international arbitration and litigation practices. 

Brody is a key partner on several of the Firm's current investment treaty representations, including Gabriel Resources v Romania and Agility Public Warehousing v Iraq. He has been recognized as a "Rising Star" in international arbitration by Law360.

Brody has represented mining, logistics, telecommunications, and energy investors, as well as sovereign states in a wide range of disputes, achieving numerous important victories for the Firm's clients.

Brody is highly regarded for his specialization in disputes involving fraud and corruption matters. He 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 also represented Uzbekistan in its successful defense in the only other reported investment treaty case ever dismissed on grounds of corruption.

He is the author of the leading monograph Addressing Corruption Allegations in International Arbitration (Brill 2019) and currently serves on the ICC Task Force "Addressing Issues of Corruption in International Arbitration."

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

He also has represented clients in litigation in federal and local courts, including to enforce arbitral awards.

He is an active member of various arbitration associations and is an advisory board member of the Institute for Transnational Arbitration.

He is a senior lecturing fellow on advocacy in international arbitration at Duke Law School (Spring 2020), and has guest lectured 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
California State Bar
Education
JD
University of Chicago Law School
BA
Duke University
Languages
English

Experience

Gabriel Resources 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.

Agility Public Warehousing Company v. Republic of Iraq 
Representing Agility in an ICSID arbitration under Iraq's BIT with Kuwait concerning a telecommunications concession.

Orascom TMT Investments v. People's Democratic Republic of Algeria
Representing Orascom TMT Investments 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 and others v. Republic of Uzbekistan
Represented Uzbekistan in an ICSID arbitration under the Turkey-Uzbekistan BIT concerning a shopping complex. Uzbekistan obtained the dismissal of nearly 90% of the claimed damages, including the entire moral damages claim.

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

Spentex Netherlands 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 v. Republic of Uzbekistan
Represented 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 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 v. Republic of Guatemala
Represented TECO 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 v. Republic of Uzbekistan
Represented 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 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) 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

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

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 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)