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James Hosking has 20 years of international dispute resolution experience. Immediately prior to co-founding Chaffetz Lindsey, he was a partner in Clifford Chance’s New York litigation department, focusing primarily on international arbitration.
James is a recognized expert in international arbitration, having handled disputes under the rules of all the leading institutions, including ICC, AAA/ICDR, SIAC, LCIA, WIPO, CRCICA and ICSID, as well as the UNCITRAL Rules. His recent cases have involved international commercial contracts, corporate acquisitions, construction/engineering, insurance and reinsurance, licensing, energy/power projects, JV/shareholder disputes, mining, and investment treaty claims. James also sits as an arbitrator, having been appointed in arbitrations under the ICC, ICDR, AAA and CRCICA Rules. He has experience as a sole arbitrator, chairperson, co-arbitrator and emergency arbitrator.
In addition to his arbitration practice, James also represents clients in US commercial litigation and has argued cases at all levels of the New York courts, as well as in federal court in New York and elsewhere. His cases often arise out of cross-border transactions and/or involve issues of sovereign immunity and public international law. James is admitted in New York and previously practiced in New Zealand.
James commenced practicing law in New Zealand, first as a barrister and solicitor at leading firm Russell McVeagh McKenzie Bartleet & Co and then subsequently as a barrister. After completing his LL.M at Harvard Law School in 2000, he joined the New York office of Clifford Chance and was a partner there from 2006-2009.
Throughout his career, James has been heavily involved in the international arbitration community. He previously co-chaired the ICDR young practitioners group and in 2007 received a Distinguished Service Award from the American Arbitration Association. More recently, James was on the committee that produced the revised ICDR International Arbitration Rules that became effective in 2014. He is a member of the ICC Task Force on Emergency Arbitration Proceedings and was New Zealand’s delegate to the UNCITRAL working group that drafted the revised Model Law. His memberships include the Arbitration Committee of the New York City Bar, the American Society of International Law, the London Court of International Arbitration, the Swiss Arbitration Association, the International Council for Commercial Arbitration, the Advisory Board of the Institute for Transnational Arbitration, and the Board of the FDI Moot.
James’s experience includes:
- Representing multinational claimants in a US$1.2 billion ICC arbitration against a Chinese contractor with seat in Singapore arising out of complex construction and project finance claims
- Representing a Bolivian contractor in an ICDR arbitration against a multinational mining company with seat in Miami concerning a mining project in Chile
- Representing an energy company in a SIAC arbitration against an Asian party with seat in Singapore concerning fraud and breaches of warranties arising out of a corporate acquisition
- Representing a Korean construction company in an ICDR arbitration against a US company with seat in New York concerning claims arising out of an infrastructure project in Central Asia
- Representing a multinational energy company in an ICSID arbitration against a Latin American sovereign alleging breaches of a bilateral trade agreement and investment law
- Representing a multinational energy company in an ICDR arbitration with seat in New York concerning allocation of taxes under a joint venture agreement
- Representing a US fund in an ICC arbitration with seat in New York concerning breaches of a shareholder agreement for a major Latin American media company
- Representing a UK-based international luxury brand in parallel federal court and AAA arbitration proceedings arising out of breaches of a distribution and license agreement
- Representing a US company in a WIPO arbitration against a European company with seat in London arising out of a pharmaceutical license and commercialization agreement
- Representing an international organization in an arbitration under the UNCITRAL Rules against a Japanese construction company with seat in Singapore concerning a project in Asia-Pacific
- Representing the Cook Islands in a case in federal court arising out of allegations of a breach of an investment agreement
- Representing a French pharmaceutical company in having parallel shareholder claims brought in US courts dismissed in favor of a French forum
- Representing a Turkish entity in matters arising in US federal court and overseas concerning enforcement of an ICC award
- Advising on risk mitigation in investment strategies, especially involving Latin America and Asia
James regularly writes on international arbitration issues. Some of his publications include:
- Co-authored “The ICDR International Arbitration Rules” in L. Shore (ed.), International Arbitration in the United States (Kluwer, forthcoming) (with G. Walters).
- Authored “Finality of Arbitral Awards” in G. Hanessian (ed.), Comparison of International Arbitration Rules (ABA, forthcoming).
- Authored “Arbitral 999/911 – Emergency Arbitration and Enforcement,” (Chartered Institute of Arbitrators, 2013).
- Co-authored “Arbitration in the USA” in J. Lew & L. Mistelis (eds.), World Arbitration Reporter (Juris, 2013) (with D. Lindsey and J. Permesly).
- Co-authored “Hong Kong Appellate Court Upholds Mainland Chinese Arbitral Award Despite Claim of Apparent Bias During ‘Med-Arb’,” (NY Dispute Resolution Lawyer, Spring 2012) (with M. Draper).
- Co-authored A Guide to the ICDR International Arbitration Rules (OUP, 2011) (with M. Gusy and F. Schwarz (foreword by J. Townsend). This was the first, and remains the leading, stand-alone commentary on the ICDR International Rules. A second edition analyzing the 2014 amendments to the ICDR Rules is expected in late 2016/early 2017.
- Co-authored “An Overview of the ICDR Rules” in F.-B. Weigand (ed.), Practitioner’s Handbook on International Commercial Arbitration (2nd ed., OUP, 2010.) The third edition with an updated chapter is expected in early 2017.
- Authored “Investor-State Dispute Settlement Under the Korea-United States Free Trade Agreement,” (Yulchon, March 2012).
- Authored article in March 2010 for the International Bar Association’s Arbitration Newsletter discussing two recent decisions in the New York Court of Appeals and a Florida state appellate court of interest to professional litigation funding users.
- Co-edited the first comprehensive symposium on the protection of intellectual property rights (IPRs) through bilateral investment treaties and other international investment agreements (IIAs) in 2009 (Transnational Dispute Management, 2009) (with M. Perkams).
- Co-authored “Court Opens Door to US-Style Discovery,” International Financial Law Review 55 (2005) (with D. Lindsey).
- Authored “The Third Party Non-Signatory’s Ability to Compel International Commercial Arbitration: Doing Justice Without Destroying Consent,” 4 Pepperdine Dispute Resolution Law Journal 469 (2004).
- Authored “Non-Signatories and International Arbitration in the US: The Quest for Consent,” 20 Arb. Int’l 289 (2004).
- Co-authored “Second Circuit Finds Explicit Waiver of Sovereign Immunity To Uphold Pre-Hearing Security Order,” IBA Committee D News (2004) (with A. Goldbarg).
In addition, James is often quoted in various media on issues regarding international dispute resolution, including:
- Quoted in a November 2013 article on the AAA’s optional new appellate arbitration rules in Global Arbitration Review
- Quoted in a December 2012 article entitled “Outbound in Full Sail” in China Business Law Journal exploring China’s evolving outbound investment strategy, commenting on the regulatory scrutiny faced by Chinese investors in the US and potential options available where investments are blocked
- Quoted in a November 2012 article in Global Arbitration Review on trends in Chinese outbound investment around the world, and the dispute resolution options available to parties
- Quoted in a September 2012 article entitled “Resolution Revolution” in China Business Law Journal, examining challenges faced by Chinese companies in commercial disputes in foreign jurisdictions, and the use of parallel litigation and arbitration proceedings
Recent Speaking Engagements
James’s recent speaking engagements include:
- Panelist at the June 2016 New York State Bar Association Annual Commercial Arbitrator Training Seminar, addressing two sessions: Advocates’ Best Practices in Selecting Arbitrators and Representing Clients in Arbitration and Award Writing.
- Led a webinar hosted by the American Arbitration Association in April 2016 entitled The ICDR’s International Arbitration Rules: Assessing the Impact of the 2014 Amendments examining the amendments to the Rules, why they were made, and how they have been applied in practice since their implementation.
- Panelist at the 2016 ICC – Harvard International Arbitration Conference discussing What Does “Efficiency” Really Mean in International Arbitration?, Harvard Law School, April 2016.
- Guest lecturer discussing Investor-State Dispute Settlement in the Trans-Pacific Partnership: The New Gold Standard?, University of Pennsylvania School of Law, March 2016.
- Speaker at the February 2016 AAA/ICDR Arbitrator Conference New Orleans on New Challenges for International Arbitrators – An Introduction to the 2014 ICDR International Rules.
- Headlined a February 2016 NYIAC seminar called The TPP Over Tea: A Conversation with James Hosking, giving an overview of the key provisions of the TTP, how it differs from existing treaties, and what it suggests about the future of investor-state dispute settlement.
- Faculty member for the session entitled International Construction and Infrastructure Projects: The Latest Conflict-Management Options at 9th International Arbitration & Mediation Conference in Rio de Janeiro, November 2015.
- Presented a paper on Costs of Arbitration Under New York Law at the Dublin International Arbitration Day, Dublin, November 2015.
- Panelist discussing Ghosts of Proceedings Past, an overview of the ways in which awards in prior proceedings may affect subsequent arbitrations, at the October 2015 ICC Canada International Arbitration Conference in Vancouver.
- Presented on the powers of the arbitrator to compel third parties to participate in the arbitration proceeding at the XI Rio de Janeiro International Arbitration Conference in May 2015 hosted by leading Brazilian arbitrators and arbitral institutions.
- Guest lecturer, Pontifical University of Rio de Janeiro, An Introduction to Jurisdiction in International Arbitration, April 2015.
- Spoke at the Harvard International Arbitration Conference on Alternative Means of Enforcement: Enforcing International Arbitration Awards Through Investment Arbitration at Harvard Law School in April 2015.
- Participated as a panelist on The Taking of Evidence in International Arbitration at New York University in April 2015.
- Panelist at the January 2015 ICDR Miami International Arbitration Conference on the topic of recent legislative developments affecting international arbitration in popular jurisdictions in the Americas.
- Served as a lecturer on extending the arbitration agreement in the context of multi-party arbitration for the certificate program in International Commercial and Investment Arbitration Theory and Practice run at Roma Tre Universita Degli Studi sponsored by the International Chamber of Commerce, Italian Arbitration Association, and Milan Chamber of Arbitration (September 2014, 2015 and 2016).
- Spoke at a Hong Kong International Arbitration Centre seminar (hosted in Miami in April 2014) on Understanding the Asia-LatAm Trade Relationship as part of an international panel discussing investment flows in the energy sector, particularly in view of Chinese demand for natural resources.
- Presented at the Seventh Annual ICDR Practice Moot on the Optional Appellate Arbitration Rules (OAAR), discussing the rationale and trade-off of review, the availability of review and the mechanics of it, the effect of any appeal on the underlying award, and the enforceability of the appellate award.
- Moderated Demystifying China’s State Run Businesses panel at an April 2014 seminar organized by the Hong Kong International Arbitration Centre aimed at understanding the role that Chinese state owned enterprises (SOEs) are playing in the global economy, particularly as major foreign investors in countries around the world, including the United States.
- Spoke at the International Conflict Management Conference in São Paulo in November 2013, which was hosted by the Bankruptcy and International Arbitration, ICDR and AmCham. James spoke on a panel that addressed the topic of Arbitration and Mediation Options for Global Commercial Transactions.
- Participated in an NYU seminar on Construction and Infrastructure Arbitration in April 2013. James was part of a panel that looked at the institutional framework for arbitration for construction and infrastructure disputes, and explored the challenges of keeping these arbitrations simple in the face of increased complexity of projects and claims.
- Panelist at GAR Live Asia conference in Hong Kong in October 2012 that considered the steps Chinese investors should take to avoid disputes involving their investments, and the options available to them when disputes arise, including bilateral investment treaties.
- Participated in a client seminar in October 2012 on the protection afforded by investment treaties and specific strategies to protect Chinese investment in the U.S organized by King & Wood Mallesons.
- Co-director of the tertulia sessions at the 10th annual IBA-ICDR Miami International Arbitration Conference in September 2012 that debated whether institutional appointment of arbitrators should be preferred over party appointment, and whether there should be an ethical code for arbitration counsel.
- Panelist at the Swedish Arbitration Association annual conference in June 2012, commenting on emergency arbitration proceedings based on analysis of cases from the SCC and ICDR, with special focus on the challenges such proceedings create for respondents.
- Spoke at the Seventh Annual Fordham Law School Conference on International Arbitration and Mediation held at King’s College in London in April 2012 on recent developments in enforcing arbitration awards in the Asia Pacific region.
- Presented an introduction to International Arbitration practice at the American Arbitration Association’s 2012 A. Leon Higginbotham Jr. Fellows Program in April 2012. The program provides training, mentoring and networking opportunities for young ADR professionals of diverse backgrounds.
- Participated in a roundtable organized by Latin Lawyer in November 2011 to discuss the state of international arbitration in Brazil in the 15 years since it passed its international arbitration law.
- Panelist at the annual arbitration conference organized by the International Centre for Dispute Resolution (ICDR) and the Arbitration Center of the American Chamber of Commerce of São Paulo (AMCHAM) in November 2011. James discussed issues arising from electronic disclosure of documents in arbitrations and provided tips on how to handle review and production of electronically stored information.
- Panelist at the Practicing Law Institute’s 2011 “Commercial Arbitration” seminar held in October 2011 that addressed recent developments in international arbitration, including the revised ICC Arbitration Rules for 2012.
- Panelist at the American Bar Association’s Section of International Law Spring Meeting in Washington D.C. in April 2011 which discussed recent changes in the arbitral rules of several institutions.
- Panelist at the American Society of International Law’s annual conference held in Washington D.C. in March 2011 on recent developments in U.S. Supreme Court jurisprudence on the Federal Arbitration Act (“FAA”).
- Presented in the 21st Annual Institute for Transnational Arbitration Workshop in Dallas in June 2010.
- Panelist at an International Dispute Resolution Committee of International Law Section event in June 2009 on Third-Party Funding in Arbitration.
In addition, James has taught at law schools in the U.S. and New Zealand, including several years as a Lecturer-in-Law teaching the international arbitration seminar at the University of Pennsylvania School of Law. He is the co-coach of the Harvard Law School Vis Moot Team.
James’s expertise in international arbitration and cross-border litigation is recognized in such publications as Who’s Who of International Arbitration, Chambers Global, Chambers USA, Chambers Latin America, PLC Which Lawyer and Best Lawyers. In 2011, he was selected in Global Arbitration Review’s ranking of the “top 45 under 45” arbitration lawyers worldwide. Clients describe him as “a wonderful lawyer who produces a top-notch work product” (Chambers USA 2010), an “extraordinary legal analyst” with “vast experience in arbitration and commercial approach” (Chambers Latin America 2015), and “a passionate advocate of the client and is extremely responsive no matter where he is in the world” (Legal 500 USA 2015).
James was proud to accept on behalf of the firm the awards for Global Arbitration Review’s top small law firm of the year (2011) and Chambers USA’s best client service (2014).
James earned his LL.M. from Harvard Law School in 2000. He attended the University of Auckland from 1990-1994, receiving B.A. and LL.B. (with honors) degrees.
James speaks English and German as well as having a basic knowledge of French and Spanish.