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 50 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.

• Representing multinational claimants in an ICC arbitration against a Chinese contractor with seat in Singapore arising out of complex construction and project finance claims, winning US$300 million and defeating claims of US$900 million.
• 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 European energy company in an ICC arbitration against an international contractor over construction of a hydro dam project in Costa Rica.
• Advising the Receivers of a Bahamian company in liquidation proceedings on potential arbitration claims in dispute over more than $190 million.
• 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 US energy company in an ICSID arbitration against Argentina, with claims of over US$2 billion, arising out of breaches of the US-Argentina BIT.
• Representing the Czech Republic in an investor-state claim under the UNCITRAL Rules (PCA administered) concerning alleged interference with a UAE investment, including coordinating enforcement efforts of the successful costs award in the UAE.
• 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.
• Coordinating counsel in four jurisdictions (including the US) to enforce a US$300 million award in a Singapore-seated ICC construction arbitration.
• 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 D.C. federal court arising out of allegations of a breach of an investment agreement, with a follow-up ICC arbitration seated in London, winning a full dismissal and costs.
• Representing a French pharmaceutical company in having parallel shareholder claims brought in NY federal court dismissed in favor of a French forum.
• Representing a Turkish entity in matters arising in US federal courts and overseas concerning enforcement of an ICC award.
• Advising a Russian entity on strategy to defend against enforcement of an award in the US, coordinating with counsel in multiple other jurisdictions.
• New York law expert, particularly offering evidence on the US Federal Arbitration Act and US international arbitration practice, in matters before the courts of British Columbia, Hong Kong, New Zealand and Singapore.

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 Proceedings (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).

• “Arbitration and Courts: Support, Supervision, or Selection,” Bucharest Arbitration Days, (Romania, June 2024)
• “Impossibility in International Arbitration,” XVIII International Arbitration Conference, (Brazil, May 2024)
• “Hot Spots and Hot Policies: Political Risk Insurance in Today’s Volatile World,” 2024 ARIAS Spring Conference, (San Juan, May 2024).
• “Arbitration Law in the United States: Adventures in Barbie Land,” International Miami Arbitration Week, Keynote Speaker (Miami, November 2023)
• “The Famous German Efficiency (?) – the Outside Perspectives,” Deutsche Institution für Schiedsgerichtsbarkeit e.V. (DIS) German Arbitration Institute Autumn Conference, Panelist (September, 2023)
• “Order Public and Ethics in Contract-Based Arbitration with States,” GAR Live: Berlin, Moderator (Berlin, September 2023)
• “Dialogue Between Adjudicators,” International Law Association’s 150th Anniversary Symposium, Speaker (Paris, June 2023)
• “Advocates’ Best Practices in Selecting Arbitrators” and “Introduction to International Arbitration,” 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, Panelist (New York, June 2019)
• “Energy Disputes Involving China,” Beijing International Arbitration Commission North America Seminar, Panelist (New York, June 2019).
• “Breaking (Down) All the Rules: The ICDR International Arbitration Rules Five Years On,” AAA and NYIAC, Speaker (New York, June 2019).
• “ICC’s Emergency Arbitrator Provisions,” ICC West Coast Conference, Panelist (San Fransisco, April 2019)
• “Current Issues in Energy Disputes,” Georgetown International Arbitration Month, Speaker (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.
• “Advocates’ Best Practices in Selecting Arbitrators, Representing Clients in International Arbitration and Award Writing,” New York State Bar Association Annual Commercial Arbitrator Training Seminar, Panelist (New York 2016-19).
• “The ICDR’s International Arbitration Rules: Assessing the Impact of the 2014 Amendments,” AAA, Host (Virtual, 2016).
• “What Does “Efficiency” Really Mean in International Arbitration?”, ICC – Harvard International Arbitration Conference, Panelist (Cambridge, MA, April 2016).
• “Investor-State Dispute Settlement in the Trans-Pacific Partnership: The New Gold Standard?” University of Pennsylvania School of Law, Guest Lecturer (March, 2016).
• “New Challenges for International Arbitrators – An Introduction to the 2014 ICDR International Rules,” AAA/ICDR Arbitrator Conference, Speaker (New Orleans, February 2016).
• “The TPP Over Tea: A Conversation with James Hosking,” NYIAC, Headline Speaker (February 2016).
• “International Construction and Infrastructure Projects: The Latest Conflict-Management Options,” 9th International Arbitration & Mediation Conference, Faculty Member (Rio de Janeiro, November 2015).
• “Costs of Arbitration Under New York Law,” Dublin International Arbitration Day, Presenter (Dublin, November 2015).
• “Ghosts of Proceedings Past,” ICC Canada International Arbitration Conference, Panelist (Vancouver, October 2015).
• “Powers of the Arbitrator to Compel Third Parties to Participate in the Arbitration Proceeding,” XI Rio de Janeiro International Arbitration Conference, Presenter (Rio de Janeiro, May 2015).
• “An Introduction to Jurisdiction in International Arbitration,” Pontifical University of Rio de Janeiro, Guest Lecturer (Rio de Janeiro, April 2015).
• “Alternate Means of Enforcement: Enforcing International Arbitration Awards Through Investment Arbitration,” Harvard International Arbitration Conference, Speaker (April, 2015).
• “The Taking of Evidence in International Arbitration,” New York University, Panelist (New York, 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.
• “Understanding the Asia-LatAm trade Relationship,” Hong Kong International Arbitration Centre, Speaker (Miami, April 2014).
• “Demystifying China’s State Run Businesses,” Hong Kong International Arbitration Centre, Moderator (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.

• ICCA, Governing Board
• NYIAC, Co-Chair Program Committee; Alternate Director
• Court of SCCA, Vice-President
• ICDR, International Advisory Board
• Arbitrators’ and Mediators’ Institute of New Zealand, Appointments Committee; Fellow
• ICC Task Force on Emergency Arbitrator Proceedings, Co-Chair
• American Arbitration Association – International Advisory Committee to the Board
• London Court of International Arbitration
• Swiss Arbitration Association
• German Arbitration Institute
• American Society of International Law
• British Institute for International and Comparative Law
• Institute for Transnational Arbitration – Advisory Board
• FDI Moot – Board