Andrew B. Loewenstein

Andrew Loewenstein focuses on public international law as well as investor-State arbitration and international commercial disputes. He has particular expertise advising governments, corporations, and non-governmental organizations on international legal matters.

Andrew's work involves international boundary disputes, the U.N. Convention on the Law of the Sea, international investment law and investor-State disputes, international environmental law, and international human rights and humanitarian law.

Andrew frequently represents sovereign States before the International Court of Justice (the “World Court”) in The Hague, the World Bank’s International Centre for Settlement of Investment Disputes (ICSID), the Permanent Court of Arbitration (PCA), and U.S. domestic courts under the Foreign Sovereign Immunities Act (FSIA). Andrew also represents clients in court actions relating to the enforcement of international arbitration agreements and awards under the New York Convention, enforcement of foreign court judgments, and in obtaining discovery in the United States in aid of foreign proceedings, pursuant to 28 U.S.C. § 1782.

Related Industries

Sovereign States

Related Practices

Education

Georgetown University Law Center, J.D., cum laude
London School of Economics, M.Sc.
Brown University, A.B., magna cum laude, Phi Beta Kappa, with honors in Political Sciences

Bar and Court Admissions

BAR ADMISSIONS

Massachusetts

COURT ADMISSIONS

U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Tenth Circuit
U.S. Court of Appeals for the District of Columbia Circuit
U.S. District Court for the District of Massachusetts
U.S. District Court for the District of Columbia

Experience

INTERNATIONAL COURT OF JUSTICE AND OTHER INTER-STATE DISPUTE RESOLUTION PROCEDURES

Represented the Republic of The Gambia before the International Court of Justice in the Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar) in asserting claims for violation of the Genocide Convention in regard to the Rohingya people of Myanmar.
Represented the Republic of Mauritius before the International Court of Justice in connection with the UN General Assembly’s Request for an Advisory Opinion concerning the Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965.
Represented the Republic of Guyana before the International Court of Justice in the Case Concerning the Arbitral Award of 3 October 1899 (Guyana v. Venezuela), a case to confirm the validity of the arbitral award that established Guyana’s boundary with Venezuela.
Represented the Republic of Nicaragua before the International Court of Justice in the Case Concerning Construction of a Road in Costa Rica (Nicaragua v. Costa Rica) in asserting claims for environmental damage caused by Costa Rica’s construction of a highway adjacent to the San Juan River.
Represented the Republic of Georgia before the International Court of Justice in the Case Concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russia) in asserting claims against Russia for ethnic cleansing and other forms of ethnic violence in South Ossetia and Abkhazia.
Represented the Oriental Republic of Uruguay before the International Court of Justice in the Case Concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay) in defense of allegations that construction and operation of pulp mills near the international border with Argentina violate international environmental obligations.
Represented the Republic of Ecuador before the International Court of Justice in the Case Concerning Aerial Spraying Along the Border (Ecuador v. Colombia) concerning environmental damage and related human rights claims caused by Colombia’s spraying of herbicides near the international border.
Represented the Republic of Nicaragua before the International Court of Justice in the Case Concerning Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) in a dispute with Costa Rica over territorial sovereignty and allegations regarding breach of international environmental law in relation to dredging of the San Juan River.
Represented Equatorial Guinea in litigation against Gabon before the International Court of Justice in the Case Concerning Land and Maritime Delimitation and Sovereignty Over Islands.
Represented the Republic of the Philippines in an arbitration against the People’s Republic of China under Annex VII of the U.N. Convention on the Law of the Sea concerning maritime rights and entitlements in the South China Sea and the unlawful construction of artificial islands.
Represented the Republic of Croatia in an ad hoc arbitration with the Republic of Slovenia facilitated by the European Commission regarding the determination of Croatia’s land and maritime boundaries with Slovenia.
Represented the Federal Republic of Nigeria in proceedings before the International Tribunal for the Law of the Sea against Switzerland under the UN Convention on the Law of the Sea concerning Nigeria’s enforcement of criminal laws regarding bunkering of fuel oil in its Exclusive Economic Zone.
Represented the Republic of Mauritius in proceedings before the International Tribunal for the Law of the Sea against the Republic of Maldives to delimit their maritime boundaries.
Represented the Republic of Ecuador in a state-to-state arbitration with the United States regarding the interpretation of the Ecuador-United States bilateral investment treaty.
Represented the Republic of Mauritius in international arbitration with the United Kingdom regarding the creation of a Marine Protected Area in the Indian Ocean before an arbitral tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea.
Represented the Republic of Guyana in international arbitration with the Republic of Suriname over the delimitation of a disputed international maritime boundary before an arbitral tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea.
Represented the Republic of Djibouti in an inter-state proceeding before the African Commission on Human and Peoples Rights concerning claims against the Republic of Eritrea in relation to the mistreatment of prisoners-of-war held by Eritrea.

INTERNATIONAL ARBITRATION

Represented the Republic of Croatia before the International Centre for Settlement of Investment Disputes in defense of claims under the Netherlands- Croatia bilateral investment treaty concerning the enactment of insolvency legislation.
Represented the Oriental Republic of Uruguay before the International Centre for the Settlement of Investment Disputes in defense of claims brought by Philip Morris International under the Uruguay-Switzerland bilateral investment treaty concerning Uruguay’s tobacco control regulations.
Represented the Republic of Ukraine in arbitral proceedings before the International Chamber of Commerce in regard to a dispute concerning a highway construction project.
Represented the Republic of Croatia in an UNCITRAL Rules arbitration in defense of claims by foreign investors under the Austria-Croatia bilateral investment treaty concerning financial regulations.
Represented the Republic of Albania in arbitral proceedings before the International Chamber of Commerce in regard to a project to construct a sewage treatment plant and related sewers for the municipality of Tirana.
Represented the Republic of Ecuador in defense of alleged claims of expropriation before the International Center for the Settlement of Investment Disputes.
Represented the Republic of Guyana in international arbitration with foreign investors before the International Centre for Dispute Resolution regarding the sale, operation, and refurbishment of an electric power plant.
Represented the Republic of Albania in annulment proceedings before the International Centre for Settlement of Investment Disputes concerning an investment arbitration award rendered under the Albania-Italy bilateral investment treaty
Represented a foreign sovereign in ad hoc international arbitration with investors over the privatization of the national electric company.
Represented a mining company in international arbitration before the International Centre for Dispute Resolution regarding the provision of electric power.
Represented a petroleum services company in international arbitration before the American Arbitration Association over the rehabilitation of an offshore oil rig.
Represented the Oriental Republic of Uruguay in an UNCITRAL arbitration concerning an iron ore mining project under the UK-Uruguay bilateral investment treaty before the Permanent Court of Arbitration.

INTERNATIONAL LITIGATION IN U.S. COURTS

Represented the Kingdom of Spain in the U.S. District Court for the District of Columbia to defend against an attempt to enforce an 112 million euro ICSID arbitral award.
Represented the Federative Republic of Brazil in the U.S. District Court for the District of Columbia in defense of claims arising out of Brazil’s extradition of a criminal defendant.
Represented the Federal Republic of Nigeria in the U.S. District Court for the District of Massachusetts to defend against an action to enforce a $600 million foreign court judgment.
Represented the Republic of Poland in the U.S. District Court for the Northern District of Illinois in defense of claims, including under the U.S.-Poland bilateral investment treaty, concerning the alleged expropriation of a holiday resort.
Represented the Kingdom of Spain in the U.S. District Court for the Southern District of New York in defense of an action to enforce under the New York Convention a 39 million euro arbitral award rendered in a Stockholm Chamber of Commerce arbitration.
Represented the Municipality of Lima in an action to set aside an arbitral award and in defense of efforts to enforce the award under the New York Convention.
Represented the Republic of Sierra Leone in the U.S. District Court for the Southern District of New York in defense of action concerning the construction of Sierra Leone’s Mission to the United Nations.
Represented the Republic of Angola in the U.S. District Court for the Southern District of Florida in a $45 million breach of contract case.
Represented the Kingdom of Spain in the U.S. District Court for the District of Columbia to defend against an attempt to enforce under the New York Convention a 53 million euro arbitral award rendered in a Stockholm Chamber of Commerce arbitration.
Represented the state-owned airline of the Republic of Tajikistan in the U.S. District Court for the District of Columbia in defense of an action under the New York Convention to enforce a $20 million arbitral award.
Represented the Republic of Angola in the U.S. District Court for the District of Columbia in defense of claims of expropriation.
Represented the Kingdom of Spain in the U.S. District Court for the District of Columbia to defend against an attempt to enforce a 64 million euro ICSID award.
Represented the Kingdom of Thailand in the U.S. District Court for the Southern District of New York in defense of mass tort claims arising from the Asian Tsunami.
Represented the Republic of Guyana in the U.S. District Court for the District of Columbia in defense of alleged breaches of the contract privatizing the country's telecommunications sector brought by the principal telecommunications provider.
Represented a foreign sovereign before the U.S. District Court for the District of Columbia in seeking, pursuant to the Federal Arbitration, vacatur of an approximately $1.4 billion ICSID Additional Facility arbitral award, and in defending against an attempt to enforce the award under the New York Convention.
Represented a foreign sovereign before the U.S. District Court for the District of Columbia to defend against efforts to have recognized and enforced, under the New York Convention, an approximately $1 billion ICSID Additional Facility arbitral award.
Represented a foreign sovereign in regard to recognition and enforcement under the New York Convention of an approximately $700 million ICSID Additional Facility arbitral award.
Represented a foreign company in defense of an action in the U.S. District Court for the District of Columbia to have an approximately $200 million UNCITRAL Rules arbitral award recognized and enforced under the New York Convention.
Represented the prevailing party in an ICC arbitration in enforcing in the U.S. District Court for the District of Massachusetts a multi-million dollar arbitral award under the New York Convention.
Represented the Republic of The Gambia in an action against Twitter to obtain discovery in the United States pursuant to 28 U.S.C. § 1782.
Represented a party to Swiss court proceeding regarding obtaining discovery in the United States pursuant to 28 U.S.C. § 1782.
Represented a party to an international litigation regarding obtaining discovery in the United States pursuant to 28 U.S.C. § 1782.

INTERNATIONAL ADVISORY MATTERS

Served as advisor and member of the delegation of the Republic of Romania to UN Commission on International Trade Law’s Working Group III on reform of the investor-state dispute settlement system.
Counseled a Latin American state regarding an international maritime boundary dispute with a neighboring state.
Counseled an island state regarding its rights and obligations with respect to marine scientific research under the UN Convention on the Law of the Sea.
Counseled a Pacific state regarding negotiations to resolve maritime boundary disputes with neighboring states.
Counseled an African state regarding the delimitation of unsettled international maritime boundaries with neighboring states.
Provided strategic advice to a Pacific state concerning efforts to establish sovereignty over islands in dispute with a neighboring state.

INTERNATIONAL HUMAN RIGHTS

Counsel for the Open Society Justice Initiative and four professors of international criminal law in an action in the U.S. District Court for the Southern District of New York challenging the constitutionality of a Trump Administration Executive Order concerning the International Criminal Court. The American Lawyer magazine name the action, which successfully obtained a preliminary injunction, one of the 15 most impactful pro bono matters of 2020.
Counsel for Saudi women’s rights activist Loujain al-Hathloul in an action in the U.S. District Court for the District of Oregon under the Alien Tort Statute and the Computer Fraud and Abuse Act against individuals and entities responsible for hacking her device, leading to her arbitrary arrest and torture.
Counsel to the Republic of Bangladesh in proceedings before the International Criminal Court concerning atrocities committed against the Rohingya people of Myanmar.
Served on the U.S. State Department's Atrocities Documentation Team, which investigated allegations of international crimes in the Darfur region of Sudan by taking witness statements from Darfuri refugees in eastern Chad. The interviews formed the basis for the State Department's declaration that the crimes in Darfur constitute genocide.
Advised a major human rights organization regarding the application of public international law to the situation in Darfur, including with respect to genocide and reparations for violations of international law.
Counseled a human rights organization regarding international criminal law, including with regard to genocide and crimes against humanity.

Publications

Adjudication of Environmental Impact Assessment Claims Before International Courts and Tribunals, in Christina Voigt (ed.), THE ENVIRONMENT IN INTERNATIONAL COURTS AND TRIBUNALS (Cambridge University Press, 2019)
Arbitrating Anti-Doping Disputes in Professional Tennis, INTERNATIONAL ARBITRATION INSIGHTS: CAS & LEX SPORTIVA (2017) (with Peter Shults)
The Approach of Counsel to Challenges in International Disputes, in Chiara Giorgetti (ed.) CHALLENGES AND RECUSALS OF JUDGES AND ARBITRATORS IN INTERNATIONAL COURTS AND TRIBUNALS (Brill/Nijhoff, 2015)
Book Review: The International Minimum Standard and Fair and Equitable Treatment (by Martins Paparinskis), GLOBAL ARBITRATION REVIEW (October 3, 2014)
Bosnia and Herzegovina v. Serbia and Montenegro, THE OXFORD COMPANION TO INTERNATIONAL CRIMINAL JUSTICE (Oxford University Press, 2009)
Divergent Approaches to Determining Responsibility for Genocide: The Darfur Commission of Inquiry and the ICJ's Judgment in the Genocide Case, JOURNAL OF INTERNATIONAL CRIMINAL JUSTICE (September 2007) (with Stephen A. Kostas)
Words Fail, THE NEW REPUBLIC (May 15, 2006)
Developments in the Foreign Sovereign Immunities Act, THE INTERNATIONAL LAWYER (Summer 2004)
Supreme Court Decides Important Foreign Sovereign Immunity Issues: Dole Food Corp. v. Patrickson, INTERNATIONAL LAW NEWS (Summer 2003) (with Janis H. Brennan)
The Foreign Sovereign Immunities Act, THE INTERNATIONAL LAWYER (Summer 2003)
The Foreign Sovereign Immunities Act and Corporate Subsidiaries of Agencies or Instrumentalities of Foreign States, BERKELEY JOURNAL OF INTERNATIONAL LAW (Spring 2001)
Judicial Review and the Limits of Prosecutorial Discretion, AMERICAN CRIMINAL LAW REVIEW (Spring 2001).
Chinese Fake Outs, FOREIGN POLICY (March/April 2001)
British Efforts to Influence Kuwaiti Domestic Policy During the Reign of Sheikh Ahmad al- Jaber, MIDDLE EASTERN STUDIES (April 2000)
Employment-Related Crimes, AMERICAN CRIMINAL LAW REVIEW (May 1999)
Beyond Russia: Interview with President Eduard Shevardnadze, BROWN JOURNAL OF WORLD AFFAIRS (Summer 1995)

Foley Hoag Publications

Publication 06/22/2022

Supreme Court Rejects Use of Section 1782 Discovery for Private Arbitration

Publication 01/11/2022

Supreme Court Set to Decide Whether Section 1782 Discovery Can Be Compelled in Foreign-Seated Arbitrations

Publication 09/28/2020

California v. Texas, the New Supreme Court, and the Future of the Affordable Care Act

Publication 06/11/2020

Supreme Court Issues Important Decision on Retroactive Effect of Amendment to Foreign Sovereign Immunities Act

Honors & Involvement

HONORS

Judge, International Championship Round, Jessup International Law Moot Court Competition (2019)
Law clerk to the Hon. William J. Holloway, Jr., U.S. Court of Appeals for the Tenth Circuit (2000-2001)
LexisNexis William Moore Federal Practice Award For Federal Legal Scholarship (National Award) (2000)
American Criminal Law Review, Managing Editor (1999-2000)
Brown Journal of World Affairs, Editor-in-Chief (1996)

INVOLVEMENT

Council on Foreign Relations, Term Member
American Society of International Law, Member
American Bar Association
- International Courts Committee, Co-Chair (2015-present)
- International Litigation Committee, Member
International Bar Association
- 2013 Annual Meeting Host Committee, Member
- Litigation and Arbitration Committees, Member
London Court of International Arbitration, Member
International Arbitration Case Law (School of International Arbitration, Queen Mary University of London), Editorial Committee Member
Boston Bar Association
- International Law Section, Co-Chair (2015-present)
- Public International Law and Human Right Committee, Co-Chair (2008-2010)

Speaking Engagements

“The Peaceful Settlement of Disputes Concerning Environmental Due Diligence Obligations Under UNCLOS,” Conference on the Law of the Sea, Korean Society of International Law, Seoul, Korea (December 2020).
Maritime Dispute Resolution Workshop, U.S.-Asia Law Institute, New York University (March 2020).
“Indirect Expropriation, Police Power, and Fair and Equitable Treatment,” October 21, 2019 (Bucharest University of Economic Studies, Bucharest, Romania)
The South China Sea Arbitration, 11 September 2019 (Seoul National University, Seoul, Korea)
The Chagos Archipelago Advisory Opinion, 10 September 2019 (Korea Maritime Institute, Seoul, Korea)
“Dispute Settlement and the International Tribunal for the Law of the Sea,” August 21, 2019 (Ministry of Foreign Affairs of the Republic of Korea, Seoul, Korea)
“Costa Rica v. Nicaragua: The International Court of Justice and the Frontiers of Valuing Environmental Impacts,” July 4, 2018 (International Union for the Conservation of Nature, Academy of Environmental Law Colloquium, Glasgow, Scotland)
“Interstate Arbitration as a Dispute Settlement Mechanism,” April 6, 2018 (Harvard Law School)
“Investor-State Dispute Settlement as a Norm Generating System,” March 31, 2018 (Harvard Law School, Symposium organized by the Harvard Journal of International Law)
“Ocean Policymaking and Marine Protected Areas in the United States, November 7, 2017 (Korea Maritime Institute, Seoul, South Korea)
“The South China Sea Arbitration,” November 6, 2017 (Korean Branch, International Law Association, Seoul, South Korea)
“Dialogue with International Law Practitioners,” October 24, 2017 (Asian African Legal Consultative Organization, United Nations, New York, NY)
“Enforcement of Arbitral Awards,” September 28, 2017 (Juris Conference, New York, NY)
“The Golden Age of International Arbitration,” September 27, 2017 (Boston Bar Association, Boston, MA)
“The South China Sea Arbitration and the Peaceful Settlement of Disputes under UNCLOS, June 20, 2017 (Global Ocean Regime Conference, Korea Maritime Institute, Seoul, South Korea)
“Crises, Schisms, and the Way Forward for International Law,” April 21, 2017, (Harvard Law School, Symposium organized by the Harvard Journal of International Law)
“Adjudicating International Environmental Disputes: Lessons from Recent Jurisprudence,” April 13, 2017 (American Society of International Law, annual meeting)
“International Investment Law and the Right to Regulate,” April 6, 2017 (Fletcher School of Law and Diplomacy, Tufts University)
“The South China Sea Arbitration,” February 10, 2017 (University of Pennsylvania School of Law)
“The 2016 Hague Decision on the South China Sea,” November 17, 2016 (Pardee School of Global Studies, Boston University)
“Storms in the South China Sea: Law of the Sea Arbitration and ‘Islands’ of Dispute,” October 21, 2016 (American Bar Association, International Law Section Fall Meeting, Tokyo, Japan)
“Asia’s Twenty-First Century Approach to Resolving International Disputes,” October 20, 2016 (American Bar Association, International Law Section Fall Meeting, Tokyo, Japan)
“The Adjudication of Claims Concerning Environmental Impact Assessment Before International Courts and Tribunals,” June 22, 2016 (International Union for the Conservation of Nature, Academy of Environmental Law Colloquium, Oslo, Norway)
“The International Court of Justice at 70,” April 14, 2016 (American Bar Association, International Law Section Spring Meeting, New York)
“Representing Sovereign States in Public International Law Disputes Before the International Court of Justice and Other Inter-State Courts and Tribunals,” April 7, 2016 (Harvard Law School)
“Early Career Tips from the Experts: Breaking into International Arbitration,” October 15, 2013 (Boston, London Court of International Arbitration, Young International Arbitrators Group)
"State-to-State Investment Treaty Arbitration: Dead End or New Frontier?," November 29, 2012 (Vale Columbia Center on Sustainable International Investment/Center for International Commercial and Investment Arbitration, Columbia Law School)
"Representing States Before International Courts and Tribunals," November 16, 2012 (Fletcher School of Law and Diplomacy, Tufts University)
"International Commercial Arbitration and Litigation," October 25, 2012 (Sloan School of Management, Massachusetts Institute of Technology)
"International Distribution Contracts: Dispute Resolution," June 7, 2012 (Massachusetts Export Center)
"Shaping Africa's Borders and International Law: African States' Delimitation of Territorial and Maritime Boundaries," April 14, 2012 (Albany Law School) (co-author with Tafadzwa Pasipanodya)
"Resolving International Commercial Disputes: The Essentials," December 5, 2011 (Massachusetts Export Expo)
“International Commercial Dispute Resolution,” December 7, 2010 (Sloan School of Management, Massachusetts Institute of Technology)
“Litigating before the International Court of Justice,” April 2, 2010 (Harvard Law School, Symposium organized by the Harvard Journal of International Law)
“Enforcing Human Rights at the International Court of Justice,” November 20, 2008 (Carr Center for Human Rights Policy, John F. Kennedy School of Government, Harvard University)
“State Liability: Enforcement of Treaty Rights Against States,” November 1, 2008 (Symposium organized by the State Chancellery of Latvia, Riga, Latvia)
“Recent Developments in Inter-State Dispute Resolution in Latin America,” September 26, 2007 (Lima, Peru)
“The Role of Amicus Briefs in International Dispute Resolution,” September 5, 2006 (Symposium organized by the State Chancellery of Latvia, Riga, Latvia)
“Darfur and Genocide, Conference in Honor of Adriaan Bos,” March 31, 2006, Vrie Universiteit (Amsterdam, Netherlands)
“The Destruction of Livelihoods and Genocide,” March 23, 2006, presentation at the International Criminal Court (The Hague, Netherlands)