Experience
ABOUT RAINBOW
For more than a decade, E. Rainbow Willard has worked on complex, international commercial and investment treaty arbitrations under all of the major international rules (ICC, UNCITRAL, ICSID, LCIA, SIAC, and others). Rainbow has particular expertise in energy, oil and gas, and mining disputes involving parties from Latin America, South Asia, Europe and the Middle East. Prior to forming her own practice, Rainbow was Counsel at leading international disputes boutique Chaffetz Lindsey in New York, and was a Senior Associate in the international arbitration group of Allen & Overy LLP, practicing in London and New York. At both firms, Rainbow led teams in significant international commercial disputes, and represented states and investors in cases governed by investment treaties or trade agreements. Rainbow has extensive oral and written advocacy experience in English and Spanish, and is equally comfortable as arbitrator and counsel in both languages.
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Rainbow also has substantial experience in cross-border and domestic criminal matters. She served as a Trial Attorney at the United States Department of Justice Office of International Affairs, the designated Central Authority under the United States’ bilateral mutual legal assistance and extradition treaties and multilateral criminal conventions, giving her a profound knowledge of cross-border criminal matters and insight into treaty interpretation issues from the perspective of a State party. In this role, Rainbow took the lead in international evidence sharing in complex criminal investigations, and regularly liaised with attorneys general offices in a variety of civil and common law jurisdictions. Rainbow previously served as an Assistant Federal Public Defender in the Southern District of Florida (Miami), where she appeared as lead defense counsel in more than 100 federal felony cases.
From 2012 to 2013, Rainbow clerked for the Honorable Kathleen M. Williams in the United States District Court for the Southern District of Florida (Miami).
Rainbow also served as Secretary to the Board of the New York International Arbitration Center, and as a Member of the Global Steering Committee for the Chartered Institute of Arbitrators’ Young Members Group.
RECOGNITION
“Rising Star”
Counsel Rainbow Willard is named as a rising star in recognition for her growing profile representing private entities and sovereigns in international commercial and investment treaty arbitrations, as well as in award enforcement proceedings in US federal courts.
— Legal 500 (2021).
“Up and Coming”
Rainbow Willard has developed a strong commercial international arbitration practice where she advises clients from the construction and energy fields. She is also recognized for her investor-state capabilities. Rainbow is a very sharp lawyer and team player with attention to detail - she gets to the core of the issues at dispute and uses common sense to devise appropriate strategies. Rainbow Willard is a very capable and smart lawyer.
— Chambers USA (2021).
BAR ADMISSIONS
New York | Washington, DC | Maryland
LANGUAGES
English (native) | Spanish (fluent) | Kaqchikel Maya (fluent) | French (basic proficiency)
NATIONALITY
United States
EDUCATION
Emory University School of Law Atlanta, GA, Juris Doctor, with high honors; Order of the Coif; Woodruff Fellow
University of California, Berkeley, Berkeley, CA, Master of Arts, Linguistics
Tulane University, Newcomb College, New Orleans, LA, Bachelor of Arts, cum laude, Anthropology and Linguistics
SELECTED PUBLICATIONS AND SPEAKING ENGAGEMENTS
The Rise of Environmental Counterclaims in Mining Arbitration, Global Arbitration Review’s Guide to Mining Arbitration (2021), co-author.
Guest Lecturer, Pretrial Practice in US Civil Procedure, May 12, 2020, IE Law School, Madrid, Spain.
Speaker, Updates on Corruption, Rapid-Fire Discussion: Regional Reports on the Global State of Affairs in International Arbitration, February 28, 2020, iLaw 2020 ILS Global Forum on International Law, Miami, FL.
Speaker, Diversity Challenge: Reinventing the Landscape for Young IA Practitioners, November 20, 2019, New York Arbitration Week.
The Canadian Model BIT – A Step in the Right Direction for Canadian Investment in Africa?, Kluwer Arbitration Blog, July 18, 2015, co-author.
REPRESENTATIVE MATTERS*
ICSID arbitration involving US$2 billion in claims by multinational energy company against a Latin American sovereign, alleging breaches of a bilateral investment treaty and investment law (English and Spanish).
ICC arbitration arising out of the construction of four conventional power plants in Latin America, with claims and counterclaims in excess of US$200 million.
Expedited ICC arbitration relating to construction delays at a Latin American power plant.
ICC construction arbitration involving a North American solar power plant in a dispute with claims in excess of US$1 billion.
PCA-administered UNCITRAL arbitration involving claims by a sustainable tuna fishing company against the Government of Ecuador (Spanish).
Represented a financial institution in two multi-party ICC arbitrations seated in Washington, D.C. and Buenos Aires, arising out of a put-option and several loan agreements – the dispute also involved seven related court proceedings in the U.S. and Latin America (Spanish).
Represented a Spanish contractor in a protracted, multi-party ad hoc international mediation relating to a large-scale construction project in North America.
Represented an oil and gas major and its Indian joint venture partner in commercial arbitration proceedings against the Government of India, in disputes governed by the UNCITRAL Rules and valued at over US$5 billion.
Represented a multilateral development bank in a SIAC arbitration relating to the sale of shares in a South Asian power plant.
Represented the Islamic Republic of Pakistan in two ICSID arbitrations arising out of bilateral investment treaties: one involved claims brought by a Turkish company arising from Pakistan’s power rental program with claims in excess of US$2 billion; the other involved claims brought by an Australian company relating to the Reko Diq copper and gold mining project.
Represented a Middle Eastern LNG producer in three New York law governed commercial arbitrations resulting from contract sales price reviews governed by the ICC and LCIA arbitrations.
Represented an investor in award enforcement proceedings against the Government of Belize in federal court in Washington, D.C., successfully obtaining enforcement of the award.
*Experience prior to forming Willard Arbitration, LLC