White & Case
 
Jonathan C. Hamilton
Partner
Washington, DC

T: + 1 202 626 3638
F: + 1 202 639 9355
E:
Practice Experience
Jonathan is a leading global authority on international disputes and investment, as well as complex negotiations and crisis management.

As head of Latin American arbitration, he has successfully advised on some of the most critical issues of the era in Latin America and beyond, such as the cultural patrimony of Machu Picchu, the new Ecuador international airport, the Argentine sovereign debt crisis, the development of the Peruvian energy sector and the Panama Canal expansion. Jonathan’s practice is ranked at the top of its field by Chambers Global, Chambers USA and Chambers Latin America, which describes the practice as "a powerhouse at the forefront of Latin American international arbitration". Recognition of his specific recent matters includes, among others:
  • 2013 OGEMID Most Influential Arbitration Award of the Decade
  • 2012 OGEMID Best Arbitration Award
  • 2011 Latin Lawyer Deal of the Year/Disputes
  • 2010 Latin Lawyer Deal of the Year/Finalist Disputes
  • 2009 Latin Lawyer Deal of the Year/Disputes
  • 2008 OGEMID Best Arbitration Award

Jonathan also has been individually recognized as one of the top lawyers in his field and was one of ten lawyers worldwide nominated for Global Arbitration Review Advocate of the Year. Chambers and Legal 500 and clients have described him as follows:
  • "a super-lawyer-dealmaker"
  • "single-minded commitment to the client’s cause"
  • "very impressive advocacy" with "impressive grasp of strategy"
  • "great negotiator" and "true Latin American specialist"
  • "deep understanding and efficiency" and "tenacity"
  • "experience, expertise, commitment and dynamism"

Jonathan is a recognised thought leader on both Latin American policy and international investment and arbitration. He teaches international contract negotiations at the University of Miami and lectures widely at leading universities. Key publications include:

Based in Washington, DC, and Latin America, Jonathan started his career at White & Case in the New York office, spent several years in the Mexico City office and also worked as a visiting associate with a major firm in Lima. He is committed to social development and has served on the US-Mexico Foundation board, the Vance Center for International Justice board, foreign policy working groups and as an international election observer. He also worked as an assistant to legal fiction author John Grisham and a federal law clerk.

Selected examples of his experience include:
  • Foreign Investment, including success in Aguaytia v. Peru, a US$150 million case named Latin Lawyer Dispute of the Year 2009, called "a strong precedent for stability agreements as a means of protecting foreign investment." (Chambers)
  • Energy Projects, such as victories in a US$300 million Energy Charter Treaty oil and gas case named Award of the Year 2008 (OGEMID), and a case where the client "escaped a US$174 million sword of Damocles." (GAR)
  • Infrastructure/Construction Projects, including Convial v. Peru, related to a toll road concession, and PIATCO v. Philippines, a victory in a US$565 million commercial construction arbitration, GAR Win of the Year 2010 finalist.
  • Complex Negotiations, including the resolution of disputes and renegotiation of the project financing for the US$650 million Quito, Ecuador airport in "one of the most complex project disputes in Latin America's recent history" involving "myriad proceedings under contracts and treaties." (Latin Lawyer, American Lawyer)
  • Sovereign Finance, including "the first prominent use of an investment protection treaty to challenge a sovereign government's handling of a default and restructuring" and a landmark decision described as "a wake-up call" with a result "whose effects may reverberate widely." (IAReporter)
  • Complex Procedure and Mass Claims, advising tens of thousands holders of bonds in a "novel" case "closely watched because of its importance to multi-party arbitration." Named Arbitration Decision of the Year 2011 and Most Surprising Decision of the Year 2011. (GAR, American Lawyer)
  • Cultural Patrimony, assisting Peru on the return of artifacts removed almost a century ago from Machu Picchu with a result that sends "a message to collectors around the world." (The Economist). Latin Lawyer Dispute of the Year 2010 finalist.
  • Social Development, with a commitment to public service and pro bono work, including serving on the US-Mexico Foundation board, the Vance Center on International Justice board, foreign policy working groups and as an international election observer.

Selected Examples of Client Matters
Mr. Hamilton's experience has included, among other examples, the following matters:
  • An airport concession in Ecuador
  • A metallurgical facility in Peru
  • Sovereign bonds issued by Argentina
  • A hydroelectric project in Ecuador
  • A gold mine in Venezuela
  • A port in Peru
  • A toll road in Peru
  • Transmission lines in Peru
  • Electricity concessions in Peru
  • An oil refinery in Bulgaria
  • A real estate development in Chile
  • An airport in the Philippines
  • Public utilities in Argentina
  • A publishing enterprise in Chile
  • Diverse outbound investment from Brazil
  • A concession with Paraguay
  • A factory in El Salvador
  • An airline in Peru
  • A tunnel and hydroelectric project in Bolivia
  • An airport project in Costa Rica
  • An oil and gas and construction project in Mexico
  • A historic site and related artifacts in Peru
  • A joint venture in Brazil
  • Nuclear materials from CIS
  • A commodity sold into Mexico
  • A construction project in the Philippines
  • Energy procurement in Mexico
  • A banking dispute involving Colombia
  • Debt collection in Mexico and other markets
  • A telecommunications project in Mexico
  • An energy project in Venezuela
  • A telecommunications project in Argentina
  • Disputes before diverse courts and involving the arbitration rules of the American Arbitration Association (AAA), Inter-American Commercial Arbitration Commission (IACAC), International Centre for Dispute Resolution (ICDR), International Centre for Settlement of Investment Disputes (ICSID), International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA) and United Nations Commission on International Trade Law (UNCITRAL), as well as various local arbitral institutions
  • Advising on matters arising under treaties such as bilateral investment treaties (BITs), Energy Charter Treaty (ECT), North American Free Trade Agreement (NAFTA) and Central American Free Trade Agreement (CAFTA-DR)
  • Drafting and advising on dispute resolution mechanisms and arbitration clauses at the time of contract
  • Transactions involving project financing, lending, leasing, joint ventures, dispute mechanisms, restructuring, settlements and diverse foreign investment issues

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
American Society of International Law
Inst. for Transnational Arb., Vice-President 
Int’l Arb. Ctr., AmCham Peru, Arbitrator
International Bar Association
ICC Latin America Arb. Comm.
Int'l Law Institute, ADR Advisory Board 
Latin Am. Energy Advisor, Board
Latin Arbitration Law, Editor
U.S.-Mexico Foundation, Board
Virginia Journal of Int'l Law, Board

Awards and Recognition
The International Who's Who of Comm. Arbitration
Chambers Latin America
Global Arbitration Review
LatinLawyer


Speaking Engagements
"Complex Negotiations and Crisis Management in Latin America: International Development and Dispute Resolution," Harvard Law School, Cambridge, 2014
"Legados Míticos: The Legends of Latin American Arbitration," ICCA Congress, Miami, 2014
"The Rule of Law and Investment Arbitration," University of Virginia School of Law, Charlottesville, 2014
"Contract and Treaty Rights and Claims," Am Cham Lima, Peru, 2013
"The Intersection of Investment and Human Rights Regimes," CCIL Annual Conference, Ottawa, 2013
"The Public Perspective: Transparency in International Disputes," ICC Annual Miami Conference on International Arbitration in Latin America, Miami 2013
"Peruvian Investment Arbitration," Simposio Internacional de Arbitraje, Cámara de Comercio de Lima/Universidad del Pacífico, Lima, 2013
"Latin American International Arbitration: Which Latin American Seat?," GAR Live Conference, New York, 2013
"The Importance of Latin American Investment Arbitration," University of Richmond, Richmond, 2013
"Clashing Paradigms for Resolving International Investment Disputes," Yale Institute of International Arbitration, Miami, 2013
"Third Party Participants, Funding and Transparency in Investment Disputes: Innovations and Relationships in the Arbitral World," Centro de Arbitraje La Cámara de Caracas and the International Federation of Commercial Arbitrations (IFCAI), Caracas, 2013
"Colombia as a Place of Arbitration," Bogotá, 2013
"Current Developments in Sovereign Debt Claims: Disappointed Investors Take Action," International Law Weekend, Fordham University School of Law, New York, 2012
"Corporate Counsel´s Strategy and Role in International Dispute Resolution," ICDR-CCCB International Arbitration Conference, Bogotá, 2012
"Investment Arbitration in Latin America: What does the Future Hold," ABA Section of International Law Meeting, Miami, 2012
"Sovereign Finance, Collective Action and Arbitral Procedure," Annual Conference on German and American Law, Columbia University Law School, New York, 2012
"The Request for Arbitration," How to Handle a Bilateral Investment Treaty Arbitration, American University Washington College of Law, Washington, 2012
"The Grounds for Annulment: Are They Being Misapplied," Yale Journal of International Law Conference, Yale Law School, New Haven, 2012
"International Commercial Arbitration," ICDR and AmCham, São Paulo, Brazil, 2011
"Investment Protection Standards," AmCham Peru, Lima, Perú, 2011
"The Nuts and Bolts of an ICSID Arbitration," American Bar Association International Law Section, Washington, DC, 2011
"Latin America Arbitration and Investment," Georgetown University International Arbitration Society, Washington, DC, 2011
"The Rise of Latin American Arbitral Institutions," The Institute for Transnational Arbitration (ITA) Centre for Conciliation and Arbitration of Panamá, Panamá City, 2011
"International Commercial Arbitration in Argentina and the Americas," ICDR, Buenos Aires, Argentina, 2010
"International Commercial Arbitration in Brazil," ICDR and AmCham, São Paulo, Brazil, 2010
"Latin Arbitration Institutions," ITA Americas Workshop, Bogotá, Colombia, 2010
"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, 2010
"Lawless Pirates and Vigilantes," University of Virginia, Charlottesville, Virginia, 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 College 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
Latin Arbitration Law: The Journal of Latin American Arbitration, Investment and Policy, www.latinarbitrationlaw.com, 2010 – present
Latin American Truth Commissions, 2013
Latin American Investment Protections: Comparative Perspectives on Laws, Treaties, and Disputes for Investors, States and Counsel, 2012
Latin American Arbitral Institutions, Inaugural Survey, Institute for Transnational Arbitration, 2011
The Latin American Arbitration Law Compendium, 2000 – Present
"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 US 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 and matters 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