James McKenzie is a Partner in our International Arbitration and Litigation & Dispute Resolution teams. He regularly advises on strategically significant and high value arbitration and cross-border litigation arising from major projects and investments.
James has more than 15 years’ experience representing clients in international commercial and investment arbitrations under the LCIA, ICC, HKIAC, SIAC, UNCITRAL and CIETAC rules, across all the major arbitration seats. He also advises on complex cross-border litigation, recognition and enforcement proceedings, and alternative dispute resolution. James advises clients across the full project life cycle, from project inception through to completion, and is particularly skilled in early risk management and dispute avoidance. His practice covers various industries, and he has particular expertise in the infrastructure, construction, energy, technology, mining and resources sectors.
Having worked in Hong Kong and Mainland China for more than eight years, James has deep experience acting in Asia-Pacific disputes and advising Chinese and international clients on complex cross-border matters. Clients benefit from his deep understanding of the region.
James is recognised by Legal 500 and Chambers for both international arbitration and commercial litigation. Clients have described him as a “real standout” and an “infrastructure, energy and renewables sector expert”, and have praised him as “first rate”, “excellent”, “very knowledgeable and commercially focused” and with “masterful drafting skills”.
James is qualified in England and Wales, Hong Kong and Australia.
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James has acted on a wide range of multi-jurisdiction disputes, both in international arbitration (commercial and investor state) and commercial litigation.
His representative experience includes:
- Representing a Chinese EPC contractor in a US$700 million ICC arbitration concerning the construction of a major energy plant in Central America, including the defence of substantial employer cross-claims.
- Representing Naftogaz, Ukraine’s national oil and gas company, in a US$5.5 billion LCIA dispute with three companies linked to oligarch Ihor Kolomoisky over control of Ukrnafta, Ukraine’s largest oil company.
- Acting for a BVI-incorporated company in a US$250 million long-running onshore oil and gas dispute, involving two parallel LCIA arbitrations under separate instruments and pre-action High Court proceedings under related transaction documents.
- Advising a Chinese EPC contractor in a US$500 million ICC arbitration concerning a US$2.1 billion oil-shale-fired power plant in Jordan.
- Acting for a leading Chinese energy company on disputes and related insolvency proceedings connected with the construction of two of the UK’s largest battery energy storage systems.
- Advising a subsea cabling company on a major telecommunications cable project for a consortium of Middle Eastern telecoms providers, including project advisory work on upstream and downstream claims strategy, parts of which were successfully settled.
- Advising a major Chinese petroleum company on exploration rights and guarantee issues connected with a major oil field in Indonesia.
- Acting for a Chinese SOE in an LCIA arbitration concerning failed delivery of iron ore and force majeure issues following the Ebola outbreak in Sierra Leone.
- Acting for the Hong Kong Government in a HK$1 billion construction arbitration involving hundreds of individual claims relating to a major viaduct project in Hong Kong.
- Advising Leighton Contractors (Asia) Limited on acceleration, delay and defects claims against the main contractor concerning the construction of a multi-billion-dollar Macau casino development.
- Acting for a major Chinese airline in HKIAC arbitration proceedings, with related potential SIAC proceedings, concerning a HK$5.8 billion failed share subscription dispute.
- Representing a Hong Kong insurer in HKIAC arbitration proceedings relating to a failed commodities investment.
- Acting for a high-net-worth Chinese investor in English High Court proceedings arising from a failed education scheme in the UK.
- Advising a high-net-worth individual in English High Court proceedings defending claims and asserting counterclaims arising from a failed mining venture in Mainland China, including coordination with parallel labour tribunal proceedings in Mainland China.
- Defending the Kyrgyz Republic in Stans Energy’s US$200 million investor-State claim relating to the mining of rare metals.
- Representing Emmerson International, Mikhail Abyzov and others in a US$1 billion BVI dispute governed by English law, arising from an oral joint venture agreement concerning power generation and distribution assets in Russia and Ukraine.
- Representing a North American contractor in a substantial LCIA arbitration against one of the world’s largest mining and metals companies concerning the construction of a copper smelting plant in the Arctic Circle.
- Assisting a major pharmaceutical company in the successful settlement of a dispute following mediation and dispute avoidance work, involving several potential LCIA arbitrations concerning alleged non-supply of a portfolio of pharmaceutical drugs.
- Defending a high-net-worth art dealer in English High Court claims brought by a member of the Qatari royal family arising from the purchase of various antiquities.
- James has been recognised in Legal 500 and Chambers since 2020 for both international arbitration and commercial litigation
- Legal 500 has commended him as an “infrastructure, energy and renewables sector expert”
- James has been praised by clients as “first rate”, “excellent”, possessing “masterful drafting skills” and being “very knowledgeable and commercially focused”
- Solicitor, England & Wales
- Solicitor, Hong Kong (SAR)
- Solicitor, New South Wales (Australia)
- BA (First Class Honours), LLB, LLM