David M. Orta

• Redwood Capital
• Bluemountain Capital
• Neuberger Berman
• Avenue Capital
• Natrugy
• Pan American Energy
• Grupo Isolux Corsan, S.A.
• B-Mex, LLC and various U.S. investors in a Mexican casino project
• Ali Allawi
• Progas Energy Holdings
• Spentex Industries Limited & Spentex Netherlands, B.V.
• Offshore Exploration & Production LLC
• Pala Investments
• Norcast, S.ár.l
• Churchill Mining Plc
• Republic of Panama
• Republic of El Salvador
• Republic of Guatemala
• Largest state-owned power company in El Salvador
• State-owned Geothermal power company in El Salvador

• Lead counsel for a Spanish company in an ad hoc international arbitration against the Kingdom of Spain and the Republic of France relating to the construction and operation of a public railway concession to build, own and operate a high speed railway between the two countries.
• Lead counsel for B-Mex and various other U.S. claimants in a NAFTA ICSID Facility Rules investment treaty arbitration against the United Mexican States.
• Lead counsel for various U.S. claimant investors in the Mexican company Oro Negro s in a NAFTA UNCITRAL investment treaty arbitration against the United Mexican States.
• Lead counsel in an UNCITRAL ICDR international arbitration for a Latin American wholesale and retail distributor of sporting retai clothing and footwear against a U.S. manufacturer.
• Lead counsel for a Colombian sugar and energy producer in two ICC commercial arbitrations against a Central American party.
• Lead counsel for Progas Energy Holdings et al. against the Republic of Pakistan in an investment treaty UNCITRAL arbitration claiming hundreds of millions of dollars arising from an energy and infrastructure project.
• Lead counsel for Dr. Ali Allawi against the Republic of Pakistan in an investment treaty UNCITRAL arbitration claiming hundreds of millions of dollars arising from an energy and infrastructure project.
• Lead counsel for various claimants in two investment treaty disputes against the Republic of Venezuela.
• Lead counsel for various claimants in an investment treaty dispute claiming billions of dollars against the Republic of Bolivia.
• Lead counsel for a European claimant in an investment treaty dispute against the Republic of Peru.
• Lead counsel for various U.S. claimants in a NAFTA investment treaty arbitration against the United Mexican States.
• Lead counsel for the Republic of Panama in an investment treaty ICSID arbitration filed by IBT Group LLC, Constructor, Consulting and Engineering (Panamá), S.A. and International Business and Trade, LLC.
• Lead counsel for Spentex Netherlands B.V. in 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 Churchill Mining Plc and Planet Mining Pty Ltd. in their multibillion dollar investment treaty claims against the Republic of Indonesia.
• 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 Pala Investments and Norcast, S.ár.l in federal and state court litigation arising out of an international sale of a subsidiary portfolio company against Castle Harlan, Inc.
• 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 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 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).
• Lead 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 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.

• Lender Liability & Other Banking Financial Institution Litigation
• Class Action Litigation
• Construction Litigation
• Domestic U.S. Arbitration
• Energy Sector Disputes
• Government Contracts Litigation
• Litigation Representing Plaintiffs
• Real Estate Litigation
• Transnational Litigation
• Investigations, Government Enforcement & White Collar Criminal Defense Practice
• Latin America Practice
• Sovereign Litigation, Arbitration and Workouts
• Section 1782
• International Arbitration

• Stetson University College of Law
  (J.D., magna cum laude, salutatorian, 1994)
  
• Tulane University
  (B.A., 1991)

• The District of Columbia Bar
• The State Bar of Florida
• Not admitted to the State Bar of New York (Supervision by members of the firm who are members of the New York Bar)
• 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

• Spanish

• Arnold & Porter LLP:
  • Partner, 2002-2012
  • Associate, 1998-2001
    
• Greenberg Traurig LLP:
  • Associate, 1996-1998
    
• Florida Third District Court of Appeals:
  • Law Clerk for the Honorable David L. Levy, 1994-1996

• Chambers
  • Global - Latin America - Arbitration (International) Band 3 (2024)
  • Global – USA - Intellectual Property: Patent International Arbitration (Foreign expert for Latin America-wide) (2024)
  • Latin American Wide – International Arbitration (2012-2025)
  • USA – International Arbitration: Counsel (2017-2024)
  • Global – International Arbitration (2012-2023)
  • USA - International Arbitration- Foreign expert for Latin America-wide
  • "David Orta is easy to deal with and is always available to comment on any action related to the matter at hand. He is always open to discussing different proposals and strategies."
  • "David Orta speaks excellent Spanish and is well equipped to handle international arbitration in Latin America."
  • David Orta has a wealth of experience in Latin American arbitration matters, offering particular insight into cases involving Argentina, Ecuador and Mexico. His practice covers advising corporate clients on both commercial and investor-state mandates.
• National and International Arbitration Center of the Lima Chamber of Commerce
  • Named in Roster of International Arbitrators
• Latinvex
  • Named as one of the Latin America Top 100 Arbitration and Litigation Lawyers (2014-2024)
• Legal 500
  • Leading Plaintiff Financial Lawyers, Transnational & Financial Litigation; Class Actions (2024)
  • Dispute Resolution: International Arbitration, “Leading Lawyer” (2023-2024)
  • Dispute Resolution: International Arbitration (2015-2023)
  • Energy Litigation: Oil and Gas (2018-2023)
  • International Litigation, (2018-2022)
• Leaders League
  • Dispute Resolution: International Arbitration, “Highly Recommended”, (2024)
  • Dispute Resolution: Investment Arbitration, “Highly Recommended”, (2024)
• Who’s Who Legal
  
  • Named one of the World’s Leading Commercial Arbitrators Who’s Who Legal: Arbitration (2012-2024)
  • Named one of the World’s Leading Commercial Arbiters in Who’s Who Legal – Compendium Edition (2017)
  • Named one of the world’s leading practitioners in The International Who’s Who of Asset Recovery Lawyers (2012)
• Super Lawyers
  • Selected for inclusion in Super Lawyers – Washington, D.C. Edition (2013-2020)
• Best Lawyers
  • Ranked by The Best Lawyers in America: International Arbitration – Commercial (2023-2025)
• Euromoney
  • Named one of the World’s Leading Commercial Arbitration Practitioners in the Euro money Expert Guide (2011, 2013, 2015, 2017-2022)
    
• DRI
  • Named to the Lawyers of Color Hotlist (2014)
• Martindale-Hubbell
  • Received the AV Preeminent Rating which is the pinnacle of professional excellence earned through a strenuous peer review rating process. It is the highest possible rating in both legal ability and ethical standards based on confidential peer reviews from both members of the legal bar and the judiciary (2017-2023)
• Martindale-Hubble®
  • Rated AV “Preeminent” (2014-2024)
• Washington Post
  • Named one of the Top Attorneys in Washington, D.C. (2015)
• Global Arbitration Review
  • Included in “Names to Know” (2010 Edition)
• The National Law Journal
  • Selected as one of the Top 40 Lawyers Under 40 in Washington, D.C.—“40 Under 40: Washington’s Rising Stars” (2009)
• Lawdragon 500
  
  • Lawdragon 500 Global Plaintiff Lawyers Guide (2024)
  • Lawdragon 500 Leading U.S.Transnational & Financial Litigation; Class Actions (2023)
  • Lawdragon 500 Leading U.S. Energy Lawyers for Global Energy Disputes and Litigation (2023,2024)
  • Lawdragon 500 Global Litigation Lawyers guide (2021, 2023, 2024) 
  • Lawdragon 500 Leading Plaintiff Financial Lawyers guide (2020,2021,2022) 
  • "New Stars, New Worlds" (2006)
• Washingtonian
  • "Top 40 Under 40" (2006)
• Mexican American Legal Defense and Educational Fund
  • “Rising Star," recognized as one of the next generation of leaders in the Hispanic legal community
• Hispanic Bar Association of the District of Columbia
  • Received the Excellence in Legal Services Award

Publications:

• David M. Orta, Brian H. Rowe, Julianne Jaquith, Kristopher Yue, “The Arbitration Review of the Americas 2020: Investment Treaty Arbitration in the Americas.” (published in August 2019), Global Arbitration Review.
• Firm Memorandum: Title III Suits Under The Helms-Burton Act - A Primer, (May 2019).
• David M. Orta, Tai-Heng Cheng, Julia Peck, “Getting the Deal Through (United States Chapter) – Investment Treaty Arbitration 2016." (published in November 2015), Law Business Research Ltd.  For further information please visit www.GettingTheDealThrough.com
• David M. Orta, Tai-Heng Cheng, Julia Peck, “Getting the Deal Through (United States Chapter) – Investment Treaty Arbitration 2015." (published in November 2014), Law Business Research Ltd.  For further information please visit www.GettingTheDealThrough.com
• 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.  Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Investment Treaty Arbitration 2015, (published in November 2014; contributing editor: Stephen Jagusch and Epaminontas Triantafilou, Quinn Emanuel Urquhart & Sullivan LLP). 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.

Presentations:

• David M. Orta. Panelist at the XV Edition CAI Costa Rica, 2024, "Knowing how to ask: The strategy of an effective petition", held in Costa Rica, February 7-9, 2024.
• David M. Orta. Panelist at 11th International Arbitration Conference "New Developments in Investment Arbitration in Latin America" held in La Paz, Bolivia, June 1-2, 2023.
• David M. Orta.  Panelist at MIAS, 1st annual LATAM investor-state arbitration conference “Dual Nationals are appropriate Claimants in ISDS”, held in Miami, Florida, October  30, 2022.
• David M. Orta. Panelist at 6th Edition Sao Paulo Arbitration week “Shareholders Agreements & Arbitration and Damages in Shareholders Disputes & Arbitration”,  Sao Paulo, Brazil,  October 16 - 22, 2022.
• David M. Orta.  Panelist  at 10th International Arbitration Conference "New Trends in Investment Arbitration, held in La Paz, Bolivia, June 9 -10, 2022.
• David M. Orta. Panelist at EMTA Webinar: Arbitration Awards and their effects on EM creditworthiness,  May 26, 2022.
• David M. Orta. Panelist at MIAS Conference Investor-State Arbitration, held in Miami, Florida,  May 4, 2022.
• Davi M. Orta.  Speaker at American Chamber Mexico virtual session "International Protection of Foreign Investment in Mexico,  March 11, 2022.
• David M. Orta.  FBM Fundacion Barra Mexicana, "Constitutional Crisis: the Importance of the Treaties celebrated by Mexico", Mexico City, Mexico, November 24, 2021.
• David M. Orta.  Speaker ICC Costa Rica 21- Pre-Moot “Tacticas de Guerra en Audiencias arbitrales”, September 3, 2021
• David M. Orta. Speaker SoftBank Open Sessions Event “A GC’s Guide to Litigation and International Arbitration”, July 1, 2021.
• David M. Orta. Speaker at “Trends in Investment Arbitration in the Natural Resources Industries in Latin America” organized by RMMLF, March 2021.
• David M. Orta.  Speaker EMTA Webinar “Recent Developments in Emerging Markets Arbitrations”, November 17, 2020.
• David M. Orta.  Speaker Webinar Coronavirus, Arbitration and Third-Party Funding, June 4, 2020.
• David M. Orta. Speaker European Arbitration Association Webinar, "Expedited Procedure and Emergency Arbitration under the ICC Rules Advantages and Risks", May 21, 2020.
• David M. Orta. Panelist at “Trends in Investment Arbitration in the Natural Resources Industries in Latin America” ORGANIZED BY RMMLF, MARCH 23.
• CIADI. Consolidación del Arbitraje Comercial,” held in Lima, Peru, April 27-29, 2016. 
• David M. Orta.  Speaker at the II Congreso Venezolano de Arbitraje Nacional e Internacional, “Los Principios Generales del Arbitraje y el Acuerdo de Arbitraje,” held in Caracas, Venezuela, April 6, 2016.
• David M. Orta.  Speaker at the Cumbre Sobre Litigio Oral held in Quito, Ecuador, March 21-23, 2016 Quito, Ecuador.
• David Orta. Speaker at the first Georgetown Latin American Conference, “Latin America at a Crossroads” held in Washington, D.C., November 13, 2015.
• 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.

Conferences:

• David M. Orta, is a speaker at the Latin American Arbitration Conference (CLA) 2024 XIV edition. "The great challenge: Arbitration through ChatGPT?", in Rio de Janeiro, Brazil, June 19-21, 2024.

• Professional Activity
  • Member, International Arbitrators of the National and International Arbitration Centre of the Lima Chamber of Commerce
  • 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, American Law Institute
• Community Activity
  • Member, Advisory Council, Archdiocesan Legal Network
  • Mexican American Legal Defense and Educational Fund (MALDEF)
    • Member, National Board of Directors
• 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