Richard D. Deutsch Partner

Richard Deutsch is a commercial litigator specializing in international arbitration and government investigations. Richard heads the U.S. division of the firm’s International Arbitration Group. He is licensed in Texas and New York.

In his international arbitration practice, Rich advises leading energy and financial services companies, among others, in international commercial arbitrations and investor-state arbitrations worldwide. He has represented clients in arbitrations under all of the major institution rules, including the International Centre for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC), the Singapore International Arbitration Centre (SIAC), the Cairo Regional Centre for International Commercial Arbitration, and the International Centre for the Settlement of Investment Disputes (ICSID), as well as ad-hoc arbitrations under the UNCITRAL Arbitration Rules. For clients investing in foreign jurisdictions, Rich provides advice on risk mitigation through arbitration provisions, international investment treaties and political risk insurance. He is a Fellow at the Chartered Institute of Arbitrators and is appointed to sit as an arbitrator in international disputes.

Rich’s international practice also includes representing companies in corporate investigations, including compliance with the Foreign Corrupt Practices Act (FCPA).  He has represented international energy companies implicated in recent industry-wide FCPA scandals, guiding them as they were being investigated by the Department of Justice or the Securities and Exchange Commission. He has provided FCPA due diligence to energy companies and medical devices companies with business dealings in high-risk locales, including Brazil, China, Iran, Iraq, Libya, Mexico and Nigeria, among others. 

In his commercial litigation practice, Rich has represented U.S. and Canadian banks and energy companies in large securities matters in federal and state court, including several multi-million dollar cases related to the Enron scandal. He has also defended a multinational bank in class action consumer claims and general commercial disputes.

Rich teaches International Commercial Arbitration and International Investor-State Arbitration at the University of Texas School of Law and serves on the advisory board of the school’s Kay Bailey Hutchison Center for Energy, Law and Business. He is also on the adjunct faculty for the University of St. Gallen (Switzerland) Institute of International Law.  Rich is active in the international arbitration community and is often asked to speak at international arbitration events or author journal articles on the practice. He is on the ICDR’s Houston Advisory Committee, the Advisory Board of The Institute for Transnational Arbitration, the steering group of the American Bar Association’s International Arbitration Committee, and serves as President of the Houston International Arbitration Club.

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.

Experience

International Arbitration: Noteworthy Cases

Bahrain oilfield services provider v. UAE project manager (UNCITRAL Rules). Advised potential claimant in dispute regarding amended services agreement for energy project in Iraq.

U.S. investment group v. Philippines-based investment bank (ICC Rules). Represented claimant in contract dispute regarding sale of power generation plants.

Represented a major international oil and gas exploration company in a Nigerian Arbitration Act Rules arbitration (UNCITRAL Model Law) and related litigation regarding a semi-submersible rig offshore Libya.

Represented three major oil and gas exploration companies in an arbitration (ICDR Rules) over the costs of a multi-billion dollar offshore production facility in the Gulf of Mexico.

Indian investment group v. Japanese automobile manufacturer (SIAC Rules). Represented claimant investment group in claim concerning automobile distribution agreements in India.

Spanish financial institution v. U.S. individual (ICDR Rules). Defended Spanish bank in claim arising from U.S. accounts.

U.S. company v. Azerbaijan company (ICC Rules). Defended computer company in a multi-million dollar claim.

International energy company v. U.S. company (ICDR Rules). Represented claimant energy company in dispute over fees related to energy trading.

U.K. Company v. Korean Company (UNCITRAL Rules). Represented claimant engineering company in international arbitration US$20 million claim.

North American Energy Company v. Chinese Corporation (ICDR Rules) Represented claimant in its $46 million claim.

Agricultural Corporation v. United Mexican States, ICSID Case No. ARB(AF)/05/02. Represented claimant in investor-state arbitration under North American Free Trade Agreement claim for US$122 million.

Joy Mining Machinery Ltd. v. Arab Republic of Egypt, ICSID Case No. ARB/03/11. Represented claimant in Investor- state arbitration claim for £16 million related to contract for mining equipment.

U.K. Company v. North African Company (Cairo Regional International Arbitration Centre arbitration). Represented claimant in US$20 million claim based on contract for equipment.

U.K. Company v. Russian Company (ICC Rules). Represented claimant in US$70 million commercial dispute against Russian company.

Chilean Company v. U.S. Company (ICDR Rules). Represented respondent telecommunications company in US$30 million claim.

Enron Corp. v. Argentina, ICSID Case No ARB/01/3. Represented claimant in its $300 million arbitration claim against the Argentine Government.

Sempra Energy International v. Argentina, ICSID Case No. ARB/02/16. Represented claimant in its $270 million arbitration claim against the Argentine Government.

Camuzzi International S.A. v. Argentina, ICSID Case No. ARB/03/2. Represented claimant in its $300 million arbitration claim against the Argentine Government.

International Energy Company v. Argentina, ICSID Case No. ARB/04/16. Represented claimant in its multimillion-dollar arbitration claim against the Argentine government.

El Paso Energy International Company v. Argentina, Case No. ARB/03/15. Represented claimant in its multi-million dollar arbitration claim against the Argentine Government.

Pan American Energy LLC v. Argentina, ICSID Case No. ARB/03/13. Represented claimant in its $300 million arbitration claim against the Argentine Government.

BP America and BP Argentina Exploration Company v. Argentina, ICSID Case No. ARB/04/8. Represented claimant in its $300 million arbitration claim against the Argentine Government.

Pioneer Natural Resources Company v. Argentina, ICSID Case No. ARB/03/12. Represented claimant in its $650 million claim against the Argentine Government.

Azurix Corporation v. Argentina, ICSID Case No. ARB/03/30. Represented claimant in its $571 million claim against the Argentine Government.

South American entrepreneur v. U.S. company (ICC Rules). Represented prominent South American entrepreneur in a $638,000 claim against U.S. company.

International Arbitration: Advice to Clients

General arbitration advice on arbitration provisions and steps to preserving arbitral rights for large transactions involving companies in Africa, Asia, Europe and Latin America.

Advised U.S. energy company on all aspects of potential ICC Rules arbitration claim against West African government arising from production sharing agreement.

Advised U.S. investor on structuring investment so as to gain treaty protections for investments in Eastern European.

Advised U.S. energy company on potential international arbitration claim (ICSID) against African government. Specifically, provided investment structuring advice for preserving international arbitration rights and structuring investment to gain additional rights, as well as advice on potential claims.

Advised U.S. oilfield services company on potential international arbitration claim (ICSID) against Eastern European government.

Advised U.S. food products company on potential international arbitration claim concerning its investment in South American country. Specifically, provided investment structuring advice for preserving international arbitration rights and structuring investment to gain additional rights, as well as advice on potential claims.

Advised U.S. agricultural company regarding potential international arbitration claim concerning investment in a Central American country. Specifically, provided advice on potential claims, damages analysis, and exposure to counterclaims..

Provided investment structuring advice for major U.S. energy company’s investments in Latin America and China.

Provided investment structuring advice for Mexican construction company’s investment in Venezuela.

Provided investment structuring advice for U.S. agricultural company’s planned investment in the Honduras.

Provided investment structuring advice for English chemical company’s investment in Saudi Arabia.

  • Southern Methodist University Dedman School of Law, JD, Managing Editor, SMU Law Review, 2002
  • The University of Texas at Austin, BA, Journalism, 1992
  • The University of Texas at Austin, BA, English, 1989

Member, Association of International Petroleum Negotiators

Fellow, Chartered Institute of Arbitrators

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, Institute for Transnational Arbitration

President, Houston International Arbitration Club

Advisory Committee (Houston), International Centre for Dispute Resolution (ICDR)

Advisory Board, University of Texas School of Law, Kay Bailey Hutchison Center for Energy, Law & Business

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

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 2010-11, Vice-Chair 2009-10, Counsel)

Member, Houston Bar Association Law & the Media Committee (Chair 2006)

Member, USCIB/ICC Young Arbitrator’s Forum

Member, United Way of Greater Houston, Young Leaders

  • Presenter, "International Dispute Resolution," International Oil & Gas Law, Contracts and Negotiations Conference,  , October 3, 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, May 24, 2018
  • Panelist, "Oil and Gas Commercial Disputes in Latin America," AIPN & ICDR Dispute Resolution in the International Energy Business, Mexico City, Mexico, November 9, 2017
  • Presenter, "Contemporary Issues in International Dispute Resolution," Texas State Bar’s 29th Annual International Law Institute, Houston, TX, February 24, 2017
  • Moderator, "Key Issues in International Dispute Resolution for 2017," Texas State Bar’s 29th Annual International Law Institute, Houston, TX, February 23, 2017
  • Panelist, "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
  • Moderator, "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
  • Arbitrator, Panelist, Willem C. Vis International Commercial Arbitration Moot and related events, Vienna, Austria, April 2012-2014
  • Panelist, "International Investment Law and Dispute Settlement," University of Pennsylvania Journal of International Law’s Symposium, “International Regulation of Investment in Rising Powers”, Philadelphia, PA, November 5, 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, São Paulo, Brazil, September 19, 2013
  • Moderator, "Unquenchable Thirst: The Outlook for Energy Disputes in Africa," American Society of International Law’s 107th Annual Meeting, Washington, D.C., April 4, 2013
  • Panelist, American Conference Institute’s 7th Houston FCPA Boot Camp, January 23, 2013
  • Adjunct Faculty, "International Commercial Arbitration," University of Texas School of Law, Austin, TX, Fall 2012-2013
  • Presenter, "Scenarios: Testing Your International Arbitration Clauses," Advanced Contract Risk Management for Oil and Gas program, Houston, TX, May 14, 2012
  • Panelist, "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
  • Guest Lecturer, "Dispute Resolution Planning to Protect Assets in Emerging Markets," SMU Dedman School of Law, Dallas, TX, October 2011
  • Adjunct Faculty, "Dispute Resolution Planning to Protect Assets in Emerging Markets," St. Gallen (Switzerland) University Executive Masters of International Business Law Program, Austin, TX, November 2007, November 2008, November 2010, November 2012
  • Panelist, "The Empires Strike Back: A New Era In Investor/State Arbitration," Houston Bar Association's International Law Section, Houston, TX, October 2010
  • Adjunct Faculty, "International Investor-State Arbitration," University of Texas School of Law, Austin, TX, Spring 2010-2014
  • Presenter, "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
  • Panelist, "Structuring a Career in International Law," Texas State Bar International Law Section's Student Outreach Program, Houston, TX, January 2009, February 2009
  • Presenter, "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
  • Guest Lecturer, "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
  • Panelist, "The Foreign Corrupt Practices Act: New Developments and Emerging Trends in FCPA Enforcement," Houston Bar Association International Law Section, Houston, TX, January 2008
  • Presenter, "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
  • New York
  • Texas
  • U.S. Court of Appeals for the 5th Circuit
  • U.S. Court of Appeals for the 7th Circuit
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas

Selected for inclusion as a "Leading Lawyer," Energy Litigation: Oil and Gas, Texas, Legal 500 US, 2018

Selected for inclusion in The Best Lawyers in America, Arbitration, 2018-2019; International Arbitration - Commercial 2019; Woodward/White, Inc.

Named to “Texas Super Lawyers,” International Law, Super Lawyers, Thomson Reuters, 2013-2018

Named to "Texas Rising Stars," International Law, Super Lawyers, Thomson Reuters, 2011-2013

Named a "Future Star," Benchmark Litigation, 2009

  • Author, 9th Circuit: Collective Claims by ERISA Plans Survive Motion to Compel Arbitration, Class Action Countermeasures, July 25, 2018
  • Author, New Law Brightens Forecast for International Arbitration in California, McGuireWoods Legal Insights, July 24, 2018
  • Author, New York and London Remain Hot Seats for International Arbitrations, McGuireWoods Legal Insights, May 15, 2018
  • Author, Energy and Finance Sectors Drive Growing International Arbitration Caseloads, McGuireWoods Legal Insights, April 10, 2018
  • Author, Energy and Finance Sectors Drive Growing International Arbitration Caseloads, McGuireWoods LLP White Paper, April 2018
  • 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
  • Author, "FCPA Prosecution: Lessons Learned from Deferred and Non-Prosecution Agreements", International Bribery: FCPA Update 2011, Thompson Reuters/Westlaw Expert Commentary Series, February 2011
  • Author of chapter, Inside the Minds: Emerging Applications for ADR, International ADR Developments: Innovative Approaches to Resolving New Types of Disputes, January 2010
  • Co-author, "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
  • Author, "Importance of Choice of Arbitral Seat", Institute for Transnational Arbitration’s News & Notes Newsletter, Fall 2008
  • Author, "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
  • Author, "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
  • Author, "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
  • Author, "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
  • Author, "Wind Power and Other Renewable Energy Projects", Rocky Mountain Mineral Law Foundation Journal, 2005
  • Author, "Civil False Claims & Qui Tam Actions Update", Page Keeton Civil Liability Conference, October 2004
  • Author, "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
  • Author, "The Commerce Clause as Shelter for Discrimination", SMU Journal of Air Law & Commerce, Fall 2002
  • Author, "When is an Expert's Departure From Instructions Deemed to be Material", Stockholm Arbitration Report, 2002
  • Author, "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
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