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

Brody K. Greenwald

Partner, Washington, DC

Overview

Brody Greenwald is a partner in the firm's international arbitration and litigation practices.

Brody represents companies and sovereign states in high-stakes, complex international disputes. He has won significant victories for clients in cutting-edge cases and has been recognized as one of 10 "Rising Stars" under the age of 40 in the field of international arbitration by Law360.

Brody has worked with clients in a wide range of industries, including mining, oil and gas, electricity, construction, industrial production, telecommunications, manufacturing, tourism, and consumer and retail services. His experience includes disputes involving project financing, privatizations, natural resource concessions, and contracts with states and state-entities.

Brody has significant experience representing clients in investment treaty arbitrations before major arbitral forums such as ICSID 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 also has experience representing clients in litigation to enforce arbitral awards.

Brody 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

Gabriel Resources Ltd. and Gabriel Resources (Jersey) Ltd. v. Romania

Representing Gabriel in an ICSID arbitration under Romania's BITs with Canada and the UK concerning 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 arbitration under the Belgium/Luxembourg-Algeria BIT concerning telecommunications.

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.

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.

Oxus Gold plc v. Republic of Uzbekistan

Represented the Republic of Uzbekistan in an UNCITRAL arbitration under the UK-Uzbekistan BIT 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 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 Miami School of Law, Guest Lecturer for Carolyn Lamm, Investment Arbitration, Spring 2017

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)