James E. Berger

Partner
James is a genuine expert. He is highly intelligent and knowledgeable, but also candid and pragmatic.
— Chambers USA, (2025)
New YorkWashington, DC
About

James Berger is a litigation partner resident in New York and Washington. He focuses his practice on international and sovereign disputes and cross-border enforcement and asset recovery proceedings before US courts and arbitral tribunals. A significant portion of his practice includes the enforcement of arbitral awards and foreign judgments against sovereign and commercial entities in the US and globally. James also has experience in multi-jurisdictional asset recovery proceedings involving allegations of fraud.

James has served as lead counsel in some of the most cutting-edge cross-border cases to be litigated in US trial and appellate courts in recent years. He has considerable experience litigating issues under the Foreign Sovereign Immunities Act, the New York Convention, the Panama Convention, International Centre for Settlement of Investment Disputes (ICSID), the Energy Charter Treaty, the Uniform Foreign Money Judgments Recognition Act, 28 U.S.C. § 1782, and other treaties and statutes that have unique applicability in cross-border disputes. He has considerable experience advising not only foreign investors and parties to cross-border disputes, but also litigation funders, hedge funds and other dispute investors and financial stakeholders who play a critical role in the resolution of large commercial and investor-state disputes.

James speaks and writes regularly on topics related to international dispute resolution and enforcement. He has been a guest lecturer at New York University School of Law, Fordham University School of Law, and Renmin University School of Law in Beijing, and cases he has litigated have served as the basis for semester-long international disputes classes at New York University and Fordham Law Schools. He conceived, edited, and was a contributing author to International Aspects of U.S. Litigation (The American Bar Association, 2017), a two-volume practice treatise on the litigation of international disputes in US courts, and has published expert analyses on international disputes issues in Law360, as well as been a guest contributor on legal issues to the South China Morning Post, a leading daily newspaper in Hong Kong. James was also recently appointed an executive member of the Institute for International Economic Policy of the Elliott School for International Affairs at the George Washington University.

James was ranked Band 1 for International Arbitration: Enforcement in Chambers & Partners for 2024.

Areas of FocusEnergy and Natural ResourcesFinancial ServicesInternational ArbitrationLitigation, Arbitration and Investigations
Bar admissionsTexasDistrict of ColumbiaNew York
CourtsSupreme Court of the United StatesUnited States Court of Appeals for the First CircuitUnited States Court of Appeals for the Second CircuitUnited States Court of Appeals for the Third CircuitUnited States Court of Appeals for the Fourth CircuitUnited States Court of Appeals for the Seventh CircuitUnited States Court of Appeals for the Ninth CircuitUnited States Court of Appeals for the District of Columbia CircuitUnited States District Court for the District of ColumbiaUnited States District Court for the Southern District of New YorkUnited States District Court for the Eastern District of New YorkUnited States District Court for the Western District of New YorkUnited States District Court for the Northern District of New YorkUnited States District Court for the Southern District of TexasUnited States District Court for the Northern District of IllinoisUnited States District Court for the District of Colorado
James Berger is really good. He is very determined, listens to the client's demands, and develops a strategy that fits those demands. He is also able to adjust the strategy if the circumstances change. He is great during court hearings, manages to convince the judges. Finally, he is a great guy to work with. Very pleasant, humoristic. He is the kind of lawyer that you want on your side.
— Legal 500 US 2025
James Berger and Charlene Sun are an outstanding team and proposition. They are true experts in the field of enforcement, which is rare indeed, and they take a pragmatic and creative approach to very difficult and complex projects. They are collaborative and very good to work with. Our chosen counsel for international enforcement projects.
— Legal 500 US 2025

EXPERIENCE

James has served as the lead lawyer on the following significant matters:

  • Global lead counsel for a Canadian mining company in multi-jurisdictional proceedings to enforce a US$1.4 billion arbitration award against Venezuela
  • Global lead enforcement counsel in multi-jurisdictional proceedings to enforce a US$2 billion ICSID award against Egypt
  • Represented US petroleum services company in proceedings to enforce a US$500 million arbitration award against Mexican state-owned oil company; award was enforced in the US despite being annulled by a Mexican court
  • Lead US counsel for European investor in proceedings to enforce a US$500 million treaty arbitration award against Kazakhstan
  • Represented Chinese freight forwarding and shipping conglomerate in litigation and International Centre for Dispute Resolution (ICDR) arbitration proceedings arising out of corporate governance dispute
  • Lead US counsel for foreign government in fraud action against former prime minister
  • Advised UK-based hedge fund in connection with enforcement of arbitration award against African nation
  • Lead US counsel in proceedings to enforce "intra-EU" arbitration awards rendered under Energy Charter Treaty against Spain, Italy, and Poland
  • Represented Fortune 500 company in Paris-based International Chamber of Commerce (ICC) arbitration involving sale of industrial complex in Brazil
  • Represented European government in appellate proceedings involving recognition of foreign money judgment, including successfully arguing issue of first impression before the Supreme Court of Arizona
  • Global lead counsel for US financial services company in multi-jurisdictional proceedings to enforce arbitration award and judgment against Pakistani media conglomerate
  • Global lead counsel for Cayman Islands entity in connection with multi-jurisdictional proceedings to enforce a US$261 million arbitration award against Indonesian state-owned oil and gas company

Awards

Chambers USA

  • Band 1, Nationwide International Arbitration: Enforcement, (2024 – 2025)

The Legal 500 United States

  • Recommended, International Litigation, (2025)
  • Recommended, International Arbitration, (2023 – 2025) 
Education
  • J.D., Fordham University School of Law
  • B.A., The George Washington University

Publications

  • Co-author, "The Healthy Award – Challenge in International Commercial Arbitration," Kluwer Law International, (forthcoming 2025)
  • Co-author, "Servotronics Inc v. Boeing Co. Considerations Regarding Section 1782 in Aid of Foreign Commercial Arbitrations and Thoughts for the Brazilian Arbitration Scenario United States," Revista Brasileira de Arbitragem, March 2020
  • Author, "Jam Exposes International Orgs To New Litigation Risks," Law360, March 2019
  • Editor, "International Aspects of U.S. Litigation: A Practitioner's Deskbook," American Bar Association (ABA), June 2018
  • Co-author, "Rules of Reason: U.S. Courts Grapple with the Requirements for a Reasoned Award," Indian Journal of Arbitration Law, January 2017
  • Author, "In New York, Companies Still Not Liable Under Alien Tort Statute," Expert Analysis, Law360, (2016)
  • Co-author, "Rift Among US Courts In Enforcing Int’l Arbitration Awards," Law360, August 2015
  • Co-author, "U.S. Supreme Court clarifies how to enforce forum selection clauses," Lexology, January 2014
  • Co-author, "Ninth Circuit Clarifies Scope of Commercial Activity Exception to Sovereign Immunity," Lexology, December 2013
  • Co-author, "International litigation update: developments concerning the Alien Tort Statute and personal jurisdiction," Lexology, May 2013
  • Author, "Where Flexibility Meet Cost Efficiency in Settling Disputes," South China Morning Post, April 2013
  • Author, "Effective Arbitral Habit Now Spares Litigious Blushes Later," South China Morning Post, December 2012
  • Co-author, "Second Circuit Rules that a Judgment-Creditor is Entitled to Broad Discovery Concerning Foreign State Judgment-Debtor's Assets," Lexology, October 2012
  • Author, "Agree How to Disagree – The First Step to Dispute Resolution," South China Morning Post, October 2012
  • Co-author, "Emerging Issues in Alien Tort Statute Litigation," California Tort Reporter, February 2012
  • Co-author, "Sovereign Immunity: A Venerable Concept in Transition?" ABA International Litigation Quarterly, Winter 2011
  • "Corporate Liability Under the Alien Tort Statute," California Tort Reporter, (2011)
  • Co-author, "International Jurisdictional Standoffs and Foreign Antisuit Injunctions," ABA International Litigation Quarterly, Spring 2010
  • Co-author, "Enforcement Against Assets of State-Owned Companies," Enforcement of Arbitral Awards Against Sovereigns, (2009)
  • Co-author, "The Evolution of Judicial Review Under the Federal Arbitration Act," NYU Journal of Law & Business, Summer 2009
  • Author, "New York Court of Appeals Permits Extraterritorial Seizure of Assets in Aid of Judgments," Pratt's Journal of Bankruptcy Law, (2009)

Seminars

  • Panelist, "Is the Sovereign Dispute Resolution System Broken?" Asset Recovery CEE, Warsaw, April 3, 2025
  • Panelist, "Exploring the Global Landscape for Enforcement of Judgments and Awards," London International Disputes Week (LIDW), June 4, 2024
  • Panelist, "Liquid Assets – Here Today, Gone Tomorrow? Enforcement, Intelligence Gathering and Educating Clients," Asset Recovery CEE, Warsaw, April 18, 2024
  • Panelist, "Perspectives of Global Leaders in International Arbitration: Achmea and the Future of Intra-EU Investment Arbitration," Fordham International Law Association, New York, April 11, 2024
  • Panelist, "Navigating Third-Party Funding in International Arbitration: Benefits, Implications and the Future," Columbia International Arbitration Association, New York, March 23, 2023
  • Speaker, "Doing Business In and With China 2022," Practising Law Institute, December 13, 2022

Media Mentions

Prior Experience

Prior to joining DLA Piper, James practiced at two international law firms.

Civic and Charitable

  • Executive Member, Institute for International Economic Policy, Elliott School of International Affairs, George Washington University
  • Board Member, Association for Conflict Resolution of Greater New York, (2011 – 2016)

Memberships And Affiliations

  • American Bar Association
  • Association of the Bar of the City of New York
  • International Bar Association

My latest insights

Publication
Abstract_Building_P_0084

Supreme Court simplifies personal jurisdiction requirements under the FSIA

11 June 2025 .5 minute read

Publication

Second Circuit addresses interplay between foreign official immunity and the FSIA

20 March 2025 .7 minute read

Publication

DC Circuit settles scope of the expropriation exception to sovereign immunity under the...

10 October 2024 .6 minute read

View All
CallvCardLinkedInPrint

Connect

Phone

+1 212 335 4715
(Work, New York)