James Drake QC is an experienced advocate and arbitrator.
As counsel, James specialises in international commercial disputes, in court and in arbitration, and is qualified in London, New York and Australia. He specialises in all areas of commercial law, with particular emphasis on the following areas: commercial fraud; commodities; distributorship/ franchise; insurance and reinsurance; partnership; sport; and all related interlocutory and jurisdictional issues. He has appeared in courts and before arbitral tribunals in London, Sydney, New York, BVI, Antigua and Bermuda and maintains rights of audience in these jurisdictions.
As arbitrator, James is an experienced arbitrator in international commercial disputes, and is a member of the LCIA, a fellow of the CIArb and of ACICA, and a chartered arbitrator. He has extensive experience in international arbitrations (whether as sole or co-arbitrator or chairman) under the auspices of the LCIA, ICC, CIArb, AAA, FINRA, SMA, Swiss Arbitration, and in ad hoc arbitrations. James is also a member of various panels of arbitrators, including the CIArb’s Presidential Panel, ACICA, AMTAC, and AIAC.
James is also a member of the panel of arbitrators for the Court of Arbitration for Sport (Lausanne) and a panel member of Sports Resolutions UK and in recent years has had extensive experience across a variety of sports arbitrations.
Before coming to the Bar, James practised extensively in the US (New York) and in Australia (Sydney and Adelaide). He was a partner in Owen & Davis LLP (New York), since merged with Norton Rose, and an associate in the international firm of Baker & McKenzie (in their Sydney and New York offices).
James is also a qualified accountant, and worked with KPMG before the law. As a result, he has, unusually for the Bar, no fear of the mechanics of business and the commercial dimensions of legal disputes.
A v S (2021-22): A dispute between commercial counterparties in Bermuda with allegations of commercial fraud. The arbitration is pursuant to the LCIA Rules, with a sole arbitrator.
A v B (2019-20): Dispute between lessor and lessee of aircraft in relation to damage. CIArb ad hoc arbitration. Sole arbitrator.
Bank v XYZ (2021-22): LCIA dispute between bank and Russian counterparties in relation to proposed IPO. BVI law. Three arbitrator panel.
C v D (2019-20): Dispute under Singapore Chamber of Maritime Arbitration Rules relating to a contract for the sale of steel between Swiss and Canadian counterparties. New York law. Sole arbitrator.
Germany v U (2020-21): A dispute under Swiss Arbitration Centre Rules in respect of a contract for the sale of steel. Swiss law governs. Three arbitrator panel.
H v M (2019-21): A £500m dispute between founding members of a fund manager, sole arbitrator under ad hoc agreement. Sole arbitrator.
K v P and Ors (2021-22): A dispute under various LLP and related agreements between founder fund managers (€1 billion in committed capital). Arbitration in London under LCIA Rules, with a panel of three arbitrators.
M v M & Ors (2015-22): A dispute between shareholders of a group of companies, it being alleged that the group’s affairs were being conducted in a manner that unfairly prejudices the claimant minority shareholder. BVI law. Arbitration in London under LCIA Rules. A panel of three arbitrators.
N v H (2020-21): An ICC arbitration between a seller of oil and the Republic of Haiti. Panel of three arbitrators, subject to New York law, with Houston seat.
O v IP (2019-21): An LCIA arbitration concerning the fraudulent conversion of art-works. Three-member panel, English law.
S v C (2015-22): ICC arbitration, in London, with respect to a dispute between oil companies in relation to Nigeria concessions. USD450m claims, English and Nigerian law. A panel of three arbitrators.
S v M (2021-22): LCIA arbitration, in London, English law. Dispute between shareholders in relation to JV for the supply of electricity and alternative energy. Chair of panel of panel of three arbitrators.
Akmal v Pakistan Cricket Board (CAS; 2021): Appeal by Mr Akmal against the decisions banning him for his failure to disclose approaches by bookmakers. Sole arbitrator.
Coleman v WADA (CAS; 2021): An appeal by champion US sprinter, Mr Coleman, against his ban for whereabouts failures (in advance of the 2020 Tokyo Olympic Games). Chair of three member panel.
K v K (CAS; 2021): A dispute between national and international karate federations with respect to the termination by the IF of the NF status. Chair of three member panel.
L v World Athletics (CAS; 2021): A challenge by Russian Olympic highjumper against the World Athletics Council decision to suspend the ‘Authorised Neutral Athlete’ scheme for Russian athletes (ahead of the 2020 Tokyo Olympic Games). Chair of three arbitrator panel.
Leeper v International Association of Athletics Federations (CAS; 2020): An appeal by a double-amputee 400m sprint athlete against the decision by the IAAF to preclude him from competing in the 2020 Olympic Games. Chair of three arbitrator panel.
Players A and B v Club (Sports Resolutions; 2021): A dispute between players and club in relation to the contractual entitlements of the players upon the expiration of their contracts and related disciplinary sanctions. Chair of three arbitrator panel.
Rehm v International Olympic Committee and World Athletics: (CAS; 2021): An appeal by Mr Rehm, a renowned Paralympian in the long-jump event, against the decision of the IOC and World Athletics precluding him from competing in the 2020 Tokyo Olympic Games. Sole arbitrator.
Trinidad and Tobago Olympic Committee v WADA (CAS; 2020-21): An appeal by the TTOC against the ban of an athlete for whereabouts failures. Sole arbitrator.
Y v International Tennis Federation (CAS; 2021): An application for preliminary relief by a tennis player in respect of a provisional suspension. Sole arbitrator.
Various athletes v WADA (CAS; 2021-22): Various appeals by various Russian athletes against the bans imposed upon them pursuant to the so-called Russian doping scandal. Chair of three member panels/ sole arbitrator.
James has been involved in a number of commercial fraud cases in recent years. By way of recent example:
James has acted in a wide range of insurance and reinsurance cases.
James has had extensive recent experience in commercial arbitrations of all shapes and sizes.
James has been involved in an array of sports-related disputes over the years. By way of example, he represented the Surf Life Saving Club of Australia against Kellogg’s in relation to the rights for “Iron Man”. More recently, he also represented the British Amateur Gymnastics Association of the UK in a commercial dispute with its insurers in relation to the severe injury of one of its members.
US sprinter, Christian Coleman, current 100m world champion, ruled ineligible to compete for 18 months – and will miss Olympic Games
Sport Resolutions appointment
Court of Arbitration for Sport decision in relation to the ban imposed by the IAAF on amputee athlete Blake Leeper from competing in the Olympic Games
Court of Arbitration for Sport (CAS)
Orb a.r.l. and ors v Ruhan
James is a member of the London Court of International Arbitration, a Fellow of the Chartered Institute of Arbitrators, a Fellow of the Australian Centre for International Arbitration, and a Chartered Arbitrator. James is also a panellist on the KLRCA panel of arbitrators, ARIAS (UK), and AMTAC. James accepts arbitral appointments, and is regularly appointed (as sole arbitrator, chairman, or co-arbitrator) in both domestic and international arbitrations (current examples include ICC, LCIA, CIArb and ad hoc).
James is also a member of the Court of Arbitration for Sport (Lausanne) panel of arbitrators and a panel member of Sports Resolutions.
University of South Australia: BA (1980); University of Adelaide: LL.B (Hons) (1985); Columbia University of New York: LL.M (1991).
“Attention to detail and incisive analysis makes him an excellent choice for complex arbitration work”
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