Richard Deutsch is a commercial litigator specializing in international arbitration and government investigations. Richard heads the U.S. division of the Firm s International Arbitration Group. He is licensed in Texas and New York. Richard D. Deutsch Partner T: +1 832 214 9945 F: +1 832 214 9926 rdeutsch@mcguirewoods.com JPMorgan Chase Tower 600 Travis Street Suite 7500 Houston, TX 77002-2906 T: +1 212 548 7027 1251 Avenue of the Americas 20th Floor New York, NY 10020-1104 PRACTICES Commercial Litigation International Dispute Resolution and Arbitration Government Investigations and White Collar Litigation Foreign Corrupt Practices Act Energy Litigation INDUSTRIES Energy Oil and Gas In his international arbitration practice, Rich advises leading energy and financial services companies, among others, in international commercial arbitrations and investorstate arbitrations worldwide. He has represented clients in arbitrations under all of the major institution rules, including the International Centre for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC), the Singapore International Arbitration Centre (SIAC), the Cairo Regional Centre for International Commercial Arbitration, and the International Centre for the Settlement of Investment Disputes (ICSID), as well as adhoc arbitrations under the UNCITRAL Arbitration Rules. For clients investing in foreign jurisdictions, Rich provides advice on risk mitigation through arbitration provisions, international investment treaties and political risk insurance. He is a Fellow at the Chartered Institute of Arbitrators and is appointed to sit as an arbitrator in international disputes. Rich s international practice also includes representing companies in corporate investigations, including compliance with the Foreign Corrupt Practices Act (FCPA). He has represented international energy companies implicated in recent industry-wide FCPA scandals, guiding them as they were being investigated by the Department of Justice or the Securities and Exchange Commission. He has provided FCPA due diligence to energy companies and medical devices companies with business dealings in high-risk locales, including Brazil, China, Iran, Iraq, Libya, Mexico and Nigeria, among others. In his commercial litigation practice, Rich has represented U.S. and Canadian banks and energy companies in large securities matters in federal and state court, including several multi-million dollar cases related to the Enron scandal. He has also defended a multinational bank in class action consumer claims and general commercial disputes. Rich teaches International Commercial Arbitration and International Investor-State Arbitration at the University of Texas School of Law and serves on the advisory board of the school s Kay Bailey Hutchison Center for Energy, Law and Business. He is also on the adjunct faculty for the University of St. Gallen (Switzerland) Institute of International Law. Rich is active in the international arbitration community and is often asked to speak at international arbitration events or author journal articles on the practice. He is on the ICDR s Houston Advisory Committee, the Advisory Board of The Institute for Transnational Arbitration, the steering group of the American Bar Association s International Arbitration Committee, and serves as President of the Houston International Arbitration Club. Before earning his law degree, Rich was a sportswriter and wrote extensively for Sports Illustrated, The Washington Post, The Miami Herald, The Austin American-Statesman, The Houston Post and Texas Monthly Magazine. EXPERIENCE International Arbitration: Noteworthy Cases McGuireWoods LLP www.mcguirewoods.com 1
Bahrain oilfield services provider v. UAE project manager (UNCITRAL Rules). Advised potential claimant in dispute regarding amended services agreement for energy project in Iraq. U.S. investment group v. Philippines-based investment bank (ICC Rules). Represented claimant in contract dispute regarding sale of power generation plants. Represented a major international oil and gas exploration company in a Nigerian Arbitration Act Rules arbitration (UNCITRAL Model Law) and related litigation regarding a semi-submersible rig offshore Libya. Represented three major oil and gas exploration companies in an arbitration (ICDR Rules) over the costs of a multi-billion dollar offshore production facility in the Gulf of Mexico. Indian investment group v. Japanese automobile manufacturer (SIAC Rules). Represented claimant investment group in claim concerning automobile distribution agreements in India. Spanish financial institution v. U.S. individual (ICDR Rules). Defended Spanish bank in claim arising from U.S. accounts. U.S. company v. Azerbaijan company (ICC Rules). Defended computer company in a multi-million dollar claim. International energy company v. U.S. company (ICDR Rules). Represented claimant energy company in dispute over fees related to energy trading. U.K. Company v. Korean Company (UNCITRAL Rules). Represented claimant engineering company in international arbitration US$20 million claim. North American Energy Company v. Chinese Corporation (ICDR Rules) Represented claimant in its $46 million claim. Agricultural Corporation v. United Mexican States, ICSID Case No. ARB (AF)/05/02. Represented claimant in investor-state arbitration under North American Free Trade Agreement claim for US$122 million. Joy Mining Machinery Ltd. v. Arab Republic of Egypt, ICSID Case No. ARB/03/11. Represented claimant in Investor- state arbitration claim for 16 million related to contract for mining equipment. U.K. Company v. North African Company (Cairo Regional International Arbitration Centre arbitration). Represented claimant in US$20 million claim based on contract for equipment. U.K. Company v. Russian Company (ICC Rules). Represented claimant in US$70 million commercial dispute against Russian company. Chilean Company v. U.S. Company (ICDR Rules). Represented respondent telecommunications company in US$30 million claim. Enron Corp. v. Argentina, ICSID Case No ARB/01/3. Represented claimant in its $300 million arbitration claim against the Argentine Government. Sempra Energy International v. Argentina, ICSID Case No. ARB/02/16. Represented claimant in its $270 million arbitration claim against the Argentine Government. Camuzzi International S.A. v. Argentina, ICSID Case No. ARB/03/2. Represented claimant in its $300 million arbitration claim against the Argentine Government. International Energy Company v. Argentina, ICSID Case No. ARB/04/16. McGuireWoods LLP www.mcguirewoods.com 2
Represented claimant in its multimillion-dollar arbitration claim against the Argentine government. El Paso Energy International Company v. Argentina, Case No. ARB/03/15. Represented claimant in its multi-million dollar arbitration claim against the Argentine Government. Pan American Energy LLC v. Argentina, ICSID Case No. ARB/03/13. Represented claimant in its $300 million arbitration claim against the Argentine Government. BP America and BP Argentina Exploration Company v. Argentina, ICSID Case No. ARB/04/8. Represented claimant in its $300 million arbitration claim against the Argentine Government. Pioneer Natural Resources Company v. Argentina, ICSID Case No. ARB/03/12. Represented claimant in its $650 million claim against the Argentine Government. Azurix Corporation v. Argentina, ICSID Case No. ARB/03/30. Represented claimant in its $571 million claim against the Argentine Government. South American entrepreneur v. U.S. company (ICC Rules). Represented prominent South American entrepreneur in a $638,000 claim against U.S. company. International Arbitration: Advice to Clients General arbitration advice on arbitration provisions and steps to preserving arbitral rights for large transactions involving companies in Africa, Asia, Europe and Latin America. Advised U.S. energy company on all aspects of potential ICC Rules arbitration claim against West African government arising from production sharing agreement. Advised U.S. investor on structuring investment so as to gain treaty protections for investments in Eastern European. Advised U.S. energy company on potential international arbitration claim (ICSID) against African government. Specifically, provided investment structuring advice for preserving international arbitration rights and structuring investment to gain additional rights, as well as advice on potential claims. Advised U.S. oilfield services company on potential international arbitration claim (ICSID) against Eastern European government. Advised U.S. food products company on potential international arbitration claim concerning its investment in South American country. Specifically, provided investment structuring advice for preserving international arbitration rights and structuring investment to gain additional rights, as well as advice on potential claims. Advised U.S. agricultural company regarding potential international arbitration claim concerning investment in a Central American country. Specifically, provided advice on potential claims, damages analysis, and exposure to counterclaims.. Provided investment structuring advice for major U.S. energy company s investments in Latin America and China. Provided investment structuring advice for Mexican construction company s investment in Venezuela. Provided investment structuring advice for U.S. agricultural company s planned investment in the Honduras. McGuireWoods LLP www.mcguirewoods.com 3
Provided investment structuring advice for English chemical company s investment in Saudi Arabia. EDUCATION Southern Methodist University Dedman School of Law, JD, Managing Editor, SMU Law Review, 2002 The University of Texas at Austin, BA, Journalism, 1992 The University of Texas at Austin, BA, English, 1989 ADMISSIONS Texas New York U.S. Court of Appeals for the 5th Circuit U.S. Court of Appeals for the 7th Circuit U.S. District Court for the Southern District of Texas U.S. District Court for the Northern District of Texas U.S. District Court for the Western District of Texas HONORS Selected for inclusion as a "Leading Lawyer," Energy Litigation: Oil and Gas, Texas, Legal 500 US, 2018 Selected for inclusion in The Best Lawyers in America, Arbitration, Woodward/ White, Inc., 2018 Named to Texas Super Lawyers, International Law, Super Lawyers, Thomson Reuters, 2013-2017 Named to "Texas Rising Stars," International Law, Super Lawyers, Thomson Reuters, 2011-2013 Named a "Future Star," Benchmark Litigation, 2009 PUBLICATIONS Author, Energy and Finance Sectors Drive Growing International Arbitration Caseloads, McGuireWoods LLP White Paper, April 2018 Author, "An ICSID Tribunal Denies Jurisdiction for Failure to Satisfy BIT's 'Cooling-Off' Period: Further Evidence of a Sea Change in Investor-State Arbitration or a Meaningless Ripple?," University of Houston Law Center Journal of International Law, October 31, 2011 Author, "FCPA Prosecution: Lessons Learned from Deferred and Non-Prosecution Agreements," International Bribery: FCPA Update 2011, Thompson Reuters/ Westlaw Expert Commentary Series, February 2011 Author of chapter, Inside the Minds: Emerging Applications for ADR, International ADR Developments: Innovative Approaches to Resolving New Types of Disputes, January 2010 Co-author, "Protecting Energy Projects From Political Risk by Treaty Planning: McGuireWoods LLP www.mcguirewoods.com 4
Pitfalls & Guidelines," American Bar Association Energy Law Journal, Winter 2009 Co-author, "FCPA Prosecution: Lessons Learned From Deferred and Non- Prosecution Agreements," White-Collar Crime Andrews Litigation Reporter, August 2009 Author, "Importance of Choice of Arbitral Seat," Institute for Transnational Arbitration s News & Notes Newsletter, Fall 2008 Author, "Options for the Nervous Investor in Venezuela: Structuring for BIT Protection and Preserving the ICSID Option," Oil, Gas & Energy Law/ Transnational Dispute Management, Special Issue on Venezuela, Vol. 5, Issue 2, 2008 Author, "Accounting for Uncertainty in Discounted Cash Flow Valuation of Upstream Oil and Gas Investments," Journal of Energy and Natural Resources Law, Special Issue on Energy and Natural Resources Disputes and their Resolution, Vol. 25, No. 3; Reprinted Transnational Dispute Management, Vol. 4, Issue 6, November 2007 Author, "ADC v. Hungary: ICSID Tribunal s application of unique valuation method and its impact on future BIT awards," Oil, Gas & Energy Law/ Transnational Dispute Management, Special Issue on Compensation/Damages, Vol. 4, Issue 3, June 2007 Author, "Structuring Energy Projects for Investment Treaty Protection," Rocky Mountain Mineral Law Foundation Conference on International Mining and Oil and Gas Law, Development and Investment, April 2007 Author, "Wind Power and Other Renewable Energy Projects," Rocky Mountain Mineral Law Foundation Journal, 2005 Author, "Civil False Claims & Qui Tam Actions Update," Page Keeton Civil Liability Conference, October 2004 Author, "CMS vs. Argentina The Decision of the International Centre for the Settlement of Investment Disputes and its main consequences for the practice," Sellier (Germany) European Law Publishers, January 2004 Author, "The Commerce Clause as Shelter for Discrimination," SMU Journal of Air Law & Commerce, Fall 2002 Author, "When is an Expert's Departure From Instructions Deemed to be Material," Stockholm Arbitration Report, 2002 Author, "Eleventh Circuit Holds that Regulations Prohibiting the Sale of Religious Literature at Miami International Airport are Unconstitutional," SMU Journal of Air Law & Commerce, Spring 2001 EVENTS Presenter, "Mitigating Commercial & Political Risk, The International Arbitration Option," "How to Manage Trade, Data and Compliance Risks," Avoid Strike-Outs in Today s Energy Market, May 24, 2018 Panelist, "Oil and Gas Commercial Disputes in Latin America," AIPN & ICDR Dispute Resolution in the International Energy Business, Mexico City, Mexico, November 9, 2017 Presenter, "Contemporary Issues in International Dispute Resolution," Texas State Bar s 29th Annual International Law Institute, Houston, TX, February 24, 2017 McGuireWoods LLP www.mcguirewoods.com 5
Moderator, "Key Issues in International Dispute Resolution for 2017," Texas State Bar s 29th Annual International Law Institute, Houston, TX, February 23, 2017 Panelist, "New Trends in Oil and Gas Investment Arbitration and Lessons Learned from Recent Decisions," International Law Institute and University of Houston School of Law s Second Houston Annual Conference, Oil and Gas Investment Arbitration 2015, Houston, TX, October 30, 2015 Moderator, "International Energy Dispute Resolution," International Law Section of the Texas State Bar, Annual Institute, Hot Topics in International Energy, Houston, TX, March 4, 2015 Moderator, "Drafting Dispute Resolution Clauses: Practices and Trends," International Centre for Dispute Resolution Miami International Arbitration Conference, International Dispute Resolution in the Americas, Coral Gables, FL, January 28, 2015 Arbitrator, Panelist, Willem C. Vis International Commercial Arbitration Moot and related events, Vienna, Austria, April 2012-2014 Panelist, "International Investment Law and Dispute Settlement," University of Pennsylvania Journal of International Law s Symposium, International Regulation of Investment in Rising Powers, Philadelphia, PA, November 5, 2013 Panelist, "The Final Curtain: Post Hearing Submissions, Deliberations and Enforcement," Joint Conference on International Arbitration, presented by the Brazilian Arbitration Committee, the Institute for Transnational Arbitration and the Arbitration and Mediation Center of the Canada-Brazil Chamber of Commerce, São Paulo, Brazil, September 19, 2013 Moderator, "Unquenchable Thirst: The Outlook for Energy Disputes in Africa," American Society of International Law s 107th Annual Meeting, Washington, D.C., April 4, 2013 Panelist, American Conference Institute s 7th Houston FCPA Boot Camp, January 23, 2013 Adjunct Faculty, "International Commercial Arbitration," University of Texas School of Law, Austin, TX, Fall 2012-2013 Presenter, "Scenarios: Testing Your International Arbitration Clauses," Advanced Contract Risk Management for Oil and Gas program, Houston, TX, May 14, 2012 Panelist, "The Final Curtain: Post-Hearing Submissions, Deliberations and Enforcement," 24th Annual Institute for Transnational Arbitration Workshop, Dallas, TX, June 21, 2012 Presenter, "A Mock Arbitration Involving International Investment Claims Arising from the U.S. Financial Crisis," ABA International Law Section Fall Meeting, Dublin, Ireland, October 2011 Guest Lecturer, "Dispute Resolution Planning to Protect Assets in Emerging Markets," SMU Dedman School of Law, Dallas, TX, October 2011 Adjunct Faculty, "Dispute Resolution Planning to Protect Assets in Emerging Markets," St. Gallen (Switzerland) University Executive Masters of International Business Law Program, Austin, TX, November 2007, November 2008, November 2010, November 2012 Panelist, "The Empires Strike Back: A New Era In Investor/State Arbitration," Houston Bar Association's International Law Section, Houston, TX, October 2010 McGuireWoods LLP www.mcguirewoods.com 6
Adjunct Faculty, "International Investor-State Arbitration," University of Texas School of Law, Austin, TX, Spring 2010-2014 Presenter, "Dispute Adjudication Boards: Duties and Responsibilities Under the ICC Dispute Board Rules," presented at conference titled "Using Dispute Boards to Corral Construction Disputes," sponsored by the Dispute Resolution Board Foundation, AAA and the ABA's Forum Committee on the Construction Industry, Houston, TX, October 2009 Panelist, "Structuring a Career in International Law," Texas State Bar International Law Section's Student Outreach Program, Houston, TX, January 2009, February 2009 Presenter, "The Role of In-House Counsel in International Arbitration," Houston Bar Association International Law Section, Houston, TX, January 2009 Guest Lecturer, "The Practice of International Law," guest lecturer at The University of Texas School of Law, Austin, TX, May 2008 Presenter, "How to Protect Investments Abroad, BIT by BIT," CEE-UT New Era in Oil, Gas and Power Value program, Houston Branch-Federal Reserve Bank of Dallas, Houston, TX, May 2005, May 2006, May 2007, May 2008 Guest Lecturer, "Investment Treaty Arbitration," The University of Texas School of Law, Austin, TX, November 2006, March 2008 Panelist, "The Foreign Corrupt Practices Act: New Developments and Emerging Trends in FCPA Enforcement," Houston Bar Association International Law Section, Houston, TX, January 2008 Presenter, "Structuring Foreign Investments for Investment Treaty Protection," International Law Section of Houston Bar Association, Houston, TX, April 2007 Presenter, "Wind Power and Other Renewable Energy Project," Rocky Mountain Mineral Law Foundation's Institute on Natural Resources Development in Indian Country, Albuquerque, NM, October 2005 AFFILIATIONS Member, Association of International Petroleum Negotiators Fellow, Chartered Institute of Arbitrators Adjunct Professor, International Commercial Arbitration & International Investor- State Arbitration, University of Texas School of Law Adjunct Professor, International Arbitration, St. Gallen (Switzerland) Executive Master of International Business Law Advisory Board, Institute for Transnational Arbitration President, Houston International Arbitration Club Advisory Committee (Houston), International Centre for Dispute Resolution (ICDR) Advisory Board, University of Texas School of Law, Kay Bailey Hutchison Center for Energy, Law & Business Board of Advisors, Holocaust Museum Houston Member, American Society of International Law, Dispute Resolution, International Courts and Tribunals Member, Texas State Bar, International Law Section McGuireWoods LLP www.mcguirewoods.com 7
Fellow, Texas Bar Foundation Member, Houston World Affairs Council Steering Group & Vice-Chair, American Bar Association, Section of International Law, International Arbitration Committee Houston Bar Association, International Law Section (Chair 2010-11, Vice-Chair 2009-10, Counsel) Member, Houston Bar Association Law & the Media Committee (Chair 2006) Member, USCIB/ICC Young Arbitrator s Forum Member, United Way of Greater Houston, Young Leaders The McGuireWoods website provides information of general interest to the public. The website does not offer legal advice about specific situations or problems. You should consult a McGuireWoods lawyer if you have legal issues requiring attention. Nothing on this site creates an express or implied contract. McGuireWoods does not intend to create an attorney-client relationship by inviting you to contact us. Unless and until we and you agree that we will represent you, we will not have any duties to you, including any duty to keep what you send us confidential or any duty to protect your interests. This means that nothing you send us will be kept confidential, unless we mutually agree that we will keep it confidential. Past legal successes described on this website are not indicators of future results. The outcome of particular legal matters is dependent upon the facts and law applicable to the matters. McGuireWoods LLP www.mcguirewoods.com 8