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Articles by James Boykin
DC Circuit Rejects India’s Sovereign Immunity Defense in Enforcement of $174 Million Arbitration | JD Supra
The U.S. Court of Appeals for the District of Columbia Circuit rejected India’s motion to dismiss, based on sovereign immunity, a $174 million arbitration award in a dispute with German telecommunications provider Deutsche Telekom. The firm is representing Deutsche Telekom in India’s appeal against the enforcement of a March 2024 arbitral award, which concerned India’s cancellation of a satellite spectrum contract, an alleged breach of its 1995 bilateral investment treaty with Germany. On Oct.
ESG In BITs (Part I): Why ESG Provisions In Recent International Investment Treaties Matter
Oct. 2, 2025 – This is the first of three entries in Hughes Hubbard's "In Dispute" series in which we will examine how some recent bilateral investment treaties (BITs) are incorporating and addressing environmental, social and governance (ESG) objectives. This might seem an odd topic, particularly to readers from the United States, where ESG has seemingly fallen out of favor in recent years. At the international level, however, ESG remains a priority for many governments.
ESG in BITs (Part I): Why ESG Provisions in Recent International Investment Treaties Matter | JD Supra
This is the first of three entries in Hughes Hubbard’s “In Dispute” series in which we will examine how some recent bilateral investment treaties (BITs) are incorporating and addressing environmental, social and governance (ESG) objectives. This might seem an odd topic, particularly to readers from the United States, where ESG has seemingly fallen out of favor in recent years. At the international level, however, ESG remains a priority for many governments.
International Commercial Arbitration vs. U.S. Commercial Litigation – Key Differences | JD Supra
Introduction Companies doing business internationally often insert arbitration clauses in their contracts. They do so for good reasons. One is to ensure that future disputes will be resolved in a neutral forum, not in the home court of the counterparty. Another is to maximize the chances that the decision will be enforceable where the counterparty’s assets are located. Indeed, foreign courts are generally under no obligation to recognize and enforce U.S. court judgments.
What is Third Party Funding? How Is It Used in International Arbitration? | JD Supra
What Is Third Party Funding? International arbitration can be a costly endeavor. Third Party Funding (TPF) – also known as litigation funding or litigation finance – is a way for a claim holder or claimant in an international arbitration to finance the costs associated with pursuing that arbitration. In exchange for providing capital to cover arbitration costs, the funder will stand to receive a portion of the final arbitral award if the dispute is decided in the claimant’s favor.
What Factors Should be Considered When Choosing an Arbitrator? | JD Supra
Arbitration is an increasingly popular method of dispute resolution because it puts clients in the driver’s seat. Unlike domestic litigation, where the parties have virtually no control over the assignment of the judge who presides over their case, arbitration allows the parties to play a key role in selecting the ultimate decision-makers in the dispute.
What’s an Emergency Arbitrator? And Should I Appoint One? | JD Supra
What is an emergency arbitrator? In the early 2000s, arbitral institutions began to introduce rules allowing for the appointment of an emergency arbitrator – a sole arbitrator appointed on an expedited basis to deal with claims for interim relief that cannot wait until the tribunal is constituted. While an arbitral tribunal can generally grant interim relief, it can take weeks, or even months, to constitute an arbitral tribunal.
What Business Sectors Use International Arbitration and Why? | JD Supra
What industries use international arbitration most frequently? International arbitration is used across a broad range of industries, but statistics from the International Centre for Settlement of Investment Disputes (ICSID) and the International Chamber of Commerce (ICC) — two prominent arbitration institutions — show that certain industries tend to utilize international arbitration more than others.
When is a Party Required to Arbitrate? | JD Supra
Over the past few decades, arbitration agreements have become increasingly common in contracts between corporations, workers and customers. In fact, you’ve likely agreed to one in signing a generic consumer agreement or by checking a terms and conditions box. They are also commonplace within global contexts, such as in international contracts between foreign investors and sovereign nations.
When Is A Party Required To Arbitrate?
Over the past few decades, arbitration agreements have become increasingly common in contracts between corporations, workers and customers. In fact, you've likely agreed to one in signing a generic consumer agreement or by checking a terms and conditions box. They are also commonplace within global contexts, such as in international contracts between foreign investors and sovereign nations.
What Business Sectors Use International Arbitration And Why?
What industries use international arbitration most frequently? International arbitration is used across a broad range of industries, but statistics from the International Centre for Settlement of Investment Disputes (ICSID) and the International Chamber of Commerce (ICC) — two prominent arbitration institutions — show that certain industries tend to utilize international arbitration more than others.
Litigation Wrap: Fourth Quarter 2024
January 2025 – Read about the firm's most exciting recent litigation and arbitration victories in our Litigation Wrap for the fourth quarter of 2024. Jim Boykin, John Townsend and Eleanor Erney won an important ruling that the Russian government is not immune from defending a suit seeking confirmation of an over $34 million arbitration award against the country in favor of a group of 11 Ukrainian companies. Read more about our arbitration win.
What Factors Should Be Considered When Choosing An Arbitrator?
Arbitration is an increasingly popular method of dispute resolution because it puts clients in the driver's seat. Unlike domestic litigation, where the parties have virtually no control over the assignment of the judge who presides over their case, arbitration allows the parties to play a key role in selecting the ultimate decision-makers in the dispute.
What Is Third Party Funding?
International arbitration can be a costly endeavor. Third Party Funding (TPF) – also known as litigation funding or litigation finance – is a way for a claim holder or claimant in an international arbitration to finance the costs associated with pursuing that arbitration. In exchange for providing capital to cover arbitration costs, the funder will stand to receive a portion of the final arbitral award if the dispute is decided in the claimant's favor.
International Commercial Arbitration vs. U.S. Commercial Litigation – Key Differences - Arbitration & Dispute Resolution - United States
Companies doing business internationally often insert arbitration clauses in their contracts. They do so for good reasons. One is to ensure that future disputes will be resolved in a neutral forum, not in the home court of the counterparty. Another is to maximize the chances that the decision will be enforceable where the counterparty's assets are located. Indeed, foreign courts are generally under no obligation to recognize and enforce U.S. court judgments.
Comparing Timelines: What Do Statistics Reveal About The Length Of International Commercial Arbitration Vs. U.S. Federal Litigation?
Arbitration is sometimes touted as a more effective dispute resolution mechanism than litigation. In the U.S., one of the main reasons businesses build arbitration clauses into their contracts is the desire to avoid the lengthy and costly process of litigation. The American Arbitration Association (AAA) suggests that the average AAA arbitration (for domestic and commercial disputes) is resolved within 11.6 months, while the average U.S. federal court case can take 24 months just to get to trial.
The Politics Of The Empty Chair: What Happens When A Party Fails To Appear In An International Arbitration?
In U.S. court litigation, when a defendant fails to appear in the proceedings, the plaintiff can normally obtain a default judgment in its favor without having to present evidence. Is the same true in international arbitration? Can the non-defaulting claimant obtain a 'default award' against a defaulting respondent?
Advocacy against an Absent Adversary
On the floors of Tokyo A-down in London town’s a go go A-with the record selection, And the mirror’s reflection, I’m a dancin’ with myself Advocates trained in an adversary system acquire a set of skills that is generally useful and effective for dealing with an adversary.
Bracing For Russian Actions Against Foreign Investments
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What security lessons did we learn from the Capitol insurrection?
The insurrection at the U.S. Capitol building was a broadcasted collapse of U.S. government security. In the act of terror, physical and operational security policies failed to protect a federal facility. This attack, however, was not a surprise.
The needs of women veterans
Twitter Join the conversation on Twitter using #WomenVeterans Women are the fastest growing cohort of the U.S. armed forces, and it is essential that the military and veteran community take action to meet the evolving needs of this important group. On March 12, Wounded Warrior Project will join Foreign Policy at Brookings to share data and insights gathered through engagements with nearly 5,000 female service veterans, as part of their Women Warriors Initiative.
James Boykin - ddtonline.com: Obituaries
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