Joyce Arnold

Joyce's recent arbitration experience includes three high-value arbitrations around force majeure clauses in long-term gas contracts. She has also worked on a number of smaller arbitrations, including one concerning the construction of a commission agreement for investment advisors and another on the construction of a shareholders' agreement for a technology company in Eastern Europe.

As to work on the Arbitration Act 1996, Joyce was led by Sa'ad Hossain QC in Haven v Elephant [2018] EWCA Civ 2494, in which they successfully resisted an appeal concerning section 12(3)(a) of the 1996 Act, the Court of Appeal upholding the decision of the first instance judge to grant their client an extension of time to refer its dispute to arbitration.

Joyce was also led by Simon Colton in advising on, and bringing, challenges to an arbitral award under both section 68 and section 69 of the Act. They were successful in a section 68 challenge and subsequently advised on remittance of the relevant section of the award and associated procedural issues.

Joyce has also successful resisted a section 69 appeal and advised on the removal of arbitrators under section 24 of the 1996 Act.

 

Other experience include:

• UNCITRAL proceedings
  Acting (with Claire Blanchard QC, Michelle Menashy and Conall Patton) in large-scale arbitration proceedings concerning contracts for the delivery of natural gas.
• Assisted Conall Patton in an LCIA arbitration (London seat) between an African telecoms company and a former fundraiser.

• Stichting Vestia v BNP Paribas SA
  Led by Sonia Tolaney KC, Joyce acts for BNPP in this >€300 million claim, in which Vestia alleges that derivative transactions it entered into with BNPP were ultra vires and/or procured by bribery. BNPP also counterclaims against Vestia.
• Lehman Brothers Special Financing Inc. v (1) NPC and (2) PSALM [2018] EWHC 487(Comm)
  Acted (led by Sa’ad Hossain QC) for LBSF in its claim for a Close-out Amount under the 2002 ISDA Master Agreement. Knowles J, in the first detailed judicial consideration of the 2002 ISDA Close-out provisions, accepted LBSF’s submissions that the 2002 ISDA, unlike the 1992 ISDA, required an objectively reasonable Close-out Amount.

• ENRC v Director of the Serious Fraud Office
  Led by Simon Colton KC and James Segan KC, Joyce is acting for the SFO in this high-profile claim, which is being heard in a 12-week trial from May 2021.
• Spartan litigation
  Acted (led by Sa'ad Hossain QC and Jamie Goldsmith) in high-value and complex litigation surrounding an investment company.
• BDW v Fitzpatrick
  Acted (led by Daniel Toledano QC) for the claimant construction company in a bribery claim against a former employee.

• SDI Retail Services Limited v Rangers Football Club Limited
  Over the past five years, Joyce has done substantial work for SDI, a subsidiary of Sports Direct, in its disputes with Rangers FC over the commercial exploitation of Rangers replica kit and branded products. Judgments include [2019] EWHC 1929 (Comm), [2018] EWHC 2772 (Comm) (on-going Part 7 proceedings) and [2019] EWHC 591 (Comm) (Part 8 proceedings).
• British Gas Trading v (1) Shell (2) Esso
  Led by John McCaughran QC, Joyce acted for Shell at the first instance trial of preliminary issues [2019] EWHC 1735 (Comm) and in the subsequent appeal [2020] EWCA Civ 2349. Shell and Esso were successful at first instance in dismissing BGT’s claim; while the Court of Appeal allowed BGT’s appeal on one aspect of that judgment, it also allowed Shell and Esso’s cross-appeal on damages, finding that BGT had suffered no loss.
• BGC Brokers LP v Tradition (UK) Ltd [2019] EWCA Civ 1937
  Led by Sa’ad Hossain QC, Joyce (who had not appeared below) acted as independent counsel in successfully resisting this second appeal, which raised questions of how without prejudice privilege and litigation privilege apply to pre-settlement communications incorporated into a settlement agreement.
• Re Tradeouts Ltd
  Successfully defended (led by Sa’ad Hossain QC) BCA Trading Limited from a £21.5 million unfair prejudice petition brought by a fellow shareholder in Tradeouts Limited. The petition made wide-ranging allegations of bad faith, breach of contract and breach of directors’ duties against BCA and its nominated directors on the Tradeouts board. All allegations were comprehensively dismissed following a 12-day trial.
• Lehman Brothers Special Financing Inc. v (1) NPC and (2) PSALM [2018] EWHC 487(Comm)
  Acted (led by Sa’ad Hossain QC) for LBSF in its claim for a Close-out Amount under the 2002 ISDA Master Agreement. Knowles J, in the first detailed judicial consideration of the 2002 ISDA Close-out provisions, accepted LBSF’s submissions that the 2002 ISDA, unlike the 1992 ISDA, required an objectively reasonable Close-out Amount.
• Search order
  Obtained a search order against a consultancy company's former employee and his new employer (led by David Cavender KC).
• Signature Global Ltd v Elite Performance Cars Ltd
  Acted for the claimant in an action arising out of non-delivery of several luxury cars, cumulatively worth around £500,000.

• Re Tradeouts Ltd
  Successfully defended (led by Sa’ad Hossain QC) BCA Trading Limited from a £21.5 million unfair prejudice petition brought by a fellow shareholder in Tradeouts Limited. The petition made wide-ranging allegations of bad faith, breach of contract and breach of directors’ duties against BCA and its nominated directors on the Tradeouts board. All allegations were comprehensively dismissed following a 12-day trial.
• SDI Retail Services Limited v King and others [2017] EWHC 737 (Ch)
  Obtained (led by Richard Hill QC)  permission for SDI to continue a derivative claim brought on behalf of Rangers Retail Limited against two directors of Rangers Retail and Rangers FC. Joyce appeared by herself for SDI against a silk at the heavily-contested consequentials hearing.

• British Gas Trading v (1) Shell (2) Esso
  Led by John McCaughran QC, Joyce acted for Shell at the first instance trial of preliminary issues [2019] EWHC 1735 (Comm) and in the subsequent appeal [2020] EWCA Civ 2349. Shell and Esso were successful at first instance in dismissing BGT’s claim; while the Court of Appeal allowed BGT’s appeal on one aspect of that judgment, it also allowed Shell and Esso’s cross-appeal on damages, finding that BGT had suffered no loss.
• UNCITRAL proceedings 
  Acting (with Claire Blanchard QC, Michelle Menashy and Conall Patton) in large-scale arbitration proceedings concerning contracts for the delivery of natural gas.
• Haven Power Ltd v Fresh to Store Ltd
  Acted for the claimant in a £120,000 claim under a contract deemed by the Electricity Act 1989.

• SDI Retail Services Limited v Rangers Football Club Limited
  As part of her work for SDI, Joyce (led by Sa’ad Hossain QC) obtained urgent final injunctions for SDI against Rangers FC, which prohibited it from performing a contract it had entered into with a third party in breach of its contract with SDI: [2018] EWHC 2772 (Comm).
• Search order
  Obtained a search order against a consultancy company's former employee and his new employer (led by David Cavender QC).