Jarred Pinkston

Jarred Pinkston’s journey to Volpe law – from Colorado, to New York City, to Vienna (Austria), to West Palm Beach, and back to Colorado – forms the cornerstone of his current practice, which focuses on complex commercial disputes, real estate/construction law, and working with internationally minded clients. Throughout his career Jarred has proven adept at quickly absorbing new information and then cutting through the noise to get his clients favorable outcomes.  

Complex Commercial Disputes:

The breadth of Jarred’s education, training, experience and interests benefit clients facing complex problems regardless of the forum in which those problems are resolved: ADR or in Court. 

Alternative Dispute Resolution (ADR) Experience

Jarred began his career litigating cases in New York City. He then practiced international commercial arbitration and general transactional work in Vienna, Austria, for 8 years. While in Vienna, he worked at one of the largest law firms in the country, Dorda Brugger Jordis Rechtsanwälte GmbH (now “Dorda”), directly under the founding partner, Christian Dorda. Dorda is consistently ranked as one of the leading law firms in Austria. Prior to joining the Dorda law firm, Jarred was a member of the International Dispute Resolution team at Graf & Pitkowitz Rechtsanwälte GmbH, Vienna, Austria, which is also globally recognized for its success.   

The international arbitration cases he worked on (as party counsel or administrative secretary to arbitral tribunals) arose from a wide range of jurisdictions and industries, including construction projects, failed pharmaceutical joint ventures, M&A transactions, and the energy and telecommunications sectors.

Representative arbitration cases include:

• Polish energy company vs. a Swiss company relating to an inability to perform a long-term electricity supply contract brought about by a change in EU law (€ 240 million in dispute). 
• French telecommunications company in a shareholders dispute with a major German telecommunications company (three interrelated arbitrations and Austrian court proceedings) relating to an investment in Poland (over € 2.5 billion in dispute; among the largest contract disputes worldwide at the time).
• Turkish general contractor vs. a Ukrainian state entity arising from a bridge construction project ($55 million in dispute); further complicated by ongoing state court proceedings and a parallel arbitration.
• Consortium of electricity companies arising from the privatization of a former state entity in Romania ($65 million in dispute).
• European and Japanese pharmaceutical companies arising from a failed joint venture to develop and bring to market a recombinant blood product ($35 million in dispute)
• Investment companies arising from a Share Purchase Agreement for a Swiss bank and subsequent changes in the banking regulatory enforcement regimes in the USA ($66 million in dispute).

A focus on negotiation is critical to preventing the escalation of a dispute and for obtaining positive outcomes for clients. As an example, Jarred advised an Austrian gas company through six months of adversarial negotiations with an Italian partner and helped prevent an approximate € 1.5 billion dispute from going to arbitration. Jarred firmly believes in the benefits of mediation. He is one of the few attorneys based in Colorado to have represented American clients in mediation (involving an Olympic sports federation) in Paris under the rules of the International Chamber of Commerce (ICC). A hallmark of Jarred’s ADR and negotiation successes is a focus on the needs and priorities of each party, and a collaborative approach to dispute resolution. 

Litigation Experience

Resolving complex commercial cases requires adeptness in navigating different forums as every dispute has its own nuances and specific considerations. In addition to a strong background in ADR, Jarred’s practice focuses on court litigation. He clerked for Judge Daniel T.K Hurley of the Southern Federal District of Florida. Jarred also interned with two U.S. Court of International Trade judges and a New York Supreme Court Judge while in law school. While in law school, he also interned with the Brooklyn D.A.’s office in the homicide division. Just prior to joining Volpe Law, he worked as a deputy district attorney in Colorado, gaining valuable jury trial experience. 

In private practice in Colorado, Jarred has litigated all manner of disputes: breach of contract, HOA, Colorado Premises Liability, insurance, Colorado Consumer Protection Act, defamation, fraud, eviction and so on.  The diverse nature of Jarred’s experience makes him at home in any forum.

Real Estate & Construction Law

Jarred’s real estate practice stems directly from his personal interest in the field. He invested in his first apartment in Brooklyn during law school and is the rare law student who made a profit while in law school because of that real estate investment. Jarred has continued investing in real estate in Colorado and holds a real estate agent’s license. In addition, Jarred has worked on a wide range of real estate/construction disputes: from faulty elevators in Switzerland, to HOA disputes over fences in Colorado, to delayed bridge construction projects in Ukraine, to failed residential real estate deals in the Front Range.

Personal Connection to Internationally Minded Clients  

Jarred has a strong connection with the German-speaking world. He studied abroad near Düsseldorf, Germany, in high school, at Karl-Franzens University in Graz, Austria, during his undergraduate studies (where he met his future wife), and at Bucerius Law School in Hamburg, Germany, while pursuing his law degree. He has a Bachelor’s Degree in German. His legal career ultimately took him to Vienna, Austria, where he obtained an LL.M. in European and International Business Law from the University of Vienna (program in German). Jarred’s practical experience abroad, fluency in German, connections, and cultural dexterity position him well to work with internationally minded clients.

Bar Admissions

• Colorado, Florida, New York, and Solicitor in England and Wales

Education

• University of Vienna (Universität Wien), Vienna, Austria, LL.M. European and International Business Law
• Brooklyn Law School, Brooklyn, NY, J.D.
• Bucerius Law School, Hochschule für Rechtswissenschaft, Hamburg, Germany, (semester study abroad)
• University of Missouri, Columbia, MO, B.S. Business Administration; B.A. International Studies; B.A. German
• Karl-Franzens University, Graz, Austria (year study abroad)

Academic Work

Jarred enjoys the academic aspect of practicing law. He coached the University of Colorado, Vis moot court team for many years and engages in academic writing. Published work includes:

The Case for Arbitral Institutions to Play a Role in Mitigating Unethical Conduct in International Arbitration, 32 Conn. J. Int’l L. 177-215 (2017)

Iura Novit Curia and the Non-Passive Arbitrator: A Question of Efficiency, Cultural Blinders and Misplaced Concerns About Impartiality, in Austrian Yearbook on international arbitration 2016, 101-117

Properly Setting the Table in International Arbitration: Drafting a Robust Procedural Order No. 1; Global Wisdom on Business Transactions, International Law and Dispute Resolution – Festschrift für Gerhard Wegen zum 65. Geburtstag (C.H. Beck)(2015)

Jurisdictional Requirements for the Enforcement of Arbitral Awards Against Defendants and Their Ownership Interest in Subsidiaries – a Comparative Review, [2012] Int. A.L.R. 97-117 (Thomson Reuters)

The Case for a Continental European Arbitral Institution to Limit Document Production, in Austrian Yearbook on International Arbitration 2011, 87-111

In Rem Jurisdiction in an Action to Confirm and Enforce a Foreign Arbitral Award Generally and Jurisdiction Based Upon the Presence of a U.S. Subsidiary Specifically, 30 Rev. Litig. 415-474 (University of Texas)(2011)

Towards a Uniform Interpretation of the Federal Arbitration Act: The Role of 9 U.S.C. § 208 in the Arbitral Statutory Scheme, 22 Emory Int’l L. Rev. 639-706 (2008)(cited by Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A., 34 F.4th 1290, 1314 (11th Cir. 2022))

New York’s Unwelcoming Harbor: The New York Convention’s Inapplicability to Claims Arising from Seamen’s Employment, 3 BYU Int’l L. & Mgmt. R. 233 (2007).

Author of articles and conference reports published in Global Arbitration Review (“GAR”):

• Washington, D.C.: Responding to critiques of arbitration, September 23, 2016: Responding to critiques of arbitration – Global Arbitration Review
• Vienna: The road to predictability, March 4, 2016: VIENNA: The road to predictability – Global Arbitration Review
• Ljubljana: Arbitration in the ex-Yugoslav countries, November 28, 2014: LJUBLJANA: Arbitration in the ex-Yugoslav countries – Global Arbitration Review
• Rome: A life well spent?, June 25, 2014: ROME: A life well spent? – Global Arbitration Review
• Austria: New revisions to arbitration act, January 20, 2014: AUSTRIA: New revisions to arbitration act – Global Arbitration Review
• New York: Arbitration and legitimacy, July 23, 2013: NEW YORK: Arbitration and legitimacy – Global Arbitration Review
• Kiev: Understanding the value of evidence, December 5, 2012: KIEV: Understanding the value of evidence – Global Arbitration Review
• Kiev: Big thinking in Ukraine, December 3, 2012: KIEV: Big thinking in Ukraine – Global Arbitration Review
• Vienna: VIAC and UNCITRAL survey the arbitral landscape, May 8, 2012: VIENNA: VIAC and UNCITRAL survey the arbitral landscape – Global Arbitration Review
• Vienna: The Austrian-Turkish relationship, January 13, 2012: gar_vienna_austrian-turkish_relationship_jan2012.pdf or VIENNA: The Austrian-Turkish relationship – Global Arbitration Review
• Vienna: ICC roadshow pulls into town, October 28, 2011: pdf or VIENNA: ICC roadshow pulls into town – Global Arbitration Review
• Vienna: Europe in the spotlight, March 31, 2011: VIENNA: Europe in the spotlight – Global Arbitration Review

PERSONAL INTERESTS

When not working, Jarred is hitting the slopes and exploring Colorado’s natural beauty with his family in their rebuilt 1978 VW camper van named Survivor.

in the Media

• Iura Novit Curia and the Non-Passive Arbitrator: A Question of Efficiency, Cultural Blinders and Misplaced Concerns About Impartiality: Veit Öhlberger/Jarred Pinkston – Austrian Yearbook on International Arbitration 2016
• NEW YORK’S UNWELCOMING HARBOR: THE NEW YORK CONVENTION’S INAPPLICABILITY TO CLAIMS ARISING FROM SEAMEN’S EMPLOYMENT: Jarred Pinkston
• Properly Setting the Table in International Arbitration Drafting a Robust Procedural Order No. 1: Christian Dorda & Jarred Pinkston – GLOBAL WISDOM ON BUSINESS TRANSACTIONS, INTERNATIONAL LAW AND DISPUTE RESOLUTION – Global Wisdom on Business Transactions International Law and Dispute Resolution
• The Case for a Continental European Arbitral Institution to Limit Document Production: Jarred Pinkston – Austrian Yearbook on International Arbitration 2011
• THE CASE FOR ARBITRAL INSTITUTIONS TO PLAY A ROLE IN MITIGATING UNETHICAL CONDUCT BY PARTY COUNSEL IN INTERNATIONAL ARBITRATION: Jarred Pinkston – CONNECTICUT JOURNAL OF INTERNATIONAL LAW 2016-2017

Jarred’s beloved kids & Van