Érica Franzetti

erica-franzetti

Érica Franzetti

Partner

Washington, D.C. | 1900 K Street, NW, Washington, DC, United States of America 20006-1110
+1 202 261 3453 | +1 202 261 3333


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Érica Franzetti concentrates her practice on international commercial and investor-state arbitration matters across multiple industry sectors (e.g. energy and natural resources, life sciences, financial services, hospitality and information technology) and jurisdictions (e.g.  the United States, Brazil, Colombia, Argentina, Chile, Peru, Croatia, Hungary and the Philippines). Ms. Franzetti has extensive experience advising clients in cases involving multiple procedural rules and has appeared before the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR) and United Nations Commission on International Trade Law (UNCITRAL) arbitral tribunals. 

Prior to practicing international arbitration, Ms. Franzetti practiced law at a leading Brazil-based law firm, where she represented clients in complex commercial litigation proceedings before the Brazilian courts.

Ms. Franzetti has received consistent professional recognition during the last few years. Chambers Latin America nominated her as an “Associate to Watch” 2013-2015, and Latinvex noted her as a “Rising legal star in Latin America” in 2015.  More recently, she has been recognized in the Arbitration Future Leaders section of Who’s Who Legal: Arbitration 2018 and 2019, and as a "Rising Star" for commercial arbitration by Euromoney/Legal Media Group in its Expert Guides series 2018 editions. The Legal 500 USA 2019 qualify her as a “superstar” who stands out for her “extremely well-versed” approach in high-stakes international disputes. The Legal 500 Latin America 2019 notes her as “extremely effective during cross examination and highly persuasive giving written and oral arguments.”

Ms. Franzetti also serves as arbitrator on international commercial arbitrations and teaches a course in investor-state arbitration as an adjunct professor at Georgetown University Law Center. She is also an active advocate for the promotion of diversity within Dechert and the international arbitration community, holding a leadership position in the Dechert’s Latino Affinity group, the Dechert's Global Women's Initiative and the D.C. Women in International Arbitration group.

Education
  • University of São Paulo Law School, LL.B, 2000
  • Getúlio Vargas Foundation, Graduate Studies in Economics and Business Law, 2006
  • Georgetown University, LL.M., 2008
Admissions
  • District of Columbia
  • New York
  • Brazil
Experience
  • An American company against a Brazilian company in a dispute in connection with an indemnity agreement governed by the laws of Brazil (ICC).
  • A Swiss company against a Greek company in a dispute arising out of a share purchase agreement governed by the laws of the State of New York (JAMS).
  • The investor in MOL Hungarian Oil and Gas Company v. Republic of Croatia (ICSID Case No. ARB/13/32), in which claims are asserted under the Energy Charter Treaty for the unfair and inequitable treatment and expropriation of MOL’s oil and gas sector investments in Croatia. The proceedings are being held in Washington, D.C.
  • Respondent in Croatia v. MOL Hungarian Oil and Gas PLC in a dispute regarding Croatia’s rights to terminate a shareholders agreement and a gas master agreement based on allegations of corruption (UNCITRAL).        
  • An Asian State in an investor-state arbitration under the UNCITRAL rules involving an oil and gas project (PCA).
  • Afilias plc. in a dispute with ICANN regarding the top-level domain .WEB.
  • Dotgay LLC in a dispute with ICANN regarding the top-level domain .GAY.
  • Dotmusic LLC in a dispute with ICANN regarding the top-level domain .MUSIC.
  • An American company in an arbitration against a Colombian company in connection with a commercial representation agreement governed by the laws of the State of Texas (ICC).
  • A state-owned Dominican Republic fund in a commercial arbitration involving a power company (ICC).
  • Amazon.com, Inc. in a dispute with ICANN regarding the top-level domain .AMAZON.
  • Claimants in Pluspetrol Perú et al v Perúpetro in a dispute arising out of a gas supply contract regarding royalty payments (ICSID Case No.ARB/12/28).
  • DotConnectAfrica Trust v. ICANN in a dispute with ICANN regarding the top-level domain .AFRICA (ICDR).
  • Argentinean law firm in an arbitration against a Chilean gas company in connection with a fee agreement governed by Argentine law (ICDR).
  • Claimant in Pac Rim Cayman LLC v. Republic of El Salvador in a dispute under the Central America-Dominican Republic-Unites States Free Trade Agreement regarding the government’s refusal to issue mining exploitation licenses (ICSID Case No. ARB/09/12).
  • Claimant in ICM Registry v. ICANN in a dispute with ICANN concerning the top-level domain .XXX (ICDR).
  • A Brazilian company in arbitration against an American company in connection with a distribution agreement governed by New York Law (ICDR).
  • A Peruvian company against a major Brazilian construction company and other companies of the group. Respondents breached their payment obligations assumed in agreements associated with a gas pipeline project in Peru (ICC).
Languages
  • English
  • Portuguese
  • Spanish
Memberships
  • Advisory Board of the Institute for the Transnational Arbitration
  • Panel of Arbitrators of the American Arbitration Association
  • International Bar Association
  • Arbitral Women
Speaking Engagements
 
  • Who's Who Legal Future Leaders: Arbitration Conference USA Washington, D.C. (November 14, 2019)
  • Arbitration, Cybersecurity and Data Protection - VI CAM-CCBC Arbitration Congress, São Paulo (October 22, 2019)  
  • FDI Pre-Moot Opening Event, Social Media, Internet and BIT Protections —Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados, São Paulo (October 18, 2019)
  • Delivering on the Promise of International Arbitration - Greenberg Traurig, LLP, Washington, D.C. (October 16, 2019)
  • Compliance Training - TIM Brasil, Rio de Janeiro (September 11,2019)
  • The GAR Live Debate — Fifth Annual GAR Live BITs, Washington, D.C. (May 16, 2019)
  • XII Congreso Internacional de Arbitraje – IPA Lima, (April, 24 2019) 
  • Ongoing Challenges to International Investment Arbitration - 3rd Annual IAA Conference, Philadelphia, PA (March 22, 2019)
  • Debating Transparency in International Arbitration — Georgetown International Arbitration Society, Washington, D.C. (February 21, 2019)
  • ¿Ha llegado el invierno al arbitraje? ¿Crisis, ética y corrupción? — Conferencia Internacional Women in Arbitration IPA, Lima (January 31, 2019)
  • ¿Cómo afrontar un arbitraje nacional o internacional de asociación público-privada? — Lima ( January 30, 2019)
  • HIALSA Arbitration Workshop: Evidence in International Arbitration — Cambridge, MA (October 2, 2018)
  • Introduction to International Commercial & Investment Arbitration — American University Washington College of Law, Washington, D.C. (September 27, 2018)
  • Duty to Disclose and Brazilian Arbitration Culture — CCMA CIESP/FIESP Congress Arbitration Day, New York, NY (April 17, 2018)
  • Energy Across Borders: Geopolitics, Conflict and International Arbitration — Energy Days Conference, Pennsylvania State University, (May 22, 2017)
  • Visión de los árbitros y abogados sobre el desarrollo del arbitraje internacional, Congreso de Arbitraje Nacional e Internacional, Centro de Arbitraje y Conciliación — Bogota (April 3, 2017)
  • Arbitration and Public Administration: a reality in Latin American countries? Case law and position of the Judiciary Branch —III Congresso Pan-Americano de Arbitragem CAM-CCBC, Sao Paulo (October 24, 2016)
  • Aspectos Prácticos del Arbitraje Internacional — International Centre of Dispute Resolution, International Arbitration Symposium, New York, NY (May 27, 2016)
  • Strategies for Faster and Cheaper Cross-Border — ACC GNY Signature CLE Program, New York, NY (January 14, 2016)
  • Dispute Resolution Current trends involving arbitration and compliance issues in Brazil — Georgetown University Law Center, Washington, DC (September 15, 2014)
  • Specific Themes of Doing Business in Latin America — ABA Section of International Law, New Perspectives for Infrastructure Projects in Latin America, São Paulo (August 24, 2013)
  • Budgeting and Managing An International Arbitration: How to Keep Arbitration Cost-Efficient and Effective — ABA Section of International Law 2013 Spring Meeting, Washington, DC (April 24, 2013)
  • How to Handle a BIT Arbitration — Ninth Annual Seminar on International Commercial Arbitration at American University's Washington College of Law, Washington, DC (October 3, 2012)