David L. Attanasio

Counsel Washington, D.C.

David L. Attanasio concentrates his practice on international arbitration and cross-border litigation, and especially those matters with complex issues of public international law or foreign law. He has a deep understanding of disputes in numerous economic sectors, including banking and finance, renewable energy, oil and gas, and mining. His work spans almost the entire world, but has especially focused on Latin America, Eastern Europe, and Central Asia.

Chambers USA has recognized Dr. Attanasio as an Associate to Watch, where he was described as “a true intellect and student of arbitration” who “brings a great insight to international arbitration issues.” Who’s Who Legal has recognized him an Arbitration Future Leader and highlighted his “established name . . . for difficult issues of public international law” and his “excellent reputation across Latin America.” The Legal 500 USA considers him to be a key lawyer in Dechert’s international arbitration practice.

Dr. Attanasio recently co-authored a book on international investment arbitration entitled International Investment Protection of Global Banking and Finance: Legal Principles and Arbitral Practice, published by Wolters Kluwer. The book was recognized with an award by the International Law Association (American Branch). He also is the sole author of a book entitled Responsabilidad estatal frente a los hechos de actores privados: Jurisprudencia internacional, published by the Universidad de los Andes and Editorial Temis in Spanish.

Beyond arbitration, Dr. Attanasio has advised clients on cross-border litigation before the New York courts. He has also advised private parties, non-governmental organizations, and international organizations on a range of public international law matters, concerning business and human rights, diplomatic and consular law, the law of international organizations, and the international law of human rights.

In addition to his work as counsel, Dr. Attanasio is an Adjunct Professor at Georgetown University Law Center. He is a member of the global International Law Association’s Rule of Law and International Investment Law Committee. He also serves on the Board of Directors of the International Law Association (American Branch) and as Co-Chair of the International Law Association (American Branch) Investment Law Committee. He regularly teaches at the International Law Institute’s annual program on International Investment Treaties and Investor-State Arbitration.

Dr. Attanasio frequently publishes and speaks on topics in international arbitration, international investment law, public international law, and international human rights law. His articles, case comments, and chapters have appeared in ICSID Review, American Journal of International Law, ICSID Reports, the University of Pennsylvania Journal of International Law, the Florida State University Law Review, B-Arbitri, as well as in various edited volumes. He also serves on the editorial board of Brill Research Perspectives in International Investment Law and Arbitration.

Prior to joining Dechert, Dr. Attanasio received a Fulbright Fellowship to conduct research on remedies for human rights violations. He also held positions as a visiting professor of law at the Universidad de los Andes and as an associate professor of law at the Universidad Jorge Tadeo Lozano, both in Bogotá, Colombia.

Investor-State Disputes

A South American State in an ICSID investment dispute with two mining companies relating to the enforcement of domestic regulations.
A South American State in an UNCITRAL investment dispute with a foreign mining company relating to the reversion of mining assets to the State.
A Central European energy company in an ICSID investment dispute with a Central European State concerning corporate control of an energy company.
A Central European energy company in an UNCITRAL proceeding with a Central European State concerning corporate control of an energy company.
A Central European State in an UNCITRAL investment dispute with a company relating to regulation in the gambling sector.
A Central European State in an UNCITRAL investment dispute with a foreign company relating to the privatization of a formerly State-owned construction company.
A South American State in an ICSID investment dispute with a foreign oil company relating to the termination of an oil contract.
A South American State in an UNCITRAL investment dispute with a foreign mining company relating to the termination of a mining project.
A South American State in an UNCITRAL investment dispute with a foreign oil company arising from domestic litigation

Internet Governance

An internet company in an Independent Review Process against the Internet Corporation for Assigned Names and Numbers under the ICDR Rules regarding the failure to delegate a top level internet domain name for political reasons.
An internet company in an Independent Review Process against the Internet Corporation for Assigned Names and Numbers under the ICDR Rules regarding the rejection of a community-based application for a top level internet domain name.

Includes matters handled at Dechert or prior to joining the firm.

Received "High Honors" award in recognition of providing 100 hours or more of pro bono service in 2021 by the U.S. Court of Appeals for the DC Circuit, the U.S. District Court for the District of Columbia and the U.S. Bankruptcy Court.

Books

International Investment Protection of Global Banking and Finance: Legal Principles and Arbitral Practice (2021, Wolters Kluwer) (co-author)
La responsabilidad estatal frente a los hechos de actores privados: Jurisprudencia internacional [Responsibility Based on the Acts of Private Actors: International Jurisprudence] (2016, University of the Andes Press, in Spanish)

Articles and Chapters

Non-Pecuniary Remedies Revisited: Expanding Influence of the ILC Articles?, __ ICSID Review __ (2022) (co-author)
Investment Treaty Interpretation in Central Asian Investor-State Arbitrations, in International Investment law and Arbitration (Crina Baltag et al. eds.) (forthcoming 2022) (co-author)
Applicable Law in Central Asian Investor-State Arbitrations, in International Investment law and Arbitration (Crina Baltag et al. eds.) (forthcoming 2022) (co-author)
The Problem of State Territorial Obligations, 24 Journal of Ethics 427 (2020)
The U.S. Supreme Court and Arbitration, 2019 B-Arbitra 521 (2019) (co-author)
ICSID Rule 41, in The ICSID Convention, Rules and Regulations: A Commentary (2019) (Gloria Alvarez et al. eds., Elgar) (co-author)
Annulment and Set-Aside of Awards, in Business Guide to Trade and Investment, Vol. II (Patrick McCrory et al. eds.) (2018) (co-author)
Recognition and Enforcement of Awards, in Business Guide to Trade and Investment, Vol. II (Patrick McCrory et al. eds.) (2018) (co-author)
Extraordinary Reparations, Legitimacy, and the Inter-American Court, 37 University of Pennsylvania International Law Journal 813 (2016)
Militarized Criminal Organizations and Human Rights Court Review of State Protection Efforts: Evidence from Colombia, 41 Florida State University Law Review 341 (2014)
Return within the Bounds of the Pinheiro Principles: The Colombian Land Restitution Experience, 11 Washington University Global Studies Law Review 1 (2012) (co-author)

Case Reports

Mesa Power Group, LLC v. Government of Canada (PCA Case No. 2012-17), 20 ICSID Reports ___ (forthcoming 2022) (co-author)
Caratube International Oil Company LLP v. Republic of Kazakhstan (ICSID Case No. ARB/08/12), 19 ICSID Reports 424 (co-author)
Churchill Mining Plc and Planet Mining Pty Ltd v. Republic of Indonesia (ICSID Case No. ARB/12/14 and 12/40), 18 ICSID Reports 527 (2020) (co-author)
International Decision: Urbaser S.A. and Consorcio de Aguas Bilbao Bizkaia, Bilbao Biskaia Ur Partzuergoa v. The Argentine Republic, 111 American Journal of International Law 744 (2017) (co-author)

ICSID Review Special Issue on the 20th Anniversary of the Draft Articles on Responsibility of States for Internationally Wrongful Acts (December 7, 2022)
Seabed Mining: Jurisdiction, Merits and Quantum — Washington Arbitration Week (December 2, 2022)
International Investment Law, General International Law, and the Rule of Law — International Law Association Rule of Law and International Investment Law Committee, Online (November 4, 2022)
Controlling Mis-implementation and Misuse of Global Anti-Money Laundering Standards — International Law Weekend 2022, American Branch of the International Law Association (October 21, 2022)
International Investment Law, General International Law, and the Rule of Law — 2022 Biennial Conference on International Economic Law, American Society of International Law (September 24, 2022)
Seminario Practico Avanzado: Arbitraje Internacional de Inversiones (Advanced Practical Seminar: International Investment Arbitration) — American University Washington College of Law (July 5, 2022)
Corporate Diplomacy: In the Room Where it Happens, Symposium on Global Business: The Challenges of Doing Business in an Imperfect World — Southwestern Institute for International and Comparative Law, Online (June 27, 2022)
Book Launch: International Investment Protection of Global Banking and Finance — New York International Arbitration Center, (December 16, 2021)
Review and Enforcement of Investor-State Arbitral Awards, International Investment Treaties and Investor-State Arbitration Seminar Series — International Law Institute, Online, (December 3, 2021)
Investment Treaty Arbitration in the Digital Era: Using BITs to protect Cryptocurrency Investments? — Washington Arbitration Week, Online, (December 1, 2021)
How to Develop the Right Skills in Law School for working in International Arbitration, How to Build a Career in International Arbitration — Georgetown International Arbitration Society, Washington D.C. (November 19, 2021)
Investment Law and the Future of International Energy Governance, International Law Weekend 2021 — International Law Association (American Branch), Online, (October 29, 2021) (Moderator)
The Latest Challenges in Latin America, ILA (American Branch) Investment Arbitration Workshop — International Law Association (American Branch) Investment Law and International Arbitration Committees, Online, (April 14, 2021) (Organizer and Moderator)
Enforcement of Emergency Arbitrator Orders and Awards, Conferencia del LIA: Arbitraje de Emergencia: Estado Actual y Proyección a Futuro, Latin American International Arbitration — LIA, Online, (December 14, 2020)
Review and Enforcement of Investor-State Arbitral Awards, International Investment Treaties and Investor-State Arbitration Seminar Series — International Law Institute, Washington, D.C. (December 4, 2020)
Investor-State Disputes, International Finance, and the Economic Crisis, International Law Weekend 2020 — International Law Association (American Branch), Online, (October 24, 2020) (Panel Organizer and Speaker)
Interrogatorio de Testigos y Peritos en el Arbitraje Virtual, II Conferencia Los Jóvenes y el Futuro del Arbitraje — Instituto Peruano de Arbitraje, Online, (May 21, 2020)
Responses to Findings of Corruption in Investment Arbitration: Reassessing the Options, 2020 Biennial Conference on International Economic Law, American Society of International Law — International Economic Law Interest Group, (February 15, 2020)
Corruption Findings and Investment Law — ASIL Biennial Conference on International Economic Law, Miami, FL (February 14, 2020)
Investment Arbitration & Human Rights, International Arbitration Day — University of Virginia Latin American Law Organization, Charlottesville, VA (January 31, 2020)
Review and Enforcement of Arbitral Awards, International Investment Treaties and Investor-State Arbitration Seminar Series — International Law Institute, Washington, D.C (December 12, 2019)
Roundtable on Climate Change and International Investment Law — George Washington University School of Law (November 21, 2019) (Conference Co-Organizer)
Investment Law and Human Rights: Friends, Strangers, or Enemies? — University of Virginia, VA (November 12, 2019)
Investment Law and Human Rights: Friends, Strangers, or Enemies? — International Law Weekend 2019, International Law Association (American Branch), New York, NY, (October 11, 2019)
Investment Law and Human Rights: Friends, Strangers, or Enemies? — merican Branch International Law Weekend, Washington, D.C. (October 4, 2019)
Document Production is a Useful Tool in International Arbitration — Freshfields-ASIL Young Arbitrator Debate Series, Washington, D.C. (July 25, 2019)
Resolving Corruption Allegations in International Arbitration: Practical Challenges — Harvard Law School, Cambridge, MA (April 15, 2019)
Negotiation of Treaties for the Promotion and Protection of Foreign Investment — Dechert LLP - The Embassy Law Series (April 10, 2019)
What to do about Corruption Allegations? Debating the Options for Investment Law — Georgetown International Arbitration Society and ILA American Branch Investment Law Committee, Washington, D.C. (February 19, 2019)
Review and Enforcement of Arbitral Awards, International Investment Treaties and Investor-State Arbitration Seminar Series — International Law Institute, Washington, D.C. (December 6, 2018)
Is Investment Arbitration in Serious Danger? — International Law Association American Branch, New York, NY (October 19, 2018)
Investment Arbitration, Human Rights Defenses, and the Transformation of International Law —Joint North American Conference on International Economic Law incorporating the 2018 ASIL IEcLIG Biennial, Montreal (September 21-22, 2018)
Investor-State Dispute Settlement as a Norm Generating System — Harvard International Law Journal 2018 Symposium: Frontiers of International Law, Harvard Law School (March 31, 2018)
Resolver Conflictos entre el Derecho de los Derechos Humanos y el de Inversión [Resolving Conflicts between Human Rights and Investment Law], Inversión Extranjera y Arbitraje de Inversiones en Colombia: Retos y Oportunidades para el País y la Región [Foreign Investment and Investment Arbitration in Colombia: Challenges and Opportunities for the Country and the Region] — Universidad de los Andes, Bogotá, Colombia (March 21, 2018) (Conference Co-Organizer)
Practical and Strategic Dimensions of Counterclaims in Investor-State Arbitration — Georgetown International Arbitration Society and International Law Association (American Branch) Investment Law Committee, Washington, D.C. (February 13, 2018) (Conference Organizer and Panelist)
Review and Enforcement of Arbitral Awards, International Investment Treaties and Investor-State Arbitration Seminar Series — International Law Institute, Washington, D.C. (December 7, 2017)
Investment Law and Restrictions on Regulation of Latin American Extractive Industries — Georgetown University Latin American Conference, Georgetown University, Washington, D.C. (October 27, 2017)
NAFTA: What Does the Future Hold?, International Law Weekend 2017 — International Law Association (American Branch), New York, NY (October 21, 2017) (Panel Organizer)
Alternative Dispute Resolution CLE Seminar (March 16, 2017)
Review and Enforcement of Arbitral Awards, International Investment Treaties and Investor-State Arbitration Seminar Series — International Law Institute, Washington, D.C. (December 8, 2016)
What Role for Human Rights Norms in Denial of Justice Decisions?, Roundtable, Denial of Justice Claims in BIT Arbitration, Fifth LL.M. International Arbitration Competition Conference — American University Washington College of Law, Washington, D.C. (April 6, 2016)
Review and Enforcement of Arbitral Awards, International Investment Treaties and Investor-State Arbitration Seminar Series — International Law Institute, Washington, D.C. (December 10, 2015)
Extraordinary Reparations, Legitimacy, and the Inter-American Court — American Society of International Law Midyear Meeting and Research Forum, Chicago, IL (November 8, 2014)
El futuro de iniciativas multi-actores [The Future of Multi-Stakeholder Initiatives — Universidad de Bogotá Jorge Tadeo Lozano, Bogotá, Colombia (August 26, 2013) (Conference Organizer)
Reparaciones tranformadores: Un marco de arreglo social [Transformative Reparations: A Social Repair Framework] — Foro Fulbright, Seminar Series, Bogotá, Colombia (June 19, 2013)
El enfoque transformador [The Transformative Focus] — Fundación Ideas para la Paz, Bogotá, Colombia (May 14, 2013)
Return within the Bounds of the Pinheiro Principles: The Colombian Land Restitution Experience, DeJuSticia —Seminar Series, Bogotá, Colombia (June 23, 2011)

Rule of Law and International Investment Law Committee of the International Law Association
Board of Directors of the International Law Association (American Branch)
Co-chair of the International Law Association (American Branch) Investment Law Committee
ISDA Arbitration and Dispute Resolution Group
American Society of International Law