Concentration

International disputes, arbitration and litigation

Summary

Jay Alexander is a partner with over twenty-five years’ experience in the resolution of international disputes. Mr. Alexander co-chairs Baker Botts’ International Arbitration and International Disputes Resolution Group. His practice focuses on international arbitration, including both commercial and public international law disputes.

Mr. Alexander has substantial experience as first-chair advocate and also sits as an arbitrator. He has acted in arbitrations conducted under the auspices of many arbitral institutes, including the ICC, ICDR, LCIA, ICSID, Permanent Court of Arbitration, Stockholm Chamber of Commerce and the Zurich Chamber of Commerce, as well as ad hoc and UNCITRAL Rules proceedings. These disputes arise in many industry sectors (including energy, finance, insurance, shipping, technology and manufacturing), frequently present public international law issues and multi-jurisdictional issues implicating the laws of more than one nation.

Mr. Alexander also litigates enforcement proceedings and defends the interests of foreign sovereigns in United States courts. He has helped parties resolve disputes arising in many jurisdictions, including Brazil, Canada, China, Ecuador, Egypt, England, Israel, Jordan, Kazakhstan, Mexico, Mongolia, the Netherlands, Norway, Panama, Russia, Singapore, South Korea, Sweden, Switzerland, Ukraine, the United Kingdom, the United States and Venezuela.

Mr. Alexander was a law clerk for present Supreme Court Justice Ruth Bader Ginsburg while she was serving on the United States Court of Appeals for the District of Columbia Circuit. He has served as a Deputy Judge of the International Court of Appeal of the Federation Internationale de l’Automobile. Mr. Alexander has taught trial advocacy for the National Institute for Trial Advocacy.

Representative Engagements

• Sovereign State-UNCITRAL arbitration under the Energy Charter Treaty regarding alleged expropriation and violations of other substantive provisions involving an amount in dispute alleged to exceed US$100 billion.
• LNG producer-disputes involving LNG re-export issues, diversion issues and supply issues
• English bunker fuels company-LCIA arbitration involving alleged breaches of services contract and charterparties.
• Sovereign state-Stockholm Chamber of Commerce (SCC) arbitration under a bilateral investment treaty regarding alleged expropriation
• Russian oil company-LCIA arbitration between Russian and Cypriot companies involving an amount in dispute exceeding US$700 million
• Asian telecommunications company-International Center for Dispute Resolution (ICDR) arbitration between Asian and North American companies involving alleged defective products and installation services with an amount in dispute of more than US$3.5 billion
• Bermuda investment fund-ICC arbitration between Bermuda and Malaysian companies involving alleged violations of Korean law with an amount in dispute exceeding US$700 million
• Russian oil company-Zurich Chamber of Commerce arbitration between Russian and Czech companies involving an alleged supply agreement, with amount in dispute exceeding US$5 billion
• European conglomerate-ad hoc proceedings arising out of post-closing purchase price and adjustments dispute
• English company-LCIA arbitration arising out of Black Sea bunkering and charter parter dispute
• U.S. corporation-arbitration before the International Centre for Settlement of Investment Disputes (ICSID) against the government of Mexico for violations of NAFTA
• Korean automotive company-ICC arbitration arising out of fraud, misappropriation, and other misconduct by joint venture partners, with an amount in dispute exceeding US$250 million
• BVI petrochemicals company-ICC arbitration arising out of breach of shareholder agreement in a Chinese joint venture
• Russian Oil Company-representation of interests of the Russian company in connection with the multibillion-dollar bankruptcy filing by Yukos Oil Company
• Korean company-Korean Commercial Arbitration Board arbitration between Korean and U.S. companies involving a dispute arising under a distributorship-type agreement
• U.S. corporation-arbitration before the AAA and defense of a parallel civil action to enjoin arbitral proceeding
• Russian Federation-defense of civil claims alleging RICO and other tortious conduct raising sovereign immunity and jurisdictional issues 
• Fondo de Garantía de Depósitos y Protección Bancaria (FOGADE)-prosecution and defense in United States courts of multiple complex civil disputes that raise issues of federal, state, foreign and international law
• Various matters-advice to a wide range of foreign investors and sovereign states regarding investor-state disputes and their nonlitigious resolution Chapter 7 trustee-complex bankruptcy proceedings requiring the location and recovery of significant assets concealed in secrecy jurisdictions by a foreign national through the use of aliases, nominees and bearer share corporate entities
• Major South American financial institution-multinational, multijurisdictional investigation of the financial activities of a non-U.S. bank operating in the United States and elsewhere, demanding cross-border financial investigation and confidential negotiated resolution
• Major corporations-various criminal investigations arising out of business practices in the Middle East, including Egypt, Israel and Jordan

Publications, Speeches and Presentations

• “North American Overview,” The International Comparative Legal Guide to International Arbitration, 2008-09 (Ryan Bull, co-author)
• “Venezuelan Investment: Locating a Safe House and Achieving a Reverse Calvo,” Transnational Dispute Management (TDM), online publication, Vol. 5, issue 2, April 2008
• “Resource Nationalism Repeating Itself,” Oil & Gas Financial Journal, January 2008
• “Navigating Cross-Cultural Waters in International Disputes,” Inside the Minds: Leading Lawyers on the Art & Science of Arbitration, Mediation & More, Aspatore Books, 2004 (Michael Goldberg, co-author)