Michael Evan Jaffe

Partner, Pillsbury Winthrop Shaw Pittman

Michael Evan Jaffe, a Pillsbury partner with a particular focus in arbitration, litigation and other forms of dispute resolution, is frequently recognised among the most skilled advocates in international arbitration and US litigation.

Based in Washington, DC, Michael is recognised by, among others, Chambers USA (2003–2020), Best Lawyers (published by BL Rankings LLC) (2003–2021) and Who’s Who Legal (2011–2020) for construction litigation and serves on the International Centre for Dispute Resolution’s distinguished panel of energy industry arbitration professionals. With 30+ years of experience in arbitration forums around the world and in domestic arbitration and court proceedings, Michael has acted for clients in a wide array of matters.

Michael’s representations have involved all types of construction disputes, project performance issues, partnership/joint venture issues, financing transactions, process plant issues, disputes involving petrochemical facilities (especially pipelines and other transfer facilities), roads and other infrastructure projects, as well as hospitals, sports stadiums, airports and large commercial buildings.

Representative experience

·         Tried more than 100 commercial cases in courts across the United States in the past three decades.

·         Resolved scores of disputes in numerous arbitration forums worldwide.

ICC/ICDR and other international arbitration experience

Michael has acted as an arbitrator in ICC and ICDR proceedings, including:

·         A matter that involved a construction project in Mexico. The dispute was between a U.S.-based contractor and its Mexican joint venture partner on the one side and a joint venture company composed of two Mexican companies. The matter involved construction of a facility in the petrochemical industry.

·         A matter concerning claims arising from the construction of a gas gathering field, pipeline and transfer station in South America.

·         A matter concerning disputes arising from the management of a joint venture company in Monterey, Mexico.

·         A matter involving claims relating to the design and installation of process plant for use in the dairy industry.

As counsel, Michael has acted as an advocate in numerous commercial international arbitrations, including:

·         On behalf of a Finnish company, we defended claims arising from the design, procurement and construction of a process plant designed to extract pulp fiber from old corrugated containers and to use the reclaimed fiber in the manufacture of new material for corrugated containers. Claiming that the equipment did not meet contract requirements, the owner refused to make the final contract payment (€8.1million) and initiated a draw against the Finnish company’s €9.875 million performance guarantee letter of credit. The matter was before an ICC Tribunal, which returned a decision in favor of the Finnish company in 2012.

Professional highlights

·         Recognised by Chambers USA, Construction Litigation – DC  (2003–2020); Best Lawyers (published by BL Rankings LLC), Construction, Litigation and Arbitration (2003–2021) and named Lawyer of the Year, Arbitration – Washington, DC (2021); Who’s Who Legal (2011–2020); The Legal 500 US (2016, 2019); Washington, DC Super Lawyers (published by Thomson Reuters), International, Alternative Dispute Resolution, and Construction Litigation (2007–2021).

·         Member of the advisory board for the Institute for Transnational Arbitration and member of the Chartered Institute of Arbitrators.

·         Selected for inclusion in the International Centre for Dispute Resolution’s Energy Arbitrators List.

·         Adjunct Professor at American University’s Washington College of Law, teaching courses in international arbitration.

·         Co-Authored “Burden of Proof as a Prerequisite to Document Production Under the 2010 IBA Rules: An Obituary,” published April 25, 2016, in Transnational Dispute Management.