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Fulbright & Jaworski International LLP

James Rogers, Rogers, James, Jim, Rodgers, Fulbright & Jaworski LLP, Fulbright & Jaworski L.L.P., Fulbright and Jaworski L.L.P., Fulbright and Jaworski LLP, Energy, Arbitration & ADR, Litigation, University of Otago, New Zealand, Kyuden Rugby
James Rogers - Fulbright & Jaworski International LLP
James Rogers
Sr. Associate
D: +44(0)20-7832 3672
London
85 Fleet Street
London EC4Y 1AE
United Kingdom
T: +44 20 7832 3600
F: +44 20 7832 3699
"My job allows me an insight into a number of unique projects and industry sectors. I particularly enjoy that variety."
AREAS OF CONCENTRATION
EXPERIENCE

James Rogers joined the London location of Fulbright & Jaworski L.L.P. in 2008. Prior to joining Fulbright, James worked in the Tokyo and London offices of a leading international law firm. As an associate, he works with the firm's Arbitration, Construction and Litigation practice groups.

James has been involved in a wide variety of matters involving litigation and arbitration in and parties from numerous jurisdictions across North America, Asia, Africa, Europe and the Middle East. He has represented clients in many of the major arbitral centres of the world, including Paris, Switzerland, Stockholm and especially London in arbitrations under ICC, LCIA, SCC, LMAA and the Swiss Rules. James has also advised on the avoidance and resolution of disputes across a number of industry sectors, including the energy and construction sectors.

REPRESENTATIVE EXPERIENCE
  • Representing a major US chemicals manufacturer in a London seat ICC arbitration against its joint venture partner concerning a chemicals manufacturing joint venture in the Middle East.
  • Representating a party in relation to claims under a substantial EPCM project. The contract provides for arbitration in London under UNCITRAL Rules.
  • Representating a Japanese heavy industry major in two ICC arbitrations in London involving the same Danish counter party, but arising out of distinct construction projects at two UK power stations.
  • A Stockholm seated arbitration arising out of a licensing dispute in relation to technology employed in the construction of a number of power plants in Asia.
  • Representation of a global E&C company in relation to claims arising from the supply of processing equipment to a European power station.
  • Advising a US oil company in a dispute relating to repairs and downtime in respect of a drilling rig for an oilfield offshore Africa.
  • Arbitrations under the Swiss and the LCIA rules as part of wide-ranging litigation in various fora including the English courts. Arbitration related applications to the English courts include Tajik Aluminium Plant v Hydro Aluminium AS [2005] EWCA Civ 1218.
  • An application for an anti-suit injunction restraining proceedings in the Bombay Courts in support of an ad hoc arbitration in London between German and Indian parties in relation to a wind farm technology licence.
  • An ICC arbitration in Paris against a Middle Eastern State, its central bank and other related state organisations arising out of a number of national infrastructure projects.
  • Several disputes concerning pre-emption rights in various Central Asian exploration projects arising from the dissolution of a Japanese oil and gas SOE and the IPO of its subsidiary.
  • Proceedings in the Japanese, Indonesian, Hong Kong and BVI courts arising out of the failed US$140m financing of a petro-chemical plant in Indonesia.
  • Advising an Asian state oil company as to its rights under public international law against a CIS state in relation to a threatened expropriation.
  • An ICC arbitration in London representing the private interests of a European family in a US$120m claim made against an African state in relation to a failed lottery concession.
  • Representation of an English metals trader in several LMAA arbitrations involving English and Italian parties and arising from the shipment of contaminated scrap metal.
  • Strategic review of the LNG SPA portfolio of a nationally owned African LNG producer and subsequent working seminars.
  • An ICC arbitration in Paris arising out of the delivery and performance of a telecommunications satellite including issues arising under the US International Traffic in Arms Regulations.
  • A claim of force majeure determined in the Swiss courts arising out of the Iraqi war and under an oil-shipping contract governed by English law.
  • A claim in excess of US$130m in the US courts by a US drinks manufacturer and related declaratory proceedings in the Japanese courts in relation to a product recall in Japan.
  • Representation of a global fast food company in a licensing dispute in Japan and in the subsequent renegotiation of its Japanese franchise licensing arrangements.
  • Two disputes surrounding a leading Japanese telecommunications company's investments in 3G technology providers in the UK and Hong Kong.
PROFESSIONAL ACTIVITIES AND MEMBERSHIPS
  • The Law Society
  • The Chartered Institute of Arbitrators
  • International Bar Association
  • Society of Construction Law
  • LCIA Young International Arbitration Group
  • Solicitor Advocate, Higher Rights of Audience, England and Wales
  • ICC Young Arbitrators Forum
  • ASA Below 40
PROFESSIONAL HONORS

Mentioned as "one to watch" by Global Arbitration Review, 2009

PUBLICATIONS
  • “International Arbitration—Liquefied Natural Gas [LNG]: Outside Counsel Perspective,” co-author with Jonthan Sutcliffe in International Commercial Arbitration Practice: 21st Century Perspectives (co-editors Horacio Grigera Naon and Paul Mason), due for publication September 2010
  • “Effect of Party Insolvency on Arbitration Proceedings: Pause for Thought in Testing Times,” Transnational Dispute Management, Vol. 7, Issue 1, April 2010; also published by the Chartered Institute of Arbitrators in Arbitration, Vol. 76, pp. 277-290, May 2010; co-author with Jonthan Sutcliffe
  • "Extending an Arbitration Agreement to a Non-Signatory: The Group of Companies Doctrine" Fulbright & Jaworski International Arbitration Report, 2009, Issue 1
  • "English Court Grants Order in Support of Arbitral Tribunal's Peremptory Order," Fulbright & Jaworski International Arbitration Report, 2009, Issue 1
  • "Take or Pay Clause Tested in English Courts," International Energy Law Review, 3, 60, 2008
  • "English Court Anti-Suit Injunctions and the ECJ Advocate-General's Opinion in West Tankers: The End of an Era?" with David Howell and Sarah Thomas, Fulbright & Jaworski International Arbitration Report, 2008, Issue 2
  • "The Role of the Expert in International Arbitration," Fulbright & Jaworski International Arbitration Report, 2008, Issue 2
  • "Duabi Enacts New Artbiration Law," Fulbright & Jaworski International Arbitration Report, 2008, Issue 2
  • "An English Treatment of Set-Off in Arbitration," International Arbitration Law Review, 129, 2006
  • "Multi Party / Multi Contract Arbitration Clauses: A note illustrating the problems which can arise from multi-party disputes, with tips for drafting clauses to deal with such situations," The Practical Law Company, 2006
  • "LNG - a minefield for disputes," assistant to author, Paula Hodges, in Liquefied Natural Gas: The Law and Business of LNG, Griffin (ed), Globe Law and Business, 2006
  • Public International Law Case Studies, ICC, United Kingdom Members Handbook, Vol IX, 2006
SPEECHES
  • "Dispute Prevention in Upstream Oil & Gas Projects - The Mechanics of Successfully Enforcing Awards,” C5, London, September 2008
  • "Global Claims, the Chartered Institute of Building and Hill International Master Class," London, June 2008
  • "Adjudication in New Zealand under the NZ Construction Contracts Act 2002," Adjudication Society Conference, London, November 2007
EDUCATIONAL BACKGROUND

1999 - LL.B., University of Otago, New Zealand
1999 - BComm, Commerce, University of Otago, New Zealand

INTERESTS

In his spare time, James enjoys spending time with his family and friends, reading, watching, and sometimes participating in, sport and generally keeping fit. He has played club and provincial rugby in New Zealand and Ireland, and professionally in Japan, where he spent two years as a professional player with the Kyuden Rugby Club in the Japanese national rugby competition. James recently started taking classes in open water sailing.







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