Profile
Joe-han Ho FCIArb is a barrister who practises across the full spectrum of commercial disputes. His experience spans aviation, banking and finance, commodities, company/shareholder, construction, crypto/blockchain, energy/infrastructure, civil fraud, insolvency, insurance, joint venture, POCA/asset forfeiture, and professional negligence disputes; a detailed CV is available upon request. He has appeared in the Court of Appeal, the High Court (at times, unled against King’s Counsel), and judicial tribunals. He has a thriving international arbitration practice and regularly appears before tribunals as sole counsel or as part of a wider counsel team.
Joe-han is frequently instructed on complex and high-value disputes with an international element. Many of his cases have an Asian connection, and he has worked with law firms in (for example) Russia, Kazakhstan, Türkiye, Cyprus, the United Arab Emirates, India, China, South Korea, Hong Kong, Thailand, Malaysia, and Singapore. His clients range from leading public and private companies, to discretionary trusts, to ultra-high-net-worth individuals. Joe-han grew up in Asia and draws on his understanding of Asian culture. He also speaks Mandarin Chinese. His Chinese CV is available here.
Joe-han has been ranked in the Legal 500 for several years, and he is ranked in the latest edition as a Leading Junior. His clients have commented, inter alia, “fantastic intellectual ability”, “an absolute joy to work with”, and “his command of his brief, his knowledge of the law, affability and ability to crunch down large swathes of information into concise, digestible information has been a joy to behold.”
In addition to his counsel practice, Joe-han has extensive experience in ADR, and accepts appointments as arbitrator, mediator, and adjudicator. He is a Fellow of the Chartered Institute of Arbitrators and regularly sits as arbitrator. He is a panel arbitrator at several leading international arbitral institutions, and has experience in all the major institutional rules, more specialist rules such as under GAFTA and the Swiss Arbitration Association, and in ad-hoc arbitrations. He is also a CEDR-accredited mediator and a TECBAR panel adjudicator.
Previously, Joe-han practised as a solicitor at Cleary Gottlieb Steen & Hamilton LLP (London and Paris offices) where he focused on international arbitration and commercial litigation. He also held teaching positions at King’s College London (trusts and equity) and Durham University (contract law). He is regularly published on a range of commercial law matters, and he has an especial interest in ADR, exclusion clauses, and contractual interpretation.
Contact Us
Harvey Scott
Senior Practice Manager
Lucy Harvey-Sked
Assistant Practice Manager
Additional Information
Judicial remarks
Joe-han has appeared before various courts and tribunals, including the Court of Appeal, the High Court (including unled against King’s Counsel), and international arbitral tribunals. His appearances have been subject to judicial remarks, to which a selection is set out below.
- “as Mr Jory [QC] and Mr Joe-han Ho point out, in their lucid and concise post-hearing written submission…” Townley & Anor v Inter Export LLC [2018] EWCA Civ 2068 (Lady Justice Arden, as she then was)
- “This appeal was argued extremely skilfully by [Mr Ho].” Dubai First PJSC v Wright [2019] (unreported) (Mr Justice Barling)
- “… [Mr Ho’s] excellent written closing outline submissions.” The Sky’s The Limit Transformations Ltd v Dr Mohamed Mirza [2022] EWHC 29 (TCC) (HHJ Stephen Davies)
- “… excellent submissions.” Bank of Baroda & Ors v GVK Coal Developers (Singapore) Pte Ltd [2022] (Mrs Justice Cockerill)
Additional Information
Judicial remarks
Joe-han has appeared before various courts and tribunals, including the Court of Appeal, the High Court (including unled against King’s Counsel), and international arbitral tribunals. His appearances have been subject to judicial remarks, to which a selection is set out below.
- “as Mr Jory [QC] and Mr Joe-han Ho point out, in their lucid and concise post-hearing written submission…” Townley & Anor v Inter Export LLC [2018] EWCA Civ 2068 (Lady Justice Arden, as she then was)
- “This appeal was argued extremely skilfully by [Mr Ho].” Dubai First PJSC v Wright [2019] (unreported) (Mr Justice Barling)
- “… [Mr Ho’s] excellent written closing outline submissions.” The Sky’s The Limit Transformations Ltd v Dr Mohamed Mirza [2022] EWHC 29 (TCC) (HHJ Stephen Davies)
- “… excellent submissions.” Bank of Baroda & Ors v GVK Coal Developers (Singapore) Pte Ltd [2022] (Mrs Justice Cockerill)
Contact Us
Harvey Scott
Senior Practice Manager
Lucy Harvey-Sked
Assistant Practice Manager
Areas Of Expertise
Joe-han is experienced in a wide range of banking and financial services disputes, from consumer credit matters to cross-border banking litigation. He has acted both for and against banks and was previously seconded to the Financial Conduct Authority.
He has been ranked in the Legal 500 for several years as a Leading Junior in banking and finance.
Cases of Note
- Bank of Baroda & Ors v GVK Coal Developers (Singapore) Pte Ltd & Ors – Acted for a consortium of Indian banks in a USD$2 billion banking dispute concerning various breaches of facility agreements and related guarantees/indemnities.
- [Confidential] – Acting for a Barbadian insurer in related ICC arbitrations with a combined value of >US$200 million regarding receivables loan facilities, concerning fraud, misrepresentation, and breach of contract.
- NPO Promet LLC v Barclays Bank UK Plc & Ors – Acted on behalf of a European Claimant in a civil fraud claim raising issues as to Bankers Trust Orders, the Quincecare duty, and Quistclose trusts.
- [Confidential] – Advised a claims management company in a test claim relating to the provision of mortgage advice raising issues relating to the Financial Ombudsman Service and the Limitation Act 1980.
- Faulkner v Desaur – Acted for an individual defending a multi-million pound loan dispute raising issues regarding contractual interpretation, penalty clauses, and unfair relationships within the meaning of sections 140A-140C of the Consumer Credit Act 1974.
Joe-han has extensive experience in the entire life cycle of civil fraud disputes, where he has acted for both claimants and defendants/respondents. His expertise is complemented by his involvement in the USD$300m Kazakhstan Kagazy litigation from 2013 (without notice Worldwide Freezing Order) to 2021 (enforcement proceedings against various trusts).
Cases of Note
- Kagazy Kazakhstan plc & Ors v Zhunus & Ors – Enforcement proceedings of a USD$300m judgment in the main proceedings against various trust entities, brought on the basis of tracing, resulting trust, alternatively section 423 Insolvency Act 1986.
- Townley & Anor v Inter Export LLC – Court of Appeal proceedings regarding a fraud claim brought by a Ukrainian company against the director of a contractual counterparty regarding the sale of sunflower oil. The appeal raised complex issues regarding Lord Tenterden’s Act and the application of the tortious measure of damages.
- Anonymised until further order – Acting for an alleged fraudster concerning the registration of a judgment of the Singaporean Court in England under the AJA 1920, a US$42m Worldwide Freezing Order, and concurrent enforcement proceedings in multiple jurisdictions.
- [Confidential] – Acting for a Barbadian insurer in related ICC arbitrations with a combined value of >US$200 million regarding receivables loan facilities, concerning fraud, misrepresentation, and breach of contract.
- NPO Promet LLC v Barclays Bank UK Plc & Ors – Acted on behalf of a European Claimant in a civil fraud claim raising issues as to Bankers Trust Orders, the Quincecare duty, and Quistclose trusts.
Commercial disputes are a core element of Joe-han’s practice. He is regularly instructed to advise on the interpretation of contractual terms (including those dealing with jurisdiction, limitation of liability, and termination), to undertake a merits analysis, and to advise on strategy. His recent matters have involved disputes relating to insurance, force majeure, wind and renewables, commodities, and trade. His commercial disputes practice is complemented by his expertise in related areas such as insolvency law, trusts law, company law, international law, and costs law.
Cases of Note
- Bank of Baroda & Ors v GVK Coal Developers (Singapore) Pte Ltd & Ors – Acted for a consortium of Indian banks in a USD$2 billion banking dispute concerning various breaches of facility agreements and related guarantees/indemnities.
- [Confidential] – Acting for a Barbadian insurer in related ICC arbitrations with a combined value of >US$200 million regarding receivables loan facilities, concerning fraud, misrepresentation, and breach of contract.
- Bluebank Solutions Limited (in liquidation) v Eco Green Management Limited – Defended against a multi-million-pound commercial dispute concerning the proper interpretation of complex contractual terms (in the highly technical context of national energy supply), the anti-deprivation principle, and insolvency set-off. After a series of successful applications, the opponent discontinued its claim shortly before trial.
- [Confidential] – Advised a property developer on the risks of dispositions to counterparties involving issues of asset-stripping, misfeasance, and preferences.
- [Confidential] – Advised a well-known public figure on a six-figure sum claim to recover his wine from an English wine merchant, raising issues as to bailment, conversion, and costs.
- [Confidential] – Advised a CIS client on the merits of petitioning for the winding up of a company on the ‘just and equitable’ ground concerning issues of locus standi, breach of fiduciary duty, and breakdown of shareholder relations.
- Siemens Healthcare Limited v iGene London Limited – Defended against a contractual claim (Commercial Court) that raised complex issues regarding damages and the interaction of the contractual and unjust enrichment causes of action.
- [Confidential] – Advised on the proper interpretation of a sale and purchase agreement and its milestone payments in the context of Covid-19 and the doctrine of force majeure/frustration.
- [Confidential] – Advised an NHS trust on whether a long-term supply contract could be terminated for ‘material default’.
Joe-han has broad experience in a range of construction, engineering, infrastructure, and energy matters from high-value cross-border disputes to residential building disputes. His recent matters have involved disputes relating to insurance, force majeure, as well as wind and renewables. He also has experience in adjudication (both as adjudicator, and as counsel) and is a panel TECBAR adjudicator.
Cases of Note
- [Confidential]– Advised on an DIFC-LCIA arbitration concerning major UAE infrastructure projects c. US$270 million in dispute.
- [Confidential] – Represented a Chinese state-owned corporation in an ICC arbitration against a Spanish company relating to defective photovoltaic trackers in a Middle Eastern solar wind farm, with circa US$25 million in dispute.
- [Confidential] – Advised on a contractual dispute relating to an engineering, procurement, construction, and commissioning project in the Far East (instructed by a leading Malaysian law firm).
- [Confidential] – Advised on certain clauses in the JCT standard building contract w/o quantities (2011 edition) and the consequences of the insolvency of a counterparty.
- The Sky’s the Limit Transformations Ltd v Mirza – Acted as sole counsel for the Defendant in a five-day trial involving five fact witnesses and eight expert witnesses. Claim dismissed with costs. Subsequently pursued the Claimant’s directors for a non-party costs order.
Joe-han has extensive experience in international commercial arbitration, including those held under DIFC-LCIA, GAFTA, HKIAC, ICC, LCIA, LME, SCC, SAI, SIAC, and UNCITRAL rules. He is also a Fellow of the Chartered Institute of Arbitrators and has experience sitting as arbitrator.
Cases of Note
- [Confidential] – Related DIFC-LCIA arbitrations (c. US$270million dispute) regarding major UAE infrastructure projects.
- [Confidential] – Related ICC arbitrations (c. US$200 million dispute) regarding loan facilities, raising issues of fraud, misrepresentation, and breach of contract. Acting for a Caribbean insurer against various Asian entities.
- [Confidential] – ICC arbitration (c. US$25m dispute) regarding photovoltaic trackers in a Middle Eastern project. Acted for a Chinese SOE against a Spanish entity.
- [Confidential] – LME arbitration regarding the sale of zinc, raising issues of letters of credit and hedging losses. Acted (sole counsel) for a Belgian entity against a Saudi entity.
- [Confidential] – GAFTA arbitration regarding the sale of commodities. Acting for a Swiss entity against a US entity. Various ancillary disputes including a s.24 AA 1996 application, a s.27(4) AA 1996 dispute, and a contempt application.
- [Confidential] – ARIAS arbitration regarding an insurance dispute. Acting for an Ecuadorian entity against a London insurer.
- [Confidential] – LCIA arbitration regarding a contract written only in Chinese and Russian. Acted for a Chinese entity against a CIS entity.
- [Confidential] – LCIA arbitration regarding an SPA dispute concerning Ukrainian power plants.
- [Confidential] – Swiss Rules arbitration regarding a corporate restructuring. Acted for a Seychellois entity against a Liechtenstein entity.
- [Confidential] – Ad-hoc arbitration concerning a technology/engineering dispute in an Asian mass rapid transit system.
