James Perry

Overview

James (“Jim”) is a member of the District of Columbia Bar (1985) and has a bachelor’s degree in civil engineering (1981). Based in Paris since 1988, and focused on construction, Jim has served on numerous English and French language dispute boards, including in Panama, Peru and Guatemala, Central Europe, Central Asia, Africa, SE Asia, Australasia and the Middle East and has experience with dam construction, bridges, port terminals and marine construction, airports, highways, water supply and treatment, hydro and thermal power plants, oil and gas, rail, factories and the built environment. Jim also serves frequently as an arbitrator and as counsel. Jim has served on numerous ICC, DIAC, ADCCAC, CEPANI, VIAC and ad hoc arbitration tribunals and is member of the FIDIC President’s list of dispute board adjudicators and a Past-president of the Dispute Resolution Board Foundation (DRBF). Who’s Who Legal Construction writes; Peers and clients say: “James has a sharp mind and great international experience”, “He deals with parties very well”, and “He has a strong technical background.”

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In summary, DB and adjudication experience includes:

• Chairing standing and ad hoc sole and three member DB/DAB/DAABs for FIDIC based contracts.
• Sitting on DABs as a member (party nomination, nominated by FIDIC and the ICC), including hearings and issuing decisions.
• Sitting as arbitrator on numerous cases involving issues related to DABs, notably on enforcing DAB decisions (various countries).
• Lecturing around the world on the subject of DBs, adjudication, dispute resolution and construction law (for FIDIC, ICC, ADB, World Bank, MCC, JICA, Assas II University (Paris), University of Stuttgart, and l’Ecole Nationale des Ponts et Chausées (Paris).
• Registered FIDIC Adjudicator (on the President’s approved adjudicators list).
• Registered FIDIC Academy Trainer (All levels, 1999 and 2017 Editions, Green Book, Pink Book).
• Member FIDIC drafting committees for 2021 Green Book and Green Book Subcontract (to be published).
• Past President of the Dispute Resolution Board Foundation (DRBF).
• Winner DRBF Al Methews Award for Dispute Board Excellence.
• DRB/DAB/DAAB trainer for the DRBF.

Country Experience

Afghanistan, Albania, Algeria, Armenia, Azerbaijan, Bangladesh, Belgium, Brazil, Canada, Czech Republic, Ethiopia, France, Georgia, Germany, Ghana, Greece, Guatemala, Hungary, India, Indonesia, Japan, Kazakhstan, Kyrgyzstan, South Korea, Laos, Latvia, Lebanon, Madagascar, Malaysia, Morocco, Netherlands, Nigeria, Pakistan, Panama, Peru, Poland, Romania, Russia, Sénégal, Singapore, South Africa, Switzerland, Spain, Togo, Turkey, Turkmenistan, Tunisia, UAE (Abu Dhabi & Dubai), Uganda, Vietnam, UK, USA.

Languages Spoken – English, French

Academic Qualifications

• J.D. (Juris Doctor), 1984, Case Western Reserve University, Cleveland Ohio, USA.
• B.S. Civil Engineering, 1981, Colorado State University, Fort Collins Colorado, USA.
• Dispute Resolution Board Foundation’s DRB/DAB practices and procedures training and the advanced chairing workshop (October 2003, Seattle).

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Professional Qualifications

• Admitted to the District of Columbia Bar in 1985 (Washington DC).

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Professional Memberships

• Member, American Bar Association.
• Member, International Bar Association.
• Recommended Arbitration in Lexology Index, formerly  Who’s Who Construction Lawyers (France).
• Member (Supporting), Society of Construction Arbitrators.
• Member, French Committee of the ICC.
• Member, USA Committee of the ICC.
• Member, Association for the Advancement of Cost Engineering International (AACE).
• Member, Society of Construction Law (SCL).
• Member, Society of Construction Law (SCL) (France).
• Member, Dispute Resolution Board Foundation (DRBF 2003).
• Member, International Construction Law Association (ICLA).

Official Positions

• Member, contract drafting committee, FIDIC Green Book Subcontract
• Committee member AIPA working group on arbitration procedures

Previous Professional Appointments

• President-elect/President/Past President, Dispute Resolution Board Foundation (2018-2021).
• FIDIC Certified Trainer (since 2002).
• FIDIC Certified Adjudicator (since 2012).
• Member, contract drafting committee, FIDIC Green Book (2021 edition).
• Director Region 9 (Europe/ Central Asia/ Russia and Africa)– Association for the Advancement of Cost.
• Engineering International (2012-2014).

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Panel Listings

• FIDIC certified adjudicator, on FIDIC President’s appointment list (2012), certified FIDIC trainer (2002).
• Syntec-Ingénierie, on French list of FIDIC Adjudicators (2012).
• AFSA, Arbitration Foundation of South Africa – Arbitrator (2022).
• CIETAC, China International Economic and Trade Arbitration Commission – Expert (Dispute Boards).
• CRCICA, Cairo Regional Centre for International Commercial Arbitration – Expert (Dispute Boards).
• ICC, International Chamber of Commerce – First appointment 2016.
• DRBF, Dispute Review Board Foundation (2005).

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Lecturing, Teaching and Training

• Visiting lecturer at University of Stuttgart for the Module on FIDIC contracts within a Practice and Law Master of Business Engineering (MBE) program. (from March 2016 to April 2025).
• Visiting lecturer at l’Université Paris II Assas.  Diplôme Universitaire: International Construction Contracts. (from September 2016 to June 2023).
• Visiting lecturer at l’Université Paris II Assas.  LLM: International Construction Contracts. (from September 2023).
• One of four invited lecturers at l’Ecole Nationale des Ponts et Chausées for a two-day annual continuing education course on international contract forms. (from September 2016).
• FIDIC accredited training courses. Over 40 three-day to two-week courses in most forms of FIDIC contracts for the Asian Development Bank, JICA, the World Bank and several private companies.
• FIDIC online tutor for “FIDIC DAB/DAABs Course” (formerly Module 3) (from 2020). 

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Project Experience

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Experience As DB

• Party appointed Dispute Board Member in a standing DAB in connection with the construction of a rolled – compacted concrete dam in Lebanon under a FIDIC Construction 1999 (Red Book) form of contract.
• FIDIC appointed DAB Member to an ad hoc DAB under a FIDIC EPC/Turnkey 1999 Contract (Silver Book) in regard to a large dispute related to the civil and hydro-mechanical works for a major hydropower project in East Africa.
• Appointed chairman by party agreement on a standing dispute board under a FIDIC Construction 1999 (Red Book) in regard to civil and hydro-mechanical works for a major hydropower project in East Africa (DAB activity currently suspended).
• Appointed chairman by party agreement on a standing dispute board under a FIDIC Construction 1999 (Red Book) in regard to civil and hydro-mechanical works for a major hydropower project in Southeast Asia.
• Appointed DB chairman by party agreement on a standing dispute under a FIDIC MDB 2010 (Pink Book) in regard the construction of a large RCC dam and the associated hydro-mechanical works and hydro power production (4,300MW) in South Asia with World Bank financing.
• Appointed sole DB Member by party agreement on an ad hoc dispute board under a FIDIC Plant and Design Build 1999 (Yellow Book) regarding a major hydro-mechanical upgrade works for a hydropower project in Central Asia.
• Appointed chairman by party agreement on a standing dispute board under an AfDB French language form of contract in connection with the construction of an energy transfer scheme by pump and reservoir with 350MW hydro power production in Morocco. (French language case).
• Appointed chairman by party agreement on a standing dispute board under and ENAA form of contract in connection with the rehabilitation of a hydroelectric powerhouse including replacement of 4X300MW turbine generators in Kyrgyzstan.
• Party appointed Dispute Board Member in an ad hoc DAB in connection with the construction of a 400MW combined cycle power plant in Bangladesh.
• Appointed sole DB Member by ICC appointment on a standing DB under a bespoke turnkey contract in connection with the design and construction of the floating foundations for an offshore wind park in Western Europe.
• Party appointed Dispute Board Member in a standing DAB in connection with the construction of marine works and container terminal extension in Madagascar under a FIDIC Construction 2010 (Pink Book) form of contract.
• Appointed chairman by party agreement on two different standing dispute boards, with different contractors and the same employer, both under the FIDIC Construction 1999 (Red Book) regarding road construction of a strategic commercial corridor in the Balkans.
• ICC appointed Sole Dispute Board Member for a highway rehabilitation project in East Africa. The contract was a FIDIC MDB version, but with an ad hoc Dispute Boards under World Bank financing.
• FIDIC appointed DAB Member and selected chairman on a standing dispute board Construction 1999 (Red Book) in regard to a dredging and port extension project in Eastern Europe.
• Party appointed Sole Dispute Board Member for a road construction project in Central Asia. The contract was a FIDIC MDB [2010] version with a standing Dispute Boards under ADB financing.
• Appointed chairman by party agreement on a standing dispute board under a FIDIC MDB [2010] regarding the construction of a drinking water mains in Uganda.
• Appointed chairman by party agreement on an ad hoc dispute board under a FIDIC Construction 1999 (Red Book) regarding the construction of sewer lines in Uganda.
• Appointed chairman by party agreement on two different standing dispute boards, with different contractors and the same employer, both under the FIDIC MDB [2010] form in regard to road construction in Georgia.
• Appointed chairman by party agreement in an ad hoc DAB in connection with the construction of three new major bridges and rehabilitation of three pre-existing bridges in Bangladesh under a FIDIC MDB 2010 (Pink Book) form of Contract, with JICA financing.
• Appointed chairman by party agreement in a standing DB in connection with the design and construction of  a new 17KM section of a six-lane dual carriageway forming part of the Trans-West African Coastal Highway in Ghana under a FIDIC 1999 (Yellow Book) form of Contract, financed by UK Export Finance.
• Party appointed Dispute Board Member in a standing DAB in connection with a design build contract for a major bridge in Gambia under a FIDIC MDB version 2010 (Pink Book) form of Contract.
• Party appointed Dispute Board Member in a standing DAB in connection with the construction of a Multilateral Development Bank’s Headquarters Building in a Western European capital under a FIDIC Red Book contract.
• Party appointed Dispute Board Member in an ad hoc DAB in connection with a design build contract for a five star resort in French West Africa under a FIDIC EPC Turnkey 1999 (Silver Book) form of Contract.
• Jointly appointed Sole Dispute Board Member in an ad hoc DAB in connection with motorway construction under a FIDIC Red Book contract in Eastern Europe with EIB financing.
• ICC appointed Sole Dispute Board Member in two motorway construction projects in Central Asia. The contracts were FIDIC MDB version with standing Dispute Boards under World Bank financing.
• Appointed chairman by party agreement on a standing dispute board under a FIDIC Construction 1999 (Red Book) regarding a maritime and container port construction project on the North Pacific coast of South America.
• MCA-Sénégal and Contractor appointed Sole Dispute Board Member in two Highway construction projects in West Africa. The contracts are FIDIC Red Book version with standing Dispute Boards under Millennium Challenge Corporation financing. One project related to road rehabilitation, the other to irrigation civil works. (French language case).
• Party appointed Dispute Board Member in an ad hoc DAB in connection with the construction of a hydroelectric dam in Central America.
• Sole Dispute Board Member under a FIDIC Yellow Book ad hoc DAB in connection with a ten million Euro dispute in regard to a water treatment plant in Eastern Europe.
• Dispute board proceedings, co-counsel in connection with a dispute board procedure in Bucharest in a dispute over non-payment and defects related to the construction of a luxury housing scheme.

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Experience As Arbitrator

• Arbitral Tribunal president in a VIAC arbitration with the seat in Hanoi concerning an urban infrastructure project.
• Arbitral Tribunal president in an ad hoc arbitration with the seat in South Africa concerning a water transfer scheme.
• Co-arbitrator in a nine figure USD ADCCAC matter involving mechanical and electrical systems in a large public building project with the seat in the Middle East.
• Co-arbitrator in an ICC Paris matter involving road construction in Eastern Europe.
• Co-arbitrator in an ICC Hong Kong matter concerning an LNG terminal in the Middle East.
• Co-arbitrator in an ICC Paris matter concerning road construction in East Africa under a FIDIC form of Contract (Case No. 1).
• Co-arbitrator in an ICC Hong Kong matter concerning road construction in East Africa under a FIDIC form of Contract (Case No. 2).
• Co-arbitrator in an ICC Paris matter concerning road construction in East Africa under a FIDIC form of Contract (Case No. 3).
• Co-Arbitrator in a DIAC matter concerning oil field development works in the Middle East under a bespoke contract governed by the laws of England and Wales.
• Co-arbitrator in a CEPANI matter concerning engine design issues in connection with a mergers and acquisitions based dispute governed by Belgian law.
• Co-arbitrator in an ICC Paris matter concerning railway construction work in Eastern Europe performed under a FIDIC form of Contract.
• Co-arbitrator in an ICC Hong Kong matter concerning offshore drilling work in the South Pacific.
• Co-arbitrator in an ICC Paris matter concerning dredging works in Central America.
• Co-arbitrator in an ICC Paris matter involving road construction in Eastern Europe.

Publications

• “Dispute Board Manual: A Guide to Best Practices and Procedures”, Lead international reviewer and author of Chapter 9, “Dispute Boards in FIDIC Contracts”, Dispute Resolution Board Foundation publication [2019], ISBN 978-1-943070-68-8.
• “Dispute Boards”, Chapter 10, “Dispute Prevention and Settlement through Expert Determination and Dispute Boards”, ICC Publication No. 792E [2017], ISBN 978-92-842-0427-4.
• “FIDIC Contracts 200 Frequently Asked Questions and Answers”, Bloomsbury India [2016], ISBN 978-92-925-7607-0.
• “Dispute Boards: Un règlement ICC propose trois options afin d’aider les parties à résoudre leur différend”, ICC France, Echanges International, July 2020.
• “The Evolution of Global Claims and John Doyle Construction Ltd v. Laing Management (Scotland) Limited”, The International Constriction Law Review, Volume. 22, Part 2, April 2005, ISBN 0265 1416.
• Drafting committee member FIDIC Task Group 8 for the second edition of the FIDIC Short Form of Contract (Green Book), due for publication in 2021.
• Drafting committee member FIDIC Task Group 9 for FIDIC Subcontract forms for use with the 2017 Suite of Contracts and the Short Form of Contract (Green Book), Sub Task Group chair for the Green Book Subcontract.
• Frequent conference panelist for organizations such as: ICC, IBA, SCL, CIArb, FIDIC, Paris Arbitration Week (PAW), DRBF, ACCL, etc.
• “Owners, Consultants and Contractors. How to improve Relationships. Proposed Evolution Related to New Practices.” Co-author, section in Chapter 4 of Infraestrutura, Construção, Arbitragem e Dispute Board [2024] ISBN 978-65-83158-03-1.