Josh has a broad commercial litigation and arbitration practice, including civil fraud and asset tracing, the enforcement of judgments and awards, insurance and professional negligence.
Josh has a particular specialism in private international law/the conflict of laws. He is regularly instructed in cases concerning service out, the pleading and proving of foreign law and the recognition and enforcement of judgments/arbitral Awards (including against States). Alongside full-time practice, Josh teaches International Commercial Litigation and International Arbitration at University College London and has published widely on issues of jurisdiction and enforcement, most recently in festschrifts for Lord Sumption and Professor Bermann.
Josh has been instructed in arbitrations under a variety of institutional rules, as well as ad hoc insurance arbitration. He also appears regularly (both led and as sole counsel) in court applications relating to the entire lifespan of arbitrations, from the appointment of arbitrators under section 18 of the Arbitration Act 1996 to section 67 and 69 challenges to awards. Josh also gained significant experience of Indian commercial arbitration from his work as Tribunal Secretary to the Hon’ble Mr Justice Deepak Verma.
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Example cases
- Nissan Motor Co. Limited v Ghosn and others BVIHCV(COM) 2019/0121: Instructed in claim concerning the alleged misappropriation of company funds by Mr Carlos Ghosn. Recently successfully resisted application by Defendants for strike out/reverse summary judgment and lifting of freezing injunction over yacht said to have been purchased with those funds.
- ICC Arbitration (Vienna-seated) concerning disputes under an SPA.
- Boettcher v XIO (UK) LLP and others CL-2021-000556: Sole instruction in €5 million Part 11 jurisdiction challenge.
- Ming and others v JFM Ming and others BVIHC(COM) 2014 /53 & 2022/22: Quantification in unfair prejudice proceedings relating to a holding company for Hong Kong real estate, raising HK$ multi-million allegations of misappropriation of company assets.
- LCIA Arbitration concerning alleged fraudulent misrepresentations relating to a settlement deed.
- Barrowfen Properties Limited v Patel and others [2021] EWHC 2055 (Ch) & [2022] EWHC 1601: Junior Counsel in three-week civil fraud trial in the Chancery Division concerning allegations of forgery, fraudulent misstatement, breach of fiduciary duty, unlawful means conspiracy and dishonest assistance.
- Premier Cruises Limited v DLA Piper Rus Limited and others [2021] EWHC 151 (Comm); [2021] 1 Lloyd’s Rep 511: Junior Counsel in application for: (i) stay under section 9 of the Arbitration Act 1996; and (ii) case management stay by related party to arbitration agreement (raising the effect of the Owusu v Jackson rule).
- Habilis Healthcare Limited and others v EMW Law LLP and others [2021] EWHC 2804 (QB): As sole Counsel, obtained (and defended on appeal) strike out of £3 million professional negligence claim against a barrister.
- Tethyan Copper Company PTY Limited v Islamic Republic of Pakistan and others BVIHCMAP2021/0014: Instructed in appeal to Eastern Caribbean Court of Appeal relating to the first ever attempt to enforce an ICSID Award in the BVI, raising important sovereign immunity issues.
- Alegrow SA v Yayla Agro Gida San Ve Nak AS [2020] EWHC 1845 (Comm); [2021] 1 Lloyd’s Rep 565: Instructed in resistance of (i) section 69 challenge to GAFTA Appeal Award; and (ii) application to suspend the Award in England following advance of enforcement proceedings in Switzerland.
- Ad hoc insurance arbitration concerning large volume of ATE policies written on behalf of an insurer.
- Shulman and others v Ivanyushchenko and others [2020] EWHC 2669 (Comm): Jurisdiction challenge relating to fraud claims brought in relation to a joint venture to develop a logistics hub in Odessa against a former Deputy (MP) of the Ukrainian Parliament.
- Euro Pools v Royal and Sun Alliance [2019] EWCA Civ 808; [2020] 2 All ER (Comm) 40: The first appellate authority for ten years to deal with notifications to claims-made policies, in particular so-called ‘hornet’s nest’ or ‘can of worms’ notifications. Josh has advised on numerous notification issues post-Euro Pools, including under accountants’ and architects’ professional indemnity policies.
- Conjoined LCIA and ICC arbitrations relating to alleged corruption in the Indian fertiliser market.
- Instructed in several FA Rule K football arbitrations between: (i) player and agent; and (ii) player and club.
- SIB v Proskauer Rose ANUHCVAP 2018/0011: Instructed in Appeal heard by Eastern Caribbean Court of Appeal from Antiguan Court’s decision to refuse permission to serve New York law firm out of Antigua and Barbuda. The claims arise from the collapse of a bank run by Mr Allen Stanford as a massive Ponzi scheme.
- Several art law cases, including: (i) jurisdictional advice concerning failure of Asian gallery to return loaned works; (ii) claim for failure to deliver work by well-known contemporary artist; and (iii) failure to authenticate work by well-known contemporary artist.
