International Arbitration

Mallory Silberman is an associate in Arnold & Porter LLP's international arbitration, litigation, and Latin America practice groups, where she focuses on international dispute resolution between sovereign States and multinational corporations. In addition to representing sovereigns in international commercial arbitration proceedings and US litigation proceedings, Ms. Silberman has particular experience in investment treaty disputes before the World-Bank-affiliated International Centre for Settlement of Investment Disputes ("ICSID"). She has represented investors and States in more than 15 ICSID and ICSID Additional Facility disputes arising under bilateral investment treaties, NAFTA, or the Energy Charter Treaty. Ms. Silberman speaks Spanish and Italian, and reads basic French and Portuguese. Her cases typically require a working knowledge of legal terms in two or more languages.

Ms. Silberman is an adjunct professor at the Georgetown University Law Center, where she teaches a substantive and oral advocacy course on international arbitration. She frequently speaks at industry conferences, and is a guest lecturer for an intensive arbitration course held at American University Washington College of Law..

Ms. Silberman earned her JD with honors from the University of North Carolina School of Law in 2009, and her BA magna cum laude in international relations and public relations from Syracuse University in 2006. At UNC, Ms. Silberman served as notes and comments editor on the North Carolina Journal of International Law and Commercial Regulation, and as class representative on the Student Bar Association.

Ms. Silberman is a member of the firm's Committee of Associates, an elected body that serves as a conduit for communication between associates and firm management.

International Arbitration Representative Matters

Recent cases include:

• Successfully representing the Republic of Chile during the annulment phase of the record-breaking Victor Pey Casado and President Allende Foundation v. Chile case, securing annulment of a tribunal's 2008 award to the claimants of USD 10 million (out of the USD 515 originally requested), and an order that the claimants reimburse Chile for some of the procedural costs it initially had borne;
• Successfully representing French electricity company EDF in an arbitration proceeding before the International Centre for Settlement of Investment Disputes (ICSID) (as of July 2012, the award is believed to be the largest outstanding arbitral award against Argentina in an investment treaty case involving the 2001 financial crisis);
• Successfully representing the Government of Hungary in the annulment proceeding in AES v. Hungary, securing not only a full dismissal of AES's annulment claims, but also an order that AES pay 100% of Hungary's procedural costs and attorney fees for the annulment phase;
• Securing a favorable result for the Republic of Guatemala in RDC v. Guatemala, an ICSID proceeding under the Dominican Republic - Central America Free Trade Agreement (CAFTA) (The tribunal dismissed the majority of the claims against Guatemala and ordered Guatemala to pay only a minimal amount in damages, interest, and costs, as compared to the amount requested. The tribunal also ordered, as a condition of payment, that the claimant return its interests in the Guatemalan railroad to the State); 
• Representing the Republic of Panama in an ICSID annulment proceeding (case discontinued for the claimants' failure to pay ICSID's fees).

Pending cases include: 

• Representing the Government of Hungary in Electabel S.A. v. Hungary, an ICSID case arising under the Energy Charter Treaty (In November 2012, the tribunal dismissed all of the claims against Hungary that could be decided to date, and deferred its decision on one remaining aspect of one claim until the year 2016); 
• Representing the Government of Hungary in two additional ICSID proceedings, both involving the communications industry;
• Representing a German investor in the annulment phase of an ICSID arbitration against Argentina (another firm represented the investor during the arbitration phase);
• Representing an American investor in a recently-initiated NAFTA proceeding against the Government of Canada;
• Representing the Republic of Korea in an investment dispute involving the Lone Star Funds, with respect to certain bank regulation and tax matters.

For the majority of the cases listed above, Ms. Silberman served as the sole or senior associate.