James Barratt
James serves as Co-Head of International Disputes – Europe. He is based in our London office and has more than two decades of experience representing clients in some of the world’s most complex and challenging international arbitrations.
He has served as counsel in more than 100 international arbitrations, where the amounts in dispute have often exceeded US$1 billion. He typically leads the team and conducts the advocacy as the first chair. James also sits as an arbitrator and as a part-time judge.
James has been recognized for more than a decade as one of the leading international arbitration lawyers. In multiple years, he has been referenced in Legal 500, Who’s Who Legal: Arbitration, and Expert Guides, International Arbitration. James has also been listed in The Legal 500 Arbitration Powerlist – UK Region.
The Legal 500 UK (2022) has reported that James is “exceptional—incredibly intelligent and dedicated,” that he was an “experienced advocate with sound judgement” of “high intellectual quality and also very pleasant to work with.”
James’ practice has a particular focus on disputes in the energy sector, especially natural gas and LNG disputes. He also has conducted substantial arbitrations in various sectors, including life sciences, private equity, aviation, defense, technology, and telecommunications. He has worked extensively with clients in the Asia Pacific region and Latin America.
James has represented multinational corporations, institutional investors, governments, and international organizations in arbitrations administered under the rules of all major institutions (including the ICC, LCIA, SIAC, and HKIAC), as well as in ad hoc UNCITRAL proceedings under various applicable laws (including English, French, German, Spanish, Swiss, Brazilian, PRC, Japanese, Russian, and public international law).
James also has a significant practice in contentious restructuring matters at the intersection of international arbitration and litigation. James advises creditors, debtors, officeholders and other stakeholders in disputes arising out financially distressed businesses across a wide range of industry sectors. James’ focus is on high-value complex cross-border restructuring and insolvency matters, typically involving parallel proceedings in European and other jurisdictions.
Experience Highlights
Representing an Asian buyer in a multibillion-dollar dispute under a long-term LNG supply agreement
Representing a global pharmaceutical company in connection with a €2 billion arbitration claim for fraud and breaches of warranty arising in connection with an M&A transaction, involving allegations of wrongdoing across more than 10 European countries
Representing a European gas buyer in a gas price arbitration in Southern Europe under the ICC Rules relating to a long-term gas pipeline contract with a sum in dispute in excess of US$1 billion
Representing a multinational energy company in an ICC arbitration concerning the construction of an FPSO in South East Asia
Representing an East Asian buyer in a multibillion-dollar pricing dispute under a long-term LNG supply agreement
Acting for an energy company in the Middle East in a multimillion-dollar oil pipeline dispute
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 an investment fund in a US$100 million cross-border insolvency before the Court of Appeal in Jersey in the leading case on the Jersey creditors’ winding-up process: HWA 555 Owners, LLC v Redox PLC S.A. (formerly Regus PLC) and Maître Nicolas Thieltgen [2023] JCA085
Acting for a group of companies in the industrials sector in Eastern Europe in a US$100 million cross-border enforcement in respect of security granted over assets of operating and holding companies
Representing a leading European life sciences company in a €500 million arbitration arising under a long-term development and distribution agreement
Representing a major European pharmaceutical manufacturer in a €100 million dispute under a licensing and distribution agreement
Representing an African telecommunications group in a series of London-seated arbitrations alongside parallel insolvency proceedings in Mauritius
Representing a Middle Eastern consultant in a Swiss-seated ICC arbitration against a Greek construction company arising out of a project to build a power station
Representing a contract research organization in a US$65 million dispute with a pharmaceutical manufacturer
Representing and counselling a Middle Eastern state in a series of public international law disputes under peace and economic development treaties relating to electricity, customs tariffs and taxation; the disputes are subject to ad hoc inter-state arbitration
Representing a state-owned oil company in a US$1 billion energy dispute subject to arbitration under the arbitration rules of a South East Asian institution
Representing a Latin American state in an HKIAC arbitration concerning disputes arising out of the purchase of a ship from a PRC shipbuilding yard
Representing an international organization in an ICC arbitration concerning disputes under an agreement with a consortium of companies in the transport sector
Representing a leading software provider in a high-value dispute with its former licensees in four consolidated WIPO arbitrations
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
Conducting the advocacy in a jurisdictional challenge to a London-seated ICC arbitral award in Telecom of Kosovo v Dardafon [2017] EWHC 1326 (Comm)
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)
Conducting the advocacy in a leading decision of the DIFC Court of Appeal on the scope of jurisdiction of the DIFC Courts over non-DIFC entities: Investment Group Private Limited v Standard Chartered Bank: CA-002-2018
Representing a syndicate of lenders and subsequently appointed administrators in relation to the restructuring of a telecommunications group against the backdrop of a US$100 million LCIA arbitration
Representing a leading Indonesian conglomerate in a US$1 billion contentious restructuring: Re Indah Kiat International Finance Company BV [2016] EWHC 246 (Ch)
Representing Suntech Power Holdings Co., Ltd, the world’s largest producer of silicon solar power units, in a €560 million cross-border fraud case involving proceedings in the Commercial Court in London, the High Court of Singapore and several other jurisdictions
Representing the official Chinese-appointed administrator in several London-seated arbitrations involving complex questions of law under the Cross-Border Insolvency Regulations and the impact of Chinese court decisions
Credentials
- BVC, Inns of Court School of Law, 2001
- M.A., Selwyn College, University of Cambridge, 1999
- Legal 500 Arbitration Powerlist–UK Region, 2022; Legal 500 UK, Dispute Resolution: International Arbitration, 2014, 2016, 2018, 2021–2024; Dispute Resolution: Commercial Litigation: Premium, 2021–2024
- Who’s Who Legal: Arbitration (2017–2023) as a “Future Leader” in the “Partners” category; Expert Guides, “Rising Stars” in International Arbitration (2015–2021)
- Member: British Institute of International and Comparative Law
- Member: International Chamber of Commerce
- Member: Chartered Institute of Arbitrators
- Member: Swiss Arbitration Association (ASA)
- Member: London Court of International Arbitration
- England and Wales (Barrister)
- Dubai International Financial Centre (Part II Advocate)
- Press ReleaseJuly 25, 2024
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 Cantor, R., (ed.), Product Liability, 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
Presentations
- “Geopolitics and energy disputes – What’s new?,” GAR Interactive: Energy Disputes hosted by GAR Live, December 2020
- “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, Ecuador, October 2012
- “The U.K. Bribery Act: What Brazilian Clients Need to Know,” São Paulo, Brazil, December 2011
- “Investment Arbitration: What Brazilian Clients Need to Know,” São Paulo, Brazil, December 2011
- “New U.K. Bribery Law: Are You Ready?,” Strafford seminar, February 2011
- “International Investment Arbitration: Opportunities for Brazilian Investors,” São Paulo, Brazil, 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