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Jones Day

Andrew Ness

Work +1.202.879.7675
Jones Day

Work Department

Global Disputes.


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. 


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).




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


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).


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United States: Dispute resolution

International arbitration

Within: International arbitration

Recent standout matters for the team at Jones Day include representing World Wide Minerals and Alhambra Resources in two separate ICSID arbitrations against the Republic of Kazakhstan, and representing Omega in a $100m ICSID claim against the Republic of Panama under the US-Panama BIT. The department is headed by Washington DC-based Gregory Shumaker and includes Melissa Gorsline and Andrew Ness, also in Washington DC, as well as San Francisco-based Steven L. Smith and Stephen V. O’Neal. Also recommended are Marcus S. Quintanilla, who splits his time between San Francisco and Mexico City, and Thomas Lynch, who is based in the firm's New York office.

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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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