Joseph is a senior practitioner with over 40 years’ experience in the field of civil/commercial litigation and arbitration. He advises on a wide range of disputes, many which have appeared before the higher appellate courts (Court of Appeal, House of Lords/Supreme Court and Privy Council).
Many of Joseph’s cases have a strong cross-border element and he has considerable experience in advising in relation to matters concerning state immunity, enforcement of foreign judgments and arbitration awards, and enforcement of English judgments in other jurisdictions.
Notably, Joseph has significant experience in handling disputes with a Middle East connection. In particular, and uniquely, for many years, he has represented the State of Iraq, various ministries and state-owned entities.
Expertise
- Civil fraud and corruption
- Intellectual property disputes
- Arbitrations
- Claims in tort
- Emergency remedies
- Claims against states and issues of sovereign and diplomatic immunity
- Documentary credit disputes (letters of credit, guarantees and performance bonds)
- Civil fraud, including bribery, corruption and asset tracing
- Professional negligence claims
- Contract disputes (including joint venture disputes)
- Agency disputes (including agent commission claims)
- Intellectual property disputes (including passing off, breach of copyright, trademark disputes and patent infringement) and unlawful use of technical secrets
- Shareholder disputes
- Partnership disputes
- International sanctions
- International cross-border litigation including forum disputes and claims for sovereign immunity, enforcement of foreign judgments and enforcement in foreign jurisdictions
- International arbitrations
- Anti-money laundering and legal sector compliance issues
- Emergency remedies (such as freezing orders and search and seize orders)
- Appellate cases in the Court of Appeal, Supreme Court and the Privy Council
Experience
Litigation and arbitration
- Acted for the State of Iraq and its national airline as well as several ministries and state-owned banks in of one of the longest-running actions in the history of the English commercial courts involving claims of approximately $1.8 billion. The litigation arose out of the seizure of aircraft and spares and equipment belonging to the Kuwaiti state airline in the aftermath of the invasion of Iraq and spanned 22 years. There were three hearings in the Supreme Court/House of Lords and five hearings in the Court of Appeal, and the dispute spawned litigation in several other jurisdictions. The case has been cited as important authority in hundreds of other cases. Joseph also led the legal team acting and advising the State of Iraq and related parties in the protracted negotiations that led to a global settlement of the dispute:
Kuwait Airways Corporation v Iraqi Airways Company [2003] 1 Lloyd’s Rep 448
Kuwait Airways Corporation v Iraqi Airways Company [2002] 2 WLR 1353
Kuwait Airways Corporation v Iraqi Airways Company [2001] 1 WLR 429
Kuwait Airways Corporation v Iraqi Airways Company [2000] TLR 31.5.2000
Kuwait Airways Corporation v Iraqi Airways Company [1998] 1999 CLC 31
Kuwait Airways Corporation v Iraqi Airways Company [1995] I WLR 1147
Kuwait Airways Corporation v Iraqi Airways Company [1994] 1 WLR 984
- Acted for the claimant in a complex shareholder dispute in the oil & gas sector (Glengary Overseas Ltd v JKX Oil & Gas plc [2015] UKSC 71) resulting in an important Supreme Court decision about the continuing importance of the ‘proper purpose rule’ in English company law.
- Acted for the defendant in a dispute regarding a private airline and executive jet aircraft involving issues under the Torts (Interference with Goods) Act 1977 (Thunder Air Limited v Hilmar Hilmarsson [2008] EWHC 355 Ch).
- Acted for a member of a wealthy Middle Eastern family regarding a dispute over the management of a valuable portfolio of assets located in the Middle East.
- Acted in an appeal to the Privy Council regarding a claim made in an appeal on behalf of minor beneficiaries to reconstitute the assets of a valuable offshore trust fund following a substantial breach of trust by the trustees and settlor.
- Acted in an arbitration between a Russian supplier and a Jordanian buyer relating to valuable copper contracts.
- Acted in a claim for a property investment fund for negligence by its solicitors relating to the acquisition of a large property portfolio.
- Acted in a claim by a property developer for negligence by its solicitors concerning a “Dreamvar” type property fraud.
- Acted in an arbitration between a Nigerian energy company and a major European Energy company regarding oil for product swap contracts in Nigeria.
- Acted for a Nigerian oil company in a dispute with its partner under three oil exploration contracts.
Fraud and financial crime
- Acted in a claim arising out of a phishing fraud perpetrated on members of a wealthy Saudi Arabian family.
- Acted in a claim arising out of a phishing fraud perpetrated on a ministry of a foreign state.
- Acted for two businessmen alleged to have procured £17m fraudulently from a wealthy Middle Eastern investor.
- Acted for a Nigerian oil company in a dispute with its partner under three oil exploration contracts.
- Acted in long-running litigation brought by a major Arab international organisation against its former director general seeking to recover approx. $200m alleged to have been misappropriated by means of various frauds.
- Acted in approximately 16 other significant cases resulting in reported decisions.
- Conducted an internal investigation regarding alleged money laundering.
Please note: The experience list above may include examples of work completed prior to joining Keystone Law.
Recognition
Recognised in The Legal 500 for Commercial Litigation: Mid Market (2023-2024)
Career
Joseph qualified as a solicitor in 1981. Prior to joining Keystone Law in 2020, he practised at the following firms:
- Greenwoods GRM
- Locke Lord
- Rochman Landau