Jennifer Glasser
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 secured victories valued in excess of US$1 billion in commercial and investment treaty arbitrations, earning her recognition as a Future Leader in Who's Who Legal Arbitration (2023).
Jennifer has also helped her clients settle complex international disputes amicably through negotiation and mediation, as well as advising clients on US court proceedings related to arbitration, contract negotiations, and foreign investment political risk mitigation (e.g., political risk insurance, structuring to benefit from treaty protection). Jennifer has also acted as arbitrator.
Jennifer's experience extends to all of the major arbitral rules and a wide range of industries and areas, including technology, energy, financial services, joint ventures, luxury and consumer goods, and pharmaceuticals/life sciences.
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 New-York based International Institute for Conflict Prevention and Resolution (CPR) and serves on CPR's Advisory Counsel, with prior stints on CPR's Cybersecurity Task Force and Task Force on Virtual Hearings. She is also a member of the North American Steering Committee of the Campaign for Greener Arbitration. Jennifer recently served on a Task Force of the International Council for Commercial Arbitration that published Guidelines on Standards of Practice in International Arbitration.
Before entering private practice, Jennifer clerked for Judge Koen Lenaerts at the European Court of Justice as part of the US Department of State's prestigious Dean Acheson Legal Stage Program.
Experience
Jennifer's recent experience includes:
Technology
- 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
- 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
Power & Energy
- 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 owner of LNG plant in Africa in construction arbitration under the AAA/ICDR Rules (New York law, New York seat)
- Representation of a LNG distributor on price adjustment clause dispute subject to New York law under the AAA/ICDR Rules
- 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
Financial Services & Insurance
- 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
- Advised insurer on sovereign immunity and award enforcement risk in relation to a renewable energy project in Africa
- Representation of an insurer in a dispute arising out of MTBE liability. Complete victory for client on the basis of a notice defense
- Advise US investment bank on M&A fee dispute in technology transactions space and potential mediation and ICDR arbitration under New York law
- 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 a Latin American country
Aerospace
- Advised leading American aviation company in emergency arbitration (injunction) and arbitration initiation filings that led to amicable resolution of satellite ownership dispute
- Sole arbitrator in ICC arbitration (NY law, NY seat) relating to claim for breach of aircraft engine lease agreement
Manufacturing, 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 pre-dispute strategy in relation to a potential ICC arbitration arising out of the termination of a license and joint development contract for a pharmaceutical product
- Advise leading automotive parts manufacturer in dispute with OEM under Michigan law relating to the termination of a long-term supply contract and shut-down of dedicated manufacturing facility
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
Other
- Representation of AAA as amicus curiae in US Supreme Court case regarding preconditions to investment arbitration
Panelist, The State of Arbitration in Africa and the Prospects for "Africanization," NY-Africa Arbitration Day (New York, 2023)
Panelist, Can Chicago Become a Major Seat for International Arbitration? CPR Chicago Regional Meeting (Chicago/Hybrid, 2023)
Speaker, Africa in the Moot Educational Series, The Art of Oral Advocacy (Virtual, 2023)
Moderator, Corporate Counsel Roundtable: Managing Risk in the Evolving ESG Landscape, CPR Annual Meeting (New Orleans, 2023)
Moderator, Arbitration & Politics, GAR Live Women in Arbitration (London, 2022)
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 "Arbitration Agreements: Which Law Applies and Why Is it Important?", CPR Canada Regional Meeting (Toronto, 2017)
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)
