David Earnest is a senior associate in the International Arbitration practice.
He has broad experience in international commercial arbitration and investment treaty arbitration, where he has acted for and advised private clients and governments on disputes before the ICC, AAA/ICDR, LCIA, Cepani and ICSID, as well as ad hoc arbitrations under the UNCITRAL Arbitration Rules and the English Arbitration Act.
David represents clients across a variety of industries, including energy and natural resources, telecommunications and technology, construction and infrastructure, finance, maritime, beverages and pharmaceutical sectors.
International arbitrations on which David Earnest has worked include the representation of:
- An international joint venture as Respondent and Counterclaimant in an ICDR arbitration in New York initiated by a North Asian company. The dispute arose from an agreement for the construction of a chemical plant in North America. Issues included delay and defective works. New York law applied.
- A leading mobile and data services operator and its Middle Eastern parent in three LCIA arbitrations in London initiated by a Dutch subsidiary of an Asian international telecom company arising out of the sale of a telecommunications network in Africa. The dispute centered on claims made under an indemnification provision in the Share Sale Agreement. English law applied.
- An Asian engineering and construction contractor as Claimant in an ICC arbitration in New York against a North American owner. The dispute arose from an agreement for the construction of a coal gasification facility in the United States. New York law applied.
Pace University School of Law
University College of London, Faculty of Laws
University of Arizona
Universidad De Belgrano
- New York
- District of Columbia
- Solicitor Advocate, England and Wales
- Member, American Society of International Law (ASIL)
- Member, London Court of International Arbitration (LCIA)
- Member, Silicon Valley Arbitration & Mediation Center (SVAMC)
- Member, Steering Committee, CPR Young Attorneys in Dispute Resolution (CPR Y-ADR)
- Member, Global Advisory Board, International Centre for Dispute Resolution Young & International (ICDR Y&I)
- Co-Chair, Steering Committee, Silicon Valley Arbitration & Mediation Center – Young Practitioners (SVAMC-YP)
- “The Fate of Frivolous and Unmeritorious Claims,” in Arbitration under International Investment Agreements: A Guide to the Key Issues 142 (K. Yannaca-Small ed., OUP, 2nd ed. 2018) (co-author)
- “The Duty of Arbitrators to Delimitate Between Jurisdiction and Admissibility in Investor-State Arbitration,” 17(1) The Law and Practice of International Courts and Tribunals 135 (2018)
- “The Trump Administration’s Current Policy on Investor State Dispute Settlement,” Investment Claims, April 24, 2017 (OUP)
- “A Common Right to Arbitrate: Anti-Suit Injunctions in New York and England,” New York Law Journal, July 18, 2016 (co-author)
- “How to sharpen the Sword of Efficiency in International Arbitration,” in Czech (& Central European) Yearbook Of Arbitration, Rights And Duties In Arbitration (A.J. Bělohlávek & N. Rozehnalová eds., 2016) (co-author)
- The Future of ICSID and the Place of Investment Treaties in International Law: Investment Treaty Law Current Issues IV (J. Calamita, D. Earnest, M. Burgstaller eds., British Institute of International Comparative Law, 2013) (co-editor)
- “Emerging Technology and Dispute Resolution: What Does the Future Hold?”, SVAMC-YP, Harvard Law School, Cambridge, Massachusetts (April 2018).
- “The State of International Arbitration in U.S. Courts in 2017,” Washington D.C. (March 2018)
- “So You Wanna Be an International Arbitrator,” ICC YAF, Washington D.C. (February 2018)
- “The Evolving Use of International Arbitration and Mediation for Disputes in the Technology Sector,” Stanford Law School, Palo Alto, California (November 2017)
- “How Outside Counsel can be Effective ‘Strategic Partners’ in Dispute Resolution,” CPR Y-ADR, Washington, D.C. (October 2017)
- “The Duties, Rights and Powers of International Arbitrators,” American University Washington College of Law, Washington, D.C. (September 2017)
- “Country Risk and Damages,” ICDR Young & International Seminar, Washington D.C. (June 2017)
- “International Dispute Resolution 2016 - Year in Review of Hot Topics,” CPR Y-ADR and NYIAC Seminar, New York (December 2016)
- “Y-ADR Mock Procedural Hearing under CPR Rules for Administered Arbitration of International Disputes,” Washington, D.C. (September 2016)
- “The Presentation and Use of Evidence in International Commercial Arbitration,” International Law Institute Program on International Commercial Arbitration, Washington, D.C. (June 2014)
- “Admissibility in Investment Arbitration: Two Steps Forward, One Step Back,” Centre for International Legal Studies Conference on International Trade in Legal Services, Warsaw (October 2012)
- “Jurisdiction and Admissibility in Investment Treaty Arbitration,” Africa International Legal Awareness (AILA) Training in Investment Treaty Law and Arbitration, London (September 2012)
- “Principles of Investment Treaty Protection and Arbitration,” European Bank of Reconstruction and Development, London (January 2011)
- “Arbitrations Involving States or State Entities,” Moderator, ICC YAF, London (May 2010)
- Prior to joining our team, David practiced at leading international law firms in London and Brussels. He also spent time on secondment to the London Court of International Arbitration (LCIA) as legal counsel.