Boykin, James

James H. Boykin is Co-Chair of the International Arbitration practice group in the Washington, DC, office of Hughes Hubbard & Reed. His practice focuses on international arbitration and includes state-to-state and investor-state arbitration as well as commercial disputes.

James has represented investors in treaty arbitrations under the ICSID, UNCITRAL, and SCC Rules. In addition, he has represented clients in commercial arbitrations under the ICDR and ICC Rules. James is a member of the Expedited Commercial Panel of the American Arbitration Association as well as the Arbitration Council of the German Arbitration Institute (DIS).

Highlighted Publications

Quoted, “Arbitrator’s Guilty Verdict Puts UK Funder’s Investment at Risk,” Bloomberg Law, January 8, 2024
“Outlook for Investment Treaty Arbitration,” Corporate Disputes Magazine, Jul. - Sep. 2021 Issue
"Advocacy Against an Absent Adversary," co-authored with John M. Townsend, The Global Arbitration Review: The Guide to Advocacy, Fourth Edition, edited by Stephen Jagusch QC, Philippe Pinsolle, Alexander G Leventhal, October 2019
"Discovery in Aid of International Arbitration: California Dreaming?,” Zeitschrift fur Deutsches und Amerikanisches Recht, Abschiedsheft, June 2018
Commentary on Seagate v. Western Digital Corp., Revista Brasileira de Arbitragem No. 49, March 2016
"Protection of Communications with Company Lawyers: The Last Gap in the Common Law –Civil Law Divide in Arbitration," co-authored with John M. Townsend, Festschrift for Siegfried H. Elsing on His 65th Birthday, edited by Werner F. Ebke, Dirk Olzen, Otto Sandrock, R&W Fachmedien Recht und Wirtschaft, 2015
"Fruits of the Poisonous Tree: The Admissibility of Unlawfully Obtained Evidence in International Arbitration," co-authored with M. Havalic (TDM, ISSN 1875-4120), October 2014 www.transnational-dispute-mana...
“Judicial Review of Arbitral Awards in the United States: The Uncertain Future of ‘Manifest Disregard of the Law,’” co-authored with Jan K. Dunin-Wasowicz, Arbitration e-Review 16-17(1-2), 2014
Quoted in “BG v. Argentina Appeal to Go Ahead,” Global Arbitration Review, June 10, 2013
“To Enforce or Not to Enforce: Two Recent Illustrations of Problems Enforcing International Arbitration Awards Against Foreign Sovereigns in U.S. Courts,” co-authored with Jan K. Dunin-Wasowicz, New York Dispute Resolution Lawyer, Spring 2012, Vol. 5, No.1
“Confidentiality Under the EU Mediation Directive Compared to the U.S. Uniform Mediation Act and U.S. State Laws – A Critical Assessment,” co-authored with Gerhard Wegen, Ingrid Naumann and Molly Gaston, IBA Mediation Committee Newsletter, September 2008
“Legal Privilege – The Debate,” IBA In-House Perspective 2, no. 1, 2006: 19-21 and IBA Litigation Committee Newsletter, April 2006: 20-22

Highlighted Lectures

Panelist, 14th Annual International Investment Law and Investment Arbitration Roundtable (“Gesprächskreis Investitionsrecht und –schiedsgerichtsbarkeit”), 14 November 2018, Frankfurt, Germany
Moderator, Hot Topics in International Arbitration, ICDR and Georgetown International Arbitration Society, 6 November 2018, Washington D.C.
Lecturer, Harvard International Arbitration Law Students Association, The Legitimacy Crist of Investment Arbitration: Fake News or Valid Criticisms?, 23 October 2018, Cambridge, Massachusetts
Panelist, DAJV Working Group Day, New Approaches to Attorney Remuneration and Financing in Times of Digitalization, 17 March 2017, Frankfurt, Germany
Panelist, 12th Annual International Investment Law and Investment Arbitration Roundtable (“Gesprächskreis Investitionsrecht und –schiedsgerichtsbarkeit”), 14 November 2016, Frankfurt, Germany
Panelist, ICDR Y&I/GIAS Conference, “Best Practices in International Arbitration,” 24 October 2016, Washington D.C.
Panelist, DAJV Conference, “The Implementation of Investor–State Dispute Settlement into the Transatlantic Trade and Investment Partnership (TTIP),” 9 July 2015, Berlin, Germany
Moderator, 4th ICDR & CCB International Arbitration & Mediation Conference, “Understanding the Role and Power of the International Arbitrator,” 15 October 2015, Bogotá, Colombia
Panelist, ICC YAF, “What Makes a Good Advocate in International Arbitration,” 12 December 2013, London, England
Panelist, International Bar Association, “What’s Past is Prologue: New Rights and Obligations in Transatlantic Trade, Sales and Investment,” 9 October 2013, Boston, Massachusetts
Panelist, ICDR Young & International Conference: Beyond the Common Law–Civil Law Divide, New Trends in the Taking of Evidence, “Discovery in International Arbitration under 28 USC § 1782,” 29 May 2013, Tokyo, Japan
Lecturer, German–American Lawyers’ Association, “Recent Developments in U.S. Federal Law on Arbitrability: The End of Competence-Competence?” 22 January 2013, Halle, Germany
Lecturer, Stuttgart Bar Association, “Recent Developments in U.S. Dispute Resolution that German Businesses Should Care About,” 17 January 2013, Stuttgart, Germany
Lecturer, University of Tübingen, “Third Party Funding in International Arbitration,” 16 January 2013, Tübingen, Germany
Lecturer at the Colloquium on International Arbitration at the Speyer University for Administrative Sciences (Lehrbeauftragter an der Deutschen Hochschule für Verwaltungswissenschaften Speyer), 10-11 July 2009 ,16-17 July 2010, 8-9 July 2011, 13-14 July 2012, 13-14 January 2013, Speyer, Germany
Panelist, International Bar Association, Annual Conference, “The do’s and don’ts of trial work – an Asian, European, and North American perspective,” 4 October 2012, Dublin, Ireland
Moderator, Sciences Po, École de Droit and ICDR Y&I Seminar, “The Challenge of Proactivity: Techniques for Enhancing Procedural Efficiency in International Arbitration,” 1 June 2012, Paris, France
Panelist, ICC YAF Event, “Third Party Funding in International Arbitration,” 25 May 2012, Frankfurt, Germany
Speaker, 2011 Annual Virginia Statewide Legal Aid Conference, “Litigating Against Debt Settlement Companies,” 27 October 2011, Williamsburg, Virginia
Panelist, Institute for Transnational Arbitration, Annual Dallas Roundtable, “Oral Evidence in International Arbitration Proceedings,” 15 June 2011, Dallas, Texas
Panelist, 27th AAA/ICC/ICSID Joint Colloquium on International Arbitration, “Allocation of Costs as a Tool to Manage Arbitral Proceedings and Costs Related to Access to the Process,” 17 November 2010, Paris, France
Speaker, 2010 Annual Virginia Statewide Legal Aid Conference, “How to Make Arbitration Work for the Consumer,” 4 November 2010, Richmond, Virginia
Speaker, Young Arbitrators Stockholm, “All or Nothing–A Debate on the Production of Documents,” 15 September 2010, Stockholm, Sweden
Speaker, Association Suisse de l‘Arbitrage 40, “Interest and Costs in International Arbitration– A Selection of Issues and Solutions,” 11 June 2010, Geneva, Switzerland
Speaker, “A Debate on Iura Novit Curia,” ICDR Young & International, Anniversary Program, 28 March 2010, Vienna, Austria
Moderator, Perspectives on Arbitration in the Middle East, ICDR Young & International, 19 November 2009, Washington D.C.
Moderator, Fourth Annual Dallas Roundtable: A Meeting for Young International Arbitrators, “Arbitration Rules and Guidelines on the Move: Changes in the IBA Rules, UNCITRAL Rules, ICSID Rules and the Recently Issued ICDR Guidelines,” 17 June 2009, Dallas, Texas
Moderator, ICDR Young & International, “Taming Wild Horses: Managing Information Exchange in the Era of eDiscovery,” 15 November 2008, New York, New York
Faculty, Fifth Annual Seminar on International Commercial Arbitration: How to Handle Intellectual Property and Telecommunication Cases, 27-30 October 2008, Washington, D.C.
Panelist, DIS-40 and ICDR Young & International, “Transatlantic Users' Expectations of the International Arbitral Process–Two Worlds Apart?” 4 September 2008, Frankfurt, Germany
Faculty, Third Annual Dallas Roundtable: A Meeting for Young International Arbitrators, “Damages, Costs, and Interest in International Arbitration,” 18 June 2008, Dallas, Texas

Professional Activities

Member, German Arbitration Institute (DIS) Arbitration Council (2022-present)
International Arbitration Editorial Advisory Board for Law360 (2018)
Board of Directors of the American Branch of the International Law Association (2016-present)
Adjunct Professor, American University, Washington College of Law (2008–present)
Adjunct Professor, College of William & Mary, School of Law (2014–2015)
Member, American Arbitration Association, Expedited Commercial Panel
Member (ex officio), Global Advisory Board of ICDR Young & International (2010–2013)
International Bar Association, Mediation Committee Officer (Secretary and Website Coordinator) (2006–2011)
Member, Executive Board of ICDR Young & International (2007–2010)
Deutsch-Amerikanische Juristen-Vereinigung (German–American Lawyers‘ Association)

Recognitions

Recognized as a leading practitioner in Who's Who Legal Thought Leaders: USA (2023)
Recognized by Chambers USA: International Arbitration: Counsel (2023-2024)
Recognized by The Legal 500 United States, Dispute Resolution: International Arbitration (2018-2024)
Recognized in The International Who's Who of Arbitration Lawyers (2015–2018, 2022)
2012–2020, 2023 Capital Pro Bono Honor Roll, sponsored by the District of Columbia Court of Appeals and the Superior Court of the District of Columbia
Distinguished Service Award, American Arbitration Association, November 2010
Best Pro Bono Achievement, Virginia Legal Aid Society, November 2009

Court Admissions

United States Supreme Court
United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the District of Columbia Circuit
United States District Courts for the Eastern and Western Districts of Virginia and the District of Columbia
Supreme Court of Virginia
District of Columbia Court of Appeals
United States Bankruptcy Court for the Western District of Virginia
United States Bankruptcy Court for the Eastern District of Virginia

Highlighted Matters

Highlighted Matters As Counsel

Counsel to a U.S. investor in ICSID arbitration proceedings against the Republic of Turkey
Counsel to a U.S. investor in ICSID arbitration proceedings against the Republic of Armenia
Counsel to Ukrainian bank in UNCITRAL arbitration proceedings against the Russian Federation concerning the Russian Federation’s breaches of international law following the annexation of Crimea
Counsel to Ukrainian investors in the aviation sector in UNCITRAL arbitration proceedings against the Russian Federation concerning the Russian Federation’s breaches of international law following the annexation of Crimea
Counsel to Ukrainian investors in the energy sector in UNCITRAL arbitration proceedings against the Russian Federation concerning the Russian Federation’s breaches of international law following the annexation of Crimea
Counsel to Ukrainian real estate developers in UNCITRAL arbitration proceedings against the Russian Federation concerning the Russian Federation’s breaches of international law following the annexation of Crimea
Defense of U.K. national and related family office against RICO claims brought by an Ethiopian national in the U.S. District Court for the Eastern District of Virginia
Counsel to Turkish investor in arbitration proceedings against the Republic of Kazakhstan under the ICSID Convention
Counsel to Canada in international arbitration proceedings initiated by the United States under the Softwood Lumber Agreement
Counsel to leading information services provider in claims against formerly related companies in arbitration proceedings in New York under ICDR International Rules
Defense of French industrial engineering conglomerate in arbitration proceedings in New York under ICDR International Rules
Counsel to U.K. investor in a claim of expropriation against foreign sovereign in arbitration proceedings before the Stockholm Chamber of Commerce
Advise investment funds on structuring investments to obtain protections available under bilateral investment treaties
Represent consumers in arbitration proceedings against debt settlement companies and car title lenders

Highlighted Matters as Arbitrator

Party-appointed arbitrator in ICSID arbitration (Lotus Holding Anonim Şirketi v. Turkmenistan, Case No. ARB/17/30) brought by a Turkish investor against Turkmenistan for alleged breaches of the Turkey–Turkmenistan bilateral investment treaty
Party-appointed arbitrator in ICSID arbitration (Görkem Inşaat Sanayi ve Ticaret Limited Şirketi v. Turkmenistan, Case No. ARB/16/30) brought by a Turkish investor against Turkmenistan for alleged breaches of the Turkey–Turkmenistan bilateral investment treaty
Sole arbitrator in AAA arbitration under AAA Commercial Arbitration Rules of a dispute arising out of purchase and sale agreement
Sole arbitrator in AAA arbitration under AAA Commercial Arbitration Rules of a dispute between an adoption agency and its clients for alleged breach of contract
Sole arbitrator in multiple AAA arbitrations under AAA Commercial Arbitration Rules of disputes between a hotel chain and franchisees based both in the United States and abroad
Sole arbitrator in two AAA arbitrations under AAA Commercial Arbitration Rules of disputes arising out of home warranty agreements
Sole arbitrator in AAA arbitration under AAA Commercial Arbitration Rules of a dispute arising out of a luxury residential lease agreement

Can Parties Be Required to Mediate Before Proceeding to Arbitration?

Client Advisories

December 2, 2024 - In Dispute

What Factors Should be Considered When Choosing an Arbitrator?

Client Advisories

November 4, 2024 - In Dispute

What is Third Party Funding? How Is It Used in International Arbitration?

Client Advisories

March 6, 2024 - In Dispute

International Commercial Arbitration vs. U.S. Commercial Litigation – Key Differences

Client Advisories

January 11, 2024 - In Dispute