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Jennifer Morrison Ersin

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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.

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On May 8, the Second Circuit held that the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards trumps a Louisiana state law barring arbitration of insurance disputes in a pair of cases, Certain Underwriters at Lloyds, London et al. v. 3131 Veterans Blvd. LLC and Certain Underwriters at Lloyds, London et…

The Fifth Circuit ruled that Baker Hughes Saudi Arabia and Dynamic Industries, Inc., could be compelled to arbitration in a forum that no longer exists. In doing so, the court ruled that the parties’ “dominant purpose was to arbitrate generally,” which mandated that the court compel arbitration, if at all possible.

The underlying dispute between…

A U.S. federal district court refused to compel arbitration in a contractual dispute concerning the supply of materials, products, and services for an oil and gas project being performed by defendants in Saudi Arabia. The parties’ agreement provided for arbitration under the now-defunct Dubai International Financial Center London Court of International Arbitration Rules (DIFC- LCIA).…

The Eleventh Circuit Court of Appeals issued a decision last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures.  The case involves an international arbitration before the International Chamber of Commerce (ICC) stemming from the design and construction of the Panama Canal expansion, which was “severely delayed and…

If you’ve ever seen the popular film Goodfellas, you might have heard of the infamous Racketeer Influenced and Corrupt Organizations Act. It’s usually referred to by its acronym, “RICO,” and was designed to punish a laundry list of criminal conduct such as “gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in…

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…