Andrew B. Loewenstein

Partner - Boston

Andrew Loewenstein
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617.832.3015

617.832.7000

aloewens@foleyhoag.com Download vCard

Andrew Loewenstein is a partner with the firm’s International Litigation and Arbitration Department, where he focuses on public international law as well as investor-state and international commercial disputes. He has particular expertise advising governments, corporations, and non-governmental organizations regarding international legal matters, including with respect to international boundary disputes, the U.N. Convention on the Law of the Sea, investor-state disputes, international environmental law, and international human rights and humanitarian law. Andrew frequently represents governments in cases before the International Court of Justice (the “World Court”) in The Hague, the World Bank’s International Centre for Settlement of Investment Disputes (ICSID), the Permanent Court of Arbitration (PCA), and in U.S. court litigation under the Foreign Sovereign Immunities Act (FSIA).

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Education:

  • Georgetown University Law Center, J.D., cum laude
  • London School of Economics, M.Sc.
  • Brown University, A.B., magna cum laude, Phi Beta Kappa, with honors in Political Sciences

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.
  • Adjudication of Environmental Impact Assessment Claims Before International Courts and Tribunals, in Christina Voigt (ed.), THE ENVIRONMENT IN INTERNATIONAL COURTS AND TRIBUNALS (Cambridge University Press, forthcoming)
  • Arbitrating Anti-Doping Disputes in Professional Tennis, INTERNATIONAL ARBITRATION INSIGHTS: CAS & LEX SPORTIVA (2017) (with Peter Shults) 
  • The Approach of Counsel to Challenges in International Disputes, in Chiara Giorgetti (ed.) CHALLENGES AND RECUSALS OF JUDGES AND ARBITRATORS IN INTERNATIONAL COURTS AND TRIBUNALS (Brill/Nijhoff, 2015)
  • Book Review: The International Minimum Standard and Fair and Equitable Treatment (by Martins Paparinskis), GLOBAL ARBITRATION REVIEW (October 3, 2014)
  • Bosnia and Herzegovina v. Serbia and Montenegro, THE OXFORD COMPANION TO INTERNATIONAL CRIMINAL JUSTICE (Oxford University Press, 2009)
  • Divergent Approaches to Determining Responsibility for Genocide: The Darfur Commission of Inquiry and the ICJ’s Judgment in the Genocide Case, JOURNAL OF INTERNATIONAL CRIMINAL JUSTICE (September 2007) (with Stephen A. Kostas)
  • Words Fail, THE NEW REPUBLIC (May 15, 2006)
  • Developments in the Foreign Sovereign Immunities Act, THE INTERNATIONAL LAWYER (Summer 2004)
  • Supreme Court Decides Important Foreign Sovereign Immunity Issues: Dole Food Corp. v. Patrickson, INTERNATIONAL LAW NEWS (Summer 2003) (with Janis H. Brennan)
  • The Foreign Sovereign Immunities Act, THE INTERNATIONAL LAWYER (Summer 2003)
  • The Foreign Sovereign Immunities Act and Corporate Subsidiaries of Agencies or Instrumentalities of Foreign States, BERKELEY JOURNAL OF INTERNATIONAL LAW (Spring 2001)
  • Judicial Review and the Limits of Prosecutorial Discretion, AMERICAN CRIMINAL LAW REVIEW (Spring 2001). 
  • Chinese Fake Outs, FOREIGN POLICY (March/April 2001)
  • British Efforts to Influence Kuwaiti Domestic Policy During the Reign of Sheikh Ahmad al-Jaber, MIDDLE EASTERN STUDIES (April 2000)
  • Employment-Related Crimes, AMERICAN CRIMINAL LAW REVIEW (May 1999)
  • Beyond Russia: Interview with President Eduard Shevardnadze, BROWN JOURNAL OF WORLD AFFAIRS (Summer 1995)

Honors

  • Listed as a ‘Rising Star’ in Business Litigation, Super Lawyers’ Massachusetts Rising Stars: A Comprehensive Listing of the Best Young Lawyers in Massachusetts (2005-2008)
  • Law clerk to the Hon. William J. Holloway, Jr., U.S. Court of Appeals for the Tenth Circuit (2000-2001)
  • Lexis-Nexis William Moore Federal Practice Award For Federal Legal Scholarship (national award) (2000)
  • American Criminal Law Review, Managing Editor (1999-2000)
  • Brown Journal of World Affairs, Editor-in-Chief (1996)

Involvement

  • Council on Foreign Relations, Term Member
  • American Society of International Law, Member 
  • American Bar Association 
    • International Courts Committee, Co-Chair (2015-present)
    • International Litigation Committee, Member 
  • International Bar Association
    • 2013 Annual Meeting Host Committee, Member
    • Litigation and Arbitration Committees, Member
  • London Court of International Arbitration, Member
  • International Arbitration Case Law (School of International Arbitration, Queen Mary University of London), Editorial Committee Member
  • Boston Bar Association
    • International Law Section, Co-Chair (2015-present)
    • Public International Law and Human Right Committee, Co-Chair (2008-2010)
  • Costa Rica v. Nicaragua: The International Court of Justice and the Frontiers of Valuing Environmental Impacts,” July 4, 2018 (International Union for the Conservation of Nature, Academy of Environmental Law Colloquium, Glasgow, Scotland)
  • “Interstate Arbitration as a Dispute Settlement Mechanism,” April 6, 2018 (Harvard Law School)
  • “Investor-State Dispute Settlement as a Norm Generating System,” March 31, 2018 (Harvard Law School, Symposium organized by the Harvard Journal of International Law)
  • “Ocean Policymaking and Marine Protected Areas in the United States, November 7, 2017 (Korea Maritime Institute, Seoul, South Korea)
  • “The South China Sea Arbitration,” November 6, 2017 (Korean Branch, International Law Association, Seoul, South Korea)
  • “Dialogue with International Law Practitioners,” October 24, 2017 (Asian African Legal Consultative Organization, United Nations, New York, NY)
  • “Enforcement of Arbitral Awards,” September 28, 2017 (Juris Conference, New York, NY)
  • “The Golden Age of International Arbitration,” September 27, 2017 (Boston Bar Association, Boston, MA)
  • “The South China Sea Arbitration and the Peaceful Settlement of Disputes under UNCLOS, June 20, 2017 (Global Ocean Regime Conference, Korea Maritime Institute, Seoul, South Korea)
  • “Crises, Schisms, and the Way Forward for International Law,” April 21, 2017, (Harvard Law School, Symposium organized by the Harvard Journal of International Law)
  • “Adjudicating International Environmental Disputes: Lessons from Recent Jurisprudence,” April 13, 2017 (American Society of International Law, annual meeting)
  • “International Investment Law and the Right to Regulate,” April 6, 2017 (Fletcher School of Law and Diplomacy, Tufts University)
  • “The South China Sea Arbitration,” February 10, 2017 (University of Pennsylvania School of Law)
  • “The 2016 Hague Decision on the South China Sea,” November 17, 2016 (Pardee School of Global Studies, Boston University)
  • “Storms in the South China Sea: Law of the Sea Arbitration and ‘Islands’ of Dispute,” October 21, 2016 (American Bar Association, International Law Section Fall Meeting, Tokyo, Japan)
  • Panel Chair, “Asia’s Twenty-First Century Approach to Resolving International Disputes,” October 20, 2016 (American Bar Association, International Law Section Fall Meeting, Tokyo, Japan)
  • “The Adjudication of Claims Concerning Environmental Impact Assessment Before International Courts and Tribunals,” June 22, 2016 (International Union for the Conservation of Nature, Academy of Environmental Law Colloquium, Oslo, Norway)
  • Panel Chair, “The International Court of Justice at 70,” April 14, 2016 (American Bar Association, International Law Section Spring Meeting, New York)
  • “Representing Sovereign States in Public International Law Disputes Before the International Court of Justice and Other Inter-State Courts and Tribunals,” April 7, 2016 (Harvard Law School)
  • “Early Career Tips from the Experts: Breaking into International Arbitration,”1 October 15, 2013 (Boston, London Court of International Arbitration, Young International Arbitrators Group)
  • "State-to-State Investment Treaty Arbitration: Dead End or New Frontier?," November 29, 2012 (Vale Columbia Center on Sustainable International Investment/Center for International Commercial and Investment Arbitration, Columbia Law School)
  • "Representing States Before International Courts and Tribunals," November 16, 2012 (Fletcher School of Law and Diplomacy, Tufts University)
  • "International Commercial Arbitration and Litigation," October 25, 2012 (Sloan School of Management, Massachusetts Institute of Technology)
  • "International Distribution Contracts: Dispute Resolution," June 7, 2012 (Massachusetts Export Center)
  • "Shaping Africa's Borders and International Law: African States' Delimitation of Territorial and Maritime Boundaries," April 14, 2012 (Albany Law School) (co-author with Tafadzwa Pasipanodya)
  • "Resolving International Commercial Disputes: The Essentials," December 5, 2011 (Massachusetts Export Expo)
  • "International Commercial Dispute Resolution," December 7, 2010 (Sloan School of Management, Massachusetts Institute of Technology)
  • "Litigating before the International Court of Justice," April 2, 2010 (Harvard Law School, Symposium organized by the Harvard Journal of International Law)
  • "Enforcing Human Rights at the International Court of Justice," November 20, 2008 (Carr Center for Human Rights Policy, John F. Kennedy School of Government, Harvard University)
  • "State Liability: Enforcement of Treaty Rights Against States," November 1, 2008 (Symposium organized by the State Chancellery of Latvia, Riga, Latvia)
  • "Recent Developments in Inter-State Dispute Resolution in Latin America," September 26, 2007 (Lima, Peru)
  • "The Role of Amicus Briefs in International Dispute Resolution," September 5, 2006 (Symposium organized by the State Chancellery of Latvia, Riga, Latvia)
  • "Darfur and Genocide, Conference in Honor of Adriaan Bos," March 31, 2006, Vrie Universiteit (Amsterdam, Netherlands)
  • "The Destruction of Livelihoods and Genocide," March 23, 2006, presentation at the International Criminal Court (The Hague, Netherlands)
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Bar Admissions

  • Massachusetts

Court Admissions

  • U.S. Court of Appeals First Circuit
  • U.S. Court of Appeals Tenth Circuit
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the District of Columbia