James Barratt is a partner in the firm’s international arbitration group specializing in international commercial arbitration, public international law and investment arbitration. He is ranked in The Legal 500 UK for International Arbitration (2015 and 2016), Chambers UK for International Arbitration (2014 and 2015), Euromoney’s World’s Leading Experts for Commercial Arbitration (2014) and in Euromoney’s Rising Stars for International Arbitration (2015 and 2016).

James has over 15 years of experience and has been counsel in over 40 international arbitrations, including several where the amount in dispute exceeded US$1 billion and where he led or co-led the team and conducted the advocacy. He has also been appointed to sit as an arbitrator.

James has significant experience acting for governments, international organizations and multinationals in arbitrations administered under the rules of all major institutions, as well as in ad hoc proceedings under a wide variety of applicable laws.

James has worked extensively with clients in both Latin America and Asia Pacific and has a particular focus on disputes in the following sectors: energy, joint ventures, project finance, aerospace and defence and the pharmaceutical industry. James frequently represents and advises clients on investment treaty disputes and on public international law.

James is an English qualified barrister with full rights of audience before all English courts.  He appears frequently as an advocate before international arbitral tribunals (in procedural and merits hearings) and the English High Court.

James is the author of several publications and has given numerous presentations on public international law and international arbitration.

He was previously at one of the world’s leading international arbitration practices.

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  • Conducting the advocacy in a leading English High Court decision on challenges to arbitrators under the IBA Rules on Conflicts of Interest in International Arbitration: Sierra Fishing v. Farran [2015] EWHC 140 (Comm), [2015] 1 All ER (Comm).
  • Representing an Asian buyer in a US$10 billion dispute under a long-term LNG supply agreement.
  • Representing a major multinational in relation to public international law claims, including under the Energy Charter Treaty, against an Eastern European State.
  • Representing a state in a series of economic disputes arising out of a peace agreement and subject to inter-state arbitration.
  • Advising a state in relation to potential claims before the International Court of Justice.
  • Representing a leading steel conglomerate in relation to investment treaty claims arising out of an investment in southern Europe. 
  • Representing a US aerospace and defense multinational in two parallel US$250 million ICC arbitrations governed by Spanish law concerning disputes under a joint venture agreement with a Spanish company.
  • Representing a Latin American state in a HKIAC arbitration concerning disputes arising out of the purchase of a ship by the navy from a PRC shipbuilding yard.
  • Representing a Latin American state in PRC law claim against a Chinese bank concerning disputes under a performance guarantee.
  • Representing a leading conglomerate in enforcing three arbitration awards in Brazil.
  • Representing an international organization in an ICC arbitration concerning disputes under an agreement with a consortium of companies in the transport sector.
  • Conducting the advocacy on behalf of a third party witness compelled to attend a London-seated arbitration pursuant to s. 43 of the Arbitration Act 1996.
  • Shadowing a co-arbitrator in an ICSID arbitration.
  • Representing the official Chinese appointed administrator in several London-seated arbitrations involving complex questions of law under the Cross Border Insolvency Regulation and the impact of Chinese court decisions on the ongoing arbitrations.
  • Representing a global EPC conglomerate in an ICC arbitration governed by Brazilian law.
  • Representing a leading Middle Eastern client in a Swiss-seated ICC arbitration relating to the construction of a power station.
  • Advising on a US$1 billion energy dispute subject to arbitration under the Arbitration Rules of South East Asian institution between a state-owned oil company and a multinational.
  • Representing a US pharmaceutical company in a US$460 million ICC arbitration governed by English law concerning disputes under a joint venture agreement with a Swiss company.
  • Representing a leading US pharmaceutical company in a US$65 million ad hoc UNCITRAL, Paris-sited arbitration in an IP-related contractual dispute governed by English Law.
  • Representing a leading software developer in a high-value dispute with its former licensees in four consolidated WIPO arbitrations.
  • Representing a South East Asian brewery in disputes arising under the France-Singapore BIT.
  • Advising a leading South East Asian conglomerate on the legal effect of several BITs in relation to its planned investment structuring in the region.
  • Advising several clients on investment protection structuring and remedies, including the material and temporal scope of dozens of BITs worldwide.
  • Representing a European shipping company in an ad hoc UNCITRAL arbitration concerning disputes arising out of the financing of a US$75 million acquisition.
  • Advising a Brazilian insurer in a US-sited arbitration concerning insurance pooling.
  • Representing a multinational energy company in an ICC arbitration concerning the construction of an FPSO in South East Asia.
  • Representing a major telecommunications company in a Vienna-sited VIAC arbitration concerning a joint venture dispute in Eastern Europe.
  • Representing a Chinese technology company in a HKIAC arbitration governed by PRC law.
  • Representing a Scandinavian shipping company in an LCIA arbitration against a US competitor for breach of the arbitration agreement by improperly commencing class action proceedings.
  • Representing a major European airline in an LCIA arbitration in connection with a dispute under a joint venture with other national carriers.
  • Representing a leading Indonesian conglomerate in a US$1 billion contentious restructuring: Re Indah Kiat International Finance Company BV [2016] EWHC 246 (Ch).
  • Conducting the advocacy in the leading case before the DIFC Courts on what amounts to a ‘conflict of jurisdiction’ within the meaning of the statute of the Federal Supreme Court of the UAE: Standard Chartered Bank v. IGPL Limited (CFI 026/2014, Judgment of 1 August 2016).
  • Acting for Suntech Power Holdings Co., Ltd, the world’s largest producer of silicon solar power units, in a €500 million cross-border fraud case involving proceedings in the Commercial Court in London, the High Court of Singapore and several other jurisdictions.

Education

  • University of Cambridge, Selwyn College, M.A., 1999
  • Inns of Court School of Law, Bar Vocational Course, 2000

Admissions

  • England and Wales (barrister), 2001

Memberships and Affiliations

  • MCIArb. 
  • International Chamber of Commerce. 
  • London Court of International Arbitration. 
  • International Bar Association. 
  • LCIA Young International Arbitration Group. 
  • ICC Young Arbitrators Forum. 
  • British Institute of International and Comparative Law.

Languages

  • English
  • Portuguese
  • Recommended in The Legal 500 UK 2017 for International arbitration
  • Listed in The Legal 500 UK for International Arbitration (2015 and 2016)
  • Ranked in Chambers UK for International Arbitration (2014 and 2015)
  • Ranked in Euromoney’s World’s Leading Experts for Commercial Arbitration (2014) 
  • Recommended in Euromoney’s Rising Stars for International Arbitration (2015 and 2016)

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Publications

  • “The ‘Automatic’ Enforcement of ICSID Awards: The Elephant in the Room,” The European and Middle Eastern Arbitration Review, GAR, 2014.
  • “Challenges to, and Replacement of, Arbitrators.” In Lew, J., Bor, H., Fullelove, G., Greenaway, J., (eds.), Arbitration in England, Kluwer, 2013.
  • “Degrees of Immunity: A Lesson from the Privy Council,” The European and Middle Eastern Arbitration Review, GAR, 2013.
  • “Lost in Translation? The Independence of Experts under the 2010 IBA Rules,” The European and Middle Eastern Arbitration Review, GAR, 2012.
  • “Economic Sanctions Laws: the European Union and the United States,” a chapter published in the SFO’s Guide, Serious Economic Crime: A Boardroom Guide to Prevention and Compliance, 2011.
  • “Bribery and International Arbitration,” The European and Middle Eastern Arbitration Review, GAR, 2011.
  • “Perspectives from Europe: A Pan-European Tour of a Changing Landscape,” chapter in Product Liability, Cantor, R., (ed.), ABA Publishing, 2011.
  • “European Law and International Arbitration,” The European and Middle Eastern Arbitration Review, GAR, 2010.
  • “Future of Class Actions in the European Union,” The John Liner Review, Vol. 23, No. 3, Fall 2009.
  • “European Perspectives on Product Liability,” The John Liner Review, Vol. 23, No. 2, Summer 2009.
  • Numerous client alerts on International Arbitration and Public International Law.

Presentations

  • “Emergency Arbitrators: A Panacea?,” MENA Young Arbitrators Conference, Dubai, November 2015.
  • “How to Avoid Detrimental Use of Procedural Mechanisms in International Arbitration,” ICC, Young Arbitrators Forum, Rio de Janeiro, May 2015.
  • “Building Blocks of a Successful International Arbitration Career,” ICC, Young Arbitrators Forum seminar, London, April 2013.
  • “Enforcement of ICSID Awards,” Fifth Annual Seminar of the Office of the Attorney General, Quito, October 2012.
  • “The U.K. Bribery Act: What Brazilian Clients Need to Know,” São Paulo, December 2011.
  • “Investment Arbitration: What Brazilian Clients Need to Know,” São Paulo, December 2011.
  • “New U.K. Bribery Law: Are You Ready?” Strafford seminar, February 2011.
  • International Investment Arbitration: Opportunities for Brazilian Investors, São Paulo, December 2010.
  • “Recent Developments in Pre-Appointment Disclosure Obligations of Arbitrators,” International Chamber of Commerce, Young Arbitrators Forum seminar, London, October 2009.
  • “Cross-Examination in International Arbitration,” DIS 40 (German Arbitration Association), Frankfurt, September 2009.
  • “Witness Examination in International Arbitration,” DIS 40 (German Arbitration Association), Dusseldorf, May 2009.
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