Jennifer Glasser

Partner, New York

Biography

Overview

Jennifer Glasser is a partner based in New York and a member of the Firm's top-ranked International Arbitration group.

Jennifer represents corporate and sovereign clients across the globe in international arbitrations and international dispute resolution. She is an experienced oral advocate who has helped her clients win victories valued in excess of US$1 billion in commercial and investment treaty arbitrations. Jennifer has also helped her clients settle complex international disputes amicably through negotiation and mediation, as well as advising clients in connection with US court proceedings related to international arbitration (e.g., injunctions, enforcement and recognition, discovery).

As a member of the Firm's Energy Transition Focus Group, Jennifer works with clients to mitigate risks and resolve disputes across the power supply chain arising out of the energy transition.

Jennifer's experience extends to all of the major arbitral rules and a wide range of industries and areas, including technology, power, energy, mining, joint ventures, financial services, luxury and consumer goods, pharmaceuticals/life sciences, and licensing and patent disputes.

Jennifer frequently speaks and publishes on hot topics in international arbitration. She is the co-editor of The CPR Corporate Counsel Manual for Cross-Border Dispute Resolution. She currently chairs the Arbitration Committee of the International Institute for Conflict Prevention and Resolution (CPR) and serves on CPR's Advisory Counsel, Cybersecurity Task Force and Task Force on Virtual Hearings. She recently served on a Task Force of the International Council for Commercial Arbitration that published Guidelines on Standards of Practice in International Arbitration.

Jennifer's international arbitration career began almost two decades ago when she worked as an arbitration paralegal based in the Firm's Paris office. Before private practice, Jennifer clerked for Judge Koen Lenaerts at the European Court of Justice in Luxembourg and interned at the Secretariat of the International Chamber of Commerce (ICC) in Paris.

Bars and Courts
New York State Bar
Education
JD
University of Michigan Law School
BA
Northwestern University
Université de Paris IV (La Sorbonne)
Languages
English
French

Experience

Jennifer's recent experience includes:

Power & Energy

  • Successful defense of Eastern Europe state in two investment treaty arbitrations arising out of electricity sector investments (renewables generation; distribution; supply); more than €700 million in dispute
  • Defense of Eastern European state in ICSID arbitration under the Energy Charter Treaty arising out of an investment in a photovoltaic generation plant; award pending
  • Successful representation of a Brazilian rig operator in an ICC arbitration seated in New York and governed by New York law against its former minority shareholder in relation to an offshore drilling joint venture. Several important procedural victories enabled our client to close its more than US$1 billion bet-the-company debt restructuring
  • Representation of a LNG distributor on price adjustment clause dispute subject to New York law

Technology

  • Representation of Japanese multinational technology company in an ICC arbitration seated in New York and governed by New York law relating to patent ownership and breach of contract claims. Concluded by amicable settlement following early procedural victories
  • ICDR arbitration, governed by New York law and seated in New York, concerning performance of sapphire furnaces in South-East Asian high-tech zone. Secured complete victory for our client
  • Represented Toshiba in an ICC arbitration relating to the sale of its US$18 billion memory chip business. Achieved a procedural victory that allowed the sale to close and the disputes to settle
  • Represented US technology corporation in ICC arbitration seeking indemnification for design defects by sub-contractor in connection with government defense contract
  • ICC arbitration relating to the development and rollout of an ERP software solution purchased by a leading advertising and multimedia communications group. Concluded by amicable settlement following merits hearing
  • Three related ICC arbitrations involving a chemical manufacturing joint venture and trade secret issues with more than US$1 billion in dispute

Financial Services

  • Representation of leading American insurance and pension company in ICSID arbitration arising out of Argentina's nationalization of its private pension system; award pending
  • Advise multinational insurance and pension company on potential investment treaty claims in connection with pension reforms in Chile
  • FINRA arbitration under New York law defending multinational investment bank against breach of contract claims relating to a structured financial product; over US $200 million in dispute. Majority of damage claim rejected in final award

Mining

  • ICC arbitration in New York under Pennsylvania law involving breach of contract claims relating to development and operation of a tungsten mine in Brazil
  • Representation of mining companies based in Canada and Jersey in an ICSID arbitration concerning gold and copper mining projects in Eastern Europe; award pending

Licensing and Distribution

  • Representation of leading Brazilian luxury goods distributor in ICC arbitration in New York governed by New York law relating to claims for wrongful termination of long-term exclusive distribution and license contract; award pending
  • Advise Fortune 500 life sciences company on a potential dispute arising out of the termination of a license and joint development contract for a pharmaceutical product

Other

  • Representation of leading Brazilian luxury goods distributor in ICC arbitration in New York governed by New York law relating to claims for wrongful termination of long-term exclusive distribution and license contract; award pending
  • Representation of AAA as amicus curiae in US Supreme Court case regarding preconditions to investment arbitration
Speaking Engagements

Moderator, Navigating Virtual Hearings in the Age of Covid-19, ABA Section of Dispute Resolution (Webinar, 2020)

Panelist, Simulation: Expert Hot-Tubbing, Fordham International Arbitration and Mediation Conference (New York, 2019)

Panelist, The Future of ADR, CEDR/CPR European Conference at Swiss Re on Business Dispute Management (London, 2019)

Panelist, Navigating the New Cybersecurity and Data Privacy Landscape (Toronto, 2018)

Panelist, Compliance with Local Law Clauses and Original Intent – A Natural or Problematic Evolution?, 12th Annual Investment Treaty Arbitration Conference (Washington, DC, 2018)

Speaker, CPR Y-ADR Annual Year in Review Event (New York, 2017)

Panel on drafting ADR clauses and planning for cross-border disputes, Book launch event for The CPR Corporate Counsel Manual for Cross-Border Dispute Resolution (New York, 2017)

Panel on "Arbitration Agreements: Which Law Applies and Why Is it Important?", CPR Canada Regional Meeting (Toronto, 2017)

Publications

ICCA's Guidelines on Standards of Practice in International Arbitration, 2021 (co-secretary of Task Force that prepared Guidelines)

CPR's Annotated Model Procedural Order for Remote Video Arbitration Proceedings, 2020 (revised 2021) (member of Task Force)

Denying Investment Protection to Unlawful Investments: An Acceptable Instance of Arbitrator-Made Law in Investment Arbitration, in Investment Treaty Arbitration, Volume 12, 2019

The CPR Corporate Counsel Manual for Cross-Border Dispute Resolution, CPR, 2017 (co-editor with Ank Santens; author of chapter on Multi-Party and Multi-Contract Arbitration Clauses)

Incentives for Outside Counsel to Embrace Dispute Resolution Options, Inside Counsel, June 2015

District Court Rejects Use of Section 1782 In Aid of ICC Arbitration, Mealey's International Arbitration Report, September 2011 (with Mark Beckett and Marc Suskin)