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James Lloyd Loftis

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Loftis, James Lloyd

Biography
James focuses his practice on international commercial arbitration and investor-state disputes, particularly disputes involving state contracts and investment agreements.

His practice includes disputes in a number of industries, including all aspects of energy and infrastructure development and construction, as well as M&A and project finance, technology and environmental services, and sovereign debt. He also represents and advises clients in antitrust matters and international and cross-border litigation, including handling or managing arbitral award enforcement in a number of jurisdictions.

James has acted in arbitrations around the world under the rules of the ICC, LCIA, AAA, ICSID, and UNCITRAL, and several regional institutions. He has extensive experience in investor-state relations and disputes, as well as the resolution of disputes under bilateral and multilateral investment treaties and particular infrastructure development agreements, such as BOT and BOMT projects.

He is a member of the ICC Commission on Arbitration, is listed in Global Arbitration Review, is the ABA's delegate to the LCIA Court of Arbitration in London, is listed in Legal Media Group's (Euromoney's) Expert Guide to Commercial Arbitration, and is ranked in international arbitration in both Chambers Global and Chambers USA. He is listed in The Best Lawyers in America® for international arbitration.

From 1997 - 2000, James served in Geneva, Switzerland, as chief counsel for the Oil Sector and Construction and Engineering Panels of the United Nations Compensation Commission (the Gulf War claim tribunal).

James also advises investors on investment laws and international investment treaties, and assists in structuring transactions to manage international dispute risk, including compliance and FCPA obligations, and in the development of dispute resolution agreements.

James maintains offices in London and in Houston, and is V&E's International Dispute Resolution Practice Specialty Leader. He is admitted in Texas and in the Dubai International Financial Centre Courts.

In 2009, James was appointed as adjunct professor at the University of Texas School of Law where he teaches international investment law and investor-state disputes.


Representative Experience
International Arbitration - Energy
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  • Represented purchaser of interests in upstream investments in South America in LCIA arbitration with seller over claims for indemnity payments in excess of US$250 million due for government’s cancellation of licenses
  • Act for sponsors of major alternative fuels project in LCIA arbitration against fuel synthesis technology provider
  • Act for North American supplier of fuel to Coalition Forces in Iraq in connection with dispute with former shareholder and local agent in Jordan and United States and in LCIA arbitration with logistics company over fuel transport business divestiture agreement
International Arbitration - Investor-State Disputes
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  • Represent North American investor in LCIA arbitration against Armenia over breach of investment agreement and BIT claims
  • Represent American and Emirati investors in ICC arbitration against sovereign wealth fund of North African state over breach of exclusive export rights agreements
  • Act for Italian investor in Central Asian state in multi-jurisdiction dispute involving expropriatory acts by Government, potential claims under BIT and court litigation with former partner and financing party
International Arbitration - Infrastructure/Construction
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  • Advising a Middle Eastern-European joint venture company in connection with substantial disputed construction claims under English law EPC involving an integrated power and water project in the Middle East
  • Acting for a European engineering and construction contractor in connection with extensive claims under an English Law EPC for an industrial gas production facility in the Middle East
  • Advise Indian sponsor of offshore oil and gas development project in connection with disputes with EPC contractor and suppliers over construction and installation of offshore facilities
International Arbitration - M&A/Project Finance
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  • Represented purchaser of interests in upstream investments in South America in LCIA arbitration with seller over claims for indemnity payments in excess of US$250 million due for government’s cancellation of licenses
  • Represented owner of power generation facility in UNCITRAL arbitration with offtaker/guarantor over credit support obligations for power sales involving claims in excess of US$1 billion
  • Acted for owners of power generation facility in Pakistan in ICC arbitration with shareholder over disposition of plant
Multi-Jurisdiction Disputes
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  • Represent Indian oil and gas client in connection with disputes over rig workover and operations involving actions in Singapore and UK courts and in ICC arbitration
  • Represented international oil field services company in multi-jurisdictional probe involving review of activities in Iraq during UN mandate period, including response to multi-jurisdictional investigative requests
  • Act for Italian investor in Central Asian state in multi-jurisdiction dispute involving expropriatory acts by Government, potential claims under BIT and court litigation with former partner and financing party
International Arbitration - Technology/Environmental
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  • Act for sponsors of major alternative fuels project in LCIA arbitration against fuel synthesis technology provider
  • Acted for an Asian oil and gas company in arbitration with a service supplier over drilling and environmental costs
  • Represented the seller in an ICC arbitration involving buyer’s claims on environmental representations and warranties for a hazardous waste facility in Latin America
International Litigation - Enforcement
  • Represented or advised clients in U.S. federal and state court actions on enforcement of arbitral awards and agreements to arbitrate, including anti-suit, and anti-arbitral injunction actions
  • Represented or advised clients in proceedings in several foreign jurisdictions, typically multi-jurisdiction litigation or proceedings over arbitral awards or agreements to arbitrate, including in China, Brazil, England, France, Pakistan, Iraq, and India
  • Represented or advised clients in U.S. proceedings to secure evidence for use in foreign court litigation
Litigation - Antitrust/Competition
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  • Act for American asphalt refiner and trader in antitrust litigation against South American state oil company for manipulation of particular market for asphalt and in ICC arbitrations over breach of long-term supply contract
  • Represented major independent oil and gas company in antitrust litigation over closure of transportation facilities
  • Advised major oil and gas company on essential facility and Robinson-Patman Act issues in various transactions
Prior results do not guarantee a similar outcome.

Education and Professional Background
  • University of Texas School of Law, J.D., 1990
  • University of Texas, B.B.A., 1983
  • Admitted to practice: Texas, 1990; U.S. Courts of Appeal for the Fifth and Federal Circuits; U.S. District Court for the Southern District of Texas
  • Granted rights of audience before the Dubai International Financial Centre Court, 2009
  • Other Languages: French (proficient), Russian, and Spanish (reading proficient)
Professional Recognition
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  • "Leader in the field of Energy and Projects: Disputes (London & UK-wide)," Chambers UK: 2011
  • "Leader in the field of Dispute Resolution: International Arbitration (London)," Chambers UK: 2011
  • "Leader in the field of Energy and Projects: Disputes," Chambers UK: 2010
Activities and Affiliations
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  • ABA Delegate: LCIA Court of Arbitration
  • U.S. Delegate: ICC Commission on Arbitration
  • Chair: International Law Section, State Bar of Texas, 2005 - 2006
Publications and Presentations
View All
  • "Expert Evidence in International Arbitration: Are Standards Needed?' Weighing the Facts: Information Exchange and Presentation of Evidence in International Commercial and Investment Arbitration Conference, The Hague, May 2009 (moderator)
  • "Recent Set-backs in Enforcement of Arbitration Awards: Whispers of Revolution or Pockets of Resistance?,"  News & Notes, Spring 2008, Vol. 22, No. 2 published by The Institute for Transnational Arbitration of the Center for American and International Law (co-authored with Alden L. Atkins)
  • “Consortium Parties in International Disputes – Perspectives of Clients and Counsel on Joint Legal Representation,” Russia/Caspian Law Workshop, London, October 2007


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James Lloyd Loftis
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Arbitration and ADR

Asia Pacific

Latin America

China

Commercial and Business Litigation

Construction Litigation

Dispute Resolution - International

Energy

Energy/Oil and Gas Litigation

Export Controls and Economic Sanctions

Finance

Foreign Corrupt Practices Act

International Dispute Resolution

Iraq

London/Europe

Middle East and North Africa

Project Finance and Development

Technology


"Adored by clients for his calm yet firm approach to disputes work" - Chambers UK, 2010