Michael A. Roche
Michael A. Roche's practice centers on international arbitration and litigation, cross‑border fraud investigations, and advice and counseling on aviation regulatory issues.
Michael represents foreign sovereigns and private parties in complex international cases, including investment treaty arbitrations before the International Centre for Settlement of Investment Disputes (ICSID) of the World Bank, and commercial arbitrations before the International Court of Arbitration of the International Chamber of Commerce (ICC). He has significant experience across a diverse array of industries, including mining, construction, electricity, oil and gas, finance, and political risk insurance.
He has acted for clients in dozens of jurisdictions worldwide. Fluent in Spanish, he has a particular familiarity with Latin America, and has worked throughout his career on matters touching virtually every corner of the region. He notably played a key role in the Firm's successful representation of Canadian gold mining company Gold Reserve Inc. in an ICSID (Additional Facility) arbitration against Venezuela, which resulted in one of the largest investment treaty awards on record (over US$740 million).
In addition to his arbitration and litigation work, Michael represents international aviation clients (principally foreign air carriers) in matters before the US Department of Transportation and the Federal Aviation Administration.
Michael has lived and studied in Latin America, and has traveled in more than 90 countries to date.
Gold Reserve Inc. v. Bolivarian Republic of Venezuela
Representing Gold Reserve Inc. in an ICSID (Additional Facility) arbitration under the Canada-Venezuela BIT relating to one of the largest undeveloped gold/copper deposits in the world, in which Gold Reserve was awarded more than US$740 million.
Abaclat and others v. Argentine Republic
Representing tens of thousands of claimants in an ICSID arbitration of a dispute totaling over US$1 billion arising under the Italy-Argentina bilateral investment treaty relating to Argentina’s default on the payment of sovereign bonds.
Republic of Bulgaria in various international arbitrations
Representing the Republic of Bulgaria in a series of arbitrations before ICSID, including disputes under the Energy Charter Treaty (ECT) and bilateral investment treaties (BITs).
Advice on the preparation of international arbitration claims
Advising various US and foreign clients on the preparation of claims under all major arbitral rules, including ICSID, LCIA, UNCITRAL, ICC and ICDR/AAA.
Republic of Peru in closely-watched cultural property dispute
Representing the Republic of Peru in federal court litigation concerning the ownership and recovery of priceless artifacts pertaining to the Machu Picchu UNESCO World Heritage Site in Peru.
Caribbean State in international fraud and bid-rigging case
Representing a Caribbean State in federal and state court litigation involving allegations of fraud and bid-rigging in connection with the construction of a major international airport.
Multinational corporations in internal FCPA investigations
Representing various US and foreign multinational corporations in internal investigations involving possible violations of the Foreign Corrupt Practices Act (FCPA).
Foreign air carriers in regulatory matters before US authorities
Representing various foreign air carriers in licensing, safety and rulemaking matters before the DOT, FAA, DHS and other federal agencies.
Document Production Basics for International Arbitration, American Bar Association's The Young Lawyer, February 2012
Developments in Latin American Arbitration, Transnational Dispute Management, 2009, (co-authored with Jonathan C. Hamilton)
Dominican Republic and Peru: 2008 Arbitration Laws, International Disputes Quarterly, 2009
Survey of Trends in Latin American Arbitration, International Disputes Quarterly, 2009, (co-authored with Jonathan C. Hamilton)
International Arbitration – A Primer for the Young Lawyer, The International Litigation Quarterly, Winter 2007