
Joseph Bentley
Biography
Joseph Bentley is an international arbitration lawyer based in London. He has extensive experience managing ICC, LCIA, DIFC-LCIA, DIAC, SIAC, UNCITRAL and ad hoc arbitrations with variety of international seats and governing laws, as well as litigation in the English, DIFC and MENA courts.
Having practiced in the Middle East for several years, Joseph is familiar with common and civil law legal systems and focuses on energy disputes, particularly upstream oil&gas and conventional and renewable power projects. He also advises clients in the natural resources/mining, nuclear, banking, defence/aerospace and technology/IT on arbitrations and associated litigation in the Middle East, Africa and Asia.
Joe often conducts the advocacy at hearings and has been appointed as an arbitrator or tribunal secretary in several arbitrations.
Joseph is a “Key Lawyer” for “International Arbitration” in Legal 500 2022-25 and described as having "a phenomenal ability to understand complexity and detail”. Joseph is also recognised by Best Lawyers as One to Watch for "Energy and Natural Resources Law" 2023-25 and is a Thompson Reuters’ Standout Lawyer 2024-25.
Professional experience
Representative experience
Representative experience
- International oil & gas business – on defence of a London-seated UNCITRAL arbitration relating to calculation of deferred compensation arising out of upstream investment in Norwegian continental shelf, involving allegations of breach of express duty of good faith, breach of implied terms and unlawful means conspiracy
- Owner of nuclear power plant in Middle East – on defence of highly complex EOT, prolongation and disruption London-seated LCIA arbitration in relation to delays to Substantial Completion of Units, as well as c.130 direct cost claims relating to alleged variations and defective plant, equipment and design
- UK defence contractor – on complex defence of a London-seated ad hoc arbitration brought by prime contractor relating to technical issues of delay, disruption and defects arising out of military aviation project
- European financial institution – on London-seated ICC arbitration in connection with liability arising from Ghana’s sovereign default of its public and commercial debt obligations
- Canadian mining company – on London-seated LCIA arbitration claim relating to liabilities arising out of a tax indemnity in connection with investment in the Dominican Republic
- Owner of 150MW CSP tower plant in Morocco – on two Paris-seated ICC arbitrations in connection with claims by O&M contractor for non-payment and cross-claims relating to technical issues and defective works
- Owner of a gas turbine power plant in Ghana – on defence of London-seated ICC arbitration claim involving numerous time and cost claims relating to Owner-risk delays and Force Majeure (amounting to over US$400m), as well as defence of ICC expertise proceedings and litigation in Ghana and South Africa*
- International contractor consortium – on a number of direct cost and disruption claims, totalling around US$2bn, arising in respect of one of the largest infrastructure megaprojects in the Kingdom of Saudi Arabia*
- International oil trader – on a DIFC Court freezing order against a Lebanese financial institution in support of underlying proceedings in Lebanon, in which appellate decision made new law as to the DIFC's Court's power to grant a standalone freezing injunctions*
- Operator of an oil field in Iraq – on a London-seated ICC arbitration against the EPC contractor responsible for building Central Processing Facility, involving complex issues relating to bribery, defects/variations, staged completion, and the application of limitation periods*
Specific experience
Energy and Natural Resources
- International oil & gas business – on defence of a London-seated UNCITRAL arbitration relating to calculation of deferred compensation arising out of upstream investment in Norwegian continental shelf, involving allegations of breach of express duty of good faith, breach of implied terms and unlawful means conspiracy
- Owner of nuclear power plant in Middle East – on defence of highly complex EOT, prolongation and disruption London-seated LCIA arbitration in relation to delays to Substantial Completion of Units, as well as c.130 direct cost claims relating to alleged variations and defective plant, equipment and design
- European financial institution – on defence of ICC arbitration claim by German state generator in relation to disputed electricity trade in German wholesale electricity market
- Canadian mining company – on London-seated LCIA arbitration claim relating to liabilities arising out of a tax indemnity in connection with nickel mine investment in the Dominican Republic
- UK oil major – on availability of offshore precautionary court injunctions in relation to protestor activity potentially affecting Jackdaw and Penguins fields in UK North Sea
- Canadian investment firm – on insolvency of joint venture partner and issues relating to supply agreement with MGT Teeside, the Owner of a biomass plant, intended to produce 2.3 TWh of low carbon electricity annually
- African NOC – on liability under SPA’s indemnity relating to Qaiyarah and Najmah fields in Federal Iraq
- US oilfield services company – on claims against charter counterparties in relation to non-availability of vessels and termination costs
- International mining company – on contentious MDA negotiations, enforcement and causes of action following Tanzania’s 2018 Mining Regulations
- International mining company – on enforcement of guarantee in relation to recovery of mining equipment
- International oil & gas business – on defence of a London-seated UNCITRAL arbitration claim relating to the calculation of deferred compensation arising out of an investment in the Norwegian continental shelf, involving allegations of breach of express duty of good faith, breach of implied terms and unlawful means conspiracy
- Operator of oil field in Iraq – on: (i) costs recovery; (ii) issues of substantive Iraqi law; (iii) rights and remedies against various EPC contractors; and (iv) dispute resolution strategy and enforcement options against Iraqi government entities, including the Iraqi Ministry of Oil*
- Operator of oil field in Iraq – on defence of a London-seated ICC arbitration brought by EPC contractor responsible for building the Central Processing Facility, involving complex issues relating to bribery, defects/variations, staged completion, and the application of limitation periods*
- NOC in capacity as a member of a contractor consortium – on issues arising out of a Gas Development and Production Service Contract granted as part of Federal Iraq's third licensing round, including: (i) costs recovery; and (ii) termination, force majeure and capacity to suspend Petroleum Operations*
- NOC in capacity as a member of a contractor consortium – on costs recovery dispute with Iraqi Ministry of Oil and claims relating to wrongful termination, including availability of interim relief in DIFC and investor-state claims for expropriation*
- IOC contractor – on issues in connection with Halabja and Shakal blocks in Kurdistan*
Construction / Infrastructure
- Owner of nuclear power plant in Middle East – on defence of highly complex EOT, prolongation and disruption London-seated LCIA arbitration in relation to delays to Substantial Completion of Units, as well as c.130 direct cost claims relating to alleged variations and defective plant, equipment and design
- UK defence contractor – on highly complex defence of a London-seated ad hoc arbitration brought by prime contractor relating to technical issues of delay, disruption and defects arising out of military aviation project
- Owner of 150MW CSP tower plant in Morocco – on two Paris-seated ICC arbitrations in connection with claims by O&M contractor for non-payment and cross-claims relating to technical issues and defective works
- European space satellite manufacturer – on ICC London-seated arbitration arising out of contract to develop product line of geostationary telecoms satellites in claims relating to delay, defects and termination
- O&M contractor of 2,400MW thermal power plant in UAE – on claims relating to material breach and non-payment under Coal Transshipment Agreement in Singapore-seated SIAC arbitration
- German wind turbine manufacturer – on RSA-seated, ICC arbitration Covid-19 Force Majeure claims relating to South African wind farm and subsequent negotiations with Owner and Eskom
- Facility Manager – on claims arising out of deductions in connection with water ingress issues
- District heating / cooling business – on settlement of dispute arising out of Emission Trading Scheme credits
- UK mixed-use developer – on series of disputes with main contractor and consultants in relation to maturity of designs on which the main contract works had been priced, and consequential cost overruns
- US infrastructure fund – on dispute with operator of landfill site where operational issues were adversely affecting power generation activities, including defence of regulatory action by Environment Agency
- UK construction company – on enforcement of an adjudication decision and defence of summary judgment proceedings in the English courts
- Owner of a gas turbine power plant in Ghana – on defence of London-seated ICC arbitration claim involving numerous time and cost claims relating to Owner-risk delays and Force Majeure (amounting to over US$400m), as well as defence of ICC expertise proceedings and litigation in Ghana and South Africa*
- International contractor consortium – on number of direct cost and disruption claims, totalling around US$2bn, arising in respect of one of the largest infrastructure megaprojects in the Kingdom of Saudi Arabia*
- Malaysian electricity company – on Abu Dhabi-seated DIFC-LCIA arbitration claim against supplier of equipment for a district cooling plant in Abu Dhabi*
- A Dubai-based REIT – on two concurrent DIFC Court claims against a master fit-out contractor*
Corporate and commercial disputes
- European financial institution – on London-seated ICC arbitration in connection with liability arising from Ghana’s sovereign default of its public and commercial debt obligations
- European medical test provider – on supply chain dispute worth c.£65m involving UK government in connection with related High Court proceedings for unlawful rejection of goods
- European financial institution – on account receivable financing fraud and asset recovery (worth $118m) in proceedings in UAE, India and England
- Indian pharmaceutical company – on London-seated LCIA claim for loss of profits and market share against the Chinese supplier of an active pharmaceutical product
- Indian pharmaceutical company – on defence of London-seated LCIA arbitration claim relating to alleged breaches of supply agreement and delays caused by Covid-19 Force Majeure
- Indian conglomerate – on misrepresentation and conspiracy High Court claim against seller of shares in aviation consultancy business worth c.£35m.
- International oil trader – application for a DIFC Court freezing order against a Lebanese financial institution in support of underlying Lebanese proceedings, where appellate decision made new law as to the DIFC's Court's power to grant a standalone freezing injunctions*
- High net worth individual – on London-seated LCIA arbitration claim against financial services provider in connection with fraudulent misrepresentation, breach of trust and breach of DFSA's regulatory obligations*
- Chairman of high-profile UAE retail business – on defence of onshore Dubai court litigation in relation to a shareholder dispute and allegations of long-running fraud and embezzlement*
- International contractor – on defence of a Singapore-seated SIAC arbitration claim, as well as challenge to award in the Singapore Courts on grounds of procedural irregularity *
- UAE real estate developer – on long-running dispute involving a UAE financial institution concerning breaches of contract and DIFC trust law relating to beneficial interests in DIFC real property*
- Listed Belgian shipping company – on enforcement of two LMAA arbitral awards totalling US$100 million against an eminent family-owned conglomerate in Dubai*
- Bahraini investment firm – on DIFC-seated DIFC-LCIA arbitration claim arising out of exercise of a put option and divestment from a Kuwaiti business*
- High net worth individual – on shareholder dispute in Kuwait relating to ownership of automobile business and related dispute with a US car manufacturer involving court proceedings in Kuwait and ICDR-AAA arbitration under UNCITRAL rules in the US*
- Bahraini financial institution – on fraud involving forged KYC documents and falsified pledges / security for fictional borrowers, part of one of the largest frauds in history*
- Dutch financial institution – on enforcement of security and disposal of attached assets under English law governed pledge agreement in the courts of onshore Dubai*
- German financial institution – on asset investigation and tracing as well as regional enforcement of overseas court orders in Dubai*
- UK construction business – on various contractual disputes with customers and former employees in relation to breakdown of machinery, delays in production and allegations of fraud, theft and embezzlement
Rankings and recognitions
Rankings and recognitions
- Joseph was named as “Standout Lawyer 2024” in a Thompson Reuters’ survey of senior in-house counsel (inclusion in which depends on being one of the three most outstanding lawyers a client has worked with over the past three years).
- Joseph is recognised by “Best Lawyers” as "One to Watch" in "Energy and Natural Resources Law" in 2025.
- Joseph is also identified as a Key Lawyer in our team for “International Arbitration” in Legal500 2022 and 2023 and described as having "a phenomenal ability to understand complexity and detail, whilst also being able to evaluate these in the context of the bigger picture, including advising on both the legal and commercial tactics to use to encourage resolution of the dispute".
Admissions
Admissions
- Solicitors Regulation Authority 2015
Publications
Publications
- “Energy arbitration in Africa: potential sources of energy and natural resources disputes", GAR, April 2024
Memberships and activities
Memberships and activities
- Energy Arbitration Club
- LCIA YIAG
- Young ICCA
- ICC YAAF
- Young ICSID
- Young EFILA