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, and ad hoc arbitrations under UNCITRAL Rules. In the United States, Jay has represented clients in arbitrations administered by the American Arbitration Association (AAA/ICDR) 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 Republic of Romania in an ICSID investment arbitration filed under the Cyprus-Romania Bilateral Investment Treaty alleging expropriation, denial of fair and equal treatment, discrimination, and failure to provide a stable legal environment. Successfully obtained dismissal of case on jurisdictional objection and an award of attorneys’ fee for Romania.
• 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. Successfully obtained dismissal of case on jurisdictional objection.
• 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 construction 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.

• Advising investors concerning Bilateral Investment Treaties, including structuring of investments to maintain investment protections.
• Lead counsel in an ICC arbitration in London involving Joint Operating Agreements and preemptive rights related to hydrocarbon concessions in the Republic of Colombia.
• Lead counsel in an LCIA arbitration in London on behalf of an international private equity fund respecting its investment in an Algerian telecom company, successfully enforcing 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 ad hoc arbitration filed under AAA Rules in Washington, DC involving a Power Purchase Agreement for a 700MW combined cycle electric generating facility.
• Representation of an IPP in an ad hoc arbitration involving 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.

Bar Admissions

Education
JD, University of North Carolina School of Law, Note Editor, Journal of International Law and Commercial Regulation, 1980AB, University of Michigan, 1977