Justin D’Agostino is a disputes partner specialising in international commercial arbitration and public international law. He is admitted as a solicitor in Hong Kong and as a solicitor advocate in England & Wales. Responsible for the Greater China arbitration practice, Justin spends his time between Hong Kong, Beijing and Shanghai. He has also practised with Herbert Smith from Singapore, Bangkok and London.
Justin has acted as counsel and advocate before arbitral tribunals in a number of jurisdictions and has experience in arbitrations under the auspices of institutional rules, such as CIETAC, ICC, SIAC, LCIA and ICSID, and ad hoc under the UNCITRAL Rules, as well as under the HKIAC Administered Arbitration Rules. Justin also sits as an arbitrator.
As a member of Herbert Smith’s specialist international law team, Justin also advises state authorities and companies on a range of public and private international law, insurance and regulatory issues. As such, he advises on international law relating to treaties and to the protection of foreign investments, on related insurance claims, on the applicability of international sanctions laws and on proceedings under MLATs (Mutual Legal Assistance Treaties).
Articles
- "Arbitration in India: what you need to know" PLC Magazine (with Chris Parker) - March 2009
- "Energy Charter Treaty: a step towards consistency in International Investment Arbitration?" Journal of Energy & Natural Resources Law Vol. 25 No. 3 p.225 (with Oliver Jones) - August 2007
Credentials
- an international organisation in a CIETAC arbitration brought by Chinese parties
- an ICC arbitration in Singapore for a FTSE-100 tour operator
- a major ICC arbitration in Vienna for a large IT company
- the Tata Group in LCIA arbitral proceedings in London (and Delhi) concerning an Indian telecommunications joint venture
- an international investment bank on the implementation in the UK and EU of United Nations sanctions against Iran
- a multinational telecoms operator in respect of potential ICSID and ICC proceedings against a developing state pursuant to a bilateral investment treaty and contractual documents
- Telekom Malaysia Berhad at hearings at the Permanent Court of Arbitration, The Hague, in UNCITRAL arbitration proceedings brought pursuant to a bilateral investment treaty between Malaysia and Ghana. The settlement of these proceedings involved an expert determination procedure
- the United States Securities and Exchange Commission in confiscation proceedings in the Isle of Man brought by HM Attorney General for the Isle of Man at the request of the United States Department of Justice
- HM The Queen in injunction proceedings brought in London against an English tabloid newspaper and its employee
- Bridgestone Corporation in respect of its Formula One and other motorsports operations internationally
Arbitration (International)
Asia
Herbert Smith - Tier One
Chambers Asia, 2010
"... highly rated"
International Arbitration
Legal 500, 2009
"Justin D'Agostino is
recommended"
Public International Law
Legal 500, 2009