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James Shaerf

James Shaerf

Year of call: 2021 (Solicitor of England and Wales (non-practising), 2012)

Called in 2021 (Solicitor of England and Wales (non-practising), 2012)

James joined Chambers in 2022 having practised for more than a decade as a solicitor in major law firms in Paris and London, acting as counsel in more than 20 international arbitrations and in large-scale commercial litigation - particularly in relation to large energy, construction, and defence projects. Since coming to the Bar, James has appeared led and unled in the High Court (in both the Commercial Court and Chancery Division), and in international arbitrations.

James accepts instructions in all civil and commercial litigation and international arbitration (commercial and investor-state) matters, with a particular interest in energy and construction disputes, banking, commodities, company law, and civil fraud.

James’s recent publications include:

“Australian appeal court rules on functus officio” in Global Arbitration Review (7 March 2023) (with David Brynmor Thomas KC)

“Delay Claims – Law” in Dealing with Delay and Disruption on Construction Projects (Sweet & Maxwell: July 2020) (with Oliver Marsden and Bryan Dayton).

“Making losses good – navigating the legal uncertainty of mitigation of damages in international maritime arbitration” (Paper on mitigation of damages under English and French law selected to be delivered at the International Congress of Maritime Arbitrators, Rio di Janeiro, March 2020).

“Unjust Enrichment as a Primary Rule of International Law” in General Principles and the Coherence of International Law (Brill: 2019) (with Dr Ben Juratowitch KC).

James has additionally presented conference papers and lectures in recent years on damages and evidence in international arbitration, sovereign immunity, and legal ethics.

James speaks fluent French and is happy to accept instructions with a Francophone element. 

Areas of expertise

Commercial

James accepts instructions in commercial cases of all stripes.

Cases of note:

  • Currently instructed as part of the Claimant’s counsel team in NMC Health PLC (in administration) v Ernst & Young LLP – a £2.5 billion claim against auditors in the Commercial Court arising from the collapse of a substantial healthcare business based in the United Arab Emirates. 
  • Palladian Partners LP v The Republic of Argentina [2023] EWHC 711 (Comm) – proceedings in the Commercial Court (Financial List) relating to GDP-linked securities issued by Argentina concerning the operation of the securities following Argentina’s decision to rebase its GDP.
  • Acted unled in Chancery Division proceedings, Hayre v Minhas, seeking a proprietary injunction and ancillary disclosure orders. 
  • LCIA proceedings for a major hedge fund arising out of the rehypothecation of securities held by a recently collapsed prime broker (English law).
  • Chancery Division proceedings on behalf of the trustees of a Guernsey trust pursued by the liquidators of offshore companies holding security interests over trust assets (as a solicitor)

International Arbitration

James has a decade’s experience acting as counsel in international arbitrations in a variety of sectors, including energy, real estate, mining, telecommunications, banking, and defence.

Cases of note:

  •  ICC proceedings relating to the enforcement of a English law guarantee in respect of performance of a contract for hotel management in France (English law, Paris seat).
  • ICSID proceedings against Croatia relating to a real estate complex in Dubrovnik
  • ICC proceedings for an Egyptian oil and gas company relating to non-delivery of gas to a downstream purchaser (English law)
  • LCIA proceedings for a Russian client over the fraudulent dilution of a shareholding in the holding company for telecommunications assets (English law, with satellite BVI and Cyprus litigation)
  • Ad hoc proceedings on behalf of a middle eastern government in relation to a defence offset agreement.
  • ICC proceedings for an African businessman in a commercial dispute arising out of the operation of a large African precious stones mine (English law)
  • SCC proceedings for a Russian confectionary company in a post-M&A dispute regarding misstatements in sales accounts (English law)
  • UNCITRAL proceedings on behalf of a central Asian state in relation to a dispute regarding a commercial real estate project
     

Construction

James has significant experience appearing in complex and technical construction disputes, including expert determinations.  James also regularly advises in relation to construction adjudications under the Housing Grants, Construction and Regeneration Act 1996.

Cases of note:

  • Acting in Chancery Division proceedings relating to insurance cover for latent defects in commercial real estate development. 
  • ICC arbitration and expert determination proceedings for a consortium of Asian engineering and construction firms relating to a petrochemical plant in north Africa (Algerian law)
  • SCC proceedings for a Russian oil and gas business related to the construction of gas turbines for use in a Moscow power plant (English law)
  • LCIA proceedings for a European oil and gas multinational relating to the construction of a semisubmersible mobile offshore drilling unit for drilling operations off the Libyan coast (English law)
  • ICC proceedings for a major European building materials company in a post-M&A purchase price-adjustment dispute and related expert determination (English law)

Recommendations

Who’s Who Legal: Arbitration as a “Future Leader” (non-partner), 2021