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Jones Day

Andrew Ness

Tel:
Work +1.202.879.7675
Email:
Web:
www.jonesday.com
Jones Day

Work Department

Global Disputes.

Position

Andy Ness assists owners and contractors with troubled projects, resolving complex construction and engineering-related problems without need for formal dispute resolution whenever practicable.
In litigated matters, he has served as lead counsel on a wide variety of highly complex, major construction disputes that were resolved in federal and state courts and via domestic and international arbitrations. His expertise extends to a very broad range of industrial, commercial and infrastructure projects, encompassing a wide variety of contracting structures as well as U.S. Government contracts. Geographically these projects have been in over 30 U.S. states and 20 other countries.
Andy also has extensive experience in resolving disputes through the use of mediation and other alternative dispute resolution techniques, and he has drafted and negotiated design, EPC, and construction contracts for a wide range of major projects around the world. Andy frequently serves as an arbitrator and Dispute Review Board member for major projects. 

Career

Partner, Jones Day (2011-present). Prior positions: Judicial Law Clerk, Hon. Robert F. Peckham, Chief Judge, U.S. District Court, Northern District of Calif. (1977-78); Associate and Partner, Lewis, Mitchell & Moore (1979-1987); Partner, Morgan Lewis & Bockius LLP (1987-1999); Partner and Washington D.C. Office Managing Partner, Thelen, Reid & Priest LLP (2000-2008); Partner, Howrey LLP (2008-2011).

Languages

English

Member

Fellow, American College of Construction Lawyers (Board of Governors, 2015-18); ABA Forum on Construction Law (Past Chair, 2012-13).

Education

Harvard University (J.D. magna cum laude 1977; Articles Editor, Harvard Journal on 
Legislation); Stanford University (B.S. in Electrical Engineering with distinction 1974; Tau
Beta Pi).

Leisure

Hiking, Bicycling & Yoga


United States: Dispute resolution

International arbitration

Within: International arbitration

Headline work at Jones Day included representing World Wide Minerals in treaty claims brought against the Republic of Kazakhstan, acting for Alhambra Resources in an ICSID arbitration against the Republic of Kazakhstan concerning claims arising from a gold mining operation, and representing Visor Capital in an ICSID arbitration against the Republic of Uzbekistan relating to investments made in the Uzbek cement industry. In Washington DC, Baiju Vasani, Melissa Gorsline, Andrew Ness and Gregory Shumaker are noted, while Steven Smith, Stephen O’Neal, and recently promoted partner Marcus Quintanilla are key names in San Francisco. Thomas Lynch is a key contact in New York.

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United States: Real estate

Construction (including construction litigation)

Within: Leading lawyers

Andrew Ness - Jones Day

Within: Construction (including construction litigation)

Jones Day provides a ‘very good, responsive and cost-effective’ service and is well known for its expertise in arbitration for large-scale construction disputes and for transactional assistance with some of the largest and most prominent infrastructure projects in the world. The team was active in the oil and gas sector in 2017, with San Francisco-based Stephen O’Neal notably representing the Chevron group in an UNCITRAL arbitration in Perth, Australia in a $1bn dispute regarding the construction of a jetty on Barrow Island, Australia. O’Neal also successfully defended a multinational oil and gas client against claims of over $200m in connection with a pipeline project off the coast of Africa. Andrew Ness splits his time between Saudi Arabia and Washington DC and has assisted Saudi Aramco with a variety of construction issues, including construction contracts and disputes. The firm works for owners and contractors, including global developers, and has a client list that includes AECOM, Yokohama and Transbay Joint Powers Authority.

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Legal Developments by:
Jones Day

  • US rules regarding offshore accounts

    The Hiring Incentives to Restore Employment Act 2010, enacted on 18 March 2010, imposes a new US withholding tax and reporting regime, known as the Foreign Account Tax Compliance Act (FATCA). The FATCA regime applies generally to payments made after 31 December 2012, except on obligations (to be defined in future guidance) outstanding on 18 March 2012. Substantial effort is required by foreign entities to bring their worldwide operations and policies into compliance with the FATCA rules as of the effective date.

    - Jones Day

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