Published on December 22, 2016, “The Top International Arbitration Decisions Since Midyear” provided commentary on the top four international arbitration-related U.S. court decisions in the second half of 2016.
James commented on one of those decisions, In re: Ex Parte Application of Kleimar NV, in which the U.S. District Court for the Southern District of New York permitted a litigant to obtain discovery in the U.S. for use in London-seated arbitration, based on Section 1782 of the U.S. Code. James noted the “long-standing debate in the Second Circuit” on whether Section 1782 allows discovery in aid of a foreign arbitration. If appealed, he opined that there is a “strong argument” that the Second Circuit should directly overrule an old 1999 precedent. To read the Law360 article in its entirety, please click here (a subscription may be required).
Law360 also quoted James in an article titled “3 International Arbitration Trends To Watch In 2017.” The article noted that gender diversity amongst arbitrators has been an important focus of the arbitration community in 2016. James considered that it will “continue to be a big issue” in the new year, and suggested that in addition to counsel taking initiatives to promote diversity, corporate users of arbitration also needed to take action. To read the Law360 article in its entirety, please click here (a subscription may be required).
James Hosking has 20 years of international dispute resolution experience. He 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.