“A ‘talented individual’ who enjoys a ‘prestigious reputation’ in the international arbitration field.”
Qualifications
-
J.D., University of California, Berkeley, 1986
o Order of the Coif
o Thelen-Marrin Prize at graduation for best published scholarship - M.A. Economics, University of California, Berkeley, 1986
- B.A. History, Yale University, 1977
Principal Areas of Practice
- Energy Disputes
- Investment Disputes
- Construction Law
Admitted
- District of Columbia (1990)
- New York (1987)
- Paris (2013)
Employment History
- Member of Arbitration Chambers (October 2024 – present)
- Partner, King & Spalding, Paris, France (2009 – 2024)
- Senior Counsel, Leboeuf, Lamb, Greene & MacRae (subsequently Dewey & Leboeuf), Paris, France (2007 – 2009)
- Counsel, Freshfields Bruckhaus Deringer, Vienna, Austria (2001 – 2006)
- Attorney, Appellate Section of the Criminal Division, U.S. Department of Justice, Washington, D.C. (2001)
- Associate Deputy Attorney General, U.S. Department of Justice, Washington, D.C. (1998 – 2001)
- Deputy Assistant Attorney General, U.S. Department of Justice, Washington, D.C. (1996 – 1997)
- Deputy Counsel to the President, The White House, Washington, D.C. (1995 – 1996)
- Associate, Shearman & Sterling LLP, Washington, D.C. (1992 – 1995)
- Law Clerk to Justice William J. Brennan, Jr. and Justice Thurgood Marshall, The Supreme Court of the United States, Washington, D.C. (1990 – 1991)
- Legal Assistant to Judge Howard M. Holtzmann, Iran-United States Claims Tribunal, The Hague, The Netherlands (1988 – 1990)
- Law Clerk, Judge Abner J. Mikva, U.S. Courts of Appeals, District of Columbia Circuit, Washington, D.C. (1987 - 1988)
- Associate, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, New York (1986 – 1987)
- Legislative Assistant to Congressman Stanley N. Lundine, U.S. House of Representatives, Washington, D.C. (1979 – 1982)
- Legislative Assistant to Congressman Michael J. Harrington, U.S. House of Representatives, Washington, D.C. (1977 – 1979)
Nominations as Arbitrator
Over the last dozen years, James has served as both presiding arbitrator and co-arbitrator in proceedings covering a wide range of subject matters. Sample cases include:
- Presiding arbitrator in an ICC proceeding involving exercise of stock buyback options in an Asian company;
- Co-arbitrator in an ICC arbitration arising from a dispute between joint venture partners for the modernization and management of an oil refinery;
- Presiding arbitrator in an LCIA proceeding involving disputed entitlement to management and performance fees in connection with a property development;
- Presiding Arbitrator in an LCIA Arbitration arising from a dispute between joint venture partners as to the management of companies within a large conglomerate of enterprises;
- Co-arbitrator in an SCC arbitration involving alleged breaches of a contract to sell equipment for manufacturing military materiel; and
- Presiding arbitrator in an ICC proceeding involving claimed breaches of a regional distribution agreement for advanced energy technology.
Experience in Practice
The following are recent representative matters in which James served as counsel:
- Representing a supplier of heavy machinery in an ICC arbitration arising from an African port development project;
- Representing a respondent in a UNCITRAL arbitration brought under a bilateral investment treaty (BIT) arising from disputed control of an oil refinery;
- Representing a European energy company in an ICSID arbitration arising from its failure to receive gas under a long-term supply contract;
- Advising an international construction joint venture in arbitrations and dispute resolution board proceedings arising from construction of a high-speed rail project;
- Representing a Middle-Eastern developer in an ICSID arbitration arising from a frustrated urban development project;
- Representing a European gas company in an ICC arbitration arising from a gas price reopener dispute with an African gas producer;
- Advising an international construction engineering firm during a dispute review board proceeding on issues arising from construction of a harbor tunnel;
- Representing a European commodities trader in an ad hoc arbitration arising from a breached agreement for sale and delivery of goods in the CIS;
- Representing an international construction firm in a dispute concerning asphalt specifications on a road project in Africa;
- Representing the claimant in an ICC arbitration arising from an aborted geophysical study project in Africa;
- Representing the owner of an LNG liquefaction facility in arbitrations arising from disputes under a gas supply agreement;
- Representing a European gas distributor in an ICC arbitration involving operation of a gas price readjustment clause;
- Representing an international construction engineering firm in arbitrations arising from delay and disruption of a road project in East Africa;
- Representing a government in an ICC arbitration arising from an attempted privatization of a state-owned power plant;
- Representing the manufacturer of precision equipment for an industrial glass factory in a Vienna Rules arbitration arising from a dispute with an installation subcontractor;
- Representing an international construction engineering firm in ICC arbitration arising from its work as electro-mechanical subcontractor on a hydroelectric project in Southeast Asia;
- Representing western European investors in an ICC arbitration arising from a shareholders' dispute following privatization of a cement plant in eastern Europe;
- Representing an international construction engineering firm in ICC arbitration arising from construction of a steel tube plant in Europe.
Research, Publications & Lectures
Publications
- Enforcement of Interim Measures, Chapter 10 in GAR’S GUIDE TO CHALLENGING AND ENFORCING ARBITRATION AWARDS 112 (Law Business Research 2021) (co-authored with R. Chahine).
- Commentary on the UNCITRAL Arbitration Rules, Chapter 17 in THE PRACTITIONER'S HANDBOOK ON COMMERCIAL ARBITRATION (3rd ed. Oxford 2019).
- Party Representation: Does Article 21 Mark a Trend?, vol. 4(2) International Arbitration Review of the Bahrain Chamber for Dispute Resolution 329-348 (2018).
- Interim Measures: The Slow Evolution of Quick Arbitral Relief, vol. 10(4) World Arbitration and Mediation Review 454 (Juris 2016).
- UNICTRAL Arbitration Rules, Chapter 3 in CONCISE INTERNATIONAL ARBITRATION (2nd ed. Kluwer 2015).
- UNCITRAL Arbitration Rules (2010) and UNCITRAL Transparency Rules (2013), chapter in vol. 4 of World Arbitration Reporter (Juris 2014).
- Interim Measures Under UNCITRAL's Model Law, 7 World Arbitration & Mediation Review 119 (2013).
- Maximizing Possibilities for Joinder in International Arbitration, in A. Rovine, ed. CONTEMPORARY ISSUES IN INTERNATIONAL ARBITRATION AND MEDIATION (The Fordham Papers 2011) 104 (2012) (co-author with R. Digon).
- Generalizing About the Virtues of Specificity: The Surprising Evolution of the Longest Article in the UNCITRAL Model Law, 6 World Arbitration & Mediation Review 7 (2012).
- 'Manifest Disregard of the Law,' 'Minimum Contacts,' and Forum Non Conveniens: Recent Developments in Judicially-Created Doctrines that May Defeat Enforcement of Arbltral Awards in the U.S. (co-author with B. Love), 2010(3) Paris Arbitration Journal / Les Cahiers de l'Arbitrage 653-696.
- Plus Ça Change, Plus C'est la Même Chose - Eight Revisions Not Adopted in the 2010 UNCITRAL Rules, 28(4) ASA Bulletin 855
Speaking Engagements
- Speaker, Rome Arbitration Conference (2024).
- Co-chair of the conference, CILS’ biennial Salzburg Arbitration Symposium (2024).
- Speaker, Paris Arbitration Week Conference (2024).
- Speaker, XVI Belgrade International Arbitration Conference (2024).
- Speaker, Program on Sanctions and Arbitration organized by the FIDE Foundation, Madrid (2024).
- Speaker, Swiss Arbitration Summit (2024).
- Speaker, Roundtable on Reform of Investor-State Dispute Resolution (2024).
- Speaker, 31st Annual Croatian Arbitration Days (2024).
- Speaker, London Energy Arbitration Conference (2023).
- Speaker, 12th Edition of Le Café des Arbitres (“The Arbitrators’ Café”) (2023).
- Speaker, ITA’s 35th Annual Arbitration Workshop (2023).
- Speaker, Dutch Arbitration Day (2023).
- Speaker, Bocconi University Conference About International Investment Arbitration Law and Policy (2023).
- Speaker, International Arbitration Colloquium (2023).
- Speaker, London Court of International Arbitration Symposium (2022).
- Speaker, 37th Annual Symposium of Arbitrators (2022).
- Speaker, Arbitration Colloquium in Paris (2022).
- Co-chair of the conference, CILS’ biennial Salzburg Arbitration Symposium (2022).
- Speaker, United Nations Commission on International Trade Law’s Colloquium (2022).
Professional Activities and Qualifications
- Member, Advisory Board of the Vienna International Arbitration Center
- Executive Committee Vice Chair and Member, Rule of Law Task Force of the Institute for Transnational Arbitration
- Deputy Chair, Board of Directors for LCIA
Languages
- English and French
Nationality
- United States