Andrew Loewenstein is a partner with the firm's Litigation Department, where he focuses on international litigation and arbitration, including disputes involving public international law. He has particular expertise advising governments, corporations, and non-governmental organizations regarding international legal matters, including with respect to international boundary disputes, investor-state disputes, environmental law, and international human rights and humanitarian law. Andrew frequently represents governments in cases before various fora, including the International Court of Justice (the "World Court") in The Hague, the World Bank's International Centre for Settlement of Investment Disputes (ICSID), and in U.S. court litigation under the Foreign Sovereign Immunities Act (FSIA).
Andrew also represents private commercial entities before international arbitral tribunals and courts in the United States. As part of his international commercial practice, Andrew represents clients in court actions relating to the enforcement of international arbitration agreements and awards under the New York Convention, and in obtaining discovery in the United States in aid of foreign proceedings, pursuant to 28 U.S.C. § 1782.
In his domestic disputes practice, Andrew represents corporate and individual clients in commercial litigation and arbitration. A significant part of Andrew's practice also involves representing corporations, corporate officers and directors, and other individuals in criminal, civil and regulatory investigations. His corporate clients are in industries ranging from financial services and health care to energy and construction, and he assists such individual professionals as managers, executives, and engineers.
Representative Experience
The following is a brief summary of Andrew's experience and accomplishments:
· INTERNATIONAL LITIGATION AND ARBITRATION
- International Court of Justice And Other Inter-State Dispute Resolution Procedures
--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 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 And U.S. Court Litigation
--Represented the Republic of Ecuador in defense of alleged claims of expropriation before the International Center for the Settlement of Investment Disputes.
--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 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.
--Represented a party to Swiss court proceeding regarding obtaining discovery in the United States pursuant to 28 U.S.C. § 1782.
--Represented the prevailing party in an ICC arbitration in enforcing an arbitral award under the New York Convention.
- International Advisory Matters
--Counseled a Latin American state regarding an international maritime boundary dispute with a neighboring state.
--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
--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.
Professional / Civic Involvement
· Council on Foreign Relations, Term Member
· American Society of International Law, Member
· American Bar Association
- International Litigation Committee, Member
· International Bar Association
- Litigation and Arbitration Committees, Member
· London Court of International Arbitration, Member
· Boston Bar Association
- Public International Law and Human Rights Committee, Co-Chair (2008-2010)
Speeches and Conferences
· 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)
Publications
· 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/Awards
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)