Joseph McCormick Partner – Dispute Resolution

Joseph acts for clients in a wide variety of matters. He typically advises in relation to complex, high value, commercial litigation and international arbitration, often involving multiple jurisdictions, covering breach of contract, negligence, fraud, unfair prejudice, freezing and disclosure orders, misrepresentation and breach of trust. Industry sectors include financial services, media, pharmaceuticals, energy, mining and commodities. He also advises in relation to regulatory and sanctions issues.

He regularly represents clients involved in High Court litigation in London, as well as arbitrations under the rules of the leading international arbitration institutions, including LCIA, ICC, LMAA and Swiss rules. He also has experience advising clients involved in industry-specific arbitrations, such as those under International Cotton Association (ICA) Bylaws & Rules, as well as applications and appeals to the High Court under the Arbitration Act 1996.

Joseph also has a wealth of experience advising in relation to the financial crisis in Lebanon, having brought the first claim to establish jurisdiction against a Lebanese bank before the English courts, as well as other claims since. Claims have been argued and decided applying Lebanese law. He is experienced in dealing with complex jurisdiction issues and applying foreign law.

Joseph’s practice includes:

• Representing a UK-based depositor against a Lebanese bank in a widely reported jurisdiction challenge (and subsequent anti-suit injunction), successfully establishing that the claim could be brought in the English High Court (Bilal Khalifeh v Blom Bank SAL [2020] EWHC 2427 (QB)).
• Representing a Russian businessman in a US$ 150 million LCIA arbitration dealing with complex issues of New York and English law, involving ex-parte applications in the High Court in London for freezing and disclosure orders.
• Acting for an early investor in the hit show Mamma Mia! in a multi-million pound unfair prejudice claim in the High Court in London.
• Acting for a US pharmaceutical company in a major investigation and arbitration spanning over 10 jurisdictions following a multi-billion dollar acquisition, involving breach of warranty claims under a share purchase agreement arising from accounting irregularities at the target company.
• Representing a Russian businessman in an LCIA arbitration concerning a US$ 45 billion commodities contract.
• Acting for a major US television studio in a successful, widely reported, multi-million dollar Commercial Court claim for breach of a licence and integration agreement (Reveille Independent LLC v Anotech International (UK) Ltd [2015] EWHC 726 (Comm)).
• Acting for a South African company in a US$ 500 million+ dispute under ICC and Swiss Arbitration Rules concerning a construction project in Russia.
• Representing a client involved in a long-running shareholder dispute in the Chancery Division concerning luxury hotels and land in Montenegro (Caldero Trading Ltd v Beppler & Jacobson Ltd & Ors [2014] EWCA Civ 935).
• Acting for the UK subsidiary of a US software developer in a multi-jurisdictional dispute in London, New York and Geneva involving a team-move of software developers to a competing company, involving claims for misappropriation of trade secrets and proprietary source code, and ex-parte applications for search and seizure and evidence preservation orders.
• Representing the subsidiary of a significant US technology company concerning its open OTC metals positions in MF Global UK Limited (In Special Administration).
• Acting for a Russian company with sole distribution rights in Russia and the CIS in a multi-million pound claim brought in the Commercial Court for wrongful termination of a distribution agreement.
• Acting for the recipient of a Norwich Pharmacal application in connection with ongoing proceedings concerning an alleged fraud involving the loss of approximately US$ 300 million.
• Acting for a New York based monoline insurer in proceedings involving the disputed early termination of a credit default swap agreement in ISDA form where the amount at stake was US$ 1.8 billion.
• Acting for a major Thai clothing manufacturer in two arbitration appeal cases under sections 68 and 69 of the Arbitration Act 1996, concerning awards made under the International Cotton Association (ICA) Bylaws & Rules.
• Acting for Panamanian clients against a French company in an ICC arbitration concerning a US$ 300 million construction project in Panama.
• Acting for a Korean cotton trader in a multi-million dollar arbitration under ICA Bylaws & Rules concerning alleged performance and quality issues in a series of substantial cotton trades.

Joseph was formerly at the international US law firm Bryan Cave Leighton Paisner and subsequently Rosenblatt (ranked Tier 1 for Commercial Litigation, Legal 500).

He studied LLB (Hons) at university before completing the Legal Practice Course with a distinction.

Joseph is a member of Arbitration Ireland, the London Irish Lawyers Association and the Commercial Litigators’ Forum (London Committee).

Out of the office Joseph enjoys travelling, wine tasting and completing triathlons, although busy family life has taken priority over the latter!

Expertise

• Dispute Resolution