James E. Berger

Partner

He is smart, creative and simply does not stop before he obtains a result.

— Chambers USA, (2024)

Emailjames.berger@us.dlapiper.com

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 Resources Financial Services Litigation, Arbitration and Investigations International Arbitration Global Enforcement and Asset Recovery

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

EXPERIENCE

Education

J.D., Fordham University School of Law

B.A., The George Washington University

Awards

Chambers USA

Band 1, International Arbitration: Enforcement, (2024)

The Legal 500 United States

Recommended, International Arbitration, (2023 – 2024)

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, 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
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

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