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James Elliott

Associate

James acts for multinationals and State-owned enterprises in complex, high-value and 'bet the company' disputes under a wide range of applicable laws and arbitral rules.

James's experience spans the energy, infrastructure, oil and gas, maritime and sports sectors, and he has particular expertise in complex construction disputes concerning mega-projects in emerging markets, as well as M&A, shareholder, and joint venture disputes, often involving multiple interrelated proceedings. In addition to dispute resolution, James advises clients on strategies to avoid disputes when they arise, particularly in relation to ongoing projects and transactions.

James has acted in arbitrations under major arbitral rules including UNCITRAL, ICC, HKIAC and DIAC, as well as in Dispute Adjudication Board proceedings. He has acted in disputes under a variety of governing laws, including English, Hong Kong, South African, Saudi and UAE law, and has advised clients in the Americas, Africa, the Middle East, Central Asia and East Asia. James also has a busy pro bono practice, focusing on public international law, where his experience has included advising clients on proceedings before international human rights courts, and advising NGOs on post-conflict peace negotiations in Europe and Africa.

James is based in Abu Dhabi, having previously worked in London.

Experience

Representative matters

  • A multinational consortium on claims of more than USD 1 billion related to the construction of an urban rail project in a major Middle Eastern city. The laws of the Middle Eastern state apply.
  • A heavy equipment supplier and contractor in relation to a number of delay, disruption, defects and other disputes arising out of two energy construction projects in Africa with claims and counterclaims of over USD 2 billion. The law of the country of the projects applies.
  • A joint venture partner in the maritime sector in a series of arbitrations and court proceedings arising from a failed joint venture, with claims of over USD 60 million. Hong Kong law applies.
  • A Saudi Arabian state-owned developer in relation to claims and counterclaims in respect of the development of a major tourism project. Saudi law applies, with disputes to be referred to the Saudi Centre for Commercial Arbitration.
  • A European energy company in disputes arising out of two projects for the design, supply and installation of energy substations in high profile urban development projects in Dubai, including a DIAC arbitration in respect of one of the projects. The contracts are governed by the Laws of Dubai and the Federal Laws of the UAE.
  • A Middle Eastern company, as project owner, in a series of disputes with two sets of international EPC contractors in respect of a major water desalination project. The law of the Middle Eastern State applies and the contracts provide for ICC arbitration seated in that State.
  • A Middle Eastern company, Claimant in an UNCITRAL arbitration in London against an Asian company. The dispute arises out of a contract for the fabrication of onshore oil drilling rigs. English law applies.
  • An African company and its shareholder, Claimants in an ICC arbitration in London against North American companies. The dispute arises from the termination of a consultancy agreement relating to oil drilling services. Over USD 100 million at stake. English law applies.
  • An investor in an ICSID arbitration against an Asian sovereign State relating to a renewable energy project.
  • Advice to a multinational oil and gas company in relation to rights regarding a major international crude oil transportation project in Central Asia. English law applies.
  • A large energy multinational in respect of potential arbitration claims, including under different bilateral and multilateral investment treaties, in connection with oil and gas assets in Central Asia.
  • Advice to a football club in relation to the recognition and enforcement of a Court of Arbitration for Sport award issued against a former player. The FIFA Regulations, Swiss law and the law of the player's domicile applied.

Pro bono

Advising the Public International Law & Policy Group on dispute resolution and enforcement mechanisms for the implementation of a peace agreement.

Advising the Public International Law & Policy Group on federal government structures for the development of a new constitution.

Advising on submissions to the African Court on Human and Peoples' Rights and African Commission on Human and Peoples' Rights, relating to the unlawful killing of journalists in an African State, including issues of jurisdiction and admissibility.

Advising on submissions to the European Court of Human Rights relating to the jurisdiction of the court and the right to life, concerning the unlawful killing of journalists in a European State during a time of war.

Advising on submissions to the United Nations Universal Periodic Review relating to human rights abuses in a Middle Eastern State.

Advising on refugee and migrant leave to remain applications, non-molestation orders for victims of domestic violence, and social security tribunal appeals.

Leadership Positions And Professional Affiliations

  • Member, Society of Construction Law (Gulf)
  • Member, Young International Arbitration Group (YIAG)
  • Member, Young International Council for Commercial Arbitration (Young ICCA)

Qualifications

Admissions

Solicitor, England & Wales, 2022

Academic

BA, History, University of Oxford, 2016

Graduate Diploma in Law, BPP University, 2019

MSc, Law, Business and Management, University of Law, 2020

LLM, International Dispute Resolution, Queen Mary, 2024

Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.