David J. Stute

David served in the U.S. Department of State Office of the Legal Adviser, where he advised the executive branch on UN affairs, national security, treaty negotations and proceedings in international fora.

• International Disputes
  • Represented respondent in TC Energy Corp. and TransCanada PipeLines Ltd. v. USA (ICSID Case No. ARB/21/63).
  • Represented respondent in Alicia Grace and others v. Mexico (ICSID Case No. UNCT/18/4).
  • Represented respondent in Optima Ventures LLC v. USA (ICSID Case No. ARB/21/11). 
  • Represented respondent in PACC Offshore Services Holdings v. Mexico (ICSID Case No. UNCT/18/5).
  • Represented respondent in APMC v. USA (Case No. UNCT/23/4).
  • Represented respondent in Legacy Vulcan LLC v. Mexico (ICSID Case No. ARB/19/1). 
  • Represented respondent in Iran v. USA (IUSCT Case No. B1).
  • Represented respondent in Certain Iranian Assets (Iran v. USA), International Court of Justice.
  • Represented respondent in Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Iran v. USA), International Court of Justice.
  • Represented the United States in Obligations of States in Respect of Climate Change, Advisory Proceeding, International Court of Justice.
  • Represented the United in Obligations of Israel in Relation to the Presence and Activities of the United Nations, Other International Organizations and Third States in and in Relation to the Occupied Palestinian Territory, Advisory Proceeding, International Court of Justice.
• International Commercial Arbitration
  • Represented a foreign investor in a confidential London-seated ad hoc arbitration brought by a State-owned entity involving a significant mining concession in West Africa, obtaining full dismissal of hundreds of millions of dollars in claims.
  • Represented a European powerplant manufacturer in a confidential Zurich-seated ICC arbitration involving project delays, developing the damages case and obtaining a favorable settlement exceeding USD 10 million.
  • Represented a European company in a confidential Zurich-seated ICC arbitration arising from equipment provided for a paper manufacturing plant, defeating the claims in full.
  • Represented Chinese technology executives in a confidential Washington-seated ICDR arbitration involving breach of contract, fraud and related claims by an American investor.
  • Counseled a foreign postal operator through dispute resolution options in a confidential ad hoc arbitration, obtaining a favorable settlement exceeding USD 10 million before filing.
• Appellate Litigation
  • Advised the U.S. Office of the Solicitor Geneneral in representing the United States as amicus curiae in ZF Automotive US, Inc. v. Luxshare Ltd. before the U.S. Supreme Court, helping secure a unanimous decision.
  • Advised the Department of Justice Civil Appellate staff in representing the United States as amicus curiae in Webuild S.P.A. v. WSP USA Inc. before the Second Circuit, helping obtain favorable decision.
  • Represented a provider of senior assisted living facilities in McDonald v. District of Columbia Board of Zoning Adjustment, obtaining a favorable appellate outcome allowing the project to proceed.
• Other Litigation
  • Represented Metso Minerals Canada, Inc. in the Southern District of New York, successfully enforcing an arbitral award under the New York Convention.
  • Represented a French technology company in a dispute with a German competitor over a failed acquisition, securing a favorable settlement following the prospect of U.S. discovery proceedings.
  • Developed immunity defenses for an international organization in U.S. federal district and circuit court litigation involving claims of complicity in acts of terrorism.
• Negotiations
  • Advised U.S. presidential envoy, his team and the National Security Council on nuclear testing liability issues in 20-year comprehensive international agreements with Pacific Island Nations.
  • Served as legal adviser on U.S. delegations at meetings of multilateral organizations in Europe and the Middle East.

• Publications
  • Nicht Aller Tage Abend, Der Tagesspiegel (2026).
  • Judging as Crime: A Transcontinental Perspective on Criminalizing Excesses of Judicial Discretion, 69 Am. J. Comp. L. 574-614 (2021).
  • The Singapore Convention—Not Much There, There, 1 ITA in Review 32-57 (2021).
  • Disclosure at Home and Across the Pond: U.S. Discovery for Foreign Proceedings as a Playbook for UK Practitioners?, New Law Journal (2020).
  • 28 U.S.C. § 1782 – Looking for Consensus, 35 Arbitration International 331-45 (2019).
  • Expect the Unexpected: A Report From the ITA Workshop on Adjudicating Changed Circumstances, Kluwer Arbitration Blog (2019).
  • Burden of Proof as a Prerequisite to Document Production Under the 2010 IBA Rules: An Obituary, Transnational Dispute Management, Jan. 2017.
  • Privacy Almighty? The CJEU’s Judgment in Google v. AEPD, 36 Michigan Journal of International Law 649-80 (2015).