Overview
Jaime M. Crowe, based in Washington DC, is Of Counsel in the International Arbitration and Complex Litigation and Arbitration practices of leading global law firm Paul Hastings.
Mr. Crowe is a seasoned, client-focused advocate with extensive experience in all phases of complex, high-stakes international arbitration and U.S. litigation proceedings. Mr. Crowe began practicing international arbitration more than 25 years ago when he defended the Republic of Costa Rica in the first case against a Latin American state before the Centre for the Settlement of Investment Disputes (ICSID). The dispute related to the value of property expropriated for incorporation into a national park. Since then, Mr. Crowe has represented sovereigns, private parties, and witnesses in arbitration proceedings before ICSID, the Permanent Court of Arbitration (PCA), the International Chamber of Commerce (ICC), and the American Arbitration Association (AAA), as well as ad hoc proceedings. His background within the sector includes financial services and banking, infrastructure and energy, real estate and mining, and more.
Mr. Crowe also has experience litigating antitrust, securities, intellectual property, and other civil and criminal cases before courts and agencies in the United States, at both the trial and appellate levels. In one of the earliest so-called “reverse-payment” cases, he defended a generic pharmaceutical company accused by the Federal Trade Commission of conspiring with a branded pharmaceutical company to delay generic entry in violation of U.S. antitrust laws. More recently, he defended a foreign issuer in a putative securities class action that raised novel issues regarding the application of U.S. securities laws to unsponsored American Depositary Receipts and the adjudication by a U.S. court of foreign securities claims. In that case, Mr. Crowe helped defeat class certification and obtain summary judgment in favor of the foreign issuer. Mr. Crowe’s U.S. litigation practice has focused mainly on defending foreign companies, including in class action litigation, and helping them understand and navigate the complex landscape of U.S. litigation.
As a bilingual attorney, Mr. Crowe has extensively utilized his fluency in Spanish in both international arbitration and U.S. litigation proceedings, including in reviewing and preparing submissions, presenting arguments and examining fact and expert witnesses.
In addition to his representation of clients in complex international arbitration and U.S. litigation proceedings, Mr. Crowe has demonstrated his strong commitment to pro bono representation over the years, by representing several clients seeking asylum in the United States.
Representations
International Arbitration
- Representation in International Chamber of Commerce (ICC) International Court of Arbitration of European financial services company with contract claims against government agency of Latin American sovereign
- Representation in Permanent Court of Arbitration (PCA) proceeding of European financial services company with investment treaty claims against Latin American sovereign based on sovereign’s uncompensated total takeover of investor’s financial services business; adduced evidence that sovereign manufactured investor liabilities to reduce compensation to investor; award pending
- Representation in PCA arbitration of Middle Eastern energy company with investment treaty claims against Latin American sovereign based on sovereign’s renunciation of tax benefits that sovereign previously extended to investor’s subsidiary
- Representation in International Centre for the Settlement of Investment Disputes (ICSID) arbitration of TECO Guatemala Holdings with investment treaty claims against Republic of Guatemala arising from TECO’s investment in an electricity distribution company; obtained award for violation of investment treaty and for costs
- Representation in ICSID (Additional Facility) arbitration under the Canada-Venezuela investment treaty of Canada’s Gold Reserve Inc. with claims relating to one of the world’s largest undeveloped gold / copper deposits; Gold Reserve awarded US$740 million
- Representation in ICSID arbitration of Republic of the Philippines against claims brought by Germany’s Fraport AG Frankfurt Airport Services Worldwide relating to Fraport’s concession to construct and operate airport terminal in Manila; investor’s clams dismissed in their entirely
- Representation in ICSID arbitration of Republic of Chile in case brought by Malaysia’s MTD relating to real estate development project outside Santiago, and investor’s failure to comply with applicable regulations
- Representation in ICSID arbitration of Republic of Costa Rica in claims brought by Compañía de Desarrollo de Santa Elena S.A. in dispute relating to compensation following expropriation of real property for purposes of environmental conservation
- Representation in ICSID arbitration during jurisdictional phase of private investor with claims against Republic of Paraguay; tribunal found jurisdiction
- Advised Latin American sovereign in ICSID arbitration brought by investor claiming expropriation of assets during period of political turmoil
U.S. Domestic Litigation
- Representation of Japanese issuer in securities class action alleging that issuer violated U.S. and Japanese securities laws; secured initial dismissal of claims on grounds that Exchange Act does not apply extraterritorially; subsequently succeeded in opposing class certification; court granted summary judgment on both U.S. and Japanese law claims
- Representation of Norwegian parcel tanker company Stolt-Nielsen in landmark criminal case brought by DOJ’s Antitrust Division; after a three-week evidentiary hearing, district court dismissed indictment against Stolt-Nielsen
- Representation of Stolt-Nielsen and other defendants in securities class action based on failure to disclose antitrust violations; prevailed in initial motion to dismiss; subsequently secured stay of discovery pending resolution of criminal action; helped secure favorable settlement
- Representation of Panasonic Corporation before ITC in trade dispute regarding patents for semiconductor chips; favorable settlement obtained
- Representation of generic pharmaceutical company Upsher-Smith Laboratories, Inc. in administrative proceeding brought by FTC accusing Upsher-Smith of antitrust violations for settling patent-infringement litigation brought by branded pharmaceutical company Schering-Plough; Eleventh Circuit upheld ALJ verdict in favor of Upsher-Smith; U.S. Supreme Court declined to review on certiorari
- Representation over several years of Upsher-Smith during all phases of complex class action in federal court following FTC administrative complaint; helped secure favorable settlement
- Representation of Canadian lumber manufacturers Northern Sawmills, Inc. and Buchanan Lumber Sales, Inc. in products liability action in Illinois state courts; obtained ruling from Appellate Court of Illinois that Illinois state courts lacked personal jurisdiction over Canadian defendants
- Representation of Chinese glass manufacturer Xinyi Group Glass Co., Ltd. in defense of third-party action arising from multimillion dollar nationwide class action; successfully argued that federal court lacked personal jurisdiction over Xinyi and secured dismissal of third-party action
- Representation of telecommunications company Vertex Telecom, Inc. in contract dispute with service provider XO Communications; obtained temporary restraining order and later preliminary injunction in favor of client; successfully opposed defendant’s motion to dismiss; obtained dismissal of XO’s counterclaims; helped secure favorable settlement
- Representation in Dee-K Enterprises, Inc. v. Heveafil Sdn. Bhd. of Southeast Asian companies accused of price-fixing in violation in U.S. antitrust laws; successfully opposed class certification and obtained favorable jury determination subsequently affirmed by Fourth Circuit; U.S. Supreme Court declined to review on certiorari
Matters may have been handled prior to joining Paul Hastings.
Involvement
Pro Bono
- Representation of LGBTQ+ asylum applicants before the United States Citizenship and Immigration Services (USCIS) and immigration court
- Representation in federal trial of inmate with claims against the Commonwealth of Virginia under Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA)
- Representation of foster parents in contested adoption