JAMES DRAKE QC
7 King’s Bench Walk
Temple
London EC4Y 7DS
T: +44 (0)20 7910 8300
W: www.7kbw.co.uk/
W: https://7kbw.co.uk/barrister/james-drake-qc/
James Drake QC is an experienced advocate and arbitrator, with extensive experience
across a number of jurisdictions, principally England & Wales, the United States (New York),
British Virgin Islands, and Australia.
As an advocate, James specialises in all areas of commercial law, with particular emphasis on
contractual disputes of all kinds. Recent examples include: aviation; commercial fraud;
factoring; insurance and reinsurance; international trade; partnership; and all related
interlocutory and jurisdictional issues. As part of his commercial practice, James has
represented sports associations in commercial matters, good examples being acting for the
British Gymnastics Association (see below) and the Surf Life Saving Association of Australia
in a dispute in relation to the right to conduct ‘Iron Man’ competitions in Australia and
associated intellectual property rights.
James is also an experienced arbitrator in international commercial arbitral disputes. He 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 a member of various international arbitration panels and
has conducted arbitrations under the auspices of AIAC, ICC, LCIA, LMAA, SMA, and
SCMA, as well as various ad hoc proceedings. (James has chaired in the order of 25
arbitrations and has been co-arbitrator on a similar number of occasions.)
James is also a member of the Court of Arbitration for Sport panel of arbitrators and a a
panel member of Sports Resolutions UK.
Before coming to London, James was a partner in Owen & Davis LLC, a New York
commercial litigation firm (now part of Norton Rose) and before that was with Baker &
McKenzie in Sydney and in New York. James moved to the Bar in London in 1998, joining 7
King’s Bench Walk as a tenant in 1999, and took silk in 2011.
James is also a qualified accountant, and worked with KPMG prior to the law.
Recent cases as advocate
• British Gymnastics Association v Zurich Insurance & Ors: James was leading
counsel for the British Gymnastics Association in these Commercial Court
proceedings as to the liability to indemnify the claimant for a claim for serious
personal injury suffered by a gymnast at a member gymnastics association. Successful
settlement on eve of trial.
• X v Y: James is leading counsel for the insured international oil and gas company in a
dispute with insurers in respect of the failure of a pipeline in the North Sea, on
property damage and related business interruption claims. It is a £500m claim being
heard by an ad hoc tribunal (of three) working under the LCIA Rules, with New York
law as the governing law. Successful award on question of coverage.
• X v Y: James is leading counsel for a sovereign state in a commercial dispute relating
to the sale, over a 10 year period, of iron ore. The overall dispute is in the order of
US$400 million. Arbitration references in various jurisdictions: London (LMAA),
Zurich (ICC), New York (SMA), Miami (SMA).
• A v B: James represents a regional airline in the context of the threatened seizure of
two aircraft. LCIA arbitration in London.
• Orb a.r.l. & Ors v Ruhan & Ors: James was leading counsel for the claimants in
this complex and high value (£250m) multi-party commercial fraud dispute in the
Commercial Court.
• Alstom v English Electric: James was leading counsel in the Court of Appeal for this
dispute relating to the proper construction of a contractual indemnity for long-
standing employment liabilities.
• Bank v Insurers: James represented the bank purchaser (in the secondary market)
of promissory notes issued in the context of a forfaiting transaction on a claim under
a trade finance policy of insurance. LCIA arbitration in London.
Recent appointments as arbitrator
• Chairman of a three person panel, appointed by the LCIA, in a dispute as to the sale
of iron ore by South African seller to Ukraine buyer.
• Chairman, appointed by the ICC, of a three member panel in a dispute between
international oil companies and a Nigerian concern in relation to contracts for local
development and exploitation of oil.
• Co-arbitrator, appointed by the claimant. This New York reference relates to the
sale of asphalt by a Swiss seller to a Mexican buyer. New York law governs.
• Chairman of the panel, appointed by the ICC. The dispute related to the design,
construction and installation of a sugar refinery in Nigeria.
• Co-arbitrator, appointed by the LCIA. The dispute related to the trade credit risk
insurance in respect of the sale of helicopters in Mexico.
• Sole arbitrator, appointed by the CIArb, in this ad hoc reference in relation to a
dispute between a Saudi national and a BVI company in relation to a real estate
transaction. English law governs.
• Sole arbitrator, appointed by the CIArb, in this ad hoc reference in relation to a
dispute between partners of a financial advisory firm.
• Sole arbitrator, appointed by the parties, in a dispute between a Turkish buyer and a
Canadian seller in respect of the sale of iron ore in Canada. The reference is being
conducted under SCMA Rules; English law governs.
• Sole arbitrator, appointed by the parties, in an insurance dispute between two
London insurers as to the applicable period of coverage in respect of liability to the
insured. The reference is being conducted under LCIA Rules.
General Information
Academics:
• Columbia University of New York: LL.M (1992)
• University of Adelaide: LL.B (Hons) (1985)
• University of South Australia: BA (1980)
Admissions:
• Queen’s Counsel – 2011
• Eastern Caribbean (BVI) – 2007
• England & Wales – 1998
• New York – 1992
• New South Wales – 1987
• South Australia – 1985
Positions:
• 7 King’s Bench Walk, London, 1998 - date
• Owen & Davis LLP, New York, 1993-1998 (now Norton Rose NY)
• Baker & McKenzie, Sydney and New York, 1987-1993
• Reilly Ahern & Kerin, Adelaide, 1985-1986
• KPMG, Accountant, 1980-1981
Interests:
• Sports: golf, tennis, cricket, football
