James Herbert is a senior associate in the International Arbitration practice.
His experience includes both investment and commercial international arbitrations under the ICSID, ICC, SIAC, HKIAC, LCIA, UNCITRAL, SCC, CRCICA and NAI Rules, and spans a broad range of sectors including energy (oil and gas, power and district heating), construction, pharmaceuticals, mining, commodities, private equity and finance.
James also has experience in litigation before New Zealand courts and tribunals.
International arbitrations on which James Herbert has worked include the representation of:
- An African energy company in three parallel NAI arbitrations in Amsterdam brought by a European energy company. The dispute relates to a joint venture agreement. Dutch law applies.
- An African energy company in an LCIA arbitration in London brought by a European energy company. The dispute relates to the management and dissolution of a consortium for offshore gas exploration. English law applies.
- A private equity fund and its founder in an HKIAC arbitration initiated by the fund’s general partner and an alleged investor in the fund. The arbitration concerned ownership of various entities in the fund structure. Hong Kong law applied.
- The Republic of Lithuania, Respondent in an ICSID arbitration brought by Veolia Environnement S.A. and others in relation to district heating and power generation systems in Lithuania (ICSID Case No. ARB/16/3). The claims are brought under the Lithuania-France bilateral investment treaty.
- A European energy company and the municipality of a European city in an SCC arbitration against an international utility company. The dispute arises from a long-term lease agreement.
- EGAS in an ICC arbitration in Paris initiated by Spanish Egyptian Gas Company S.A.E. (SEGAS) and in two CRCICA arbitrations in Cairo and Madrid initiated by Union Fenosa Gas (UFG). The arbitrations, which involved claims in excess of $4 billion, arose under a tolling agreement governed by English law and a related long-term gas supply agreement governed by Egyptian law. In a precedent-setting award on the English law of assignment, the ICC Tribunal dismissed the $300 million claim brought by SEGAS against EGAS. In another ground-breaking decision on the application of the ICSID Convention, the Madrid seated CRCICA Tribunal equally dismissed the entirety of the $3.6 billion claim brought by UFG. Finally, in the Cairo seated CRCICA arbitration, the Tribunal dismissed the $10 million claim brought by UFG.
- Atlas Power and eight other Independent Power Producers (IPPs), Claimants in an LCIA arbitration seated in London against Pakistani State-owned entity, National Transmission & Despatch Company (NTDC). The dispute arose out of the non-payment of certain amounts under Power Purchase Agreements concluded between the IPPs and NTDC. The law of Pakistan applied. Our clients’ claims were upheld in full in an award granting $104 million in damages and $24 million in interest.
- PetroVietnam, Respondent in an ICC arbitration in Singapore initiated by three European and Australasian energy companies. The dispute arose from a production-sharing agreement. The Arbitral Tribunal rejected in full the $100 million claims against PetroVietnam and ordered the Claimants to reimburse the costs of the arbitration in full.
- Advising ArcelorMittal in a dispute with the Republic of Bosnia and Herzegovina. The dispute arose from a joint venture for the operation of an iron ore mine.
- Barrister and Solicitor, New Zealand – not admitted in Paris
Prior to joining our team in 2013, James worked on over 50 major commercial and investment treaty arbitrations, under a variety of arbitral rules in various sectors.