Andrew B. Loewenstein

Representative Experience

International Litigation & Arbitration

International Court of Justice and Other Inter-State Dispute Resolution Procedures

• Represented the Republic of the Philippines in an arbitration against the People’s Republic of China under Annex VII of the U.N. Convention on the Law of the Sea concerning maritime rights and entitlements in the South China Sea and the unlawful construction of artificial islands.
• Represented the Republic of Mauritius before the International Court of Justice in connection with the UN General Assembly’s Request for an Advisory Opinion concerning the Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965.
• Represented the Republic of Guyana before the International Court of Justice in the Case Concerning the Arbitral Award of 3 October 1899 (Guyana v. Venezuela), a case to confirm the validity of the arbitral award that established Guyana’s boundary with Venezuela.
• Represented the Republic of Croatia in an ad hoc arbitration with the Republic of Slovenia facilitated by the European Commission regarding the determination of Croatia’s land and maritime boundaries with Slovenia.
• Represented the Republic of Ecuador in a state-to-state arbitration with the United States regarding the interpretation of the Ecuador-United States bilateral investment treaty.
• Represented the Republic of Nicaragua before the International Court of Justice in the Case Concerning Construction of a Road in Costa Rica (Nicaragua v. Costa Rica) in asserting claims for environmental damage caused by Costa Rica’s construction of a highway adjacent to the San Jan River.
• Represented the Republic of Georgia before the International Court of Justice in the Case Concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russia) in asserting claims against Russia for ethnic cleansing and other forms of ethnic violence in South Ossetia and Abkhazia. 
• Represented the Eastern Republic of Uruguay before the International Court of Justice in the Case Concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay) in defense of allegations that construction and operation of pulp mills near the international border with Argentina violate international environmental obligations.
• Represented the Republic of Ecuador before the International Court of Justice in the Case Concerning Aerial Spraying Along the Border (Ecuador v. Columbia) concerning environmental damage and related human rights claims caused by Columbia’s spraying of herbicides near the international border.
• Represented the Republic of Nicaragua before the International Court of Justice in the Case Concerning Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) in a dispute with Costa Rica over territorial sovereignty and allegations regarding breach of international environmental law in relation to dredging of the San Juan River.
• Represented the Republic of Mauritius in international arbitration with the United Kingdom regarding the creation of a Marine Protected Area in the Indian Ocean before an arbitral tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea. 
• Represented the Republic of Guyana in international arbitration with the Republic of Suriname over the delimitation of a disputed international maritime boundary before an arbitral tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea.

International Arbitration

• Represented the Eastern Republic of Uruguay before the International Centre for the Settlement of Investment Disputes in defense of claims brought by Philip Morris International under the Uruguay-Switzerland bilateral investment treaty concerning Uruguay’s tobacco control regulations.
• Represented the Republic of Ecuador in defense of alleged claims of expropriation before the International Center for the Settlement of Investment Disputes. 
• Represented the Republic of Guyana in international arbitration with foreign investors before the International Centre for Dispute Resolution regarding the sale, operation, and refurbishment of an electric power plant. 
• Represented a foreign sovereign in ad hoc international arbitration with investors over the privatization of the national electric company. 
• Represented a mining company in international arbitration before the International Centre for Dispute Resolution regarding the provision of electric power. 
• Represented a petroleum services company in international arbitration before the American Arbitration Association over the rehabilitation of an offshore oil rig.

International Litigation in U.S. Courts 

• Represented the Kingdom of Spain in the U.S. District Court for the District of Columbia to defend against an attempt to enforce an 112 million euro ICSID arbitral award.
• Represented the Republic of Nigeria in the U.S. District Court for the District of Massachusetts to defend against an action to enforce a $600 million foreign court judgment.
• Represented the Kingdom of Spain in the U.S. District Court for the District of Columbia to defend against an attempt to enforce under the New York Convention a 53 million euro arbitral award rendered in a Stockholm Chamber of Commerce arbitration.
• Represented the Republic of Angola in the U.S. District Court for the District of Columbia in defense of claims of expropriation.
• Represented the Kingdom of Spain in the U.S. District Court for the District of Columbia to defend against an attempt to enforce a 64 million euro ICSID award.
• Represented the Kingdom of Thailand in the U.S. District Court for the Southern District of New York in defense of mass tort claims arising from the Asian Tsunami.
• Represented the Republic of Guyana in the U.S. District Court for the District of Columbia in defense of alleged breaches of the contract privatizing the country's telecommunications sector brought by the principal telecommunications provider.

• Represented a foreign sovereign before the U.S. District Court for the District of Columbia in seeking, pursuant to the Federal Arbitration, vacatur of an approximately $1.4 billion ICSID Additional Facility arbitral award, and in defending against an attempt to enforce the award under the New York Convention.

• Represented a foreign sovereign before the U.S. District Court for the District of Columbia to defend against efforts to have recognized and enforced, under the New York Convention, an approximately $1 billion ICSID Additional Facility arbitral award.

• Represented a foreign sovereign in regard to recognition and enforcement under the New York Convention of an approximately $700 million ICSID Additional Facility arbitral award.
• Represented a foreign company in defense of an action in the U.S. District Court for the District of Columbia to have an approximately $200 million UNCITRAL Rules arbitral award recognized and enforced under the New York Convention.
• Represented the prevailing party in an ICC arbitration in enforcing in the U.S. District Court for the District of Massachusetts a multi-million dollar arbitral award under the New York Convention.
• Represented a party to Swiss court proceeding regarding obtaining discovery in the United States pursuant to 28 U.S.C. § 1782. 
• Represented a party to an international litigation regarding obtaining discovery in the United States pursuant to 28 U.S.C. § 1782.

International Advisory Matters

• Counseled a Latin American state regarding an international maritime boundary dispute with a neighboring state.
• Counseled an island state regarding its rights and obligations with respect to marine scientific research under the UN Convention on the Law of the Sea.
• Counseled a Pacific state regarding negotiations to resolve maritime boundary disputes with neighboring states. 
• Counseled an African state regarding the delimitation of unsettled international maritime boundaries with neighboring states. 
• Provided strategic advice to a Pacific state concerning efforts to establish sovereignty over islands in dispute with a neighboring state.

International Human Rights 

• Counsel to the Republic of Bangladesh in proceedings before the International Criminal Court concerning atrocities committed against the Rohingya people of Myanmar. 
• Served on the U.S. State Department’s Atrocities Documentation Team, which investigated allegations of international crimes in the Darfur region of Sudan by taking witness statements from Darfuri refugees in eastern Chad. The interviews formed the basis for the State Department’s declaration that the crimes in Darfur constitute genocide. 
• Advised a major human rights organization regarding the application of public international law to the situation in Darfur, including with respect to genocide and reparations for violations of international law. 
• Counseled a human rights organization regarding international criminal law, including with regard to genocide and crimes against humanity.

Domestic Disputes

Civil Litigation and Arbitration

• Represented the former CEO of a large photographic processing company in a putative consumer fraud class action in the U.S. District Court for the District of Massachusetts brought by lessees of photographic developing equipment. 
• Represented the former CEO of a major financial services company in arbitration before the American Arbitration Association over alleged executive misconduct. 
• Represented a major insurance company in defense of claims brought by a national association of insurance agents before the Superior Court of the District of Columbia regarding alleged breaches of agency contracts.
• Represented a video game publisher in the U.S. District Courts for the Northern District of Alabama and the District of Massachusetts regarding the licensing rights to NASCAR drivers and racetracks. 
• Represented a paper manufacturer in the U.S. District Court for the District of Massachusetts in claims for trade dress infringement and misappropriation of trade secrets. 
• Represented a chemical supply company in litigation in the state and federal courts of Massachusetts over alleged breaches of a supply contract for a major medical research study. 
• Defended a developer of machine vision and artificial intelligence software against claims of patent infringement in the U.S. District Court for the District of Massachusetts.

Business Crimes and Government Investigations 

• Defended the former CEO of a leading financial services firm in state and federal tax investigations and related matters. 
• Defended individuals in a federal investigation against charges of international economic espionage. 
• Defended a hedge fund in an SEC investigation regarding alleged insider trading. 
• Defended a money manager in an SEC enforcement action regarding alleged insider trading. 
• Defended the owner of a power plant in parallel investigations by the Essex County District Attorney’s Office, OSHA, and the Massachusetts Department of Public Safety regarding a major industrial accident involving multiple fatalities. 
• Defended an engineering consulting firm in a criminal investigation by the Massachusetts Attorney General’s Office regarding workmanship on a major construction project. 
• Defended a health care provider in a federal investigation against charges of health care fraud and kickbacks relating to the purchase of pharmaceuticals. 
• Defended a senior executive of a defense contractor in a federal investigation into alleged criminal anti-trust violations relating to procurement by the U.S. military. 
• Defended an engineer in connection with a license revocation proceeding before the Massachusetts Department of Public Safety. 
• Defended senior construction engineers in a federal investigation against charges under the False Claims Act. 
• Defended senior biomedical engineers in a federal investigation against charges of medical device fraud. 
• Defended senior managers of a construction company in a civil investigation by the Massachusetts Attorney General’s Office under the state False Claims Act.