White & Case LLP - Lawyers - Jonathan C. Hamilton

Practice Experience

Jonathan C. Hamilton is a Partner in the global law firm of White & Case LLP who practices in international dispute resolution and cross-border investment.

Based in Washington, DC, he commenced his career in the firm's New York office and was based for several years in the Mexico City office. He has particular experience in emerging markets and "has spent his career at the front of a trend" of Latin American arbitration and investment, as one publication states. He worked as a visiting associate with a leading firm in Lima, Peru, and has advised on matters involving 20 countries across the Americas. Chambers calls him a "true Latin American specialist" with a "remarkable degree of familiarity with the region." Legal 500 describes his team’s Latin American experience as "formidable."

Mr. Hamilton advises on strategic matters that span borders, including investments and dispute resolution through negotiation, litigation and arbitration, including under the ICSID, ICC, ICDR, AAA and UNCITRAL rules. His practice group is ranked Tier One in arbitration and he has been individually recognized by the International Who's Who of Commercial Arbitration, Chambers and Global Arbitration Review, which called him a "name of the future."

He has experience in industry sectors such as construction, energy, aviation, commodities, finance, media, mining, oil and gas, and telecommunications, and in diverse sovereign matters. Representative matters include:

Investment matters involving sovereign bonds issued by Argentina, the electricity sector in Peru, a mine in Venezuela, an airport in Ecuador, an oil refinery in Bulgaria, real estate in Chile, an airport in the Philippines, utilities in Argentina, a publishing enterprise in Chile, outbound investment from Brazil, a concession with Paraguay and a factory in El Salvador.
Commercial disputes involving an energy project in Ecuador, an airline in Peru, a tunnel project in Bolivia, an airport project in Costa Rica, a construction project in Mexico, a joint venture in Brazil, nuclear materials from CIS, a commodity sold into Mexico, construction in the Philippines, energy procurement in Mexico, a dispute in Colombia and debt collection in Mexico.
Cross-border transactions and negotiations involving project financing, lending, leasing, joint ventures; dispute mechanisms, restructuring and settlements, and diverse other foreign investment matters.

Selected recent examples of his experience include:

Success in Aguaytia v. Peru, a US$150 million energy case under a legal stability agreement, named Latin Lawyer Dispute of the Year 2009 and described by Chambers as "a strong precedent for stability agreements as a means of promoting and protecting foreign investment."
Success in Plama v. Bulgaria, a US$300 million Energy Charter Treaty case related to an oil refinery, named Best Award of the Year 2008 in a global survey.
Success in Fraport v. Philippines, a US$425 million arbitration related to an airport construction project.
Success in US Energy v. Nukem, a US$174 million dispute before federal courts and an arbitral tribunal.
Advising the Republic of Peru on recovery of artifacts from Machu Picchu, the Incan city and World Heritage Site.
Advising 180,000 Italian nationals in contract and treaty claims against Argentina, described by Global Arbitration Review as "closely watched because of its importance to multi-party arbitration and the constraints that international law places on sovereign finance and default."

Mr. Hamilton is the author of numerous articles and chapters on foreign investment and disputes. He has spoken widely throughout the Americas and in Europe. He has prior experience a federal law clerk and a research assistant to legal fiction author John Grisham. Deeply committed to pro bono and public service, he serves on the Board of the U.S.-Mexico Foundation and advises charitable organizations. He has served as an international election observer and on working groups on US-Latin American relations.

Bars and Courts
District of Columbia Bar
New York State Bar

Education
JD, University of Virginia
MA, University of North Carolina
BA, Brandeis University
Program, Oxford University

Professional Associations and Memberships
American Bar Association, Rule of Law Initiative, Latin American and Caribbean Division, Council Member
American Society of International Law
Institute for Transnational Arbitration, Chair, Americas Initiative; Exec. Board
International Arbitration Centre of the American Chamber of Commerce of Peru, International List of Arbitrators
International Bar Association
International Chamber of Commerce, Latin America Arbitration Group
International Law Institute, ADR Advisory Committee
Latin American Arbitration Review, Board of Advisors
Latin America Energy Advisor, Board of Advisors
U.S.-Mexico Foundation, Board of Directors
Virginia Journal of International Law, Board of Advisors; former Editor-in-Chief

Awards and Recognition
The International Who's Who of Commercial Arbitration
Chambers Latin America

Speaking Engagements
"Procedural Issues and the Panama Convention," Conference on "International Commercial Arbitration in the Americas: Beyond Cultural Clash and Toward Maturity," American University Washington School of Law, Washington, DC, 17 March 2010
"Lawless Pirates and Vigilantes," University of Virginia, Charlottesville, Virginia, 19 March 2010
"The Latin American Energy Sector and Stability Protections," Arbitration in the Industrial Sectors, ICC and the Committee on Brazilian Arbitration, (CBar) São Paulo, Brazil, 2009
"Energy Charter Treaty Implications of an Oil Sector Dispute," Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty, Brussels, 2009
"Arbitration in Colombia," ICDR International Arbitration Conference, Bogotá, Colombia, 2009
"Investment and Stability Protections in Comparative Perspective," Universidad del Pacífico and AmCham Peru International Arbitration Center, Lima, Perú, 2009
"Brazil and International Arbitration: A Comparative Treaty Assessment," American Society of International Law, Washington, DC, 2009
"Assessment and Valuation Methods," Institute for Transnational Arbitration (ITA) Centro de Mediación y Arbitraje de México (CANACO) Americas Workshop, Mexico City, 2009
"Organization and Procedure in Investment Arbitration: Successes in State Arbitration," UNCTAD/IDB Advanced Training Course on Managing Investment Disputes, San Jose, Costa Rica, 2008
"Insider Insights in Complex Energy Disputes," Brazilian Arbitration Committee/Institute for Transnational Arbitration, São Paulo, 2008
"Investment Protections Under the Energy Charter Treaty," Conference on "Arbitration Beyond Borders: Effective Strategies from the Experts," University of Pennsylvania, Philadelphia, 2008
"Winning a High Stakes Energy Charter Treaty Case," Seminar on "Energy Charter Treaty Arbitrations Against Sovereign States," International Institute for Conflict Prevention and Resolution (CPR), Washington, DC, 2008
"Latin American Dispute Resolution and International Lawyering," American Society of International Law, Washington, DC, 2008
"50 Años de la Convención de Nueva York: Implicancias para América Latina," Seminario Internacional de la Nueva Ley de Arbitraje, Lima, Perú, 2008
"A Decade of Latin American Investment Arbitration," Georgetown University Law Center, 2008
"Latin American Investment Treaties: How Effective, How Useful," Inter-American Dialogue, Washington, DC, 2008
"International Commercial Arbitration and Mediation," International Centre for Dispute Resolution Conference, Washington, DC, 2007
"Current Legal Issues in Latin American Investment Treaty Arbitration," American University Washington College of Law, 2007
"Investment Treaty Protections for Outbound Brazilian Investments," São Paulo and Rio de Janeiro, 2007
"The Efficacy of Latin American Investment Treaties," New York State Bar Association Conference, Lima, Perú, 2007
"Litigation and Arbitration in a Globalized Legal Market," University of Virginia School of Law, 2007
"How to Handle an Oil and Gas Case: Special Evidentiary Issues," American University Washington College of Law, 2007
"Investment Arbitration in Latin America," American University Washington School of Law, 2007
Seminario Nacional y Taller Especializado Sobre Controversias Inversionista-Estado, Lima, Perú, 2007
"¿‘Se acabó el Arbitraje’ en América Latina?," Peruvian Congress on International Arbitration, Lima, Perú, 2007
"Investment Treaty Arbitration in the 21st Century," Institute for Transnational Arbitration, Buenos Aires, 2007
"Cross-Border Disputes from Argentina to Uzbekistan," University of Virginia, Charlottesville, 2007
"Investment Protection and Litigation," Latin America Conference, International Bar Association, São Paulo, Brazil, 2006
"El Destino de Arbitraje en América Latina," Executive Meeting of Latin American Law Firms, San José, Costa Rica, 2006
"The Arbitration Challenge for Latin American Sovereigns," Florida Bar International Law Section, Miami, 2006
"Pan-American Arbitration Enforcement," International Centre for Dispute Resolution Conference, Philadelphia, 2006
"Finality and Enforceability of International Arbitration Awards in Latin America," American Society of International Law and Penn State International Law Review, Washington, DC, 2006
"Beyond the Return of the Calvo Doctrine in Latin America," University of Pennsylvania Law School, Philadelphia, 2006
"How to Handle a Bilateral Investment Treaty Arbitration," American University, Washington, DC, 2006
"Arbitration in Latin America," Harvard Law School, Cambridge, Massachusetts, 2005
"Emerging Issues in Latin American Arbitration and Dispute Resolution," Washington, DC, 2005
"Public International Law and Foreign Investment Practice," American Society of International Law, Washington, DC, 2005
"Redacción de Cláusulas de Arbitraje: Aspectos Jurídicos y Prácticos," Seminar, Santiago, Chile, 2005
"The Privatization of International Dispute Resolution: Arbitration from Investment to Enforcement," Seminar, Washington, DC, 2005
"The Lessons of International Law in Practice," University of Virginia, Charlottesville, 2004
"Legal Aspects of Doing Business in Central and South America," World Trade Day Conference, Biloxi, Mississippi, 2004
"Advanced Techniques for Handling an International Arbitration Case," American University, Washington, DC, 2004
"Latin American Investment Disputes: From NAFTA to the Chile FTA," Duke University, Durham, North Carolina, 2003
"International Arbitration and Dispute Resolution in Latin America," Boalt Hall School of Law, University of California, Berkeley, 2002
"Arbitraje Expedito para la Solución de Incumplimientos de Pago," Centro de Mediación y Arbitraje Comercial, Cámara Nacional de Comercio, Mexico City, 2002
"Minimizing the Legal Risks of Doing Business in Mexico," US Trade Delegation to Mexico, Mexico City, 2002
"Mecanismos de Solución de Disputas," Seminario, Administración de Disputas Internacionales en Negocios, Mexico City, 2002
"Legal Aspects of the Mexican Aviation Market," Latin American and Caribbean Aviation Conference, Miami, 2001
"La Protección de los Derechos de Garantía," Banco Nacional de Comercio Exterior (Bancomext), Mexico City, 2001

Publications and Press
"The Compendium of Latin American Arbitration Law," 2000-10
"50 Años de la Convención de Nueva York: Implicancias para América Latina," Revista Ecuatoriana de Arbitraje, 2009
"Three Decades of Latin American Commercial Arbitration," University of Pennsylvania Journal of International Law, 2009
"Developments in Latin American Arbitration: 2009," Transnational Dispute Management, 2009
"Survey of Trends in Latin American Arbitration," International Disputes Quarterly, 2009
"Latin America Disputes Q&A," Latin Business Chronicle, 2009
"Building the Hemispheric Growth Agenda: A New Framework for Policy," Council of Americas Trade Advisory Group Report, Advisory Group Member, 2009
"Managing Risks Through International Dispute Resolution," in Strategies for Successful Arbitration: Leading Lawyers–Inside the Minds, Aspatore Books, 2008
"A Decade of Latin American Investment Arbitration," in Latin American Investment Treaties Arbitration: The Conflicts and Controversies, Kluwer Law International, 2008
"Latin America's Arbitration King," Legal Bisnow, Feature, 2008
Ecuador and Investment Treaties, Commentary, Latin Business Chronicle, 2008
"Protecting International Investment," Commentary, Latin America Energy Advisor, 2008
"Protecting Latin American Investments," Americas Society News & Views, 2007
"Se Acabó el Arbitraje" en América Latina? La Evolución del Arbitraje en el Perú y en América Latina," El Arbitraje en el Perú y el Mundo, 2007
Latin American Arbitration in Comparative Perspective, International Disputes Quarterly, 2007
Ecuador Investment Arbitration, Commentary, Latin America Advisor, 2007
Ecuador Threatens to Pull Out of U.S. BIT, Commentary, Latin Lawyer, 2007
Bolivian Investment Arbitration, Commentary, Latin America Energy Advisor, 2007
Latin American Investment Treaties, Commentary, Latin America Energy Advisor, 2006
Brazilian Arbitration, Commentary, Latin America Energy Advisor, 2006
"RWE Nukem Thanks Savior," Global Arbitration Review, Featured in Article, 2006
Commentary on US-Latin American Relations, Radio Programas del Perú, 2004
Latin American Pro Bono, Latin Lawyer, Featured in Article, 2003
"Dispute Resolution in Latin America," International Dispute Resolution, 2002
"Alternative Dispute Resolution Gains Acceptance in Mexico," International Dispute Resolution, 2002
"Brazil Ratifies New York Convention," International Dispute Resolution, 2002
"The Role of Law and the Rule of Media and Politics in International Affairs," Proceedings of the 96th Annual Meeting of the American Society of International Law, 2002
"The Privatization of Substantive Law in International Commercial Arbitration," Liber Amicorum: Karl Heinz-Böckstiegel, assistant to Judge Charles N. Brower, 2001
"Agents of International Discourse," Virginia Journal of International Law, 2000
"Arbitration Provision Interpreted and Upheld Based on Textile Industry Custom and Practice," International Dispute Resolution, 2000
"Ethics Code for Mediators Prepared for Mexican Mediation Institute," International Dispute Resolution, 2000
"International Arbitration as a Component of Latin American Reforms: The Case of Peru," 1997
Comments featured in articles in Investors Business Daily, Platts Oilgram News, Latin Lawyer, Latin American Advisor, Latin American Energy Advisor, Global Arbitration Review, and diverse other legal and news sources

Languages
English
Spanish
Basic Russian
Basic Portuguese

Citizenship
United States