Berglind Halldórsdóttir Birkland

Litigation and Arbitration

Berglind has played a key role in a dozen different arbitral hearings, including first- and second-chairing direct examinations, cross-examinations and re-direct examinations, and making opening and closing arguments. She works closely with fact and expert witnesses, including C-suite executives, coaching them for direct testimony and preparing them to withstand scathing cross-examination. Berglind has written countless legal briefs, procedural applications and motions, and has led large document collections, reviews and productions.

She has extensive experience managing large teams of attorneys and staff while collaborating effectively with local counsel across jurisdictions. Berglind is committed to fostering inclusive teams, and training and developing associates at all levels, and has been repeatedly recognized for her ability to boost morale during high-pressure periods. At the conclusion of one particularly challenging case, a senior in-house counsel described her role as the team’s “secret weapon.”

Representative Experience

• Defended the Republic of Iraq against claims in an arbitration before the International Centre for Settlement of Investment Disputes (ICSID) under the France-Iraq Bilateral Investment Treaty arising out of a dispute in the telecommunications sector.
• Defended the Republic of Iraq against claims in an ICSID arbitration under the Kuwait-Iraq Bilateral Investment Treaty arising out of a dispute in the telecommunications sector.
• Represented an Australian mining company in its US$6 billion ICSID arbitration win under the Australia-Pakistan Bilateral Investment Treaty.
• Represented an American investment manager in its $100 million win in an arbitration brought under the U.S.-Peru Trade Promotion Agreement relating to an investment in Peru’s agrarian reform bonds.
• Represented a publicly listed sporting goods company in a dispute arising out of a distribution agreement, winning complete dismissal of more than €30 million in claims and an award of attorney’s fees.
• Represented an Australian mining company in an International Chamber of Commerce (ICC) arbitration against the provincial government of a South Asian country and in proceedings before the courts of England challenging an interim award issued by the tribunal.
• Represented a Chilean mining company in proceedings under the Administrative Procedure Act before the U.S. District Court for the District of Columbia.
• Represented an American pharmaceutical company in a dispute with an Italian distributor in a dispute arising from a contract governed by Dutch law. The case settled to the client’s satisfaction on the eve of hearing.
• Represented the founder of one of Brazil’s leading retail businesses in three ICC arbitrations governed by Brazilian law and seated in São Paulo. The dispute ended with a widely reported settlement favorable to the client, which was awarded the Deal of the Year Award – Disputes by Latin Lawyer.
• Represented a major UK investment fund in an ICC arbitration seated in São Paulo regarding an investment in a restructured Brazilian consumer products business. The underlying contracts were governed by Bermuda law, but the case involved complex issues of Brazilian and New York law. Ultimately, the tribunal issued an award dismissing all claims and awarding 98 million Brazilian reais on the client’s counterclaims and an award of attorney’s fees.

Faculty Positions

Berglind currently serves as an adjunct professor at the University of Minnesota Law School. In the fall semester she co-teaches “International Commercial Arbitration” and in the spring she co-teaches “International Refugee and Asylum Law.”

Berglind has also guest-lectured at her alma mater, NYU Law School, and served as a faculty member for the “International Arbitration Skills Masterclass,” organized by the ABA’s International Law Section, and the “Cross-Examination Moot,” hosted by Sciences Po Law School in Paris, France.

Personal Interests

Berglind is a native of Iceland. She misses the Icelandic mountains, waterfalls and hot springs, but has fallen in love with Minnesota’s lush green summers and snowy winters, and delights in how much the North Shore of Lake Superior resembles the rocky beaches of her childhood.  Berglind lives in Saint Paul, where she and her husband and their three children seek to build community with neighbors, friends, and friends of friends by sharing delicious food, live music and meaningful conversation.