Jonathan Worboys

Jonathan represents clients in a range of commercial disputes before the Commercial Court and County Courts. His work often focuses on cases with an international dimension and he frequently acts as counsel in cases raising questions of jurisdiction and / or applicable law.  Since joining the Bar, Jonathan worked on cases with Cypriot, German, Greek, Iraqi, Korean and Kuwaiti governing law.

Current and recent work includes:

• Acting for commercial parties in applications, enforcement matters and trials before the Commercial Court, Technology and Construction Court and the County Courts – cases have concerned applications for disclosure, summary judgment, strike out etc; enforcement of judgments; and cases concerning a range of areas of commercial law including pure contractual disputes and product liability.
• A Commercial Court dispute – counsel for a Claimant in a claim before the Commercial Court in respect of a defective product causing in excess of £7m in damage (case raises questions of jurisdiction and applicable law).
• Palram v LG Chem Limited (Commercial Court) – junior counsel for a defendant in an application to set aside service of the Claim Form and Particulars of Claim out of the jurisdiction (common law rules, parallel proceedings, complex questions as to the applicable law).

Jonathan is ranked in Legal 500 for his work on Brexit and European law, being commended by Silks for “the way he sparks off ideas”. Jonathan is highly experienced working on matters of international trade and has an extensive knowledge of legal issues relating to intra-EU BITs.

Current and recent work includes:

• Micula & Others v Romania (Commercial Court; Court of Appeal; currently on appeal to the Supreme Court) – junior counsel for the claimant in enforcement proceedings arising out of the Award in ICSID Case No. ARB/05/20.
• Brexit – advising and acting for the Foreign & Commonwealth Office and various United Kingdom government departments on a continuing basis regarding of international law issues arising out of Brexit (ongoing).
• Free trade agreements and WTO engagement – working on various aspects UK – third country trade and association agreements post EU exit and engagement with the World Trade Organization post EU exit (details confidential).
• A Permanent Mission of a State to the WTO – adviser to the Permanent Mission of a State to the World Trade Organization and other economic institutions.

Jonathan acts as counsel for commercial parties, private individuals and States in high-profile arbitrations under the LCIA, ICC, ICSID, UNCITRAL and AAA rules.  He also acts in arbitration related court proceedings before the English courts, in particular enforcement matters, where he is experienced acting against States in cases that raise questions ranging from service to sovereign immunity.

Current and recent work includes:

• Micula & Others v Romania (Commercial Court; Court of Appeal; currently on appeal to the Supreme Court) – junior counsel for the claimant in enforcement proceedings arising out of the Award in ICSID Case No. ARB/05/20.
• An arbitration enforcement against a State – acting for a claimant in a pending arbitration enforcement matter (details confidential).
• An UNCITRAL Arbitration – acting for a claimant in an UNCITRAL arbitration against a State arising out of contract disruption due to an armed conflict.
• A multi-billion-euro LCIA arbitration – representing one of Europe’s largest companies in two multi-billion-euro LCIA arbitrations against a European State.
• A multi-million-dollar ICC arbitration – representing a construction company in a multi-million-dollar ICC arbitration arising out of a main contractor’s failure to pay following the construction of a major Middle Eastern airport.
• A LCIA arbitration following a merger – representing a North American gaming company in an LCIA arbitration arising out of indemnity obligations pursuant to a merger.
• A commercial arbitration – advising (as sole counsel) in commercial arbitration arising out of failure to pay for services provided.
• A section 69 Arbitration Act Appeal – acting for a major UK entity in an appeal on a point of law under section 69 of the Arbitration Act 1996.

Jonathan acts for States, individuals and NGOs in a range of international criminal law matters.  Throughout his legal career, Jonathan has provided support to international tribunals regarding the prosecution of international crimes and advised multiple parties on the investigation of international crimes, as well as the establishment of accountability mechanisms.

Jonathan’s work with the Public International Law & Policy Group on the documentation of international crimes against Rohingya has recently been cited by the International Criminal Court more than 20 times during the Court’s Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation in Bangladesh/Myanmar, and was cited by the Prosecutor more than 50 times in her request to commence an investigation.

Current and recent matters include:

• An unprecedented, large-scale and comprehensive investigation into international crimes that have taken place in Myanmar against the Rohingya – acting as part of a team that conducted an investigation into crimes that have been committed against the Rohingya and drafting a full report. Report was cited by the International Criminal Court more than 20 times during the Court’s Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation in Bangladesh/Myanmar, and was cited by the Prosecutor more than 50 times in her request to commence an investigation.
• Transitional justice and accountability mechanisms – advising parties to major international peace processes and post conflict States on questions of transitional justice and the establishment of accountability mechanisms (details confidential).
• Party A v State B – advising a private party on options for accountability for international crimes.

Jonathan is a specialist in international human rights law and UN engagement. He has extensive experience in cases before UN Special Procedures (such as the Working Group on Arbitrary Detention, Special Rapporteurs, UN Reprisals mechanisms), as well as working on Human Rights Council matters, including the Universal Periodic Review.

Jonathan has previously acted as adviser to the Permanent Mission of a State to the UN Human Rights Council and is familiar with Human Rights Council procedures. He further has experience advising in relation to the European Convention on Human Rights.

Current and recent work includes:

• Marsha Lazareva v Kuwait – counsel to Marsha Lazareva in her cases against Kuwait. Marsha Lazareva is a Russian national a Russian national and businesswomen who is detained in Kuwait on charges of embezzlement. Complaints submitted to the UN Working Group on Working Group on Arbitrary Detention, Special Rapporteurs, UN Reprisals mechanisms.
• Universal Periodic Reviews – acting for parties in respect of multiple UN Human Rights Council UPRs.
• ECHR – advising on the extra-territorial application of the ECHR and the merits of a potential claim to the ECHR.
• A Permanent Mission of a State to the UN Human Rights Council – legal adviser to the Permanent Mission of a State to the UN Human Rights Council. Attended 23rd, 24th and 27th sessions of the UN Human Rights Council as a member of the State’s delegation. Acted for the State in negotiations resulting in the first ever UN resolution on early and child forced marriage.

Jonathan has extensive experience as counsel or adviser on matters relating to British Overseas Territories law, including questions concerning the overlap between international law, European law and domestic constitutional law.

Current and recent work includes:

• Bancoult (No 5) and Chagossian Committee Seychelles v. Secretary of State for Foreign and Commonwealth Affairs – acting for the FCO in judicial review proceedings arising out of UK policy regarding the British Indian Ocean Territory.
• Chagos Request for an Advisory Opinion (ICJ) – counsel for the United Kingdom before the International Court of Justice.
• Treaty extensions – advising government departments on treaty extensions to overseas territories.
• British Overseas Territories general advice – acting for the FCO as an Assistant Legal Adviser in relation to various overseas territories matters ranging from constitutional questions to questions concerning the impact of domestic and international law on the overseas territories (details confidential).

Jonathan is a leading expert in peace processes and post-conflict constitutions.

In recent years, Jonathan has acted as legal adviser to parties to four major international peace processes.  He has also advised multiple parties in States in transition on the drafting of post-conflict constitutions and associated issues such as state structure, decentralisation and elections.

Current and recent work includes:

• Sudan’s peace process – assisting the parties to Sudan’s peace process on various technical legal and process related issues including ceasefires, accountability mechanisms and resource sharing (ongoing, attended multiple rounds of negotiations in Africa).
• Yemen’s peace process – advising parties to Yemen’s peace process on a variety of transition issues, including State structure, constitutional drafting processes and UN engagement.
• The Syrian Geneva Peace Process – advising the Syrian High Negotiating Committee / Syrian National Coalition during Geneva peace negotiations with the Government of Syria on all aspects of the Syrian transition.
• Burma’s peace process – advising the United Nationalities Federal Council of Burma during peace negotiations with the Government of Burma, including ceasefires, State structure and resource sharing.

Jonathan’s practice focuses on disputes and situations across all areas of public international law (e.g. the law of treaties, law of the sea, State responsibility, immunities, laws of war etc.). Jonathan is highly experienced working with States and has more than two years of experience working for the Foreign & Commonwealth Office as an Assistant Legal Adviser. 

Jonathan is a Visiting Lecturer in public international law at King’s College London and a Senior Peace Fellow with the Public International Law & Policy Group in Washington DC. He has published widely on a variety of areas within international law.

Current and recent work includes:

• Brexit – advising and acting for various United Kingdom government departments on a continuing basis regarding international law issues arising out of Brexit (ongoing).
• Chagos Request for an Advisory Opinion (ICJ) – counsel for the United Kingdom before the International Court of Justice.
• Micula & Others v Romania (Commercial Court; Court of Appeal; and Supreme Court) – junior counsel for the First Claimant in enforcement proceedings arising out of the Award in ICSID Case No. ARB/05/20.
• An unprecedented, large-scale and comprehensive investigation into international crimes that have taken place in Myanmar against the Rohingya – acting as part of a team that conducted an investigation into crimes that have been committed against the Rohingya and drafting a full report. Report was cited by the International Criminal Court more than 20 times during the Court’s Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation in Bangladesh/Myanmar, and was cited by the Prosecutor more than 50 times in her request to commence an investigation.
• Marsha Lazareva v Kuwait – counsel to Marsha Lazareva in her cases against Kuwait. Marsha Lazareva is a Russian national a Russian national and businesswomen who is detained in Kuwait on charges of embezzlement.       Complaints submitted to the UN Working Group on Working Group on Arbitrary Detention, Special Rapporteurs, UN Reprisals mechanisms.
• Sudan’s peace process – assisting the parties to Sudan’s peace process on various technical legal and process related issues (ongoing, attended multiple rounds of negotiations in Africa).
• The Syrian Geneva Peace Process – advising the Syrian High Negotiating Committee / Syrian National Coalition during Geneva peace negotiations with the Government of Syria.
• Post conflict constitutions – advising parties in States in transition on the drafting of post conflict constitutions and associated issues such as state structure, decentralisation and elections.
• A maritime boundary delimitation – acting for a State (details confidential).
• Treaty ratification – advising a group of States on various aspects of ratifying a protocol to a multilateral treaty (details confidential).
• Burma’s peace process – advising the United Nationalities Federal Council of Burma during peace negotiations with the Government of Burma.
• A Permanent Mission of a State to the WTO – adviser to the Permanent Mission of a State to the World Trade Organization and other economic institutions.
• A Permanent Mission of a State to the UN Human Rights Council – adviser to the Permanent Mission of a State to the UN Human Rights Council. Attended 23rd, 24th and 27th sessions of the UN Human Rights Council as a member of the State’s delegation. Acted for the State in negotiations resulting in the first ever UN resolution on early and child forced marriage.
• Immunities – advising a party on the enforcement of an arbitration award and issues of sovereign immunity.
• Universal Periodic Reviews – acting for parties in respect of multiple UN Human Rights Council UPRs.