Richard Deutsch

Arbitrator Experience
Rich has been appointed to sit as an arbitrator in construction and energy arbitrations administered by the major international administrators, including the AAA, ICDR, ICC and LCIA, as well as ad-hoc matters utilizing the UNCITRAL Arbitration Rules, for disputes ranging from $1 million to $1.25 billion in claimed damages. He holds “Fellow” status at the Chartered Institute of Arbitrators (CIArb) and is a certified arbitrator for construction disputes by the Dispute Resolution Board Foundation. He has completed extensive training at the leading arbitration institutions, including:

• ICC Masterclass for Arbitrators (Paris) – Invitation Only,
• ICC Institute Advanced Level Training (New York),
• AAA/ICDR Arbitrator Training Events worldwide (Houston, TX; San Francisco, CA; Mexico City, Mexico; Sao Paulo, Brazil), and
• Arbitrator Certification at Dispute Resolution Board Foundation (London and Houston).

International Law Highlights & General Background
In 2018, Rich played a role in the representation of the family of Otto Warmbier, helping the family secure a $501 million decision by the U.S. District Court for the District of Colombia against the government of North Korea for its role in the torture and death of Mr. Warmbier. He also assisted in obtaining a genocide declaration against ISIS in 2016 for its acts against Christians, Yezidis and other religious minorities, marking the first such determination by the U.S. government.

Before earning his law degree, Rich was a sportswriter and wrote extensively for Sports Illustrated, The Washington Post, The Miami Herald, The Austin American-Statesman, The Houston Post and Texas Monthly Magazine. Rich sits on the Board of Trustees at the Holocaust Museum of Houston and is actively involved in several legal associations.

• Represented Claimant Smart City Holdings Inc. in an ICSID arbitration against the Cooperative Republic of Guyana arising from the government’s freezing of a transportation concession in violation of Guyana’s Investment Act and bilateral investment agreements (ICSID Case No. ARB/21/64).
• Representing several U.S. and Chinese investors in three Hong Kong International Arbitration Centre arbitrations involving real estate holdings and loan agreements (Hong Kong International Arbitration Centre).
• Representing claimant U.S. energy trust against an Asian government in an investor-state arbitration regarding cancelation of offshore drilling rights in violation of an investment treaty (UNCITRAL Rules arbitration).
• Representing U.S. energy trust against European energy company in dispute involving royalty interests for drilling rights in South China Sea (ICDR Rules).
• Representing a pharmaceutical manufacturer in a $1 billion dispute regarding the development and marketing of a new product in an ICC Rules arbitration in Zurich.
• Representing a U.S. biopharmaceuticals company in an ICC Rules arbitration in Berlin.
• Representing an African investment group in a dispute with two Chinese companies arising out of loan and share transfer agreements in an arbitration administered by the Hong Kong International Arbitration Centre.
• Leading the representation of a leading civil engineering firm in all aspects of the largest Federal Election Campaign Act investigation undertaken by the DOJ.
• On behalf of the American Petroleum Institute, prepared an amicus brief to the U.S. Court of Appeals for the Second Circuit in support of the efforts of the Nigerian entities of ExxonMobil and Shell (Esso Exploration and Production Limited and Shell Nigeria Exploration and Production Company Limited) to enforce a $1.8 billion international arbitration award against Nigeria’s National Petroleum Corporation.
• Assisted in a landmark half-billion-dollar judgment in the U.S. District Court for the District of Columbia for the parents of Otto Warmbier in their lawsuit against North Korea. Rich advised on the international arbitration components related to the parents’ ability to bring this claim in U.S. court.
• Represented three major oil and gas exploration companies in an arbitration (ICDR Rules) over the costs of a multibillion-dollar offshore production facility in the Gulf of Mexico. The successful arbitration award provided the clients with the compensation necessary to cover their legal claims without hindering the success of the project.
• Early in his career, Rich represented numerous international energy companies, including ExxonMobil, Enron Corp. and Azurix Corp., in a series of ICSID arbitrations against the Government of Argentina. The issues at the center of these arbitrations, such as indirect expropriation, fair and equitable treatment and various jurisdictional topics, remain central to all investor-state arbitrations today.
• Rich co-authored an open letter from a pro bono client, the American Center for Law & Justice, to Secretary of State John Kerry that was a part of the successful effort to have genocide declared against ISIS for its treatment of Christians in Iraq and Syria.

• Honors and Awards (cont'd)
  • Selected by Texas Super Lawyer to Rising Stars (2011 – 2013), Selected to Super Lawyers (2013 – 2025).
  • Selected as a “Leading Lawyer,” Energy Litigation: Oil and Gas, Texas, The Legal 500 U.S. 2018.
  • Named a “Future Star,” Benchmark Litigation, 2009.
• Affiliations
  • Advisory Committee (Houston), International Centre for Dispute Resolution (ICDR)
  • President, Houston International Arbitration Club
  • Fellow, Chartered Institute of Arbitrators
  • Advisory Board, Institute for Transnational Arbitration
  • Adjunct Professor, International Commercial Arbitration & International Investor-State Arbitration, University of Texas School of Law
  • Adjunct Professor, International Arbitration, St. Gallen (Switzerland), Executive Master of International Business Law
  • Advisory Board, University of Texas School of Law, Kay Bailey Hutchison Center for Energy, Law & Business
  • Member, Association of International Petroleum Negotiators
  • Board of Advisors, Holocaust Museum Houston
  • Member, American Society of International Law, Dispute Resolution, International Courts and Tribunals
  • Member, Texas State Bar, International Law Section
  • Fellow, Texas Bar Foundation (former)
  • Member, Houston World Affairs Council
  • Steering Group & Vice-Chair, American Bar Association, Section of International Law, International Arbitration Committee
  • Houston Bar Association, International Law Section (Chair 2010 – 2011, Vice-Chair 2009 – 2010, Counsel)
  • Member, Houston Bar Association Law & the Media Committee (Chair 2006)
  • Member, USCI B/ICC Young Arbitrator’s Forum (former)
  • Member, United Way of Greater Houston, Young Leaders (former)
• Speaking Engagements
  • “What Will Be the Impact of the US Elections on Investment Arbitration?,” 5th Annual Washington Arbitration Week, Washington D.C., December 2, 2024, Panelist.
  • “Top 10 International Arbitration Developments of 2024,” 13th Annual Conference of the Atlanta International Arbitration Society,” Atlanta, GA, October 9, 2024, Moderator.
  • “International Energy Disputes Arising from the Russia/Ukraine War,” Institute for Energy Law’s 75th Annual Energy Law Conference, Houston, TX, February 23, 2024, Module Chair.
  • "Identifying, Quantifying, and Proving Damages in Energy Projects: How to Incorporate Risks in Calculating Damages Based on Unforeseen Circumstances?", 12th ITA-IEL-ICC Joint Conference on International Energy Arbitration, Houston, TX, January 19, 2024, Moderator.
  • “International Arbitration Has Allot to Learn About Case Management from the Federal Courts. Or Does It?”, Houston International Arbitration Club, Houston, TX, November 14, 2023, Moderator.
  • “Looking Back and Forward: Investment Arbitration and Regional Investment Agreements in the Americas,” Symposium on the Crossroads of International Arbitration, Finance and Investment, South Texas College of Law, Houston, TX, October 20, 2023, Panelist.
  • “International Energy Disputes,” 2023 American Arbitration Association Energy Conference: The State of Energy in Alternative Dispute Resolution, Houston, TX, September 19, 2023. Panelist.
  • “Disputes Under Production Sharing Agreements – Continued Turbulence?,” 10th Annual ITA-IEL-ICC Joint Conference on International Energy Arbitration, Houston, TX, January 21, 2022. Panelist.
  • “The Seat Matters: The Expansion and Evolution of International Commercial Courts and Global Arbitration Centers,” American Bar Association Section of International Law 2020 (Virtual) Annual Meeting, New York NY, June 23, 2020. Panelist.
  • “Macondo’s 10th Anniversary: What Are the Lessons Learned?,” 8th ITA-IEL-ICC Joint Conference on International Energy Arbitration, Houston, TX, January 24, 2020. Panelist.
  • “Political Turmoil, Government Instability, Unpredictable Economies and Trump: The International Arbitration Approach to Issues Impacting the Global Energy Market,” 95th IECA Annual Conference, October 13 – 16, 2019. Featured speaker.
  • “International Dispute Resolution,” International Oil & Gas Law, Contracts and Negotiations Conference, Houston, TX, October 2018. Presenter.
  • “Mitigating Commercial & Political Risk, The International Arbitration Option,” Avoid Strike-Outs in Today's Energy Market: How to Manage Trade, Data and Compliance Risks, Houston, TX, May 24, 2018. Presenter.
  • “Oil and Gas Commercial Disputes in Latin America,” AIPN & ICDR Dispute Resolution in the International Energy Business, Mexico City, Mexico, November 9, 2017. Panelist.
  • “Contemporary Issues in International Dispute Resolution,” Texas State Bar’s 29th Annual International Law Institute, Houston, TX, February 24, 2017. Presenters.
  • “Key Issues in International Dispute Resolution for 2017,” Texas State Bar’s 29th Annual International Law Institute, Houston, TX, February 23, 2017. Moderator.
  • “New Trends in Oil and Gas Investment Arbitration and Lessons Learned from Recent Decisions,” International Law Institute and University of Houston School of Law’s Second Houston Annual Conference, Oil and Gas Investment Arbitration 2015, Houston, TX, October 30, 2015. Panelist.
  • “International Energy Dispute Resolution,” International Law Section of the Texas State Bar, Annual Institute, Hot Topics in International Energy, Houston, TX, March 4, 2015. Moderator.
  • “Drafting Dispute Resolution Clauses: Practices and Trends,” International Centre for Dispute Resolution Miami International Arbitration Conference, International Dispute Resolution in the Americas, Coral Gables, FL, January 28, 2015. Moderator.
  • Willem C. Vis International Commercial Arbitration Moot and related events, Vienna, Austria, April 2012 – 2014. Arbitrator, Panelist.
  • “International Investment Law and Dispute Settlement,” University of Pennsylvania Journal of International Law’s Symposium on International Regulation of Investment in the Rising Powers, Philadelphia, PA, November 8, 2013. Panelist.
  • “The Final Curtain: Post Hearing Submissions, Deliberations and Enforcement” Joint Conference on International Arbitration, presented by the Brazilian Arbitration Committee, the Institute for Transnational Arbitration and the Arbitration and Mediation Center of the Canada-Brazil Chamber of Commerce, Sao Paulo, Brazil, September 19, 2013. Panelist.
  • “Unquenchable Thirst The Outlook for Energy Disputes in Africa,” American Society of International Law's 107th Annual Meeting, Washington, D.C., April 4, 2013. Moderator.
  • American Conference Institute’s 7th Houston FCPA Boot Camp, Houston, TX, January 23, 2013. Panelist.
  • “Scenarios: Testing Your International Arbitration Clauses,” Advanced Contract Risk Management for Oil and Gas program, Houston, TX, May 14, 2012. Presenter.
  • “The Final Curtain: Post-Hearing Submissions, Deliberations and Enforcement,” 24th Annual Institute for Transnational Arbitration Workshop, Dallas, TX, June 21, 2012. Presenter.
  • “A Mock Arbitration Involving International Investment Claims Arising from the U.S. Financial Crisis,” ABA International Law Section Fall Meeting, Dublin, Ireland, October 2011. Presenter.
  • “Dispute Resolution Planning to Protect Assets in Emerging Markets,” SMU Dedman School of Law, Dallas, TX, October 2011. Guest lecturer.
  • “The Empires Strike Back: A New Era in Investor/State Arbitration,” Houston Bar Association’s International Law Section, Houston, TX, October 2010. Panelist.
  • “Dispute Adjudication Boards: Duties and Responsibilities Under the ICC Dispute Board Rules,” presented at conference titled “Using Dispute Boards to Corral Construction Disputes,” sponsored by the Dispute Resolution Board Foundation, AAA and the ABA’s Forum Committee on the Construction Industry, Houston, TX, October 2009. Presenter.
  • “Structuring a Career in International Law,” Texas State Bar International Law Section’s Student Outreach Program, Houston, TX, January 2009. Panelist.
  • “The Role of In-House Counsel in International Arbitration,” Houston Bar Association International Law Section, Houston, TX, January 2009. Presenter.
  • “How to Protect Investments Abroad, BIT by BIT,” CEE-UT New Era in Oil, Gas and Power Value program, Houston Branch-Federal Reserve Bank of Dallas, Houston, TX, May 2005, May 2006, May 2007, May 2008. Presenter.
  • “The Practice of International Law,” guest lecturer at The University of Texas School of Law, Austin, TX, May 2008. Guest lecturer.
  • “Investment Treaty Arbitration,” The University of Texas School of Law, Austin, TX, November 2006, March 2008. Guest lecturer.
  • “The Foreign Corrupt Practices Act: New Developments and Emerging Trends in FCPA Enforcement,” Houston Bar Association International Law Section, Houston, TX, January 2008. Panelist.
  • “Structuring Foreign Investments for Investment Treaty Protection,” International Law Section of Houston Bar Association, Houston, TX, April 2007. Presenter.
  • “Wind Power and Other Renewable Energy Project,” Rocky Mountain Mineral Law Foundation’s Institute on Natural Resources Development in Indian Country, Albuquerque, NM, October 2005. Presenter.
• Publications
  • “Investment Treaty Arbitration: USA,” Global Arbitration Review, Authors: Stephan E. Becker, Michael Evan Jaffe, Richard Deutsch, Gary J. Shaw, Carolina Plaza, Lindsey Mitchell, 09/30/2024
  • “Litigation: USA,” Authors: Michael Evan Jaffe, Charles C. Conrad, Roland C. Reimers, Alexis N. Wansac, Richard Deutsch, Rafael T. Boza, 06.27.23
  • “Book Review: ICSID Rules and Regulations 2022: Article-by-Article Commentary,” ICSID Review – Foreign Investment Law Journal, 2023, siad024.
  • “SCOTUS Upholds Civil RICO Lawsuit for a Foreign Defendant’s Acts in the United States to Evade Enforcement of a Foreign Arbitral Award,” Authors: Andrew C. Smith, Geoffrey Sant, Richard Deutsch, Ronald L. Cheng, Adam Goldberg, 06/29/2023
  • “Supreme Court Restricts Broad Application of Alien Tort Statute for Domestic Corporations,” Authors: Robert A. James, Richard Deutsch, 06/23/2021
  • “Prohibited Campaign Contributions Threaten to Put Corporate Donors Behind Bars,” Authors: Elizabeth Vella Moeller, Emily B. Erlingsson, William M. Sullivan, Jr., Nicole Steinberg, Richard Deutsch, 10/21/2020
  • “Important International Arbitration Issues Fill Supreme Court Docket,” Authors: Richard Deutsch, 07/08/2020
  • “U.S. Circuit Rulings Complicate Key International Arbitration Decisions,” Authors: Richard Deutsch, Elizabeth Dye, April 30, 2020.
  • “Freezing Time in a Contractual Bottle: Is it Time to Reconsider Freezing Clauses in International Energy Contracts?,” Rocky Mountain Mineral Law Institute (65th Annual Institute Proceedings), December 2019. Author of chapter.
  • “6th Circuit Ruling May Weaken Key Benefit of Int’l Arbitration,” Law360, October 4, 2019. Co-author.
  • “An ICSID Tribunal Denies Jurisdiction for Failure to Satisfy BIT’s ‘Cooling-Off’ Period: Further Evidence of a Sea Change in Investor-State Arbitration or a Meaningless Ripple?,” University of Houston Law Center Journal of International Law, October 31, 2011.
  • “FCPA Prosecution: Lessons Learned from Deferred and Non-Prosecution Agreements,” International Bribery: FCPA Update 2011, Thomas Reuters/Westlaw Expert Commentary Series, February 2011.
  • “Inside the Minds: Emerging Applications for ADR International ADR Developments: Innovative Approaches to Resolving New Types of Disputes,” January 2010. Author of chapter.
  • “Protecting Energy Projects From Political Risk by Treaty Planning: Pitfalls & Guidelines,” American Bar Association Energy Law Journal, Winter 2009, Co-author.
  • “FCPA Prosecution: Lessons Learned From Deferred and Non-Prosecution Agreements,” White-Collar Crime Andrews Litigation Reporter, August 2009. Co-author.
  • “Importance of Choice of Arbitral Seat,” Institute for Transnational Arbitration’s News & Notes Newsletter, Fall 2008.
  • “Options for the Nervous Investor in Venezuela: Structuring for BIT Protection and Preserving the ICSID Option,” Oil, Gas & Energy Law/Transnational Dispute Management, Special Issue on Venezuela, 2008.
  • “Accounting for Uncertainty in Discounted Cash Flow Valuation of Upstream Oil and Gas Investments,” Journal of Energy and Natural Resources Law, Special Issue on Energy and Natural Resources Disputes and their Resolution, Vol. 25, No. 3; Reprinted Transnational Dispute Management, November 2007.
  • “ADC v. Hungary: ICSID Tribunal’s application of unique valuation method and its impact on future BIT awards," Oil, Gas & Energy Law/Transnational Dispute Management, Special Issue on Compensation/Damages, June 2007.
  • “Structuring Energy Projects for Investment Treaty Protection,” Rocky Mountain Mineral Law Foundation Conference on International Mining and Oil and Gas Law, Development and Investment, April 2007.
  • “Wind Power and Other Renewable Energy Projects,” Rocky Mountain Mineral Law Foundation Journal, 2005.
  • “Civil False Claims & Qui Tam Actions Update,” Page Keeton Civil Liability Conference, October 2004.
  • “CMS vs. Argentina | The Decision of the International Centre for the Settlement of Investment Disputes and its main consequences for the practice,” Sellier (Germany) European Law Publishers, January 2004.
  • “The Commerce Clause as Shelter for Discrimination,” SMU Journal of Air Law & Commerce, Fall 2002.
  • “When Is an Expert's Departure from Instructions Deemed to Be Material,” Stockholm Arbitration Report, 2002.
  • “Eleventh Circuit Holds That Regulations Prohibiting the Sale of Religious Literature at Miami International Airport Are Unconstitutional,” SMU Journal of Air Law & Commerce, Spring 2001.