James Hosking

James commenced practicing law in New Zealand in 1995.  After subsequently completing his LL.M at Harvard Law School in 2000, he joined the New York office of Clifford Chance and was a partner there until 2009, when he left to co-found Chaffetz Lindsey.

Over his career, James has been counsel in more than 100 arbitrations, with cases heard under the auspices of the ICC, AAA/ICDR, LCIA, HKIAC, SIAC, SCC, ICSID and ad hoc arbitrations under the UNCITRAL Rules.  While many of his cases are seated in New York, he has also handled matters across the globe with a particular focus on Latin America and Asia.  Recent cases have involved international commercial contracts, energy/power projects, corporate acquisitions, construction/engineering, insurance and reinsurance, licensing, JV/shareholder disputes, mining, and investment treaty claims.

James has also sat in more than 30 arbitrations—as chairperson, sole arbitrator, co-arbitrator and emergency arbitrator—involving some 18 jurisdictions and with a combined value of around US$5 billion. James’s arbitrator experience is summarized here.

Throughout his career, James has been heavily involved in the international arbitration community. He regularly speaks and publishes on international arbitration, including being co-author of the leading treatise, A Guide to the ICDR International Arbitration Rules (OUP, 2011; 2^nd ed. 2019).  He is involved in leadership roles with the world’s preeminent arbitration institutions, including as Co-Chair of the ICC Commission’s Task Force on Emergency Arbitrator Proceedings and as one of the drafters of the amended ICDR International Arbitration Rules.  James’s expertise has been recognized in every major industry guide.

• Successfully defeated all claims brought by a contractor in a Miami-seated ICC arbitration arising out of construction of a hydroelectric dam project in Costa Rica, also winning an award of damages and costs.
• Won a $300 million final award on behalf of owners of a Central American power project against a Chinese EPC in a Singapore-seated ICC arbitration arising from construction and project finance disputes.
• Won an award of liability and damages, including a finding of fraud, for a Korean company in a New Jersey-seated ICDR arbitration against a US entity arising out of a Central Asian infrastructure project.
• Won an award on behalf of a multinational energy company in a SIAC arbitration in Singapore arising out of post-M&A claims for fraud and breach of warranties.
• Representing a South Pacific sovereign in a London-seated ICC arbitration over alleged breaches of a settlement agreement arising from a dispute over an investment agreement.
• Representing a multinational energy company in an ICSID arbitration against a Latin American sovereign alleging breaches of a bilateral investment treaty and investment law.
• Representing a European sovereign in an investment treaty case under the UNCITRAL Rules, administered by the PCA with seat in the Hague, concerning real estate.
• Representing US and German entities in an ICDR administered AAA arbitration in New York arising out of disputes between the owner and turbine supplier on a wind project.
• Representing the owner of a Brazilian power project in an SCC dispute concerning construction and warranty claims, including parallel litigation.
• Represented a US/Chinese media company in an HKIAC arbitration seated in Hong Kong concerning post-acquisition claims.
• Represented a UK-based international luxury brand in parallel federal court and AAA arbitration proceedings arising out of breaches of a distribution and license agreement.

James regularly writes on international arbitration issues. Some of his publications include:

• Co-authored A Guide to the ICDR International Arbitration Rules (OUP, 2011, 2019) (with M. Gusy (foreword by J. Townsend)). This was the first, and remains the leading, stand-alone commentary on the ICDR International Rules.
• Co-authored ICC Commission Report, Emergency Arbitrator Procedings (ICC, 2019).
• “An Overview of the ICDR Rules” in F.-B. Weigand (ed.), Practitioner’s Handbook on International Commercial Arbitration, Co-author (OUP, 2010, 2019).
• “The ICDR International Arbitration Rules” in L. Shore (ed.), International Arbitration in the United States, Co-authored with G. Walters (Kluwer, 2018).
• “Finality of Arbitral Awards” in G. Hanessian (ed.), Comparison of International Arbitration Rules (ABA, forthcoming).
• “Arbitral 999/911 – Emergency Arbitration and Enforcement,” Chartered Institute of Arbitrators (2013).
• “Arbitration in the USA” in J. Lew & L. Mistelis (eds.), World Arbitration Reporter (Juris, 2013), Co-authored with D. Lindsey and J. Permesly.
• “Hong Kong Appellate Court Upholds Mainland Chinese Arbitral Award Despite Claim of Apparent Bias During ‘Med-Arb’,” NY Dispute Resolution Lawyer, Co-authored with M. Draper (Spring 2012).
• “Investor-State Dispute Settlement Under the Korea-United States Free Trade Agreement,” (Yulchon, March 2012).
• 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).
• “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).
• “Non-Signatories and International Arbitration in the US: The Quest for Consent,” 20 Arb. Int’l 289 (2004).

• Panelist for the “Advocates’ Best Practices in Selecting Arbitrators” and “Introduction to International Arbitration” modules at the New York State Bar Associations’ Three-Day Commercial Arbitration Training for Arbitrators and Counsel: Comprehensive Training for the Conducting of Commercial Arbitrations Pursuant to Contemporary Best Practices, New York, June 2019.
• Panelist at the Beijing International Arbitration Commission North America Seminar, discussing Energy Disputes Involving China, New York, June 2019.
• Speaker on “Breaking (Down) All the Rules: The ICDR International Arbitration Rules Five Years On,” hosted by AAA and NYIAC, New York, June 2015.
• Panelist discussing the ICC’s emergency arbitrator provisions at the ICC West Coast Conference, San Francisco, April 2019.
• Speaker on “Current Issues in Energy Disputes,” Georgetown International Arbitration Month, Washington D.C., February 2019.
• Visiting Professor at the Instituto Tecnológico Autónomo de México (ITAM), teaching classes on recognition, enforcement and challenges of arbitral awards under the New York Convention, Mexico City, Mexico, August 2018.
• Panelist at the New York State Bar Association Annual Commercial Arbitrator Training Seminar, addressing Advocates’ Best Practices in Selecting Arbitrators, Representing Clients in International Arbitration and Award Writing, New York, 2016-2019.
• Led a webinar hosted by the AAA entitled The ICDR’s International Arbitration Rules: Assessing the Impact of the 2014 Amendments examining the amendments to the Rules, April 2016.
• 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 AAA/ICDR Arbitrator Conference on New Challenges for International Arbitrators – An Introduction to the 2014 ICDR International Rules, New Orleans, February 2011.
• Headlined a NYIAC seminar called The TPP Over Tea: A Conversation with James Hosking, giving an overview of the key provisions of the Trans-Pacific Partnership Agreement, February 2016.
• 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, ICC Canada International Arbitration Conference, Vancouver, October 2015.
• 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, May 2015.
• 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, April 2015.
• Participated as a panelist on The Taking of Evidence in International Arbitration at New York University, April 2015.
• Served as a lecturer on extending the arbitration agreement in the context of multi-party arbitration for the certificate on International Commercial and Investment Arbitration Theory and Practice run at Roma Tre Universita Degli Studi, Rome, September 2014, 2015, 2016, 2018.
• Spoke at a Hong Kong International Arbitration Centre seminar on Understanding the Asia-LatAm Trade Relationship as part of an international panel discussing investment flows in the energy sector, Miami, April 2014.
• Moderated Demystifying China’s State Run Businesses panel a seminar organized by the Hong Kong International Arbitration Centre, New York, 2014.

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.

• Fellow, Arbitrators’ and Mediators’ Institute of New Zealand – Nominations Committee
• Co-Chair, ICC Task Force on Emergency Arbitrator Proceedings
• American Arbitration Association – International Advisory Committee to the Board
• London Court of International Arbitration
• Swiss Arbitration Association
• German Arbitration Institute
• International Council for Commercial Arbitration (also ICCA Ambassador 2018; ICCA Mentor 2018-present)
• American Society of International Law
• British Institute for International and Comparative Law
• Advisory Board, Institute for Transnational Arbitration
• Board of the FDI Moot