People

James Berger specializes in international disputes, particularly cross-border and multi-jurisdictional proceedings. A partner in the firm's Global Disputes practice, James represents clients in a broad range of international and domestic commercial conflicts.

James has substantial experience in litigating matters under the Foreign Sovereign Immunities Act, the Convention on Recognition and Enforcement of Foreign Arbitral Awards, and other statutes and legal regimes that apply in cross-border proceedings.

James regularly writes and speaks on international dispute resolution. He is the editor (and contributing author) of International Aspects of U.S. Litigation (American Bar Association, 2017), a two-volume treatise on international litigation in U.S. courts. His presentations have addressed international arbitration, disputes involving states and other U.S. litigation issues. James has also been a guest lecturer on international commercial arbitration at Renmin University of China School of Law, New York University School of Law, Fordham University School of Law and New York Law School. He is a contributor to Law360 on international litigation and arbitration issues. He is an active member of the American Bar Association (where he serves on the International Litigation and Asia Pacific Committees of the Section of International Law) and the Association of the Bar of the City of New York (where he serves on the Foreign and Comparative Law Committee).

Full Bio

Credentials

J.D., Fordham University

B.A., George Washington University

District of Columbia

New York

Supreme Court of the United States

Texas

U.S. Court of Appeals for the D.C. Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Southern District of Texas

U.S. District Court for the Western District of New York

Law Clerk, W. Thomas Rosemond, Jr., U.S. District Court for the Northern District of Illinois

SDNY/EDNY (Mem# JB6605)

Contributor on international litigation and arbitration issues


Law360

Contributor, Point of Law column


South China Morning Post

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Recognition

Contributor on international litigation and arbitration issues


Law360

Contributor, Point of Law column


South China Morning Post

Matters

Represent multiple European energy investors in U.S. proceedings seeking recognition and enforcement of arbitral awards rendered under Energy Charter Treaty.

Represent a Canadian mining company in multi-national proceedings to enforce $1.4 billion arbitral award rendered against Republic of Venezuela.

Represent a U.S. investment bank in multinational litigation proceedings to enforce $140 million portfolio of arbitral awards and related litigation arising out of equity financing transactions.

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Matters

Represent multiple European energy investors in U.S. proceedings seeking recognition and enforcement of arbitral awards rendered under Energy Charter Treaty.

Represent a Canadian mining company in multi-national proceedings to enforce $1.4 billion arbitral award rendered against Republic of Venezuela.

Represent a U.S. investment bank in multinational litigation proceedings to enforce $140 million portfolio of arbitral awards and related litigation arising out of equity financing transactions.

Represent a China-based freight forwarding company and New York affiliate in corporate governance dispute and related New York litigation.

Represent European energy investors in U.S. proceedings to enforce $500 million arbitral award against former Soviet republic.

Represented a California logistics and finance corporation and their China-based shareholders in several transportation-related arbitrations.

Advised a major U.S.-based multinational corporation on sovereign immunity issues in connection with potential offshore investments.

Represented a U.S. energy services company in proceedings to enforce $450 million arbitral award against Mexican state-owned oil company, where award had been annulled.

Advised a Chinese agricultural conglomerate in connection with Latin American investments and resulting disputes and judgments.

Represent a southeast Asian energy companies in multinational proceedings against the Lao People’s Democratic Republic to enforce arbitral award arising out of a coal mining and power plant development project in Lao PDR.

Represented a U.S. private equity fund in multinational proceedings to enforce arbitral award and related litigation arising out of equity financing transactions.

Represented a foreign sovereign wealth fund in connection with U.S. bankruptcy proceedings.

Represented Cayman Islands financial services provider in connection with multilateral investigation of various securities and tax issues, and advised client on various issues arising under U.S. and international law.

Represented a U.S. furniture retailer in U.S. litigation and parallel London-based ICC. arbitration arising out of dispute over distribution agreement.

Represented Cayman Islands energy exploration firm in global enforcement campaign to enforce and execute $261 million UNCITRAL arbitration award against Indonesian state oil company and related litigation.

Represented a U.S. company in Paris-based ICC. arbitration concerning post-acquisition dispute with Brazilian manufacturer, as well as U.S. proceedings to enforce arbitral award.

Defended judgment enforcement proceedings brought against two Chinese state-owned enterprises, ultimately winning vacatur of judgment and dismissal of underlying product liability complaint.

Represented a U.S. oil company in district court and appellate proceedings to enforce international arbitration award against Azeri state-owned oil company in dispute arising out of termination of oil exploration contract, successfully advocating overruling of Texas Trading & Milling Corp. v. Fed. Rep. of Nigeria, 647 F.2d 200 (2d Cir. 1981).

Represented United Arab Emirates in federal judgment enforcement proceedings.

Matters

Represent multiple European energy investors in U.S. proceedings seeking recognition and enforcement of arbitral awards rendered under Energy Charter Treaty.

Represent a Canadian mining company in multi-national proceedings to enforce $1.4 billion arbitral award rendered against Republic of Venezuela.

Represent a U.S. investment bank in multinational litigation proceedings to enforce $140 million portfolio of arbitral awards and related litigation arising out of equity financing transactions.

See more
Icon close

Close

Matters

Represent multiple European energy investors in U.S. proceedings seeking recognition and enforcement of arbitral awards rendered under Energy Charter Treaty.

Represent a Canadian mining company in multi-national proceedings to enforce $1.4 billion arbitral award rendered against Republic of Venezuela.

Represent a U.S. investment bank in multinational litigation proceedings to enforce $140 million portfolio of arbitral awards and related litigation arising out of equity financing transactions.

Represent a China-based freight forwarding company and New York affiliate in corporate governance dispute and related New York litigation.

Represent European energy investors in U.S. proceedings to enforce $500 million arbitral award against former Soviet republic.

Represented a California logistics and finance corporation and their China-based shareholders in several transportation-related arbitrations.

Advised a major U.S.-based multinational corporation on sovereign immunity issues in connection with potential offshore investments.

Represented a U.S. energy services company in proceedings to enforce $450 million arbitral award against Mexican state-owned oil company, where award had been annulled.

Advised a Chinese agricultural conglomerate in connection with Latin American investments and resulting disputes and judgments.

Represent a southeast Asian energy companies in multinational proceedings against the Lao People’s Democratic Republic to enforce arbitral award arising out of a coal mining and power plant development project in Lao PDR.

Represented a U.S. private equity fund in multinational proceedings to enforce arbitral award and related litigation arising out of equity financing transactions.

Represented a foreign sovereign wealth fund in connection with U.S. bankruptcy proceedings.

Represented Cayman Islands financial services provider in connection with multilateral investigation of various securities and tax issues, and advised client on various issues arising under U.S. and international law.

Represented a U.S. furniture retailer in U.S. litigation and parallel London-based ICC. arbitration arising out of dispute over distribution agreement.

Represented Cayman Islands energy exploration firm in global enforcement campaign to enforce and execute $261 million UNCITRAL arbitration award against Indonesian state oil company and related litigation.

Represented a U.S. company in Paris-based ICC. arbitration concerning post-acquisition dispute with Brazilian manufacturer, as well as U.S. proceedings to enforce arbitral award.

Defended judgment enforcement proceedings brought against two Chinese state-owned enterprises, ultimately winning vacatur of judgment and dismissal of underlying product liability complaint.

Represented a U.S. oil company in district court and appellate proceedings to enforce international arbitration award against Azeri state-owned oil company in dispute arising out of termination of oil exploration contract, successfully advocating overruling of Texas Trading & Milling Corp. v. Fed. Rep. of Nigeria, 647 F.2d 200 (2d Cir. 1981).

Represented United Arab Emirates in federal judgment enforcement proceedings.

Credentials

J.D., Fordham University

B.A., George Washington University

District of Columbia

New York

Supreme Court of the United States

Texas

U.S. Court of Appeals for the D.C. Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Southern District of Texas

U.S. District Court for the Western District of New York

Law Clerk, W. Thomas Rosemond, Jr., U.S. District Court for the Northern District of Illinois

SDNY/EDNY (Mem# JB6605)

Contributor on international litigation and arbitration issues


Law360

Contributor, Point of Law column


South China Morning Post

Icon close

Close

Recognition

Contributor on international litigation and arbitration issues


Law360

Contributor, Point of Law column


South China Morning Post