David Wallach

• Achieved multi-billion dollar victory for international energy company in international arbitration and related U.S. litigation, defeating dozens of contractor claims arising in connection with construction of an LNG facility in Australia.
• Successfully defended an international energy company from hundreds of millions of dollars in contractor claims in an international arbitration arising from construction of a network of subsea pipelines in Nigeria for the harvesting and transportation of natural gas.
• Represented major oil and gas company in an UNCITRAL arbitration against its joint venture partner for wrongfully diverting revenue from the parties' LNG business to an affiliate performing services for the joint venture.
• Represented a Saudi Arabian company in an LCIA arbitration brought by its U.S. partner in a Saudi joint venture.
• Successfully advised a major German engineering conglomerate in defeating an emergency application under the ICC Rules seeking to halt the construction of a $4.5 billion hydroelectric plant in West Africa and to transfer management of the project to a company led by the daughter of the country's former president.
• Successfully defended a consortium of international energy companies from in international arbitration involving claims by a contractor arising from the construction of an LNG facility in west Africa.
• Successfully represented Chevron Corporation in a class action lawsuit originally brought by 65,000 Nigerians seeking $5 billion on the claim that a natural gas well blowout six miles offshore caused widespread health and fishing impacts to an area roughly the size of New Jersey.
• Represented Unocal Corporation ("Unocal") (now a subsidiary of Chevron Corporation) in a Ninth Circuit appeal from an adverse ruling in a case involving the Foreign Sovereign Immunities Act ("FSIA").
• Successfully represented Firestone Natural Rubber Company in Seventh Circuit appeal of summary judgment in widely publicized case under Alien Tort Statute.
• Successfully represented TAP Pharmaceutical Products Inc. (now known as Takeda Pharmaceuticals North America, Inc.) before the U.S. Supreme Court in dispute under 340B Drug Pricing Program.
• Represented Chevron Corporation in discovery against former opposing counsel in long-running litigation in Ecuador and BIT Arbitration against Republic of Ecuador in contentious litigation in Ecuador in which the plaintiffs have alleged billions of dollars in damages.
• Successfully represented Chevron Corporation in highly publicized Alien Tort Statute case, resulting in a defense verdict on all counts.

David Wallach has more than 20 years of experience representing clients in international arbitration and litigation. His practice is focused on high-value, complex construction and commercial disputes. David has worked in a broad array of industries, including oil and gas, green energy, electric vehicle manufacturing, agriculture, retail, and pharmaceuticals. David has handled matters arising from projects in Asia, Australia, Africa, the Middle East, and Latin America.

David is skilled in all phases of arbitration and litigation and has extensive experience working with local experts and counsel in cross-border disputes to navigate difficult issues of foreign law and procedure. David is also experienced in seeking and opposing discovery in the United States under 28 U.S.C. § 1782 for use in foreign litigation and international arbitration.

David is a member of the International Law Section of the San Francisco Bar Association, the ABA Construction Law Forum, and a frequent author on international law issues.

Publications

• “Arbitration of International Disputes,” The Alternative Dispute Resolution Practice Guide, Thomson/West (forthcoming)
• “The Emergence of Early Disposition Procedures in International Arbitration,” Arbitration International (2021)
• “The Alien Tort Statute” International Aspects of U.S. Litigation: A Practitioner’s Deskbook, ABA (2017)
• “The Irrationality of Universal Civil Jurisdiction,” Georgetown Journal of International Law (2015)
• “The Alien Tort Statute and the Limits of Individual Accountability in International Law,” Stanford Journal of International Law (2010)