Jonathan J. Tompkins is counsel in the International Arbitration and Litigation practices.

Jonathan serves as counsel in high-value international disputes before international courts, international arbitration tribunals, and courts in the United States in a variety of sectors, including pharmaceuticals, oil and gas, construction, nuclear, commodities, mining, telecoms and private equity.  He has extensive experience representing parties in international and U.S. domestic arbitrations under various institutional rules, including inter alia the International Court of Arbitration of the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), the American Arbitration Association and International Centre for Dispute Resolution (AAA/ICDR), Arbitration Institute of the Stockholm Chamber of Commerce (SCC), and the ICSID Arbitration Rules.

He also has extensive experience in representing parties in post-award U.S. enforcement proceedings with respect to both commercial and investment treaty arbitration.  His experience also includes general commercial litigation, reinsurance disputes, multi-jurisdictional investigations, securities actions and other matters before state and federal courts.

Jonathan also regularly provides transactional and pre-dispute advice to clients on a wide range of issues such as the construction of arbitration clauses in commercial contracts, third-party funding, risk analysis, and sovereign immunity.

He was recognized in September 2018 by Euromoney Institutional Investor’s Legal Media Group as a Rising Star with the distinction of ‘Best in Commercial Arbitration’.

International Arbitration

• A Middle Eastern businessman and corporate conglomerate in an ICC arbitration in Geneva related to the dissolution of a long-standing family partnership. The law of a Gulf State applies. Billions of dollars are at stake.
• Turkish contractor Enka Insaat ve Sanayi AS in an ICC arbitration in London against U.S. insurance group Chubb. The dispute concerns claims filed before Russian courts by Chubb, in breach of an arbitration agreement, in relation to a fire at a power plant in which our client was building equipment. $400 million at stake.Led to ground-breaking decision by the UK Supreme Court in October 2020 on the issue of how the governing law of an arbitration agreement is to be determined when the law applicable to the main contract differs from the law of the seat.
• The Dow Chemical Company in an ICC arbitration in London against Petrochemical Industries Company (PIC) arising out of the failure of the latter to close a large joint venture transaction. English law applied. Dow was awarded more than $2.47 billion.
• A French-German consortium in an ICC arbitration in Stockholm against a Finnish utility company. The dispute arose from an agreement for the construction of a nuclear power plant in Finland. Finnish law governed. Over €6.1 billion was at stake.
• Latin American investment companies and two individuals as Claimants in an ICC arbitration in Paris against a major European telecommunications company. The dispute related to the breach of a settlement agreement that was previously entered into by the parties in relation to multiple claims brought in several litigation proceedings. Brazilian law applied. Over $15 billion was at stake.
• Essar Global Fund Limited in an ICC arbitration in New York brought by Travis Coal Restructured Holdings arising out of the former’s alleged failure to pay under a corporate guarantee. New York law governed. USD hundreds of millions in dispute.
• Egyptian General Petroleum Corporation and Egyptian Natural Gas Holding Company in recognition and enforcement proceedings before the U.S. District Court for the District of Columbia, brought by East Mediterranean Gas S.A.E. following an arbitral award issued by a Swiss-seated ICC tribunal.
• The former majority shareholders of Yukos Oil Company in recognition and enforcement proceedings before the U.S. District Court for the District of Columbia against the Russian Federation, following a series of arbitral awards rendered pursuant to the ECT.
• Tata Sons Ltd., as award debtor, in proceedings brought before U.S. courts by Japanese telecoms company NTT DoCoMo to seek enforcement of a $1.17 billion award rendered in an LCIA arbitration.
• A NASDAQ-listed Mauritian company and its Malaysian subsidiary in post-arbitration enforcement discussions involving multiple SIAC arbitration awards.

Domestic Arbitration

• A North American agro-sciences company as Claimant and counterclaim Respondent in AAA arbitration in Illinois against a plant breeding company regarding the alleged breach of a collaborative research and development agreement. Approximately $400 million was at stake. Illinois law applied.

Litigation

• A large reinsurance company and its subsidiaries in both negotiations and disputes in multiple jurisdictions relating to, inter alia, re-negotiations and possible breaches of its reinsurance treaties with life insurers.
• An Australian and New Zealand Bank in proceedings to obtain documents and testimony through 28 U.S.C. § 1782 proceedings in multiple jurisdictions throughout the U.S.
• An Italian energy conglomerate on issues of potential breaches of a stock purchase agreement by Brazilian State entities.
• A Middle Eastern businessman in a New York Federal Court litigation related to computer fraud and abuse in connection with a long-standing family dispute and commercial arbitration.
• A U.S. officer of a steel subsidiary of an Indian multinational corporation in a breach of fiduciary duty action in Delaware federal court.
• German automotive company on issues of subsidiary risk and alter-ego/veil piercing liability.
• A U.S. medical devices company in litigation in the Southern District of New York against a competing pharmaceuticals and medical devices company arising out of the alleged breach of a merger agreement. Indiana law governed, and over US$ 5.0 billion is in dispute.
• A U.S. medical devices company in securities and ERISA litigations in the District Court of Massachusetts against a competing pharmaceuticals and medical devices company.
• Two U.S. financial institutions in a securities class action litigation in the Southern District of New York arising out of Bank of America’s purchase of Merrill Lynch.
• A German corporation in a contract dispute in the Southern District of New York with two former partners of a joint venture formed for investments in emerging private equity markets. A successful settlement for was negotiated in 2009.
• Advising a foreign bank on its ability to obtain reimbursement of funds arising out of the Bernard Madoff scandal.

Compliance and Anti-Corruption Investigation

• Acting as Monitorship counsel on behalf of the U.S. Department of Justice in an FCPA investigation of a global diversified technology and industrial company.
• Acting as counsel to a Swiss telecommunications company in a dispute over various contracts alleged to have been procured by means of corruption.

Pro Bono

• Contributor to the World Bank Group's Doing Business Report 2021, topic: enforcing contracts (commercial litigation) in New York and California.
• Contributor and drafter of briefing sheets for Volunteer Lawyers for the Arts, topic: right of publicity in New York.
• Lead counsel to the Public International Law & Policy Group (PILPG) in drafting memoranda and providing advice in respect of international criminal law issues relating to ISIS’ treatment of the Yazidi people.
• Counsel assisting Lawyers without Borders (LWOB) in drafting memoranda and providing advice in respect of legal issues involving illegal animal poaching and trafficking efforts affecting Tanzania; Primary contributor and co-author of “Tanzania CEASE: Wildlife Crime Program – Support Through Trial Advocacy Training Resource Manual, Dar es Salaam, Tanzania”
• Counsel to Mexican woman who was the victim of spousal abuse and sought U-Visa non-immigrant status in the United States.
• Counsel assisting Lawyers without Borders (LWOB) with a project to bring legal expertise to the government of Liberia.
• Counsel to an individual in a New York Housing Court dispute.
• Immigration assistance, including ICE detention and immigration status, through Legal Aid Society
• Counsel to the School for Language and Communications Development, a school assisting children with language and autism spectrum disorders.

Professional Affiliations

• Acting Member, Arbitration Committee of the International Bar Association (IBA)
• Affiliate Member, Arbitration Committee of the New York City Bar Association (NYCBA)
• Member, LCIA North American Users’ Council
• Member, American Bar Association
• Member, NYCLA
• Member, NYIAC
• Member, ICDR Young & International
• Former Lecturer/Instructor, “Civil Litigation in the United States” and “Legal Research,” Universität Bonn (Spring 2012)
• Arbitrator, Willem C. VIS International Commercial Arbitration Moot Court (2012), Philip C. Jessup International Law Moot Court Competition (multiple years between 2008 and present)

Publications

• Stay of Enforcement of ICSID Awards, Jus Mundi, last updated 3 September 2020, available at https://jusmundi.com/en/document/wiki/en-stay-of-enforcement-of-icsid-awards.
• There is no impending crisis: a look beyond the Sixth Circuit’s decision to permit Section 1782 discovery for use in international commercial arbitration, Arbitration International, 24 April 2020, aiaa006, https://doi.org/10.1093/arbint/aiaa006
• “Manifest Disregard of the Law”:the continuing evolution of an historically ambiguous vacatur standard, Dispute Resolution International 2018 DRI 145 (Vol 12, No 2).
• Section 1782 Appeals Receive Stricter Scrutiny in SDNY, Law360 Expert Analysis (November 6, 2018).
• Arbitrator Appointment Procedures of Arbitral Institutions in Commercial Arbitrations, Committee on Arbitration of the New York City Bar Association, April 2018 (contributing author – LCIA section), available at http://s3.amazonaws.com/documents.nycbar.org/files/2017366-Appointment_Procedures_Commercial.pdf.
• Breaking the Seal:The Loss of Confidentiality Protections in Arbitral Award Recognition and Enforcement Proceedings, Law360 Expert Analysis (February 27, 2017).
• “Tanzania CEASE: Wildlife Crime Program – Support Through Trial Advocacy Training Resource Manual, Dar es Salaam, Tanzania,” Lawyers without Borders (LWOB), 2017 (primary contributor and co-author)
• RTO Update: Panda Power Sues Ercot Over Capacity Forecasts, Vol. 1, Issue 2 (2016), available at http://www.shearman.com/en/newsinsights/publications/2016/05/energy-update-articles/panda-power-sues-ercot-over-capacity-forecasts.
• Opportunity Knocks, but the SEC Answers: The Manipulation of Stock Options Through the Spring-Loading of Grants and Rule 10b-5, 26 Wash. U. J.L. & Pol’y 413.

Speaking Engagements

“Appointment and Disqualification of Arbitrators: IBA Guidelines on Conflicts of Interest, Arbitral Rules, and Recent Developments,” Continuing Legal Education course presented to the Global International Arbitration practice at Shearman & Sterling, Paris, March 1, 2012 (Speaker)

Accolades

Rising Star: Winner of ‘Best in Commercial Arbitration’, Euromoney Institutional Investor—Legal Media Group (September 2018)