Jay’s practice focuses on international arbitration and commercial litigation.

Jay’s experience in international arbitration includes representation of clients in investment and commercial arbitrations administered by the International Centre for Settlement of Investment Disputes (ICSID), the London Court of International Arbitration (LCIA), and the International Chamber of Commerce (ICC) Court of International Arbitration, including full evidentiary hearings at the ICC in Paris and ICSID in London. In the United States, Jay has represented clients in arbitrations administered by the American Arbitration Association (AAA) and J.A.M.S., as well as ad hoc arbitrations conducted under AAA rules.

In addition to arbitration, Jay has significant trial experience in state and federal courts across the United States and before administrative agencies. He has tried more than 20 cases in state and federal courts, including more than a half dozen jury trials. Jay has more than 60 reported decisions on behalf of firm clients.

Jay has represented clients in disputes involving Oil and Gas contracts, Sale and Purchase Agreements, Power Purchase Agreements, Engineering, Procurement and Construction contracts, Stock Subscription Agreements, Hotel Management Agreements, License and Royalty Agreements, Commercial Leases, Warranties, Real Estate Transactions, Covenants Not to Compete, and Business Torts. Jay has prosecuted cases against US government agencies under the Freedom of Information Act and under the Administrative Procedure Act.

Relevant Experience

  • Lead counsel for the United Republic of Tanzania in an ICSID investment arbitration filed under the United Kingdom-Tanzania Bilateral Investment Treaty alleging (i) expropriation, (ii) discrimination (denial of fair and equal treatment), and (iii) denial of justice.
  • Lead or co-counsel in 4 other ICSID arbitrations, including successfully representing TANESCO, the electric utility of the United Republic of Tanzania, in reducing the cost of a disputed power plant by more than $36 million, cutting the monthly capacity charge for electricity by almost 25%.
  • Selected for panel of approved investment arbitration counsel by Eastern European State.
  • Lead counsel in an ICC arbitration in London involving Joint Operating Agreements and preemptive rights related to hydrocarbon concessions in the Republic of Colombia.
  • Advising investors concerning Bilateral Investment Treaties, including with respect to proper structuring of investments acquired through mergers and acquisitions to maintain investment protections.
  • Lead counsel in an LCIA arbitration in London on behalf of an international private equity fund respecting its investment in an Algerian telecom company to successfully enforce a stock purchase and sale agreement involving over $200 million.
  • Lead counsel in 4 ICC arbitrations in Paris between 2000 and 2015 on behalf of a hotel development company located in Beirut, Lebanon.
  • Lead counsel in an LCIA arbitration representing a syndicate of private equity funds respecting their investment in a Nigerian commercial bank involving more than $70 million.
  • Lead counsel in recognition and enforcement of ICSID arbitration award in U.S. District Court in Washington, DC.
  • Representations of sovereigns and their parastatal entities in US Federal Court litigation involving the Foreign Sovereign Immunities Act.
  • Lead counsel in an AAA construction arbitration concerning a commercial office building in Washington, DC.
  • Representation of an IPP in an ad hoc arbitration filed under AAA Rules in Washington, DC involving the Power Purchase Agreement for a 700MW combined cycle electric generating facility.
  • Representation of an IPP in an ad hoc arbitration involving application and interpretation of the PJM Regional Transmission Organization forced outage and reserve shutdown rules.
  • Advising Lenders on arbitration of dispute involving multi-billion dollar LNG export facility in Houston, Texas.
  • Prosecution of claims under the Freedom of Information Act against the U.S. Environmental Protection Agency and US Patent and Trademark Office in US District Court and the US Court of Appeals for the Fourth Circuit.
  • Successful prosecution of claims under the Administrative Procedure Act and for mandamus against Director of the US Patent and Trademark Office.
  • Successful representations of numerous clients in commercial litigations in state and federal courts throughout the United States.

Memberships

  • Member, International Bar Association
  • Member, American Bar Association
  • Member, American Society of International Law
  • Member, Advisory Board, Institute for Transnational Arbitration
  • Chair, American Bar Association Infrastructure and Regulated Industries Section, ADR Committee
  • Member of the Advisory Committee for the American Bar Association Section of Dispute Resolution
  • Vice Chair, American Bar Association Section of Litigation Pretrial Practice and Discovery Committee, 1989-1991

Awards & Recognition

  • Selected as “Super Lawyer” by Washington DC Super Lawyers Magazine, 2013-2015. A description of the selection methodology can be found on Super Lawyers’ webpage.

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