Gordon Jaynes, '50

Attorney travels the developing world to help settle disputes on major infrastructure construction projects

When Gordon Jaynes, '50, left his home in Surrey, England, to go to work recently, he had appointments in Pakistan, China, Singapore, Bangladesh, and Vietnam. After a distinguished legal career that spans more than 45 years, Jaynes might be forgiven if he retired. But he continues to show up for the job in a profession that requires him to spend as much as two-thirds of the year away from his home in London.

An international attorney, Jaynes provides legal counsel and arbitration services for trans-national construction projects, including many financed by the World Bank and other world development organizations. His work is a vital link in the complicated, multinational process of building dams, highways, mass transit systems, airports, and other infrastructure in developing countries.

He may act as legal counsel for one side as he did in a recent con-struction dispute related to a port development project in Malaysia. Or he may serve on an independent review board required when a project funded by the World Bank is in a dispute that can't be resolved by negotiations.

Last August Jaynes was appointed chair of a dispute review board for the Ghazi-Barotha Hydropower Project on the Indus River in Pakistan. He also chairs a dispute review board for the giant Xiaolangdi Multipurpose Dam Project on the Yellow River in China. The project, second in scope only to the Three Gorges project, involves 14 European and Chinese construction organizations and is estimated to cost approximately $1.3 billion. Jaynes serves, as well, as arbitrator on disputes sub-mitted to the International Chamber of Commerce International Court of Arbitration, most recently on some $250 million worth of claims arising in the construction of Katse Dam, part of a major water transfer project from the Lesotho Highlands into South Africa.

Disputes generally boil down to one of two factors, Jaynes noted, extension of the timeline for completion of a project and coverage of unforeseen costs. "It's all a product of the fact that on the big jobs, you are venturing into the unknown, especially to the extent that you are going to do any work below ground level." At the time contracts are drawn up, many aspects of these massive, high-tech engineering feats cannot be anticipated, Jaynes said. Further complicating negotiations is the fact that the joint-venture projects may involve a dozen or more construction organizations from multiple nations.

Adding to the geographic range of his responsibilities, Jaynes also traverses the world as an instructor for the International Development Law Institute (IDLI). He helped found and serves on the board of this Rome-based international organization, which trains lawyers and government officials in developing countries on issues related to development of their countries including contracting for infrastructure.

"There is so much demand for people who understand the legal implications of these kinds of development projects — what the contracts must cover, what the pitfalls are — that it far outstrips the number of people who've had training," Jaynes said. In recent months, he made visits to Shanghai, Dhaka, and Hanoi to teach at IDLI workshops funded by the Asian Develop-ment Bank on the structuring of privately-financed "Build-Operate-Transfer" infrastructure projects.

"It's an exciting part of my life," said Jaynes, who feels rewarded that he has contributed to the training of thousands of lawyers from hundreds of countries.

This fall, after Shanghai, before Dhaka — Jaynes detoured a few thousand miles across the Pacific . . . to Walla Walla.

He frequently adds Walla Walla to his list of destinations. Last May he attended his 50th reunion, visiting the College, where he majored in English and philosophy, and reminiscing with classmates. This time, too, the trip was a special homecoming. Enjoying golden October days here where he grew up, Jaynes celebrated his mother's 100th birthday.