James Nicholson

Senior Managing Director

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James Nicholson was the founder of, and leads FTI Consulting’s 20-strong Paris disputes team and is a member of the firm’s International Arbitration practice. His work primarily involves issues of the identification and valuation of lost profits, and the valuation of businesses, financial assets including shareholdings, and other assets, and of wasted costs.

James has testified on 21 occasions before commercial and investment treaty tribunals, in North America and Asia as well as Europe. An ICC tribunal recently awarded a claimant more than $500m based on the damages testimony of James and a colleague. Many of James’s recent cases involve claims of €1bn or more. James works across all industries and geographies, and has particular experience of: energy, telecoms, hotel and construction sectors; disputes involving the MENA region; and cases with a French language element.

James was identified by The International Who’s Who of Commercial Arbitration as one of the five ‘Most Highly Regarded Individuals’ in Europe in its November 2015 rankings of 164 expert witnesses active in international commercial arbitration. Over the years this survey has described James as “the best-regarded” expert, “the most respected expert”, “first class”, and “outstanding”. James has been listed in this survey since its inception in 2010.

James is President of the Standing Committee of the ICC’s International Centre for ADR, which advises the Centre in the application of the ICC’s Expert Rules.

James holds a Master in Public Policy degree from Harvard University’s Kennedy School of Government, where he was a Fulbright Scholar, and was awarded first class honours in his BA from Oxford University in Philosophy, Politics and Economics. The CFA Institute has awarded James the right to use the Chartered Financial Analyst designation.

Office

22 place de la Madeleine
5ème étage
Paris, 75008
France

T: +33 1 53 05 36 00

Publications

Article – Trends in International Arbitration

Global network

The global economy has experienced extreme stresses in recent years, beginning with the banking crisis of 2007 and the global recession that followed.

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Article – Taxation and Currency Issues in Damages Awards

This article describes some of the issues that can contribute to the distortion of the value of awards received by claimants arising from the treatment of taxes and currency, and explores some possible approaches to reducing or eliminating potential distortions from an economic point of view.

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Article – The impact of Corporate Taxation on economic losses

Taxes, and particularly taxes on profits, are a fact of corporate life in the majority of jurisdictions. As a result, the treatment of tax in the calculation of awards of compensation made by tribunals in international commercial and investment treaty arbitration can have a significant impact on the value of an award to a recipient.

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