Josh is a specialist 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 Conflict of Laws at University College London and has published numerous case notes and articles on issues of jurisdiction and enforcement, most recently in festschrifts for Lord Sumption and Professor Bermann. He has also recently been appointed to the Expert Panel for the Law Commission’s law reform project: ‘Digital assets: which law, which court?’

Josh’s recent cases include:

• Boettcher v XIO (UK) LLP and others CL-2021-000556: Sole instruction in on-going €5 million Part 11 jurisdiction challenge, raising the issue of whether the claims raise serious issues to be tried under the German law of limitation. Josh was recently involved in an attempt to agree the content of foreign law pursuant to the guidance given by the Supreme Court in Brownlie II.
• Advice on recognition and enforcement in England of Russian expropriatory decree.
• Nissan Motor Co. Limited v Ghosn and others BVIHCV(COM) 2019/0121: Successfully resisted Mr Ghosn’s reverse summary judgment/strike out application on the basis that Japanese law applied to Nissan’s and NME’s claims and that under Japanese law the claims were bound to fail.
• Instructed to advise on the recognition and enforcement of onshore Dubai judgments before the English Courts.
• Ming and others v JFM Ming and others BVIHC(COM) 2014 /53 & 2022/22: Pleaded out Hong Kong law in relation to: (i) issues of duties owed by directors to group companies; (ii) limitation; and (iii) the levying of HK estate duty.
• Acting as private international law consultant in substantial proceedings in the Family Division.
• Barrowfen Properties Limited v Patel and others [2021] EWHC 2055 (Ch) & [2022] EWHC 1601: Successfully resisted attempt to have Malaysian Court judgments recognised and enforced in England as judgments in rem.
• 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 case management stay by related party to arbitration agreement, raising the effect of the Owusu v Jackson
• 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.
• Junior Counsel in jurisdiction challenge to GAFTA Tribunal.
• 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 Defendants said to have been domiciled/resident in Monaco, Russia and Ukraine.
• 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, in relation to collapse of a massive Ponzi scheme.
• Jurisdictional advice in relation to failure of Asian art gallery to return loaned works to Europe.
• Successfully resisting anti-suit injunction to prevent deposition of witnesses in the United States under 28 USC 1782 parallel to English arbitral proceedings.
• Successfully resisting section 32/67 Arbitration Act 1996 applications, raising questions as to correct application of the Fiona Trust principle in cases with multiple jurisdiction/arbitration clauses.
• Advice on jurisdiction, in particular Article 25 of the Brussels I (Recast) Regulation, in relation to a dispute over design work for a superyacht.

Josh is a leading civil fraud junior. He has acted in numerous litigation and arbitration cases concerning fraud or alleged fraud, including in the automotive, commodities, financial services, private equity and property development industries. Josh’s on-going or recent cases include:

• 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.
• Boettcher v XIO (UK) LLP and others CL-2021-000556: Sole instruction for PRC domiciled/resident Defendant in €5 million Part 11 jurisdiction challenge concerning alleged fraudulent misrepresentations.
• 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.
• Instructed in Winding Up Petition in the Cayman Islands in respect of breakdown of a Chinese partnership, including resisting allegations that a judgment was obtained by fraud on the Court.
• 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.
• Tethyan Copper Company PTY Limited v Islamic Republic of Pakistan and others BVIHCMAP2021/0014: Responding to defence of alleged corruption of public officials in relation to first ever attempt to enforce an ICSID Award in the BVI.
• Shulman and others v Ivanyushchenko and others [2020] EWHC 2669 (Comm): Junior Counsel for 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.
• Conjoined LCIA and ICC arbitrations relating to alleged corruption in the Indian fertiliser market.
• SIB v Proskauer Rose ANUHCVAP 2018/0011: Instructed in Appeal heard by Eastern Caribbean Court of Appeal from Antiguan Court’s decision on jurisdiction challenge arising from the collapse of a bank run by Mr Allen Stanford as a massive Ponzi scheme.

Josh has recently been appointed to the Expert Panel for the Law Commission’s law reform project: ‘Digital assets: which law, which court?’, looking in particular at the applicable law rules in relation to cypto and other digital assets.

Josh is ranked as a leading junior by the Legal 500 in commodities and has appeared, in particular, in several GAFTA cases. His on-going or recent cases include:

• Advising on termination and invoicing dispute in relation to LNG contracts affected by ‘reverse’ Russian sanctions on the sale of gas.
• Advice on effect of Russian decrees on contracts concerning large oil and gas project.
• Junior Counsel in jurisdiction challenge to GAFTA Tribunal in relation to sale of Durum wheat.
• 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.

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.

Alongside full-time practice, Josh teaches international arbitration at University College London and recently published a chapter in Professor Bermann’s festschrift on the ability to suspend English arbitral Awards at the court of the seat in order to prevent enforcement abroad.

Josh also gained significant experience of Indian commercial arbitration from his work as Tribunal Secretary to the Hon’ble Mr Justice Deepak Verma and sits on the Commercial Bar Association India Sub-Committee.

Josh’s current and recent cases include:

• Instructions to set aside the recognition/enforcement of a Hong Kong arbitral Award under the New York Convention on the basis that the arbitration/applicable law clause breached UK statutory consumer legislation.
• ICC Arbitration (Vienna-seated) concerning disputes under an SPA.
• LCIA Arbitration concerning alleged fraudulent misrepresentations relating to a settlement deed.
• 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.
• 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.
• 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) challenge to GAFTA Appeal Award under section 69 of the Arbitration Act; and (ii) application to suspend the Award in England following advance of enforcement proceedings in Switzerland.
• Acted in application for appointment of an arbitrator following breakdown of the appointment mechanism.
• Ad hoc insurance arbitration concerning large volume of After-The-Event insurance policies written on behalf of an insurer.
• 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.
• Successfully bringing section 68 Arbitration Act application relating to Award in the IT sector.

Josh is ranked as a leading junior by the Legal 500 in insurance, and acts in both insurance litigation and arbitration. He has published on jurisdiction issues arising in the marine insurance context. Josh’s current and recent cases include:

• Instructed in reinsurance case to resist enforcement of Italian judgments under the Brussels I scheme relating to business portfolio of a Chinese insurance company.
• 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 spoken widely on the decision in Euro Pools and its impact, in particular to the British Insurance Law Association.
• Josh has advised on numerous notification issues post-Euro Pools, including:
  • Advising on the effect of the decision on the scope of a notification made under an accountant’s professional indemnity insurance policy.
  • Advising on an architect’s PI policy, including in relation to declinature and avoidance under the Insurance Act 2015.
• Junior counsel in ad hoc insurance arbitration concerning large volume of ATE policies written on behalf of an insurer.
• Advising on applicable law of insurance policy, in battle between English and Scottish law.
• Led in two-week trial of property insurance claim, raising issues of misrepresentation/non-disclosure and insurable interest.

Josh is frequently instructed to obtain interim relief in support of both litigation and arbitration proceedings, as sole counsel as well as led. He also lectures on: (i) freezing injunctions; and (ii) parallel proceedings and anti-suit injunctions on UCL’s Conflict of laws course. Josh’s recent cases include:

• Junior counsel in Nissan Motor Co. Limited v Ghosn and others BVIHCV(COM) 2019/0121, in which a freezing injunction over BVI-registered yacht was obtained and successfully defended.
• As sole counsel, arguing injunction application in the High Court to restrain previous employee of a firm working for a competitor.
• Advised on use of interim injunction to secure artwork by a famous contemporary artist which had not been delivered.
• Successfully resisting anti-suit injunction to prevent deposition of witnesses in the United States under 28 USC 1782 parallel to English arbitral proceedings.
• Drafting application and witness evidence for worldwide freezing injunction in support of enforcement of London arbitral award in civil fraud case.

Josh is called to the Bar of the British Virgin Islands and appears regularly in the BVI Commercial Division and Eastern Caribbean Court of Appeal. He has also attended hearings in Antigua and St Kitts. Josh has particular experience of jurisdiction/service out cases under the Eastern Caribbean CPR. His on-going or recent cases include:

• Instructed in Winding Up Petition in the Cayman Islands in respect of breakdown of a Chinese partnership, involving litigation/arbitration in the PRC, BVI and United States.
• 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 a yacht said to have been purchased with those funds.
• 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.
• 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.
• 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, in relation to collapse of massive Ponzi scheme.

• Habilis Healthcare Limited and others v EMW Law LLP and others [2021] EWHC 2804 (QB): As sole counsel, obtained (and defended at two levels of appeal) strike out of £3 million negligence claim against a barrister.
• Sole Counsel in over £1 million claim arising from negligent advice relating to portfolio of contracts concerning commercial property deal.
• G10CL316 Wai Fan Cheung v Hop Sum Liu v Acorn Limited: Sole counsel in four-day trial successfully defending estate agents from claims of breach of warranty and negligent misrepresentation.
• BL-2020-000737 First Investment Group Corporation & First Engineering Group v Dallas: Junior counsel defending solicitor from allegations of conflict of interest and breach of fiduciary duty brought by Libyan and St Vincent companies.
• Barrowfen Properties Limited v Patel and others [2021] EWHC 2055 (Ch) & [2022] EWHC 1601: Junior counsel in three-week Chancery Division trial concerning allegations of negligence and breach of fiduciary duty.
• As sole counsel:
  • Obtained strike out/reverse summary judgment of negligence allegations against criminal barrister.
  • Obtained strike out/summary judgment of fees claim against criminal silk.

Josh has worked on the following public international law cases:

• Advising on the public international law effect of confiscation of a foreigner’s property in the context of a Russian decree.
• 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.
• (As Tribunal Secretary:) The ‘Italian Marines’ case between India and Italy.

Josh appears regularly in commercial claims concerning sports clubs and sportsmen & women, in particular in the football arena. He also accepts Direct Access and/or pro bono instructions to act in doping and selection cases. Josh’s current or recent cases include:

• Junior counsel in:
  • FA Rule K football arbitration between player and agent.
  • FA Rule K football arbitration between player and club.
• Fawaz Al-Hasawi v Nottingham Forest Football Club Limited [2019] EWHC 1287 (Ch): Junior counsel in week-long Chancery Division trial concerning proper construction of SPA and loan documentation relating to sale of Nottingham Forest FC.
• Acting pro bono for amateur cyclist accused of EPO doping violation.
• Acting pro bono as athlete’s representative on panel selection for Winter Olympic Games, resulting in urgent arbitration to resolve selection challenge.

• Jurisdictional advice concerning failure of Asian art gallery to return loaned artworks to Europe.
• Drafting particulars of claim in respect of failure to deliver work by well-known contemporary artist.
• Advice on claim arising from failure to authenticate work by well-known contemporary artist.