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Mark Bravin

Partner - washington, dc

Experience

Legal Expertise

Mark heads MSK’s International Dispute Resolution practice. He and his team specialize in handling disputes between private parties and sovereign governments in US court litigation and international arbitration. He has a distinctive record of finding effective solutions to intricate, and often cutting edge, legal problems involving international investments and contracts. Mark has extensive experience with the Foreign Sovereign Immunities Act (FSIA) – which governs all lawsuits against foreign states and state agencies in U.S. federal and state courts. He also has handled a variety of arbitration-related matters under the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards, including motions to compel arbitration and petitions to enforce arbitral awards.

Representative Matters

Current Cases

  • Viaduct d.o.o. Portorož, Vladimir Zevnik and Boris Goljevšček v. Bosnia and Herzegovina, ICSID Case No. ARB/16/36 (pending): Representing Slovenian investors seeking damages for breaches of the Energy Charter Treaty and a bilateral investment treaty that resulted in the destruction of their investment in two hydroelectric power plant projects in the Republika Srpska region of Bosnia and Herzegovina.
  • Robert C. Allan et. al. v. Islamic Republic of Iran (pending): Representing victims of a hijacked commercial flight TWA 847 (June 1985), suing under the FSIA’s Terrorism Exception and seeking compensation from Iran for its role in financing and training the terrorist hijackers.
  • John Doe A-1 To A-49 et al v. Democratic Peoples Republic of Korea (pending): Representing surviving crew members of the USS Pueblo and their immediate family members suing under the FSIA’s Terrorism Exception and seeking compensation from North Korea for hostage-taking, torture, and extrajudicial killing in connection with the January 1968 unprovoked attack on the Pueblo in international waters.
  • TIG Insurance Co. v. Republic of Argentina et al, (pending): representing U.S. reinsurer in FSIA action to enforce two U.S. arbitral awards by attaching and executing against real property being sold at public auction by Argentina. Case involves a novel question: whether a foreign state may defeat a federal court’s jurisdiction to enforce a judgment against property used for a commercial activity in the United States by halting that activity while the litigation is ongoing.   18-mc-00129 (D.D.C. filed Sept. 24, 2018). 
  • Mady Marieluise Schubarth v. Federal Republic of Germany (pending): Representing U.S. citizen in a Foreign Sovereign Immunities Act case seeking compensation for the expropriation of her family estate in the former East Germany connected to events in the aftermath of WWII. Currently on remand from the U.S. Court of Appeals for the District of Columbia Circuit, this case presents significant questions regarding immunity for sovereigns and their agents and instrumentalities under the FSIA’s Expropriation Exception.

Concluded Cases

  • Hardy Exploration & Production (India), Inc. v. Government of India, Ministry of Petroleum and Natural Gas (2018): successfully defended India against a U.S. oil company’s attempt to convert a foreign arbitral award into an enforceable federal court judgment. India’s defense raised rarely litigated questions regarding the New York Convention’s public policy exception to recognition and enforcement. The district court adopted India’s position that it would violate U.S. public policy to enforce an award compelling a foreign sovereign to enter into a concession agreement for development of its offshore gas and oil resources, and imposing a rapidly escalating financial penalty to coerce compliance. Hardy appealed to the D.C. Circuit but withdrew the appeal before briefing.
  • McKesson Corp. v. Iran – what began as an arbitration at the Iran-U.S. Claims Tribunal in The Hague in 1982 transformed into U.S. litigation of epic proportions, lasting 26 years. McKesson won $30.6 million against Iran after two bench trials, seven DC Circuit appeals, and three unsuccessful cert. petitions by Iran in precedent-setting FSIA litigation, McKesson Corp. v. Islamic Republic of Iran, 672 F.3d 1066 (D.C. Cir. 2012), denied, 133 S. Ct. 1582 (2013).
  • Represented Ecuador in defense of suit by Chevron to enforce a $96 million arbitral award. Ecuador’s novel defense to enforcement was jurisdictional, relying on an FSIA immunity provision applicable only if Ecuador agreed to arbitrate the dispute underlying the award. Ecuador contended it never agreed to arbitrate claims relating to an investment that ended before the US-Ecuador investment treaty took effect. The D.C. Circuit affirmed the district court's reliance on findings of international arbitrators to establish jurisdictional facts. It also held that the foreign sovereign, not the plaintiff, bears the ultimate burden of proof on sovereign immunity. Republic of Ecuador v. Chevron Corp. and Texaco Petroleum Co., 795 F.3d 200 (D.C. Cir. 2015), reh’g den. (September 28, 2015), denied (June 6, 2016).
  • Orkin v. Swiss Confederation and Museum Oskar Reinhart am Stadtgarten, 770 F. Supp. 2d 612 (2011)., S.D.N.Y.), aff’d 444 F. App’x 469, 471 (2d Cir. 2011). Obtained dismissal on FSIA grounds of suit for possession of a Van Gogh drawing sold by plaintiff’s grandmother in Berlin in 1933 to a Swiss collector and eventually bequeathed to the Swiss government. Complaint alleged the drawing was a "flight asset" (sold to finance a Jewish family’s escape from Nazi-controlled Germany) for which good title could not be acquired under international law.
  • Collaborated with a team of partners and associates representing Ecuador in a PCA investor-state treaty arbitration. Chevron claims Ecuador should pay a $9 billion judgment against Chevron issued by Ecuadorian courts in an environmental suit, plus Chevron’s legal fees reportedly in the range of $1-2 billion. Chevron Corp. and Texaco Petroleum v. Ecuador (PCA Case No. 2009-13).
  • Lead appellate counsel for a U.S. investor in Ecuadorian aqua-culture business in appeal from district court judgment recognizing and enforcing an ICC arbitral award rendered by sole arbitrator, Horacio Grigera-Naon. Object of appeal was to obtain remand for discovery to explore arbitrator’s failure to disclose ties to opposing party’s arbitration counsel, Federal Deposit Insurance Corporation, as Receiver for Republic Federal Bank, N.A. v. IIG Capital LLC, 12-10686 (11th Cir. 2013).
  • Lead counsel representing the Israeli manager of Las Vegas-based real estate limited partnerships in an ICDR arbitration brought by one of Israel’s largest construction magnates. Joined case as lead counsel after sole arbitrator resigned on self-created conflict of interest following five years of arbitration. Obtained dismissal of all claims against client and award of $1 million in legal fees, which were collected. Yossi Avrahami v. Dotan Melech, Claim 50-181-T00078-08 (ICDR 2012).
  • Ochoa Lizarbe v. Rivera-Rondón, 642 F. Supp. 2d 473. (D. Md. 2009), aff’d 2010 U.S. App. LEXIS 19739 (4th Cir., Sept. 22, 2010) – represented survivors of a 1985 massacre in Peru’s highlands seeking damages from a former Peruvian Army officer for alleged acts of torture, extrajudicial killing and crimes against humanity. Defeated motion to dismiss on FSIA immunity grounds. Defendant was deported to Peru where he was tried for crimes under Peruvian law.

Honors & Awards

  • Chambers Global: International Arbitration
  • Chambers USA: America’s Leading Lawyers for Business (International Arbitration)
  • Euromoney’s Guide to the World’s Leading Experts in Commercial Arbitration
  • Legal Media Group: Best of the Best (International Arbitration)
  • Washingtonian Magazine: Top Lawyer (International Law)
  • Super Lawyers: International Lawyer (2013-2018)

Other Career Experience

  • Georgetown University Law Center, Adjunct Professor (2010-2019), teaching graduate seminar on Investor-State Dispute Resolution
  • Partner at Winston & Strawn LLP, Partner, Global Co-chair of International Arbitration Practice (2011-2016)
  • Morgan, Lewis & Bockius LLP, Partner, Head of International Arbitration and International Regulatory practices (1986-2011)
  • Wald, Harkrader & Ross, Associate (1979-1986), working on cross-border litigation and arbitration of claims at the Iran-U.S. Claims Tribunal by U.S. companies seeking compensation against the Iran arising out of the Iranian Revolution

Headlines

Publications

Events & Speaking Engagements

Admissions

  • District of Columbia, 1980

Education

Harvard Law School, J.D., 1978

Harvard University, John F. Kennedy School of Government, M.P.P., 1978

University of California, Los Angeles, B.S.,1973; summa cum laude

Languages

Spanish, professional proficiency 

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