Overview
James McGlaughlin focuses his practice on investment and commercial arbitration, arbitration-related litigation, and public international law matters.
With extensive experience in high-stakes disputes arising out of a variety of sectors and in different regions of the world, particularly Latin America and the Middle East, James has represented clients in arbitrations conducted under different institutional and ad hoc rules, including those of the International Chamber of Commerce, International Centre for Settlement of Investment Disputes (ICSID), London Court of International Arbitration, United Nations Commission on International Trade Law, and Saudi Centre for Commercial Arbitration.
Previously, James was a senior associate an international law firm, including spending several years as an International Associate in the firm’s Mexico City office. James has working proficiency in Spanish and has represented clients in ICSID arbitration proceedings conducted in both English and Spanish.
He is actively involved in the legal community, serving as a Guest Lecturer on the University of Edinburgh’s International Economic Law LLM programme and as a Judge for The Philip C. Jessup International Law Moot Court Competition. James has also authored a chapter for The Palgrave Handbook of Arbitration in the African Energy and Mining Sectors and contributed to other publications, including the ICSID Reports, EU Law Live, New Law Journal and Kluwer Arbitration.
Results
Ongoing Matters
- Representing an Italian multinational contractor and its Russian subsidiary as claimants and counterclaim respondents in ICC arbitration proceedings seated in London under English and Russian law arising out of contracts for the engineering, procurement, construction and commissioning of a fertilizer plant in Russia.
- Representing an Italian multinational contractor in litigation ancillary to arbitration before the English commercial courts.
Recent Matters
- Successfully defending the Kingdom of Spain in UNCITRAL arbitration proceedings (conducted in Spanish and English) initiated against it by Mexican investors under the Mexico-Spain Bilateral Investment Treaty concerning an investment in Spain’s banking sector.*
- Successfully represented the Kingdom of Spain in post-award ICSID proceedings arising out of the Energy Charter Treaty, upholding the award originally granted in the Kingdom’s favour.*
- Represented the Republic of Colombia in ICSID arbitration proceedings (conducted in Spanish and English) initiated against it by US investors under the United States-Colombia Trade Promotion Agreement concerning an investment in an oil refinery, raising successful preliminary objections to have the claims dismissed in their entirety.*
- Represented the Kazakhstan in ICISD arbitration proceedings initiated against it by an Estonia investor under the Estonia-Kazakhstan Bilateral Investment Treaty concerning a construction project in Astana.*
- Successfully defending Kuwait in ICSID arbitration proceedings initiated against it by Spanish and Italian investors under the Spain-Kuwait and Italy-Kuwait Bilateral Investment Treaties concerning a construction project in Kuwait City.*
- Represented a CIS sovereign state in English court proceedings relating to the recognition and enforcement of an international investment arbitration award.*
- Successfully representing a state-owned energy company as defendant in English court commercial litigation proceedings involving conspiracy claims, with an asserted value of over US$5 billion.*
- Represented a Saudi company in SCCA arbitration proceedings concerning a dispute arising out of a Saudi law-governed commercial agreement in the food retail sector of Saudi Arabia.*
- Represented a CIS sovereign state in UNCITRAL arbitration proceedings concerning an alleged expropriation of an investment in its financial services industry.*
- Advised the Mexican state-owned oil company, Pemex, on the renewal of its financing agreements with US lenders.*
*Matter handled prior to joining McDermott
Community
- British Institute of International and Comparative Law, member
Credentials
Education
University of Edinburgh, LLM, First Class Honours, 2022
BPP University, LPC, Distinction, 2010
University of Bristol, LLB, 2009
Admissions
England and Wales
Languages
English
Spanish
