rothorn legal | international disputes | James Menz

James Menz

J.D.
Partner // Attorney-at-law

othorn legal | international disputes

james.menz@rothorn.legal
t +41 (0)44 212 11 22
m +41 79 253 34 02

James Menz is a founding partner of rothorn legal. His practice focuses on complex disputes in the construction, engineering, energy, transportation, pharmaceutical, and biotechnology sectors. He has acted as counsel, arbitrator, and arbitral secretary in dozens of proceedings under a variety of applicable institutional rules and substantive laws.

A U.S.-trained attorney with extensive experience in civil and common law settings, James brings a 360-degree view to cross-border disputes. As senior litigation expert at Bombardier Transportation, he has managed a range of domestic and international litigations and arbitrations and has advised the business on dispute avoidance and resolution strategies. From 2016-2018, James was Deputy Secretary General and Head of Case Management at the German Arbitration Institute (DIS), where he supervised hundreds of arbitration and ADR proceedings, represented the institute, and served on the drafting committee for the revised 2018 DIS Arbitration Rules. Previously, for over ten years James practiced international arbitration, litigation, and competition law with major law firms in New York and Zurich.

James is a board member of the Swiss Arbitration Association (ASA), an advisory board member of the Online magazine “Dispute Resolution,” and helped launch the German Association of Company Lawyers’ (BUJ) Dispute Resolution Group. He regularly speaks at conferences and lectures at universities and seminars on issues in international commercial arbitration. He has been repeatedly listed in Who’s Who Legal’s “Future Leaders” edition, including among the top-10 non-partners in Europe (2018).

James speaks English and German and reads French, Russian and Serbo-Croatian.

Experience
  • Represented a Spanish entity against a Turkish entity in an ICC arbitration regarding a collaboration agreement regarding a billion-dollar construction project in Turkey
  • Advised international venture capital investors in an earn-out dispute worth several hundred millions of dollars following the sale of a biotech start-up
  • Represented a UK entity against a UK individual in a multi-million dollar warranty and property dispute
  • Represented a German company against an Egyptian company in a dispute relating to the termination of an agency agreement
  • Represented Israeli and Swiss entities against a Bermuda and a German company in a multi-billion dollar WIPO arbitration in the pharmaceutical industry
  • Represented a German multinational against an Italian construction company in an ICC arbitration concerning a power plant in Italy
  • Represented a German company against a Canadian metals and mining conglomerate in an ICC arbitration regarding the sale of industrial goods
  • Co-arbitrator in an ICC Arbitration under New York law between a German company and a Panamanian company for claims arising out of a delivery contract
  • Sole arbitrator in an ICC Arbitration under Swiss law between a UK company and a Swiss company regarding a contract for the development and testing of a chemical product
Qualifications
  • Attorney-at-Law, Admitted to the New York Bar
  • Admitted to the U.S. District Court for the Southern District of New York
  • Admitted to the U.S. District Court for the Eastern District of New York
  • The George Washington University Law School, J.D., with highest honors
  • University of Wisconsin-Madison, M.A.
  • St. Olaf College, B.A., summa cum laude
Selected Publications
  • Commentary on the Swiss Rules, (Schütze, Institutional Arbitration), 2019 (co-authored)
  • Die bundesgerichtliche Rechtsprechung zur Schiedsgerichtsbarkeit 2016/2017, Jusletter (co-authored), June 2018
  • Commentary on the WIPO Rules, Arbitration in Switzerland – the Practitioner’s Guide (Arroyo, 2d ed.), 2018
  • Neuerungen in der 2018 DIS-Schiedsgerichtsordnung im Überblick, SchiedsVZ, (co-authored), 2018
  • Kommentierung der Schweizerischen Schiedsordnung (Schütze, Institutionelle Schiedsgerichtsbarkeit), December 2017 (co-authored)
  • The Effectiveness Principle and cartel damages arbitrations – beyond “institutional ambivalence”, Competition Law and Policy Debate, March 2017