Partner, New York Phone +1-212-558-4000 Fax +1-212-558-3588 Add to Address Book

James Carter is a partner in the Litigation, Antitrust and Project Finance Groups and is co-coordinator of the international arbitration practice. He previously headed the Intellectual Property Group.

Mr. Carter is a widely recognized authority on international arbitration, with 35 years of experience as arbitrator or counsel in more than 100 cases, typically involving joint ventures or international trade or investment disputes. He is a leading exponent as well as a practitioner of international law and dispute resolution. Featured in The Lawdragon 500 Leading Judges in America (2006), Mr. Carter is singled out as being “on the short list of must-have international arbitrators.”

Long active in the American Arbitration Association (AAA), of which he is immediate past chairman of the board, Mr. Carter chaired or served as sole arbitrator in several recent cases, involving: (1) a dispute between Asian investors and an Asian government concerning development of electric power plants; (2) a dispute between U.S. and Swiss companies arising from a metals tolling agreement; (3) a dispute between Canadian and U.S. biopharmaceutical companies involving a license agreement for patented compounds; (4) a dispute between U.S. and European aerospace companies regarding a weapons system workshare agreement; and (5) a contract dispute involve the sale of quanitites of alumnina.

Mr. Carter serves as counsel in arbitration proceedings. Among other cases, he recently represented a Canadian gold mining company in an UNCITRAL Rules arbitration with the Kyrgyz Republic in Stockholm. In addition, he serves as counsel in U.S. litigation involving commercial, corporate, antitrust, securities and intellectual property matters.

Selected Cases

• Microsoft v. NVIDIA (Microsoft) – Contract dispute involving Xbox gaming console graphics chips
• Lubrizol v. Exxon (Exxon) – Motor oil patent infringement claim
• DataTreasury v. Small Value Payments Co. (NY Clearing House) – Electronic check clearing patent dispute
• College Board v. Pataki (College Board) – Copyright claim challenging NY State regulation of standardized testing
• Sanderson v. Instinet (Instinet) – Arbitration involving electronic trading market definition
• IMS Health v. Nielsen Media Research (IMS Health) – Contract claim arising from spin-offs of businesses from Dun & Bradstreet
• Paiton Energy v. PLN/Government of Indonesia (Paiton) – Indonesian electric utility contract dispute
• Brightpoint v. Philips Electronics (Philips) – Cell phone manufacturing contract dispute
• Forest Laboratories v. Pharmacia (Pharmacia) – Dispute over rights to new pharmaceutical product
• Exxon Valdez Shareholder Litigation (Exxon) – Purported class and derivative actions
• Halcion® Shareholder Litigation (Upjohn) – Purported class and derivative actions concerning drug project liability and disclosures
• Global Crossing v. Softbank (Softbank) – $80 million contract claim concerning undersea cable usage
• Sugar Antitrust Litigation (AMSTAR) – Purported class antitrust litigation involving Domino Sugar
• Capital Market Decisions v. Reuters (Reuters) – Electronic data contract dispute
• Exar v. ST Microelectronics (ST) – Computer chip manufacturing dispute
• Magazine Subscription Litigation (Conde Nast) – Purported class action antitrust litigation
• Tambrands v. Lloyds Underwriters (Tambrands) – Political risk insurance claim (Ukraine)
• Cameco v. Government of Kyrgystan (Cameco) – Gold mine concession agreement arbitrations
• Highfields Capital v. SCOR (SCOR) – Alleged fraudulent sale of reinsurance investment interests

Professional Activities and Community Involvement 

• Immediate past chairman of the board, AAA
• Past president, American Society of International Law
• Member, Court of Arbitration for Sport
• Chaired the International Law and Practice Section of the American Bar Association, the International Law Committee of the New York State Bar Association and the International Law Committee, the International Dispute Resolution Committee and the International Affairs Council of the New York City Bar Association
• Former member, London Court of International Arbitration (LCIA)

Rankings and Recognition

 Arbitration and Alternative Dispute Resolution

• The Best Lawyers in America (2006, 2007, 2008, 2009, 2010)
• Chambers USA: America’s Leading Lawyers for Business (2003-2009), listed as one of 7 “leading individuals” in U.S. international arbitration practice, 2009
• Chambers Global: The World’s Leading Lawyers for Business (2000-2009)
• The Legal 500, US Volume III (2007)
• Euromoney’s Benchmark: America’s Leading Litigation Firms and Attorneys (2007, 2008, 2010)
• Euromoney’s Best of the Best (2005)
• Euromoney’s Guide to the World’s Leading Experts in Commercial Arbitration (2002, 2004, 2006)
• The International Who’s Who of Commercial Arbitration (2005, 2007, 2009)
• The International Who’s Who of Commercial Arbitrators (2001)
• The International Who’s Who of Business Lawyers (2002-2004, 2006, 2007 , 2009)
• PLC Which Lawyer? Yearbook (2007, 2008, 2009)
• Global Counsel Dispute Resolution Handbook (2002, 2005)
• PLC Cross-border Dispute Resolution Handbook (2006/2007, 2007/2008)
• New York Super Lawyers (2006-2009) 

Litigation

• Euromoney’s Benchmark: America’s Leading Litigation Firms and Attorneys (2007, 2008, 2010)
• Euromoney’s Guide to the World’s Leading Litigation Lawyers (2002)
• Euromoney’s Guide to the World’s Leading U.S. Litigation Lawyers (2005)
• Guide to the World’s Leading Litigation Lawyers (2000)

Arbitration, Alternative Dispute Resolution and Litigation

• PLC Which Lawyer? Yearbook (2001-2006)