David Goldberg

Partner, London, Moscow

Biography

“David Goldberg is “fantastic” in arbitration”.
Chambers Global 2018

Overview

David is a solicitor-advocate whose practice focuses on international commercial and investment arbitration. He is recognised by the leading legal directories for the strength and particular expertise in complex investment disputes and disputes involving states, as well as those arising out of corporate transactions. He is one of only three lawyers in the world ranked Band 1 for "Dispute Resolution—Russia (Expertise Based Abroad)" by Chambers 2018 and is featured in the Hall of Fame by the Legal 500 2018.

David has experience of arbitrations conducted under all major arbitral institutions and rules, including LCIA, ICC, ICAC, ICSID, SCC and UNCITRAL arbitrations. He also represents clients in court proceedings concerning the conduct of arbitral proceedings, including the enforcement or challenge to arbitral awards, the appointment of arbitrators and applications for interim measures such as disclosure and worldwide freezing orders. His experience covers a broad range of sectors, including oil and gas, metals and mining, telecommunications, manufacturing, financial services and insurance.

David is also regularly appointed as an arbitrator, with recent appointments including arbitrations conducted under the LCIA, ICC, SCC, ICAC and UNCITRAL rules.

David is a board member of the LCIA, a co-founder, trustee and the Secretary General of the Anglo-Russian Law Association, a co-founder and the Deputy Chairman of the Board of the Russian Arbitration Association.

Bars and Courts
Law Society of England and Wales
Solicitor Advocate (Higher Rights of Audience)
Education
BPP Law School
London
Diploma
International Commercial Arbitration
Keble College, Oxford University
Languages
English
Russian

Experience

Representing the Republic of Belarus in investment treaty claims commenced by: (i) OOO Manolium Processing under the UNCITRAL Rules concerning a real estate project in the center of Minsk; (ii) Grand Express NJSC under the ICSID Rules concerning insolvency of a railcar producing plant; (iii) Delta Belarus Holding BV under the ICSID Rules concerning insolvency of Delta Bank in Belarus.

Representing the Russian Federation in its defence of a claim by Russian oligarch Mr Sergei Pugachev. Mr Pugachev has commenced arbitration proceedings under the 1976 UNCITRAL Rules pursuant to the French-Russian BIT on the basis that he recently acquired French nationality. The claim relates to allegations of expropriation, mistreatment and denial of justice, and that criminal proceedings in Russia were brought against Mr Pugachev without foundation.

Representing the Russian Federation in the resistance of the enforcement of the +US$50 billion Yukos investment treaty arbitration award, the largest award in the history of arbitration.

Representing Mr Ioan Micula and his companies in successful enforcement action in the English Courts, including recent Supreme Court appeal. ([2018] EWCA Civ 1801 and [2019] EWHC 2401 (Comm.), [2020] UKSC 5]).

Representing Russian telecommunications company MTS in ICC and ICSID (Additional Facility) arbitrations against state entities and the state of Turkmenistan in connection with breaches of contractual and BIT obligations.

Representing a successful claimant in an ICC arbitration against a sovereign state, including defending a challenge of the arbitral award on jurisdiction in the English Court (Republic of Serbia v. ImageSat International NV [2009] EWHC 2853 (Comm.)).

Representing a party to a joint venture operating in the transportation sector in Russia and structured through the use of Cypriot companies in connection with a corporate dispute between the venture parties involving arbitration and ancillary measures in national courts.

Representing the respondents in an LCIA arbitration in respect of claims for breach of warranties and indemnities in a sale and purchase agreement regarding a major insurance business in Russia brought by a major international insurance company.

Publications

David Goldberg, Yarik Kryvoi, Ivan Philippov. Empirical Study: Provisional Measures in Investor-State Arbitration", BIICL/ White & Case, London, 2019.

Why Russian disputes are resolved outside Russia?" Russian Investment Review, September 2007.

The Russian Federation chapter of C. Liebscher & A. Fremuth-Wolf (eds.), Arbitration Law and Practice in Central and Eastern Europe, Juris Publishing, June 2006.

Awards and Recognition

"Thought Leader: Arbitration" 2021 Who's Who Legal

Chambers 2018 – Band 1

The Legal 500 2018 – Hall of Fame