Joe-han Ho

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 is ranked in the Legal 500 (2024) as Leading Individual 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 Barbadian insurer in two ICC arbitrations with a combined value of US$43.5 million concerning receivables loan facility, fraud, and misinterpretation.
• 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 Singapore 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 two ICC arbitrations with a combined value of US$43.5 million 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. Joe-han’s 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 two ICC arbitrations with a combined value of US$43.5 million concerning breach of contract, fraud, and misrepresentation.
• 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. 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 three major infrastructure projects in the UAE with circa 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 broad experience in a range of international commercial arbitrations, including those held under LME, SCC, ICC, UNCITRAL, and LCIA rules.

Cases of note

• [Confidential] – Advised on an DIFC-LCIA arbitration concerning three major infrastructure projects in the UAE with circa US$270m in dispute.
• [Confidential] – Acting for a Barbadian insurer in two ICC arbitrations with a combined value of US$43.5 million concerning fraud, misrepresentation, and breach of contract.
• [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] - Acted as sole counsel in an LME arbitration concerning the sale of zinc ingots raising issues as to conditions precedent, letters of credit, and hedging losses. A jurisdiction challenge was defeated (with costs), and the Tribunal awarded a substantial sum to the claimant following the merits hearing held over a number of days.
• [Confidential] - Allegations of asset-stripping of a company, raising issues as to the validity of a contract, sham trusts, breach of fiduciary duty, and corporate capacity.
• [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).