People

Overview

Jennifer Haworth McCandless is an international disputes partner and serves as legal counsel in complex, high-stakes international arbitration cases, focusing, in particular, on investor-state arbitration. She has advised and represented both private sector investors (the claimants) and sovereigns (the respondents) in international arbitral proceedings before ICSID and its Additional Facility, the ICC, and other arbitral institutions around the world. She has also handled international commercial arbitrations, often involving state or state-owned entities. Her cases span the full range of economic sectors, including electricity, mining, oil and gas, infrastructure, real estate development, and financial services, and cover the globe, with a particular emphasis on the Americas. She has also advised and represented private parties and governments in WTO disputes. In addition, she counsels clients on the implications of investment rules for their global operations.

Jennifer is consistently recognized for her arbitration work. She is ranked by Chambers Global (2021-2023) as well as the 2020-2023 editions of Chambers USA and the 2023 edition of Chambers Latin America in International Arbitration, where clients say she "has a global vision of a case and gets into every detail, leaving no gaps." Jennifer is listed as a recommended lawyer in International Arbitration by The Legal 500 Latin America (2013-2014) and The Legal 500 (2014-2015). In the 2023 edition of The Legal 500 Jennifer is praised as "outstanding" and "never tires of responding to questions." She is also named as one of the "Top 250 Women in Litigation" by Benchmark (2023). Jennifer was recognized by Latinvex as one of Latin America's "Top 100 Female Lawyers" in 2018, 2019 and 2023 for her work in international arbitration. In 2019, Jennifer was recognized by Euromoney as one of the "Top 30 Commercial Arbitration Experts in the United States" and she had received the "Best in Commercial Arbitration Award" in 2018. In 2022, she was recognized in "International Arbitration - Governmental" by Best Lawyers.

Jennifer has spoken on international arbitration and investor-state dispute resolution at multiple seminars and workshops throughout the D.C. area and internationally, including at seminars and workshops sponsored by American University's Washington College of Law, the U.S. Council for International Business’s Young Arbitrators Forum, the International Law Section of the D.C. Bar, Harvard University's International Arbitration Law Students Association, and the Madrid Center for International Arbitration. Jennifer also served as a member of the Investment Subcommittee of the U.S. State Department's Advisory Committee on International Economic Policy Regarding the U.S. Model Bilateral Investment Treaty in 2009 and Regarding the Implementation of the OECD Guidelines for Multinational Enterprises in 2010.

In addition, Jennifer served for a number of years as the chair of the Joint Swearing-In Ceremony for the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit sponsored by the International Law Section of the ABA.

Prior to entering private practice, Jennifer had legal internships with the U.S. Trade Representative’s (USTR) office of General Counsel in Washington, D.C., and with the USTR’s Office in Geneva, Switzerland. She also was a legal intern at the United Nations in New York and has worked in Washington D.C. at the World Bank.

Admission & Affiliations

  • District of Columbia Bar
  • State Bar of California
  • American Society of International Law
  • American Bar Association, International Law Section
  • ArbitralWomen
  • London Court of International Arbitration
  • International Council for Commercial Arbitration
  • International Bar Association
  • J.D., University of California, Hastings College of the Law 1997
  • M.A., International Relations, Tufts University 1997
  • Master of Education, Harvard University 1992
  • B.A., Whitman College 1988

Experience

Jennifer's experience as legal counsel includes the following:

  • Representing a Canadian investor in a high-profile, multi-billion dollar NAFTA dispute against the United States involving an oil pipeline in North America.
  • Representing a U.S.-based multinational company in a dispute against Poland concerning an investment in food processing facilities.
  • Representing a European investor in a dispute against Slovakia concerning investments in the health insurance sector.
  • Representing a European investor in a potential dispute against a South American government concerning investments in a paper production company.
  • Representing a European engineering and project management company that designs and builds nuclear power plants in an ICC arbitration concerning the design and construction of a nuclear power plant in Bulgaria, which earned American Lawyer's "Global Dispute of the Year: Commercial Arbitration Award" in 2017.
  • Defending a European government in separate BIT claims by Dutch and U.S. investors related to power plant projects that were proposed, but never completed, during a period of power sector regulatory reforms.
  • Defending a Central American government in a dispute under CAFTA brought by multiple U.S. investors who had invested in real estate in the country. In an interim award, the Tribunal dismissed the majority of claimants' claims at the jurisdictional level, and claimants decided not to pursue their remaining claims before the Tribunal. Some claimants sought to set the interim award aside. The U.S. District Court for the District of Columbia rejected claimants' attempt. Claimants appealed the District Court's decision before the U.S. Court of Appeals for the District of Columbia Circuit but then withdrew their appeal shortly thereafter. Thus, the case was ultimately resolved in the government's favor.
  • Defending a South American government in a high-profile BIT dispute brought by a Spanish energy company over the government's intervention and planned liquidation of an electricity distribution company to avert the company's financial collapse and risks to the country's electricity supply.
  • Defending a South American government in a US $50 billion BIT claim brought by French investors related to real estate development investments.
  • Defending a South American government in a US $7 billion claim brought by a French investor related to the failure of a commercial bank.
  • Defending a South American government in separate BIT and FTA claims for hundreds of millions of dollars related to investments in the mining industry.
  • Defending a South American government in a claim for more than US $500 million brought in connection with investments in the mining industry.
  • Defending a South American government in US $150 million FTA claim in connection with an investment in the electricity sector.
  • Defending a South American state-owned company in the energy sector in a commercial dispute over royalties that included a US $60 million counterclaim.
  • Defending a South American government in separate contract and BIT claims related to the construction of highways in South America.
  • Defending a South American government in a claim brought by Spanish investors related to vehicle inspection services.