Jonathan Worboys

Jonathan has a substantial public international law practice spanning all areas of public international law (law of the sea; the law of treaties; immunities; State responsibility; international criminal law; international environmental law etc.).  He is particularly experienced in high-stakes international negotiations and often works with clients on an ongoing and long-term basis to find solutions to complex legal and policy issues.

Jonathan has more than three years of experience working for the Foreign, Commonwealth & Development Office as an Assistant Legal Adviser on issues relating to the law of treaties, EU withdrawal, overseas territories and law of the sea.

Current and recent work includes:

Litigation and arbitration

• Chagos Request for an Advisory Opinion (International Court of Justice) – junior counsel for the UK before the International Court of Justice.
• Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation in Bangladesh/Myanmar (International Criminal Court) – investigation into crimes against the Rohingya cited more than 20 times in the Court’s decision and more than 50 times by the Prosecutor in her request to commence an investigation.
• Prosecutor v. Bosco Ntaganda (International Criminal Court Appeals Chamber) – invited by the Appeals Chamber of the International Criminal Court to appear amicus on the meaning of “attacks” in Article 8(2)(e)(iv) of the Rome Statute.
• Lazareva v Kuwait (Kuwait – Russia 1994 BIT) – working with Crowell & Moring on aspects of the Lazareva v Kuwait ICSID administered investment claim (claims arising out of a series of measures by Kuwaiti authorities, including unsubstantiated charges against the claimant, her harassment and improper detention).
• Micula & Others v Romania (Commercial Court: Court of Appeal: Supreme Court) – junior counsel for the First Claimant in enforcement proceedings arising out of the Award in ICSID Case No. ARB/05/20 (led by Sir Alan Dashwood QC and Patrick Green QC).
• A v State B (Commercial Court) – acting for a claimant in relation to a $25m arbitration enforcement.  Complex questions as to State Immunity and service (details confidential) (sole counsel).
• Bancoult (No 5) and Chagossian Committee Seychelles v. Secretary of State for Foreign and Commonwealth Affairs – acting for the Foreign, Commonwealth & Development Office in judicial review proceedings arising out of UK policy regarding the British Indian Ocean Territory; focus of work on PII.
• Cyprus Colonial litigation – junior counsel for the Foreign & Commonwealth Office in claims relating to alleged historic abuse.

International negotiations and significant long-term advisory projects

• EU Withdrawal – acting for the UK and advising the Foreign, Commonwealth & Development Office and other UK Government departments (including MOJ and DEFRA) on a continuing basis in relation to various matters arising out of the UK’s withdrawal from the EU, ranging from new treaty negotiations to fisheries and dispute resolution (2017 to present) (details confidential).
• Sanctions – advising the Foreign, Commonwealth & Development Office on various sanctions issues (led by Sir Alan Dashwood QC).
• Treaty law – acting for the UK and advising UK Government departments on complex treaty issues relating to approximately 50+ treaties.  Issues have included questions relating to form and substance, termination, suspension, revival, reservations and declaration, entry into force, State succession, territorial application and dispute resolution.
• Maritime boundary delimitations – acting for a Government in maritime boundary delimitation negotiations (details confidential).
• Marsha Lazareva v Kuwait (human rights complaints) – counsel to Marsha Lazareva in her human rights complaints against Kuwait. Marsha Lazareva is a Russian national and businesswoman 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 and engagement with the UN through the Universal Periodic Review (led by Cherie Blair CBE, QC).
• Sudan’s peace process – legal adviser to parties to Sudan’s peace process on various technical legal and process related issues including ceasefires, accountability mechanisms and resource sharing.  Working closely with the Peace Commission of Sudan; the UN Mediation Support Unit; and South Sudan Mediation throughout (2019 – present) (led by Dr Paul R. Williams).
• 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 (2018 – present) (led by Dr Paul R. Williams).
• Syria’s peace process – advising members of the Syrian opposition during Geneva peace negotiations and the UN led Constitution drafting processes with the Government of Syria (2016 – present) (led by Dr Paul R. Williams).
• 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 (led by Dr Paul R. Williams).
• 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.
• The Permanent Mission of Sierra Leone to the UN Human Rights Council – legal adviser to the Permanent Mission of Sierra Leone to the UN Human Rights Council. Attended 23rd, 24th and 27th sessions of the UN Human Rights Council as a member of Sierra Leone’s delegation. Acted in negotiations resulting in the first ever UN resolution on early and child forced marriage.
• An Individual v a European State – advising on the extra-territorial application of the ECHR and the merits of a potential application to the ECHR (led by Cherie Blair CBE QC).
• Universal Periodic Review – strategic and legal advice to a State in respect of various aspects of its Human Rights Council Universal Periodic Review (led by Cherie Blair CBE QC).

Jonathan represents clients in a range of commercial disputes, from the sale and supply of goods and service, product liability, group actions, occupiers’ liability and personal injury.  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, Cayman, German, Greek, Iraqi, Korean, Kuwaiti and Mauritian governing law.

Current and recent work includes:

• Micula & Others v Romania (Commercial Court; Court of Appeal; Supreme Court) – junior counsel for the First Claimant in enforcement proceedings arising out of the Award in ICSID Case No. ARB/05/20 (led by Sir Alan Dashwood QC and Patrick Green QC).
• 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).
• Volkswagen NOx Emissions Group Litigation (2018-2019) – junior counsel to Volkswagen.
• Dana UK Axle Ltd v Freudenberg Sealing Technologies GmbH & Co (Commercial Court) – junior counsel for a Claimant in a claim for £7m+ in respect of a defective product.
• Lord Westbury and Others v Buka (Commercial Circuit Court) – junior counsel for the Claimants in a shareholders dispute in relation to a luxury hotel in Madagascar.  Questions of Maritian law.
• A v State B (Commercial Court) (sole counsel) – acting for a claimant in relation to a $25m arbitration enforcement.  Complex questions as to State Immunity and service (details confidential).
• A section 69 Arbitration Act Appeal (Commercial Court) – acting for a major UK entity in an appeal on a point of law under section 69 of the Arbitration Act 1996.
• Commercial Agents Regulations – advising a French company in a dispute regarding the application of the Commercial Agents Regulations (settled).

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 raising questions ranging from service to sovereign immunity.

Current and recent work includes:

• Micula & Others v Romania (Commercial Court; Court of Appeal; Supreme Court) – junior counsel for the First Claimant in enforcement proceedings arising out of the Award in ICSID Case No. ARB/05/20 (led by Sir Alan Dashwood QC and Patrick Green QC).
• A v State B (Commercial Court) – acting for a claimant in relation to a $25m arbitration enforcement.  Complex questions as to State Immunity and service (details confidential) (sole Counsel).
• Lazareva v Kuwait (Kuwait – Russia 1994 BIT) – working with Crowell & Moring on aspects of the Lazareva v Kuwait ICSID administered investment claim (claims arising out of a series of measures by Kuwaiti authorities, including unsubstantiated charges against the claimant, her harassment and improper detention).
• A London seated UNCITRAL arbitration – acting for a claimant in a $150m London seated UNCITRAL arbitration against a State arising out of contract disruption due to an armed conflict (led by George Spalton).
• A London seated LCIA London arbitration – representing a gaming company in a London seated LCIA arbitration against a European State in relation to a dispute regarding a gaming license (led by Wendy Miles QC).
• A DIFC seated ICC arbitration – representing a sub-contractor in an ICC arbitration arising out of the construction of a Middle East airport (led by Wendy Miles QC).
• A London seated LCIA arbitration – representing a gaming company in a London seated LCIA arbitration arising out of a share purchase agreement (led by Wendy Miles QC).
• A domestic ad hoc – commercial arbitration – advising in relation to a potential domestic ad hoc commercial arbitration arising out of failure to pay for services provided (sole counsel).
• 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 (led by Prashant Popat QC).

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.  He is further experienced in cases of business and human rights.

Current and recent work includes:

• Business and human rights – advising a Government on aspects of the UN Guiding Principles on Business and Human Rights.
• An individual v a European State – counsel to an individual in potential complaints to international human rights bodies, including the UN Working Group on Arbitrary Detention, UN Special Rapporteurs and Human Rights Committee (led by Cherie Blair CBE QC).
• Marsha Lazareva v Kuwait – counsel to Marsha Lazareva in her human rights complaints against Kuwait.  Marsha Lazareva is a Russian national and businesswoman 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 and engagement with the UN through the Universal Periodic Review (led by Cherie Blair CBE QC).
• An individual v a European State – advising on the extra-territorial application of the ECHR and the merits of a potential application to the ECHR (led by Cherie Blair CBE QC).
• An individual v a European State – counsel to an individual in potential complaints to international human rights bodies, including the European Court of Human Rights, UN Working Group on Arbitrary Detention, UN Special Rapporteurs and Human Rights Committee (led by Cherie Blair CBE QC).
• The Permanent Mission of Sierra Leone to the UN Human Rights Council – legal adviser to the Permanent Mission of Sierra Leone to the UN Human Rights Council.  Attended 23rd, 24th and 27th sessions of the UN Human Rights Council as a member of Sierra Leone’s delegation.  Acted in negotiations resulting in the first ever UN resolution on early and child forced marriage.
• Universal Periodic Review – strategic and legal advice to a State in respect of various aspects of its Human Rights Council Universal Periodic Review (led by Cherie Blair QC).

Jonathan is a leading expert on EU withdrawal and international trade, where is ranked in Legal 500 for “the way he sparks off ideas”.  Since 2017, he has worked as an Assistant Legal Adviser at the Foreign, Commonwealth & Development Office on legal issues relating to the UK’s withdrawal from the EU.  As part of this work, Jonathan has acted for the UK or advised Government departments on all manner of issues ranging from UK-third country treaty negotiations to advising on fisheries and the post-EU jurisdictional regime.

Further examples of current and recent work include:

• Micula & Others v Romania (Commercial Court; Court of Appeal; Supreme Court) – junior counsel for the First Claimant in enforcement proceedings arising out of the Award in ICSID Case No. ARB/05/20 (led by Sir Alan Dashwood QC and Patrick Green QC).
• Sanctions – advising the Foreign, Commonwealth & Development Office in relation to various EU law sanctions issues (led by Sir Alan Dashwood QC).
• Commercial Agents Regulations – advising a French company in a dispute regarding the application of the Commercial Agents Regulations.
• 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 for States, victims and NGOs in international criminal law cases concerning the prosecution of international crimes, the structure and establishment of justice accountability mechanisms and the progressive development of international criminal law.  He is experienced acting in cases before the International Criminal Court and ad hoc tribunals.

Current and recent work includes:

• Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation in Bangladesh/Myanmar (International Criminal Court) – investigation into crimes against the Rohingya cited more than 20 times in the Court’s decision and more than 50 times by the Prosecutor in her request to commence an investigation.
• Prosecutor v. Bosco Ntaganda (International Criminal Court Appeals Chamber) – invited by the Appeals Chamber of the International Criminal Court to appear amicus on the meaning of “attacks” in Article 8(2)(e)(iv) of the Rome Statute.