Experiences

• Product Liability: Punitive damages for the fact that a multinational automaker's vehicle blew up for no reason. Mexican legislation does not recognize strict liability for products as such. The case was resolved.
• Animals:   An attempt to change the "civil" status of domestic animals and the possibility of legally adopting them as members of the family.  The cases were lost. In other cases, we sought the closure of so-called animal training farms, where dogs were abused and killed.
• Letter Rogatory and Enforcement of Foreign Sentences: Mexican Law provides that in commercial matters the execution of a foreign sentence can only be obtained with a Letter Rogatory from the court that issued the sentence. However, foreign courts have no such practice. Case won.
• Arbitration: Obtaining a federal stay of the arbitration proceeding on the basis that an arbitral tribunal cannot compel a party to present certain evidence covered by trade secret.

As a panel member of the ICC, ICDR (AAA), Canaco, CAM, etc., James Graham has presided over various tribunals.

To date, all the awards issued have been confirmed by the judicial authorities.

  As a litigant, he won a highly known case, in which two arbitral tribunals have been required. Currently, the saga continues with the arbitration initiated by the former defendant against the United Mexican States within the framework of the TLC-TMec.

A number of arbitrations were terminated early by obtaining a settlement agreement. Indeed, it is considered that the arbitral instance does not prevent the approach and an eventual agreement, in order to save time and expenses. As important as it is to be a "heartless" litigator in arbitration, it is also crucial to be an "open-arms" negotiator during the coffee break...

• Human rights and torture: Litigation over the absurd Mexican compensation mechanism for victims of torture by State agents (Police and Military) - currently pending before the IACHR
• Due process: A mother lost her son in an international kidnapping case without due process. Rejected by the IACHR for not being a case of interest...
• Due process and negligence: A woman is divorced abroad, but is only served a year and a half after the hearing due to negligent conduct by local authorities for not having complied on time. Rejected by the IACHR for not being a case of interest....
• Death sentences: Representation of Mexicans on death row in the United States as a result of the ICJ ruling in Avena. Stay of execution obtained before the IACHR. Two cases were successful as the death sentence was swapped.