David Joseph KC KC > Essex Court Chambers > London, England > Barrister Profile

David Joseph KC KC

020 7813 8000 djoseph@essexcourt.com

Position

Has acted as counsel and arbitrator in an extremely wide range of high-value commercial disputes. He is consistently recommended as a leading silk in the field of international arbitration as well as general insurance and commercial litigation. He is the author of Jurisdiction and Arbitration Agreements and their Enforcement (Sweet & Maxwell, 2nd Ed November 2010) which in a short period of time has become a standard work of reference in this complex field and has been cited with approval by courts in England and Singapore. He has acted and appeared as counsel in over 100 complex and lengthy LCIA, ICC, UNCITRAL and other ad hoc arbitrations in London and overseas. In addition he has acted as counsel in numerous LMAA arbitrations. He has also frequently been appointed to act as arbitrator in both institutional (ICC and LCIA) and ad hoc arbitration. His arbitration practice covers a wide range of work from joint ventures, shareholder disputes, mobile telephones, satellite television, insurance, reinsurance, aerospace, mining, construction and shipbuilding. He has also advised and acted in a series of investment treaty disputes. In court, his practice covers not only the general range of commercial disputes embraced in his arbitration practice but in addition he has appeared as counsel in a number of fraud actions involving recovery of stolen property, resolution of disputes between shareholders/joint venturers, breach of fiduciary duty, restraint of use of performance bonds/letters of credit. He has also acted in a number of actions giving rise to complex issues as to jurisdiction and the grant of interlocutory relief including anti-suit injunction. On top of his practice in England, he has a busy international practice appearing in court and arbitration in the Far East and Caribbean. He is one of a number of barristers who have taken rooms in Singapore’s dedicated arbitration facility in Singapore, Maxwell Chambers. He was named Silk of the year: International arbitration at the 2013 inaugural Legal 500 awards. Reported cases include: Banking: Tenaga v UBS; BNP v Karageorgis; Proctor and Gamble v Bankers Trust; Skandinaviska Enskilda Banken vs APBS; and BNP v Jurong Shipyard; Menara Maxis vs AT & T and others). Commercial litigation: Gill v Meyers; Films Rover v Cannon Film Sales; Standard Chartered Bank v PNSC and others (for SGS); Mattis v Toussaint; Yukong Lines v Rendsburg; REC v Thames Water; De Molestina and Others v Ponton and Marubeni Corporation v Government of Mongolia. Commercial fraud: Stanford International Bank Limited [2009] EWHC 1441 (Lewison J) and dismissal of liquidator’s appeal in [2010] EWCA Civ 692; Parbulk v Heritage Maritime (2011) and the TSB v Chabra jurisdiction. Insurance and reinsurance: Suncorp v Milano; Group Josi v Walbrook; Baker & Black Sea and Baltic; Aneco v Johnson & Higgins. Shipping: The Houda; The Seaflower, The Lloyd Pacifico; Smedvig v Elf Shipping, Standard Chartered Bank v PNSC (successfully defending SGS); Yukong Lines v Rendsburg – The Rialto. Aviation: Lee Kui Jak v Aerospatiale; Malca Amit v British Airways, and Quantum v Air France. Judicial review: AVAL vs Government of Antigua and Barbuda (Judgment 29 April 2009).

Career

Called 1985, Middle Temple; QC 2003; Essex Court Chambers since 1985; Bar Council Professional Standards Committee 2003-06.

Languages

French.

Memberships

ILA; ICC; LCIA; SIAC panel member; COMBAR.

Education

St Paul’s School, London; Pembroke College, Cambridge (1982 BA Hons Law); College of Law (1983 Law Society Finals); London (1984 Bar Finals).

Leisure

Skiing, mountain walking, sailing, opera.