Richard D. Deutsch. Partner 600 Travis Suite 4200 Houston, TX P: F:
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- Garey Bailey
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1 Partner 600 Travis Suite 4200 Houston, TX P: F: Rich is a litigation partner who focuses his practice on both commercial litigation and international arbitration. Rich has represented clients in international arbitrations under various institution rules, including the International Centre for Dispute Resolution (ICDR), International Chamber of Commerce (ICC), International Centre for the Settlement of Investment Disputes (ICSID & Additional Facility), Singapore International Arbitration Centre (SIAC), the Cairo Regional International Arbitration Centre, and ad-hoc arbitrations under the UNCITRAL Rules, and matters pursuant to free trade agreements and national arbitration legislation, including Australia and Nigeria. Rich is a Fellow at the Chartered Institute of Arbitrators and has been appointed as an arbitrator in international disputes. He also structures and negotiates international dispute resolution clauses and arbitration agreements, advises on choice of law and choice of forum questions, and drafts and negotiates waivers of sovereign immunity and other matters critical to ensuring the enforceability of contractual rights in international transactions. Rich is an adjunct professor at the University of Texas School of Law where he teaches International Commercial Arbitration and International Investor-State Arbitration. He is on the adjunct faculty for the St. Gallen (Switzerland) Executive Master of International Business Law Program. Rich has authored several published articles on international arbitration-related topics and often gives presentations on the topic. He is on the Advisory Committee for the ICDR (Houston), the Steering Group of the ABA's International Arbitration Committee, is on the Advisory Board of the Institute for Transnational Arbitration, is a member of the American Society of International Law (Dispute Resolution, International Courts and Tribunals), is on the Advisory Board of the University of Texas Kay Bailey Hutchison Center for Energy, Law & Business, and is president of the Houston International Arbitration Club. Rich was recognized as a Super Lawyer in international law by Texas Monthly Magazine ( ). In the area of commercial litigation, Rich has represented clients in both federal and state court. He has defended corporations, officers and/or directors in securities litigation. His most recent experience includes defending U.S. and Canadian energy companies in securities matters filed in state and federal court, defending a multi-national bank in class action consumer claims and general commercial disputes, and representing a multi-national energy company in federal court. He was recognized as a Future Star in litigation by Benchmark Litigation in its survey of America's Leading Litigation Firms and Attorneys (2009). INDUSTRIES Construction Energy Energy Services Natural Gas Oil and Gas State Regulatory PRACTICES Anti-Corruption and the Foreign Corrupt Practices Act (FCPA) Arbitration/Mediation Banking/Finance Litigation Central Asia/China Commercial Litigation Corporate Energy Energy Disputes and Litigation International International Arbitration Latin America/Caribbean Litigation and Dispute Resolution Middle East Oil and Gas Disputes Securities and Shareholder Litigation White Collar and Regulatory Enforcement EDUCATION JD, 2002, Southern Methodist University Dedman School of Law, SMU Law Review, Managing Editor ( ) BA, 1992, Journalism, University of Texas
2 Rich has advised companies in matters related to corporate investigations, including compliance with the FCPA, in Nigeria, Mexico, China, Iraq and Libya. Rich has assisted in the representation of an energy services company regarding an SEC and DOJ investigation into transactions implicating the FCPA. He has also assisted in the representation of an oil company regarding an investigation by the U.S. Commodity Futures Trading Commission. Rich recently co-authored an article on recent trends in FCPA prosecutions and has made presentations on the FCPA. He was an intern for the Honorable Judge George P. Kazen in the U.S. District Court for the Southern District of Texas and the Honorable Judge A. Joe Fish in the U.S. District Court for the Northern District of Texas. Rich was Managing Editor of the Southern Methodist University Law Review during A former sportswriter, Rich wrote extensively for Sports Illustrated, The Washington Post, The Miami Herald, The Austin American-Statesman, The Houston Post and Texas Monthly Magazine. REPRESENTATIVE EXPERIENCE His most recent experience includes: Richard was part of the team of Andrews Kurth lawyers that drafted an open letter to Secretary of State John Kerry encouraging the State Department to declare that a genocide is taking place against Christians in Iraq. The open letter received significant media coverage and was part of a larger, successful campaign that resulted in only the second official declaration of an ongoing genocide in United States history. 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 ICDR Rules arbitration over the costs of a multi-billion dollar offshore production facility in the Gulf of Mexico. Represented a U.S. investor in an ICC Rules arbitration with an Asian financial institution. Counseled foreign investors in SIAC Rules arbitration concerning an automobile distribution agreement. Represented an independent exploration and production company in a potential ICC Rules arbitration involving a drilling contract for a semi-submersible rig offshore Brazil. Advised a U.S. energy company and an international supply company with compliance issues for investments in the Dominican Republic and Venezuela, respectively. BA, 1989, English, University of Texas ADMISSIONS Texas 2002 US Court of Appeals for the Fifth Circuit US Court of Appeals for the Seventh Circuit US District Court for the Southern District of Texas US District Court for the Northern District of Texas US District Court for the Western District of Texas LANGUAGES Spanish INSIGHTS Arbitrator s Manifest Disregard of the Law is No Basis for Vacating Arbitration Award So Rules the Supreme Court of Texas (June 2, 2016) "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)
3 "FCPA Prosecution: Lessons Learned from Deferred and Non-Prosecution Agreements" International Bribery: FCPA Update 2011, Thompson Reuters/Westlaw Expert Commentary Series (February 2011) "Inside the Minds: Emerging Applications for ADR," author of chapter: "International ADR Developments: Innovative Approaches to Resolving New Types of Disputes" (January 2010) "FCPA Prosecution: Lessons Learned From Deferred and Non-Prosecution Agreements," (co-author) White-Collar Crime Andrews Litigation Reporter (August 2009) "Protecting Energy Projects From Political Risk by Treaty Planning: Pitfalls & Guidelines," (co-author) American Bar Association Energy Law Journal (Winter 2009) 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, Vol. 5, Issue 2 (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, Vol. 4, Issue 6, November 2007 (Fall 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, Vol. 4, Issue 3 (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) PROFESSIONAL RECOGNITION Texas Super Lawyer in International Law, Texas Monthly ( ) Texas Rising Star, International Law, Texas Monthly ( ) Future Star, Benchmark Litigation (2009) BRIEFINGS, SEMINARS & SPEECHES New Trends in Oil and Gas Investment Arbitration and Lessons Learned from Recent Decisions, Panelist, International Law Institute and University of Houston School of Law s Second Houston Annual Conference, Oil and Gas Investment Arbitration 2015 Houston, Texas (October 30, 2015) International Energy Dispute Resolution, Moderator, International Law Section of the Texas State Bar, Annual Institute, Hot Topics in International Energy. Houston, Texas (March 4, 2015) Drafting Dispute Resolution Clauses: Practices and Trends, Moderator, International Centre for Dispute Resolution Miami International Arbitration Conference, International Dispute Resolution in the Americas. Coral Gables, Florida (January 28, 2015) The Special Relationship: Why English Law is Still One of Your Best Friends in International Disputes (January 27, 2015)
4 International Investment Law and Dispute Settlement, Panelist, University of Pennsylvania Journal of International Law s Symposium, International Regulation of Investment in Rising Powers. Philadelphia, Pennsylvania (November 5, 2013) Willem C. Vis International Commercial Arbitration Moot and related events, Arbitrator, Panelist, Vienna, Austria (April ) The Final Curtain: Post Hearing Submissions, Deliberations and Enforcement, Panelist, 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) Unquenchable Thirst: The Outlook for Energy Disputes in Africa, Moderator for panel discussion at American Society of International Law s 107th Annual Meeting, Washington, D.C. (April 4, 2013) American Conference Institute s 7th Houston FCPA Boot Camp, Panelist for presentation on the most costly FCPA cases of 2012 (January 23, 2013) EUCI presents International Contracts for Oil and Gas (January 17, 2013) "The Final Curtain: Post-Hearing Submissions, Deliberations and Enforcement," Panelist, 24th Annual Institute for Transnational Arbitration Workshop, Dallas, Texas (June 21, 2012) "Scenarios: Testing Your International Arbitration Clauses," presenter at Advanced Contract Risk Management for Oil and Gas program, Houston, Texas (May 14, 2012) "Appointment of Arbitrators: Should Arbitrators Be Appointed By The Parties?," Panelist, Institute for Transnational Arbitration, 1st Annual Winter Roundtable on the Fundamentals of International Arbitration, San Francisco, California (February 2012) "A Mock Arbitration Involving International Investment Claims Arising from the U.S. Financial Crisis," presenter at the ABA International Law Section Fall Meeting, Dublin, Ireland (October 2011) "Dispute Resolution Planning to Protect Assets in Emerging Markets," guest lecturer at SMU Dedman School of Law, Dallas, Texas (October 2011) "The Empires Strike Back: A New Era In Investor/State Arbitration?" Panelist for presentation to Houston Bar Association's International Law Section, Houston, Texas (October 2010) "Dispute Resolution Planning to Protect Assets in Emerging Markets," adjunct faculty, St. Gallen (Switzerland) University Executive Masters of International Business Law Program, Austin, TX (November 2007, November 2008, November 2010, November 2012) "International Investor-State Arbitration," adjunct professor of law at the University of Texas School of Law, Austin, TX (Spring ) International Commercial Arbitration, adjunct professor of law at the University of Texas School of Law, Austin, TX (Fall ) "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) "Structuring a Career in International Law," panelist at Texas State Bar International Law Section's Student Outreach Program (January 2009, February 2009) "The Role of In-House Counsel in International Arbitration," presented to Houston Bar Association International Law Section, Houston, TX (January 2009) "Managing Risks in Corporate Investigations - Overview of 2008 and Preview of 2009," Andrews Kurth Panel Discussion, Houston, TX (January 2009) Investment Treaty Arbitration, guest lecturer at The University of Texas School of Law, Austin, TX (November 2006, March 2008) "The Practice of International Law," guest lecturer at The University of Texas School of Law, Austin, TX (May 2008)
5 The Foreign Corrupt Practices Act: New Developments and Emerging Trends in FCPA Enforcement, panelist at presentation to Houston Bar Association International Law Section, Houston, TX (January 2008) How to Protect Investments Abroad, BIT by BIT, presentations for 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) Structuring Foreign Investments for Investment Treaty Protection, presented to International Law Section of Houston Bar Association, Houston, TX (April 2007) "Wind Power and Other Renewable Energy Projects," presented at Rocky Mountain Mineral Law Foundation's Institute on Natural Resources Development in Indian Country, Albuquerque, New Mexico (October 2005) AFFILIATIONS Chartered Institute of Arbitrators (Fellow) Texas Bar Foundation (Fellow) American Society of International Law (Dispute Resolution, International Courts and Tribunals) Bar Association of the Fifth Federal Circuit American Bar Association, Section of International Law, International Arbitration Committee (Steering Group & Vice-Chair) American Bar Association, Construction Law Section Institute for Transnational Arbitration (Advisory Board) Houston International Arbitration Club (President) University of Texas School of Law, Kay Bailey Hutchison Center for Energy, Law & Business (Advisory Board) International Centre for Dispute Resolution (Houston Advisory Committee) Houston Bar Association International Law Section (Chair , Vice-Chair , Counsel) Houston Bar Association Law & the Media Committee (Chair 2006) USCIB/ICC Young Arbitrator s Forum Texas State Bar - International Law Section Houston World Affairs Council United Way of Greater Houston, Young Leaders IN THE NEWS Featured in "Q&A With Andrews Kurth's Richard Deutsch," Law360 (April 25, 2016) Tobacco Wars go Global," The American Lawyer International (November 21, 2014) Quoted in "San Francisco: Three Debates on Three Hot Topics," (featured panelist) Global Arbitration Review (February 2012) NEWS 37 Andrews Kurth Lawyers Named in Texas Super Lawyers 2015 (September 8, 2015) 38 Andrews Kurth Lawyers Named in Texas Super Lawyers 2014 (September 5, 2014) 41 Andrews Kurth Lawyers Named in Texas Super Lawyers 2013 (September 9, 2013) Andrews Kurth Lawyers Recognized as 2013 Texas Rising Stars (March 8, 2013) Andrews Kurth Partner Honored by Texas Bar Foundation (January 7, 2013) Andrews Kurth Lawyers Recognized as 2012 Texas Rising Stars (March 9, 2012) Andrews Kurth Elects Eight New Partners for 2012 (November 28, 2011)
6 Andrews Kurth Lawyers Recognized as 2011 Texas Rising Stars (March 17, 2011) Andrews Kurth s Richard Deutsch Named UT Co-Adjunct Professor (December 23, 2009)
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