Mallory Silberman is an internationally recognized advocate with more than a decade of experience litigating high-profile international arbitrations. In interviews with Who's Who Legal, Ms. Silberman's clients and peers have described her as "a clear future leader in the field of investor-state arbitration," with a "creative mind," an "unmatched" "knowledge of the jurisprudence," and "oral advocacy skills [that] far outpace most of her peers."
To date, Ms. Silberman has been counsel in 40 investment treaty cases, including more than 25 at ICSID (an arbitration arm of the World Bank). Across these cases, she has represented not only prominent international corporations, but also approximately 8% of the world's countries—including Chile, Costa Rica, the Czech Republic, the Dominican Republic, Guatemala, Hungary, the Kyrgyz Republic, Panama, Peru, the Philippines, the Slovak Republic, South Korea, and Turkey. These cases have involved everything from transportation concessions, telecoms licenses, intellectual property, and bank regulation, to mining, renewable energy, environmental permits, and taxation.
In 2019, Ms. Silberman was named one of the top five "under 40" international arbitration attorneys worldwide (Law360). Her work has also been recognized by Who's Who Legal (Future Leader in International Arbitration, 2017–2021); Latinvex (Latin America's Top 100 Female Attorneys, 2017–2020); The Legal 500 Latin America (Next Generation Partner in International Arbitration) (twice); Super Lawyers (Rising Star in International Law) (six times); and others.
In addition to her work at the Firm, Ms. Silberman currently serves as the chair of the International Dispute Resolution Committee of the DC Bar. She also is an adjunct professor at the Georgetown University Law Center, where she has taught since 2012. She frequently speaks at industry conferences, and is a member of the Peer Review Board of the American Review of International Arbitration.
Ms. Silberman has played an integral role in many of the cases that comprise the firm's streak of positive rulings in investor-State cases. Below is a selection of her concluded cases.
- Successfully defended the Republic of Panama in an ICSID arbitration initiated by two members of the Bridgestone group of companies, securing dismissal of the claims and an award of costs and legal fees to Panama.
- Successfully represented the Republic of Chile during multiple phases of the record-breaking Victor Pey Casado and President Allende Foundation v. Chile case, securing: (1) annulment of a 2008 award that had granted monetary relief to the claimants; (2) in the ensuing "resubmission" proceeding, an award that dismissed the entirety of the claimants' damages claims; (3) a decision rejecting the claimants' subsequent request for annulment; (4) an award in a parallel UNCITRAL proceeding, dismissing all of the claims on jurisdictional grounds; and (5) in each of the foregoing, a favorable costs ruling for Chile. The award in the resubmission phase was one of Global Arbitration Review's nominees for 2016 Decision of the Year.
- Successfully defended the Dominican Republic in two separate investment arbitrations pursuant to DR-CAFTA. In the first, Corona Materials v. Dominican Republic, the tribunal declined jurisdiction in a "summary judgment"-style proceeding. In the second, Ballantine v. Dominican Republic, the claims were dismissed on jurisdictional grounds—in an award that appears to have been the first time that an investment tribunal ever declined jurisdiction on the basis of the claimant's dominant and effective nationality.
- Successfully defended the Czech Republic in the six concluded investment treaty cases pertaining to the solar energy sector, securing dismissal of ECT and BIT claims for lack of jurisdiction and/or merit. In five of the six cases, the tribunal awarded certain costs to the Czech Republic.
- Successfully defended the Government of Hungary in two ICSID arbitrations pertaining to telecoms licenses (Emmis Holding B.V. et al. v. Hungary and Accession Mezzanine Capital LP et al. v. Hungary). The tribunals rejected certain claims for "manifest lack of legal merit," and dismissed the remainder for lack of jurisdiction.
- Successfully represented French electricity company EDF in an ICSID arbitration against Argentina, securing a damages award that—at the time—was one of the largest arbitral awards against Argentina in a case involving the 2001 financial crisis.
Arbitration: Future Leaders (2021)
- "[Mallory] is among the world's most experienced young practitioners of investment arbitration — an extremely skilled advocate."
- "Truly impressive."
- "She has tremendous knowledge of investment arbitration."
- "Technically excellent."
- "She has ‘true grit’ coupled with undeniable charm."
- "She was very good in cross-examination at a recent hearing."
- "She was great at interacting with witnesses during the preparation of witness statements and for the hearing."
- "Mallory has a good understanding of witnesses, which facilitates cooperation with them."
- "She is strong in cross-examination, very responsive and reliable with great all-round communication skills."
- "She stood out for her dedication, commitment and attention to detail."
- "Mallory has great management, organization. and presentation skills, and it is very easy to work with her."
- "She has good interpersonal and communication skills which helps her to earn the trust of her peers, experts, and other people involved."
- JD, University of North Carolina School of Law, 2009, with honors
- BA, Syracuse University, 2006, magna cum laude, Phi Beta Kappa
- District of Columbia
- US Court of Appeals for the Second Circuit