Michael P.Daly

Associate

Washington + 1.202.879.3470

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Michael Daly is a global dispute resolution lawyer with significant experience in international arbitrations and litigation. Michael's practice is focused on helping clients solve cross-border challenges, including numerous Fortune 500 companies. He has particular experience in matters relating to construction, energy, energy-transition, mining, and technology.

Michael has advised on arbitrations by every major international institution (AAA [American Arbitration Association], ICC [International Chamber of Commerce], ICSID [International Centre for Settlement of Investment Disputes], LCIA [London Court of International Arbitration], PCA [Permanent Court of Arbitration]) spanning all the leading arbitration hubs (London, New York, Geneva, Washington, DC). JURIS Legal Information published a book Michael coauthored entitled A Practical Guide to International Arbitration (2020, with a foreword by The Honorable Marc Lalonde). It has been referred to as "essential reading for all in-house counsel" by Lim Seok Hui (chief executive officer, Singapore International Arbitration Centre [SIAC]).

Michael has been ranked as a "Future Leader" by Who's Who Legal: Arbitration, where clients and peers have said he is a "brilliant practitioner" who "really knows what's going on in the field" for certain industries such as construction and energy. Prior to joining Jones Day, Michael served as a legal adviser at the Iran-United States Claims Tribunal in The Hague and with Charles N. Brower. He has taught International Business Transactions at George Washington University Law School and Georgetown University Law Center. He has also served as a member of the board of governors of the Washington Foreign Law Society.

Experience

  • Canadian mining company initiates UNCITRAL arbitration against KazakhstanJones Day represents a Canadian mining company in an UNCITRAL arbitration against the Republic of Kazakhstan.
  • Alhambra Resources obtains arbitration award against Republic of KazakhstanJones Day represented Alhambra Resources Ltd., a Canadian mining company in an arbitration against Kazakhstan under the auspices of the World Bank’s International Centre for Settlement of Investment Disputes (ICSID).
  • U.S. construction company arbitrates dispute with Panama for violation of applicable treaties between U.S. and PanamaJones Day represented a U.S. construction company in an international arbitration conducted under the Rules of the International Centre for the Settlement of Investment Disputes against the Republic of Panama.
  • Global engineering and aerospace company resolves ICC dispute with its engine supplierJones Day successfully settled a private arbitration before the International Chamber of Commerce ("ICC") on behalf of a global engineering and aerospace company.
  • The Kyrgyz Republic defends against recognition and enforcement of $16 million arbitral award in U.S. District CourtJones Day is representing the Kyrgyz Republic and its Ministry of Transport and Communications in an action in U.S. District Court for the District of Columbia to recognize and enforce a $16 million UNCITRAL Rules international arbitral award under the New York Convention.
  • Chevron prevails in international arbitration against Republic of EcuadorWith valuable assistance from Jones Day, Chevron Corporation obtained a unanimous award on the merits by an international arbitration tribunal against the Republic of Ecuador in a PCA arbitration under the U.S.-Ecuador bilateral investment treaty.
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    September 2022 Commentary

    Questions Remain as Supreme Court Restricts § 1782 Discovery in Private International Arbitrations

    JULY 2021 Alert

    Second Circuit Confirms 28 U.S.C. § 1782 Discovery for Investor-State Arbitration

    February 2021 Commentary

    Supreme Court: FSIA's Expropriation Exception Applies Only to Sovereign's Taking of Foreigner's Property

    Additional Publications

    • 2020
      A Practical Guide to International Arbitration (JURIS) (coauthored with Abby Cohen Smutny and Andrew de Lotbinière McDougall)

    Publications Prior to Jones Day

    2016
    A Study of Foreign Investment Law in Africa: Opportunity Awaits, ICCA Congress Series No. 19 (2016) (coauthored with Charles N. Brower)

    2015
    The EU-Vietnam Free Trade Agreement: What Does It All Mean? What Does It Forecast for the Future?, Kluwer Arbitration Blog (2015) (coauthored with Jawad Ahmad)

    "Lessons" Confirmed While Serving as Arbitrator and Counsel in Arbitrations Involving Africa, 30 Emory Int'l L. Rev. 101 (2015) (coauthored with Charles N. Brower & Sarah Melikian)

    TTIP & CETA vs. NAFTA: Reflections on Treaty Negotiations Under Public Scrutiny, 9 World Arbitration & Mediation Review 1 (2015)

    2014
    Tall and Small Tales of a Challenged Arbitrator, Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals (Brill/Nijhoff 2014) (coauthored with Charles N. Brower & Sarah Melikian)

    2010
    Twenty-Five Years of the "Prospective Waiver" Doctrine in International Dispute Resolution: Mitsubishi's Footnote 19 Comes to Life in the Eleventh Circuit, 64 U. Miami L. Rev. 1233 (2010) (coauthored with Joseph Brubaker)

    User's Perspectives on Challenges Facing the Institutions in a Changing World, 25 ICSID Rev. – Foreign Inv. L. J. 25 (2010) (coauthored with Carolyn Lamm, et al.)

    2007
    Come One, Come All: The New & Developing World of Nonsignatory and Class Arbitration, 65 U. Miami L. Rev. 95 (2007)

    Additional Speaking Engagements

    • March 25, 2019
      Society of Construction Law (Mid-Atlantic Region), International vs. Domestic Arbitration in the Construction Industry
    • March 6, 2019
      Barra Mexicana: Comisión de Arbitraje, Amendments to the ICSID Arbitration Rules
    • February 12, 2019
      American University, Washington College of Law, Recent Rule Changes and Legal Developments
    • November 28, 2018
      China Council for the Promotion of International Trade (Triway International Group), International Dispute Resolution: Enforcement of Arbitral Awards

    Speaking Engagements Prior to Jones Day

    June 22, 2018
    Center for American and International Law: Symposium on Global Markets, Reclaiming the Right to Regulate Foreign Investment
    Dallas, Texas

    March 1, 2018
    United States Council for International Business / International Chamber of Commerce, The State of International Arbitration in US Courts
    Washington, D.C.

    July 20, 2017
    American Society of International Law: Young Arbitrator Debate, Enforcement of Annulled Arbitral Awards
    Washington, D.C.

    March 27, 2017
    University of Pennsylvania Law School, Complexities of Diversity in International Arbitration and Ways to Reconcile Different Practices
    Philadelphia, Pennsylvania

    November 18, 2016
    Georgetown University, Faculty of Languages and Linguistics: Perspectives on Hager Scholars Program
    Washington, D.C.

    May 9, 2016
    International Council for Commercial Arbitration, The Future of Arbitration in Africa
    Port Louis, Mauritius

    April 12, 2016
    American Bar Association: International Law Section, Perspectives on International Law
    New York, New York

    February 27, 2016
    Georgetown University Law Center, Challenges to International Arbitrators: New Developments
    Washington, D.C.

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