Photo of Jennifer Ersin

Jennifer Morrison Ersin focuses her practice in international disputes. She advises clients in international investment and commercial arbitrations across a range of sectors. She has acted in proceedings governed by the rules of arbitration of the International Chamber of Commerce (ICC), United Nations Commission on International Trade Law (UNCITRAL), American Arbitration Association (AAA), and International Centre for Settlement of Investment Disputes (ICSID). Jennifer has acted in arbitrations seated in jurisdictions around the world, and is a fellow of the Chartered Institute of Arbitrators (FCIArb).

Her experience includes advising clients on federal government construction contracts disputes, and arbitrating construction, energy, and agribusiness matters. She also has extensive experience handling matters that arise from municipal infrastructure projects.

Jennifer has particular experience in acting in disputes involving sovereign states. She has most recently represented contractors against sovereign employers including Libya and Ethiopia. This experience extends to counseling contractors on how to best exit high-conflict states, including Libya and Afghanistan.

Jennifer is also adept at handling matters before U.S. courts, particularly where those matters include an international element or a foreign party. She is able to assist foreign clients in Section 1782 discovery actions and enforcement actions.

What did the Court decide?

The United States Supreme Court resolved a split among the federal appeals courts on the question of whether private international arbitration tribunals can be considered to be either “foreign” or “international” tribunals for purposes of a federal statute, 28 U.S.C. § 1782, which permits discovery from persons located in the