Emma Hughes

• ICC arbitration concerning a dispute in relation to an oil and gas field (led by Ali Malek KC) (2024 – ongoing).
• ICC arbitration concerning a contractual dispute relating to the sale of pharmaceutical products (led by Ali Malek KC) (2023 – 2024).
• LCIA arbitration involving multiple parties and allegations of breaches of trust, dishonest assistance and unlawful means conspiracy (led by Bajul Shah) (2020 – 2021).
• LCIA arbitration concerning claims and counterclaims arising out of contracts for the manufacture of electronic components for flight refuelling systems (2019 – 2021).
• Nine consolidated claims under the LCIA Rules involving international parties and a suite of contracts for the manufacture and supply of aerospace components, under the LCIA rules (led by Steven Thompson KC and Hugh Miall) (2020 – 2022).
• Emma also has experience of applications to court under sections 32 (court determination as to the tribunal’s jurisdiction), and 67 – 69 (challenges to award) of the Arbitration Act 1996.
• Prior to commencing pupillage, Emma was selected to represent Gray’s Inn at The Willem C. Vis International Commercial Arbitration Moot involving questions relating to arbitrator appointments and the ICSID and UNICITRAL arbitral rules. As well as appearing as an advocate at the final hearing in Vienna, Emma represented Gray’s Inn at the White & Case Vis pre-Moot in London.

Emma was shortlisted as Shipping, Commodities and Aviation Junior of the year for the Legal 500 Bar Awards 2023. Emma has considerable experience of aviation disputes (both in court and in arbitration) involving airlines, manufacturers and suppliers of aerospace parts and components, providers of maintenance, repair and support services and aircraft charterers.

Emma’s experience includes:

• The Russian Aircraft Operator Policy Claims [2024] EWHC 734 (Comm). Acting for an owner of aircraft engines leased to Russian airlines and that have been detained in Russia following sanctions (led by David Quest KC).
• Optimares S.p.A. v Qatar Airways Group Q.C.S.C. [2022] EWHC 2461 (Comm), [2022] EWHC 2507 (Comm), [2022] Costs LR 1475. Commercial court proceedings concerning the airline’s decision to terminate programmes for the design and manufacture of business class and economy aircraft seats for B787, A321 and B777 aircraft for its convenience (led by Edward Cumming KC).
• Cathay Pacific Airways Limited v Lufthansa Technik AG [2020] EWHC 1789 (Ch). Acting for Cathay in a dispute involving the construction of a contract between two commercial airlines for the provision of jet engine maintenance services and the test for the implication of terms of good faith and reasonableness into commercial contracts (including the test for ‘relational contracts’ in the commercial context) (led by Steven Thompson KC).
• An LCIA Arbitration involving claims concerning contracts for the manufacture of electronic components for flight refuelling systems (2019 – 2021).
• Junior counsel in nine consolidated claims involving international parties and contracts for the manufacture and supply of aerospace components, under the LCIA rules (led by Steven Thompson KC and Hugh Miall) (2020 – 2022).
• Commercial Court proceedings between international parties involving a contract for the supply of aircraft parts and components and the provision of repair and maintenance services (led by Steven Thompson KC) (2019 – 2020).

• Barclays Bank Plc v VEB.RF [2024] EWHC 2981 (Comm), [2024] EWHC 3088 (Comm). Acting for the Claimant in an application to the court under Section 32 of the Arbitration Act 1996 for a decision on the Tribunal’s jurisdiction. Case concerned the operation of an asymmetric jurisdiction agreement (led by Peter de Verneuil Smith KC).
• Farol Holdings Ltd et al v (1) Clydesdale Bank plc (2) National Australia Bank Ltd [2024] EWHC 593 (Ch). Acting in group litigation concerning misrepresentation, negligence, contractual and unjust enrichment claims arising out of the sale and termination of fixed rate tailored business loans (led by Andrew Onslow KC, Lisa Lacob and Liisa Lahti).
• Day v FXCM [2023] EWHC 14349 (Comm). Acting for a spread-betting company in proceedings involving contractual claims and allegations concerning the FCA’s Conduct of Business Sourcebook.
• Emma is presently acting as sole counsel for a spread-betting company in a dispute concerning the nature of custodian arrangements with respect to crypto-assets.
• Emma is instructed as junior counsel in group litigation involving claims under the Financial Services and Markets Act 2000.

• Bank Oktritie v Mints. Junior counsel defending US850 fraud claim by two banks controlled by the Central Bank of Russia.
• The University of Sheffield v KuDOS. Acting for the University in misrepresentation claims arising out of the variation of a licence agreement (led by Matthew Parker KC).
• Voltaire Capital Holdings Limited v Watson. Acting for a defendant in proceedings in the English commercial court concerning claims for US$100 m in fraud, contract, unlawful means conspiracy and accessorial liability.
• Invest Bank v El-Husseini & others [2022] EWHC 894 (Comm). Acted for defendants on a jurisdiction challenge in commercial court proceedings concerning claims to enforce foreign judgments, declarations concerning beneficial ownership and claims under sections 423-425 Insolvency Act 1986 (led by Daniel Warents).
• Advising (as sole counsel) a group of investors in respect of claims in knowing receipt, dishonest assistance, and unjust enrichment against recipients of funds in the context of a fraudulent investment scheme.
• Junior counsel in an LCIA arbitration involving multiple parties and allegations of breach of trust, and claims in knowing receipt, dishonest assistance and unlawful means conspiracy (led by Bajul Shah).
• Advising trustees of an offshore trust in respect of possible claims against trust assets following investigations commenced by authorities in Canada, including advising on the application of the Guardian Trust principle in light of the prospect of such claims.

Emma’s core practice area is commercial disputes, spanning a wide range of sectors. She is regularly instructed led and unled to act in a range of high value and complex commercial disputes both in litigation and in arbitration:

• ICC arbitration concerning a dispute in relation to an oil and gas field (led by Ali Malek KC) (2024 – ongoing).
• ICC arbitration concerning a contractual dispute relating to the sale of pharmaceutical products (led by Ali Malek KC) (2023 – 2024).
• Capgemini v 3DS. Acting for Capgemini in contractual dispute concerning IT software for Royal Mail (led by Rajesh Pillai KC).
• The University of Sheffield v KuDOS. Acting for the University in misrepresentation claims arising out of the variation of a licence agreement (led by Matthew Parker KC).
• Lifesearch v MPG. Acting for a life insurance broker in relation to a dispute arising out of the termination of an agency agreement (led by George McPherson).
• PPG Industries v F&G Trading. Sole counsel for the claimant in proceedings on-going in the London Circuit Commercial court concerning the termination of a lease for ISO shipping containers (2020 – 2022).

Emma’s experience of aviation disputes (acting for airlines, manufacturers and providers of aircraft maintenance and support services and aircraft charterers in cases in court and in arbitration) and banking and finance disputes and is set out above.

Emma has a particular interest in private international law and commercial disputes raising issues relating to jurisdiction having been awarded the Herbert Smith Freehills Prize for Conflict of Laws whilst reading Law at Cambridge (2016). Whilst in practice Emma has been involved in: (i) challenges to the jurisdiction of the English court in proceedings in the Commercial Court and Chancery Division; (ii) advising on the procedure for enforcing and recognising foreign judgments in this jurisdiction; and (iii) advising on the application of Rome I and Rome II regulations and the applicability of foreign law.