David M. Orta
Washington, D.C. Office
Tel: +1 202-538-8000
Fax: +1 email@example.com
Banking and Financial Institution Litigation
Class Action Litigation
Energy Sector Litigation and Arbitration
Government Contracts Litigation
Public Strategy in High Profile Litigation
Real Estate Litigation
White Collar and Corporate Investigations
Stetson University College of Law
(J.D., magna cum laude, salutatorian, 1994)
David M. Orta, Tai-Heng Cheng, Julia Peck, “Getting the Deal Through (United States Chapter) – Investment Treaty Arbitration 2014." (published in November 2013), Law Business Research Ltd. For further information please visit www.GettingTheDealThrough.com
David M. Orta and Giselle Fuentes. "What is the effect of International Arbitration Rules on the Availability of Assistance in the Production of Evidence Pursuant to 28 U.S.C. § 1782?." World Arbitration & Mediation Review Volume 4, No. 3, 2011.
David M. Orta. "Defending Class Actions." Diversity & The Bar Magazine, p.60, November/December 2007.
David M. Orta. "The Crossroads Between Enforcement And Execution Of Arbitration Awards And Sovereign Immunity-A Primer For In-House Counsel." (PDF: 2.56 MB) International Chamber of Commerce Members' Handbook, UK Edition, Spring 2006.
David M. Orta. "The Class Action Threat to Sovereign Workouts." International Financial Law Review, 41 July 2003.
David M. Orta. “Aspectos Prácticos del Proceso Arbitral” (Practical Aspects of the Arbitral Process). Seminar offered in Spanish by the Center on International Commercial Arbitration of the American University Washington College of Law. Washington, D.C., June 10-13, 2013.
David M. Orta. “La reestructuración de inversiones y el alcance de su protección bajo los TBIs”. Presentation given in Spanish at the “4tas Jornadas Internacionales de Arbitraje”. La Paz, Bolivia, June 6-7, 2013.
David M. Orta. Speaker at the VII Congreso Latinoamericano de Arbitraje, “Los Actores en el Arbitraje: Lo que deben y no deben hacer” held in Lima, Peru, April 24-26, 2013.
David M. Orta. Ninth Annual Seminar on International Commercial Arbitration: How to Handle a BIT Arbitration, Washington, D.C., 2012.
David M. Orta. V International Competition of Commercial Arbitration, Washington, D.C., 2012.
David M. Orta. Three-day International Arbitration Seminar for Government officials of various Peruvian agencies in Lima, Peru 2010.
David M. Orta. "Disclosure Obligations for Arbitrators in International Arbitrations." Fourth Investment Arbitration Conference in Lima, Peru 2010.
David M. Orta. "Seventh Session: Most Favorable Nation Treatment." Third Investment Arbitration Course in Lima, Peru 2009.
David M. Orta. Presenter at International Arbitration Conference held at ESEN University in San Salvador, El Salvador, 2009.
David M. Orta. "Second Peruvian International Arbitration Conference." Lima, Peru 2008.
David M. Orta, Randall Miller and John H. Hawthorne. "The Decision to Litigate." Arnold & Porter LLP Roundtable Breakfast Series, McLean, VA, November 6, 2008.
David M. Orta. Three-day International Arbitration Seminar for Government officials of various Guatemalan agencies in Guatemala City, Guatemala, December 2008.
David M. Orta. "Panelist Presentation: What Government Officials Need to Know about International Arbitration." Sovereign States in US and International Legal Proceedings seminar sponsored by Arnold & Porter LLP, October 5, 2007.
David M. Orta. "Panel Presentation: Arbitraje y Protección de Inversiones en el Derecho Internacional -- El Futuro de Arbitraje Internacional en la Región." Seminar organized by the Unversidad del Itsmo. 29 September 2007, Antigua, Guatemala.
David M. Orta. "Seminar Moderator: What is the future of the International Center for Settlement of Investment Disputes (ICSID)?." or "¿Cuál es el futuro del Centro Internacional de Arreglo de Diferencias Relativas a Inversiones (CIADI)?" Seminar organized by the District of Columbia Hispanic Bar Association. September 11, 2007, Washington, DC.
David M. Orta. "Panel Presentation: Investment Treaty Arbitration in the 21st Century." 18th Annual Workshop of the Institute for Transnational Arbitration (ITA). June 2007, Dallas, Texas.
David M. Orta. "Panel Presentation: Dispute Resolution Mechanisms." "Investment and Trade in Latin America: The Chilean Model," Seminar organized by the American University Washington College of Law. April 24, 2007, Washington, DC.
David M. Orta. "Moderator: Arbitration in Latin America." Seminar sponsored by the American Arbitration Association (AAA) and the DC Bar. November 2005, Washington, DC.
Chambers Latin America 2014 for International Arbitration: Latin America-wide
Chambers Global and Chambers Latin America 2013 for International Arbitration: Latin America-wide
Selected for inclusion in Super Lawyers—Washington, D.C. Edition 2013
Named one of the world’s leading practitioners in The International Who’s Who of Asset Recovery Lawyers 2012
Chambers Global 2012 for International Arbitration: Latin America-wide
Chambers Latin America: Latin America's Leading Lawyers for Business 2012 for International Arbitration
Elected as Member of The American Law Institute
Included in Global Arbitration Review 100 (2010 Edition) "Names to Know"
Selected as one of the Top 40 Lawyers Under 40 in Washington, D.C. by The National Law Journal—“40 Under 40: Washington’s Rising Stars” 2009
Lawdragon 500 "New Stars, New Worlds" 2006
Washingtonian's "Top 40 Lawyers Under 40" 2006
Hispanic Bar Association of the District of Columbia “Rising Star," recognized as one of the next generation of leaders in the Hispanic legal community
Received the Excellence in Legal Services Award from the Mexican American Legal Defense and Educational Fund
Arnold & Porter LLP:
Greenberg Traurig LLP:
Florida Third District Court of Appeals:
Law Clerk for the Honorable David L. Levy, 1994-1996
Member, The International Bar Association
Member, American Bar Association
Member, International Law Section, American Bar Association
Member, International Law Section, District of Columbia Bar Association
Member, The American Society of International Law
Member, Swiss Arbitration Association
Member, Swedish Arbitration Association
Member, Defense Research Institute
Member, District of Columbia Hispanic Bar Association
Member, Hispanic National Bar Association
Member, Advisory Council, Archdiocesan Legal Network
Mexican American Legal Defense and Educational Fund (MALDEF)
Member, National Board of Directors
Lead Counsel, MALDEF, Immigrants’ Rights Pro Bono Cases
Pro Bono Activity
Handle pro bono immigrants’ rights cases for Ayuda, Inc.
Lead Counsel, Tahirih Justice Center, Pro Bono Immigrants’ Rights Cases
Represent indigent clients, The District Of Columbia Bar Public Service Activities Corporation
The District of Columbia Bar; The State Bar of Florida; United States Courts of Appeals:Third Circuit, Fourth Circuit, Fifth Circuit; United States District Courts: District of Columbia, District of Maryland, Southern District of Florida, Eastern District of Arkansas, Western District of Arkansas; Court of Federal Claims
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Chambers Global and Chambers Latin America report that clients call David Orta “a vastly experienced attorney who inspires real confidence, with a remarkable ability to see all the angles.” They also report that David wins praise from clients for his "sound advice and excellent client service." Mr. Orta is the Head of Latin American and Washington, D.C. International Arbitration Practice and is a trial lawyer and arbitration advocate with years of experience successfully representing clients in complex investment treaty and commercial international arbitrations, complex commercial litigation, class actions, consumer fraud litigation, and pharmaceutical and medical device product liability cases. He represents clients in international disputes all around the world, including in Latin America, Europe, the Middle East, Asia and Africa. He has a particular emphasis in investor-state arbitrations , including those administered under the auspices of the International Centre for Settlement of Investment Disputes (ICSID). He also has handled ad hoc arbitrations administered under UNCITRAL Rules and international arbitrations administered by the International Court of Arbitration of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA) and the International Centre for Dispute Resolution (ICDR/AAA). Mr. Orta also acts as lead counsel in international litigations for clients.
Spentex Industries Limited & Spentex Netherlands, B.V.
Offshore Exploration & Production LLC
Magnus Energy Group, Ltd.
Churchill Mining Plc
Republic of Panama
Republic of El Salvador
Republic of Guatemala
Wells Fargo Bank
Largest state-owned power company in El Salvador
State-owned Geothermal power company in El Salvador
Represent Churchill Mining Plc and Planet Mining Pty Ltd. in their multibillion dollar investment treaty claims against the Republic of Indonesia.
Lead Counsel for Spentex Netherlands B.V. in its its multimillion dollar investment treaty claims against the Republic of Uzbekistan.
Lead Counsel for a Houston-based energy company in a private international commercial arbitration and related U.S. litigation arising from the sale of a suite of companies and oil and gas assets in Latin America.
Represent Magnus Energy Group and related entities in its multimillion dollar investment treaty claims against the Republic of Indonesia.
Lead counsel for a US investor in claims against a European-based company and investment treaty claims against a Latin American country.
Lead counsel for Slovakian investors in a series of complex civil and criminal disputes arising out of a commercial investment made in a Caribbean island.
Lead trial counsel for the Republic of Guatemala in the first ever international ICSID arbitration filed under the auspices of CAFTA and the first ever ICSID arbitration filed against Guatemala. The case was filed against Guatemala by U.S. railway management and development company -- Railroad Development Corporation (RDC) v. Republic of Guatemala (ICSID Case No. ARB/07/23).
Lead trial counsel for the Republic of Panama in the first ever international ICSID arbitration filed against it by several U.S.-based investors under the auspices of the Bilateral Investment Treaty between the U.S. and the Republic of Panamá involving a multi-million dollar claim arising from allegations that certain Panamanian tax credits were not honored. Mr. Orta obtained a complete victory for his client and a multimillion dollar award of costs and fees—Nations Energy, Inc. y otros c. República de Panamá (ICSID Case No. ARB/06/19).
One of the lead trial counsel for the Republic of El Salvador in an international ICSID arbitration filed against it by a Spanish company and obtained a dismissal of this case on jurisdictional grounds based on the "in accordance with law" provisions of the applicable BIT and proof that the investment at issue was not made in accordance with the laws of El Salvador since the investment had been procured through fraud -- Inceysa Vallisoletana S.L. c. República de El Salvador (ICSID Case No. ARB/03/26).
Lead counsel for the Republic of Panamá in an international ICDR arbitration filed against the Republic by various US-based investors and involving a claim for tens of millions of dollars based on allegations that Panamanian tax credits were not honored by the government and obtained a dismissal of the claim in its entirety.
Lead trial counsel for a Central-American state-owned power company in an UNCITRAL ad hoc arbitration against a foreign investor.
Represented a major US electric utility company as one of its lead counsel in international arbitration issues against a Latin American state.
Lead counsel for Consorcio Pentamat a Venezuelan corporation, in its commercial dispute with Carrier Transicold, a division of Carrier Corporation, and was able to obtain a quick and favorable settlement of an unfair competition claim involving a former employee who left Consorcio Pentamat, began working for Carrier in violation of a non-compete agreement and began soliciting customers away from Consorcio Pentamat in violation of the non-solicitation provisions of his employment agreement.
Lead counsel for Electricidad de Caracas, a Venezuelan corporation, in a business dispute with a major US financial institution.
Lead counsel for Impsat Fiber Networks, an Argentinean corporation, in a commercial dispute with Nortel Networks and obtained an outright dismissal of the case in favor of Impsat.
Trial counsel for Wyeth in the nationwide diet drug ("phen-fen") litigation, including handling trials in Pennsylvania, Georgia and Florida.
Trial and national coordinating counsel for Wyeth in the defense of complex, pharmaceutical liability cases pending in both federal and state courts throughout the country, including all cases filed in Virginia, North Carolina, Delaware, Maryland and Arkansas.
Handled numerous cases for pharmaceutical clients alleging deceptive advertising and violation of consumer protection act statutes, including consumer fraud class actions.
Served as product liability counsel for Boston Scientific in its US$24.5 billion acquisition of Guidant Corporation.
Lead product liability counsel for Albemarle Corporation in a nationwide remediation program.
Lead trial counsel and obtained a jury verdict for client in a case involving consumer fraud allegations, including alleged material omissions and deceptive trade practices concerning a matchmaking service.
Lead counsel for and obtained a quick favorable settlement on behalf of Overlook Systems Technologies, Inc. in its dispute with a former employee involving unfair competition claims, including misappropriation of trade secrets and other proprietary information.
Lead counsel for Albemarle Corporation in its business dispute with a distributor and filed a preemptive suit and obtained a quick settlement of a variety of breach of contract and tort claims in which the parties were cross-claiming for millions in damages.
Trial counsel for a brokerage company in a commercial fraud case and obtained a jury verdict on behalf of the brokerage company.