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David Pinsky is a partner in the firm’s international arbitration and litigation practice groups. He is a member of Covington’s Management Committee.
Mr. Pinsky’s arbitration practice includes investor-state and commercial disputes, often arising in Russia and Eastern Europe and in the energy sector. Mr. Pinsky has handled administered proceedings under the ICC, SCC, LCIA, ICDR, and AAA Rules, as well as ad hoc proceedings under the UNCITRAL Rules. Most recently, Mr. Pinsky led a Covington team that won a favorable award on jurisdiction and liability on behalf of Ukraine’s state-owned oil and gas company, Naftogaz, in an investment treaty arbitration against the Russian Federation arising from Russia’s expropriation of Naftogaz’s assets in Crimea.
In U.S. litigation, Mr. Pinsky’s practice focuses on international law issues, including litigation in support of arbitration, and complex contractual disputes.
Mr. Pinsky also maintains an active pro bono practice, representing journalists and other media professionals who seek asylum in the United States. An émigré himself, Mr. Pinsky has won asylum and other forms of immigration relief for clients from Uzbekistan, Iran, and Afghanistan.
Arbitration
- Counsel for Ukraine’s state-owned oil and gas company, Naftogaz, in an investment treaty arbitration against the Russian Federation arising from Russia’s expropriation of Naftogaz’s assets in Crimea.
- Representation of investors in the Yukos Oil Company in an SCC arbitration against the Russian Federation arising from Russia’s expropriation of the company.
- Counsel for a multinational mining company in an ICC arbitration arising from a customer’s breach of a long-term supply contract.
- Representation of a leading U.S. energy company in a commercial arbitration arising from Russia sanctions risk.
- Secured a favorable settlement post-hearing for a multinational oil company in an ICDR arbitration arising from a shipping agreement for crude oil.
- Representation of a public entity in an ad hoc arbitration seeking insurance coverage for property damage and other loss arising from Superstorm Sandy.
- Counsel for a major U.S. oil refinery in an ad hoc commercial arbitration against a property insurer, seeking coverage for an $82-million loss.
- Representation of a New York hedge fund in the successful defense of an AAA arbitration against an investment research firm.
- Secured a favorable settlement in advance of AAA arbitration for a major media company in a dispute with a contractual partner over web development fees.
Litigation
- Representation of Ukraine’s state-owned oil and gas company, Naftogaz, in U.S. discovery proceedings in support of efforts to collect a $2.56 billion arbitral award against Gazprom.
- Counsel for a Hasidic Jewish community in federal-court proceedings to confirm an arbitral award arising from a trademark dispute.
- Secured a favorable settlement post-trial for the National Football League in a contract dispute with Comcast Cable Communications concerning carriage of the NFL Network.
- Representation of the National Football League in insurance coverage litigation arising from lawsuits filed by former NFL players for injuries associated with the long-term effects of concussive and sub-concussive injuries.
- Representation of BP Exploration & Production Inc. and member of trial team in civil litigation arising from the Deepwater Horizon incident.
Pro Bono
- Successful representation of journalists and media professionals from Uzbekistan, Iran, and Afghanistan in applications for asylum to the U.S. Citizenship and Immigration Services and before the Executive Office for Immigration Review.
- On behalf of a U.S. nonprofit organization, drafted a report regarding access to counsel for non-citizens in removal proceedings.
- Advised the Brennan Center for Justice at the NYU School of Law on the right to counsel in civil cases under the laws of the republics of Georgia and Armenia.
Previous Experience
- U.S. State Department-sponsored fellow in Moscow; studied press freedom issues in Russia.
June 14, 2019
LONDON—The American Lawyer and Legal Week have named Covington its Transatlantic Arbitration Team of the Year. The award focuses on a single case that involved significant lawyering on both sides of the Atlantic and that demonstrated excellence in legal expertise and innovation, project management skills, and teamwork. The publications recognized Covington for ...
May 10, 2019, The Law Society Gazette
Investment treaties are agreements between states on the treatment of foreign investment. Many investment treaties, as well as investment chapters of trade agreements, allow foreign investors to bring claims against a host state in international arbitration for violations of the host state’s treaty obligations vis-à-vis that investor and its investments in the ...
May 1, 2019, New York Law Journal
David Pinsky and Alan Vinegrad represented the Bobov community.
April 23, 2019, Commercial Dispute Resolution
Commercial Dispute Resolution mentioned Covington as legal counsel to Naftogaz, Ukraine’s state-owned oil and gas company, advising the company in its victory over the Russian government that illegally expropriated the oil company’s assets in Crimea. David Pinsky described it as “an important day” for the oil company, explaining: “Russia targeted Naftogaz’s ...
March 1, 2019
WASHINGTON—Covington secured a major victory on behalf of Ukraine’s state-owned oil and gas company, NJSC Naftogaz of Ukraine, in an international arbitration against the Russian Federation. A tribunal sitting at the Permanent Court of Arbitration, in The Hague, concluded that Russia unlawfully expropriated Naftogaz’s assets in Crimea, in violation of Russia’s ...
Recalcitrant Parties: Balancing Legitimacy and Due Process
October 25, 2018, Ministry of Finance of the Czech Republic’s 8th Investment Treaty Arbitration Conference, Prague
Big Suits, Naftogaz v. Russia
March 1, 2017, The American Lawyer
The American Lawyer features in its "Big Suits" series Covington's representation of NJSC Naftogaz of Ukraine in an investment arbitration against Russia.
Litigation Powerhouse: Covington & Burling
August 12, 2016, Law360
Law360 highlights Covington's representation of Ukrainian state-owned oil and gas firm NJSC Naftogaz, in an arbitration against the Russian government over assets seized in Crimea. Mr. Pinsky leads the team mentioned by Law360 in its Litigation Powerhouse series.
David Pinsky Named Law360 'Rising Star'
April 21, 2016
New York — Law360 has named Covington international arbitration partner David Pinsky a “Rising Star.” This annual recognition honors top attorneys under the age of 40 “whose legal accomplishments belie their age.” Law360 recognized how Mr. Pinsky, who leads Covington’s arbitration group’s Russia and Eurasia initiative, helped develop the firm’s Russia-focused ...
Arbitrating with States and State-Owned Enterprises
April 8, 2016, NYIAC and ICDR Y&I, New York
Ukraine's Gas Co. Threatens Arbitration Against Russia
February 18, 2016, Law360
Law360 highlighted David Pinsky's representation of Naftogaz in a dispute with the Russian government over the unlawful seizure of Naftogaz’s investments in Crimea.
Investor-State Disputes and Structuring Investments with a View to Benefitting from Investment Treaty Protection
London, 2/26/15, C5’s 4th Annual Conference on International Dispute Resolution Involving Russian and CIS Parties
Developments in U.S. and EU Sanctions Against Russia and the Occupied Crimea Region of Ukraine
December 24, 2014, Covington E-Alert
December 17, 2014, Covington E-Alert
October 27, 2014
WASHINGTON, DC, October 27, 2014 —U.S. District Judge Analisa Torres recently granted summary judgment to Acorda Therapeutics in a nearly three-year-old antitrust and false advertising lawsuit brought by Apotex. Covington & Burling represented Acorda. Apotex alleged that Acorda Therapeutics had engaged in anticompetitive conduct to delay entry of Apotex’s ...
Making CIS-Related Disputes ‘Stick’ in Non-CIS Courts: Addressing Personal Jurisdiction and Forum Non Conveniens
September 19, 2014, ABA’s 2014 Moscow Dispute Resolution Conference
9/11/2014
WASHINGTON, DC, September 11, 2014 — The Stockholm District Court today dismissed the Russian Federation’s jurisdictional challenge to a previous arbitration ruling that ordered Russia to compensate a group of Spanish investors for the losses they suffered when the government expropriated the Yukos Oil Company, one of the largest oil and gas companies in the ...
August 4, 2014, Law360
Marney Cheek, Jonathan Gimblett and David Pinsky have authored this article on Russia's threats to retaliate against U.S. and European companies in response to new sanctions imposed by the United States and the European Union: "Russian lawmakers’ recent threats to retaliate against U.S. and European companies in response to new sanctions imposed by the United ...
C. Giorgetti - Editor) (July 2014, chapter in Litigating International Investment Disputes: A Practitioner’s Guide
March 21, 2014, Covington E-Alert
United States and European Union Impose Additional Sanctions in Response to the Crisis in Ukraine
March 18, 2014, Covington E-Alert
March 6, 2014, Covington E-Alert
Covington Promotes Nine Lawyers to Partnership
October 1, 2013
WASHINGTON, DC, October 1, 2013 — Covington & Burling is pleased to announce that it has elected nine lawyers to its partnership effective today. “We’re delighted to welcome these nine lawyers to our partnership,” said Timothy Hester, chair of Covington’s management committee. “They are all excellent lawyers who will bring great value and service to our ...
Covington Wins Major Victory for Spanish Funds in Claim Against Russia Over Nationalization of Yukos Oil
July 26, 2012
WASHINGTON, DC, July 26, 2012 — An international tribunal ordered the Russian government to compensate a group of Spanish investors for the losses they suffered when Russia seized the Yukos Oil Company, one of the largest oil and gas companies in the world. The Spanish investors sought compensation under the bilateral investment treaty between Spain and the ...
- Law360, International Arbitration "Rising Star" (2016)
- Legal 500 US, International Arbitration (2017, 2014)