FacultyFaculty/Author Profile

Mark N. Bravin

Winston & Strawn LLP
Partner
Washington, DC, USA


Mark Bravin is a partner in the firm’s Washington, D.C. office who focuses his practice on international dispute resolution and international trade.

Mr. Bravin’s clients include both private parties and sovereign governments appearing before U.S. courts or international arbitral tribunals. His experience also includes international regulatory compliance and enforcement matters involving customs, export controls, embargoes, and the Foreign Corrupt Practices Act.

Mr. Bravin’s representations include the government of Romania in an investment dispute under the Romania-Greece bilateral investment treaty, appearing before the World Bank’s International Center for the Settlement of Investment Disputes (ICSID). Romania is pursuing a novel counterclaim to recover the investor’s interest in a privatized company and has obtained a provisional measures decision blocking the investor’s assets pending the completion of the case. He also represents a European fund in a recently filed ICSID case against Bulgaria, seeking compensation for the loss of its investment in a company providing waste management services to the city of Sofia.

Mr. Bravin has represented the Swiss Confederation in a dispute over the ownership of a Van Gogh drawing. In addition, he has represented the State Property Fund of Ukraine in an action to determine whether a foreign arbitral award may be enforced under the New York Convention even when the parties and the arbitral dispute have no connection to the United States and the defendant has no property in the United States. He also succeeded in overturning—on grounds of foreign sovereign immunity—a $20 million judgment against the government of Ukraine in a maritime action in New Orleans.

At the Iran-U.S. Claims Tribunal in The Hague, Mr. Bravin has presented numerous arbitral claims on behalf of American claimants concerning expropriations of investments and contract disputes in the wake of the Iranian Revolution. One such claim, by McKesson Corporation, resulted in a 1984 arbitral award and a further dispute that has been actively litigated since that time. The case involves the jurisdiction of U.S. courts to decide a claim against an expropriating state arising under customary international law, a bilateral treaty with investment protection provisions, and the domestic law of the expropriating state; the act of state doctrine; and the availability of compound prejudgment interest and attorneys’ fee awards in U.S. cases arising under international and foreign law. In 2010, McKesson won a $44 million judgment, including compound prejudgment interest, and Iran has appealed. An earlier award of McKesson’s attorneys’ fees is pending before the U.S. Court of Appeals for the District of Columbia Circuit.

Mr. Bravin has also handled international arbitration matters concerning long-term supply contracts, oil field concessions, power projects, banking, engineering, shipping, distributorships and joint ventures, procurement and construction contracts, licensing agreements, and services agreements.


Honors and Awards

Mr. Bravin has been recognized by Chambers USA: America’s Leading Lawyers for Business (International Arbitration); Euromoney's Guide to the World’s Leading Experts in Commercial Arbitration; and Best of the Best (International Arbitration) by Legal Media Group.


Activities

Mr. Bravin is an adjunct professor at Georgetown Law School, where he co-teaches investor-state arbitration and has taught advanced international commercial arbitration, he also is on the Advisory Board of International Trade Law360.


Education

Mr. Bravin received a B.A. in systems analysis in 1973 from the University of California, Los Angeles. In 1978, he received a Master in Public Policy from Harvard University's Kennedy School of Government and a J.D. from Harvard Law School.

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