Catherine Jung

Professional practice

Catherine Jung is an experienced senior junior barrister with a practice covering a wide range of international commercial disputes in both litigation and arbitration. She is ranked as a leading junior for commercial litigation in Legal 500, where she is described amongst other things as “analytical”, “takes initiative” and with drafting “of the highest quality – persuasive and well researched”. She was also previously named by Legal Week as one of its ‘Stars of the Bar’, being described as “unfailingly responsive”, with a “fantastic ability to grasp complex detail and simplify it quickly and effectively”.

Catherine has particular expertise in disputes concerning civil fraud; issues of jurisdiction, choice of law and state immunity; international arbitration; arbitration-related court applications (including enforcement of and challenges to arbitration awards); energy and minerals; and banking and financial services.

She is regularly instructed in a senior junior role on large-scale, long-running and high-profile disputes, many of which have been ranked in the The Lawyer’s annual ‘Top 20 cases’ series. Most recently, she has acted for the Ukrainian state-owned PrivatBank in the 13-week trial of the bank’s US$1.9bn civil fraud claim against its former shareholders. In recent years, she has also appeared in the Avonwick Holdings Ltd v Azitio Holdings Ltd proceedings (8-week trial acting for the Ukrainian businessman Sergiy Taruta in relation to a US$1bn+ claim) and in the Dynasty Co for Oil and Gas Trading Ltd v Kurdistan Regional Government of Iraq proceedings (successfully striking out a US$1.6bn claim against a former minister of the Kurdistan Regional Government on state immunity and forum non conveniens grounds). Catherine has extensive experience of working with expert witnesses and handling expert evidence, in particular in relation to issues of foreign law.

Catherine also has a busy arbitration practice. This includes, most recently, acting for a Singaporean shipbuilder in a 4-week merits hearing concerning a contract for the construction of a semi-submersible rig, and acting for a consortium of lenders in ICC arbitral proceedings brought under US$2bn facility agreements. Catherine has particular experience in arbitration-related court applications; she has recently appeared in claims concerning the interpretation of unilateral options to arbitrate (Aiteo Eastern E&P Co Ltd v Shell Western Supply and Trading Ltd) and the enforcement and execution of an arbitration award against a state (GPGC Ltd v Republic of Ghana).

Examples of recent cases

Cases in which Catherine has acted in the law few years include:

JSC Commercial Bank PrivatBank v Kolomoisky: acting (led by Robert Anderson KC and Andrew Hunter KC) for the claimant Ukrainian state-owned bank in a US$1.9bn civil fraud claim, governed by Ukrainian law, brought by the bank against its former shareholders, Igor Kolomoisky and Gennadiy Bogolyubov. One of The Lawyer’s ‘Top 20’ cases, which received extensive coverage in both the legal and mainstream press, the 13-week trial took place between June and November 2023.

Aiteo Eastern E&P Co Ltd v Shell Western Supply and Trading Ltd: acted (led by Ben Juratowitch KC) for the defendant (a Shell-owned entity) in a jurisdiction challenge to an arbitration award brought under section 67 of the Arbitration Act 1996 by the Nigerian energy company Aiteo. Aiteo’s challenge was dismissed by Foxton J in a judgment reported at [2023] 2 All ER (Comm) 394.

Port de Djibouti SA v DP World Djibouti FZCO: acted (led by Graham Dunning KC) for the defendant (part of the Dubai-based DP World group) in a jurisdiction challenge to an arbitration award brought under section 67 of the Arbitration Act 1996 by PDSA, an entity majority-owned by the Djiboutian state. PDSA’s challenge was dismissed by Henshaw J in a judgment reported at [2023] EWHC 1189 (Comm).

GPGC Ltd v Republic of Ghana: acted (led by James Willan KC) for the claimant (a Trafigura entity) in enforcing in the English Commercial Court an arbitration award obtained against the Republic of Ghana, firstly by application under section 66 of the Arbitration Act 1996 and then by applications for charging orders and the appointment of a receiver. Master Davison dismissed the Republic of Ghana’s challenge based on section 12 of the State Immunity Act 1978: reported at [2023] EWHC 2531 (Comm).

Navigator Equities Ltd v Deripaska: acted (led by Nathan Pillow KC) for the respondent in an appeal which has become one of the leading cases on the general principles governing applications to commit for contempt of court, reported at [2022] 1 WLR 3656.

Dargamo Holdings Ltd v Avonwick Holdings Ltd: acted (led by Jonathan Crow KC) for the appellants (the Ukrainian businessman Sergiy Taruta and his corporate vehicle) in an appeal which has become one of the leading decisions on the interaction of the English laws of unjust enrichment and contract: reported at [2022] 1 All ER (Comm) 1244.

Dynasty Co for Oil and Gas Trading Ltd v Kurdistan Regional Government of Iraq: acted (led by Graham Dunning KC) for the former Minister of Natural Resources for the Kurdistan Regional Government of Iraq in relation to a US$1.6bn claim brought against him in relation to the failed purchase of an interest in oil and gas blocks in Iraq. One of The Lawyer’s ‘Top 20’ cases, Butcher J struck out the claim against the minister on state immunity and foreign non conveniens grounds: reported at [2022] QB 246.

Avonwick Holdings Ltd v Azitio Holdings Ltd: acted (led by David Foxton KC) for the Ukrainian businessman Sergiy Taruta and his corporate vehicle in a US$1bn+ dispute concerning inter alia Ukrainian metallurgical assets. One of The Lawyer’s ‘Top 20’ cases, the 8-week trial took place in late 2019; judgment was handed down by Picken J at [2020] EWHC 1844 (Comm).

Lungowe v Vedanta Resources Plc: acted (led by Ciaran Keller) for Konkola Copper Mines Plc in relation to group litigation brought by Zambian individuals claiming personal injury and environmental damage said to have resulted from pollution and activities at a neighbouring copper mine, reported at [2020] EWHC 749 (TCC).

Euro-Asian Oil SA v Abilo (UK) Ltd: acted (led by Jeffrey Gruder KC) for Credit Suisse in proceedings brought against it by an oil trading company under a letter of indemnity, reported at [2017] 1 Lloyd’s Rep 287.

National Bank Trust v Yurov: acted (led by Nathan Pillow KC) for a Russian bank in successfully resisting an application to discharge a freezing order in a claim for more than US$830m brought by the bank against its former shareholders, reported at [2016] EWHC 1913 (Comm).

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation: acted (led by Jonathan Nash KC) in long-running proceedings for the Nigerian state-owned petroleum corporation in resisting enforcement of a Nigerian arbitration award worth over US$400m on the basis inter alia that the award was alleged to have been procured by fraud. The proceedings settled shortly before an 8-week trial of the fraud allegations was due to commence.

What Others Say

Catherine is ranked as a leading junior in Legal 500 UK Bar 2024 for commercial litigation, where she is described as “responsive”, “analytical”, “easy to work with” and “takes initiative”. It is also said that her “written advocacy is of the highest quality – persuasive and well researched”.

Catherine was previously named by Legal Week as one of its ‘Stars of the Bar’ under 10 years’ calls, being described as “very sharp, an excellent draftswoman” and “unfailingly responsive, and both sensible and practical in her advice”, with “an excellent sense of judgment”. She was further described as having a “fantastic ability to grasp complex detail and simplify it quickly and effectively”, whilst being “very good fun to work with, with an excellent and necessary sense of humour in a tight spot”.

Arbitration & related court applications

Catherine is regularly instructed both in arbitral proceedings and in arbitration-related court applications. She has familiarity with the LCIA, ICC and UNCITRAL rules.

Examples of Catherine’s recent work include:

Arbitrations

Acting (led by Duncan Matthews KC) for a Singaporean shipbuilder in an ad hoc arbitration involving allegations of breach of contract against the purchaser of a semi-submersible rig.

Acting (led by Ben Juratowitch KC) for a consortium of lenders in two consolidated ICC arbitrations brought under US$2bn facility agreements.

Acting (led by Nathan Pillow KC and James Willan KC) for a pharmaceutical company in an ICC arbitration concerning a licence agreement for the development and commercialisation of an oncology drug.

Acting (led by James Potts KC) in an LCIA-DIFC arbitration concerning a shareholder dispute in the tech industry.

Acting (led by Graham Dunning KC) for the Kurdistan Regional Government of Iraq in an LCIA arbitration against a UAE consortium, described in Global Arbitration Review as “one of the highest-value gas disputes in the Middle East, with claims valued at over US$39 billion”.

Acting (led by Graham Dunning KC) in an LCIA arbitration brought by the minority shareholder in a BVI company seeking relief for unfair prejudice.

Acting (led by Paul Stanley KC) for a major pharmaceutical company in a series of related arbitrations against insurers concerning recovery under bespoke US patent liability policies.

Acting (led by Joe Smouha KC) for the government of a Caribbean state in an ICC arbitration against a shipbuilder.

Acting (led by David Joseph KC) in an LCIA arbitration between participants to a joint venture for the construction and operation of a petrochemical plant in the Caribbean.

Acting (as sole counsel) in ad hoc arbitral proceedings concerning a software licensing agreement.

Court-related applications

Pearl Petroleum Company Limited v The Kurdistan Regional Government of Iraq: acted (led by Graham Dunning KC) in proceedings related to the enforcement of a peremptory order made by an LCIA arbitral tribunal against the Kurdistan Regional Government.

New Age Alzarooni 2 Ltd v Range Energy Natural Resources Inc: acted (led by Graham Dunning KC) for the defendant in successfully resisting a challenge to an arbitration award under section 68 of the Arbitration Act 1996, reported at [2015] EWHC 4358 (Comm).

Bannai v Erez: acted (led by Paul Key KC) in an application to obtain an anti-suit injunction against a trustee in bankruptcy in Israeli insolvency proceedings in support of an arbitration agreement between the claimant and the insolvent debtor.

Civil fraud & asset recovery

Examples of Catherine’s recent work include:

National Bank Trust v Yurov: acted (led by Nathan Pillow KC) for a Russian bank in successfully resisting an application to discharge a freezing order in a claim for more than US$830 million brought by the bank against its former shareholders, reported at [2016] EWHC 1913 (Comm).

Antonio Gramsci Shipping Corporation v Recoletos Limited: acted (led by Richard Millett KC) for the First to Fifth Defendants in long-running proceedings concerning fraud in the Latvian shipping industry. Obtained worldwide freezing orders against four additional defendants, and an interim receivership order against one additional defendant.

Commercial dispute resolution

Catherine is recognised as a leading junior in this field by Legal 500. Examples of her recent work include:

Dargamo Holdings Ltd v Avonwick Holdings Ltd: acted (led by Jonathan Crow KC) for the appellants (the Ukrainian businessman Sergiy Taruta and his company) in an appeal which has become one of the leading decisions on the interaction of the English laws of unjust enrichment and contract: reported at [2022] 1 All ER (Comm) 1244.

National Bank Trust v Yurov: acted (led by Nathan Pillow KC) for a Russian bank in successfully resisting an application to discharge a freezing order in a claim for more than US$830 million brought by the bank against its former shareholders, reported at [2016] EWHC 1913 (Comm).

Robert Tchenguiz v Serious Fraud Office: acted (led by Joe Smouha KC) for the businessman Robert Tchenguiz in his high-profile damages claim against the Director of the Serious Fraud Office (proceedings settled).

BP Oil International Limited v Bankers Petroleum Albania Limited: acted (led by Richard Jacobs KC) for BP in a crude oil sale dispute (proceedings settled).

Conflict of laws & private international law

Many of Catherine’s cases give rise to conflict of laws issues, including issues of state immunity and application of foreign law.

Examples of Catherine’s recent cases involving jurisdiction and state immunity issues include:

GPGC Ltd v Republic of Ghana: acted (led by James Willan KC) for the claimant (a Trafigura entity) in enforcing in the English Commercial Court an arbitration award obtained against the Republic of Ghana, firstly by application under section 66 of the Arbitration Act 1996 and then by applications for charging orders and the appointment of a receiver. Master Davison dismissed the Republic of Ghana’s application to set aside service against it based on section 12 of the State Immunity Act 1978: reported at [2023] EWHC 2531 (Comm).

Examples of Catherine’s recent cases involving choice of law issues and/or the application of foreign law include:

JSC Commercial Bank PrivatBank v Kolomoisky: Ukrainian and Cypriot law.
Avonwick Holdings Ltd v Azitio Holdings Ltd: Ukrainian law.
National Bank Trust v Yurov: Russian law.
ICC arbitration between a consortium of Nigerian lenders and a borrower under a US$1.488bn facility agreement: Nigerian law.
IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation: Nigerian law.
Port de Djibouti SA v DP World Djibouti FZCO: dispute over pleading and proof of foreign (Djiboutian) law.

Energy & natural resources

Examples of Catherine’s recent cases include:

GPGC Ltd v Republic of Ghana: acted (led by James Willan KC) for the claimant (a Trafigura entity) in enforcing in the English Commercial Court an arbitration award obtained against the Republic of Ghana in relation to an agreement for the installation and operation of two power plants, firstly by application under section 66 of the Arbitration Act 1996 and then by applications for charging orders and the appointment of a receiver. Master Davison dismissed the Republic of Ghana’s challenge based on section 12 of the State Immunity Act 1978: reported at [2023] EWHC 2531 (Comm).

BP Oil International Limited v Bankers Petroleum Albania Limited: acted (led by Richard Jacobs KC) for BP in a crude oil sale dispute (proceedings settled).

Acting (led by Graham Dunning KC) in an LCIA arbitration brought by the minority shareholder in a BVI company, the joint venture vehicle for mining interests in a CIS state, seeking relief for unfair prejudice.

Acting (led by David Joseph KC) in an LCIA arbitration between participants to a joint venture for the construction and operation of a petrochemical plant in the Caribbean.

Career

October 2011: Became a tenant at Essex Court Chambers following successful completion of pupillage
2010-2011: Undertook pupillage at Essex Court Chambers
2010: Called to the Bar (Gray’s Inn)
2009-2010: BVC (Outstanding), BPP Law School
2008: Stagiaire, Cabinet of the Advocate General for the United Kingdom, European Court of Justice

Education

2008-2009 BCL (Distinction), Magdalen College, University of Oxford (ranked third in year)
2005-2008 BA (Double First Class Hons) (Law), Pembroke College, University of Cambridge (ranked first in year 2006 – 2007, and second in year 2005 – 2006 and 2007 – 2008)

Awards

2009: Bedingfield Scholarship, Gray’s Inn
2009: John Morris Prize for the top mark in the BCL Conflict of Laws examination, University of Oxford
2008: Pirie-Reid Scholarship, University of Oxford
2006-2008: Placed first in year in Tort Law, Contract Law, International Law, Conflict of Laws, Aspects of Obligations and Family Law examinations, University of Cambridge
2006-2008: Rebecca Flowers Squire Fund Scholarship, University of Cambridge
2006-2008: Zeigler Prize for Law, Pembroke College
2006 and 2008: Peter de Somogyi Memorial Prize for outstanding performance in an Arts subject, Pembroke College
2007: Clifford Chance David Gottlieb Law Prize for the best results in Law Tripos Part 1B, University of Cambridge
2007: Blackburne Daniell Prize for best second year undergraduate performance, Pembroke College
2007: Foundation Scholar, Pembroke College
2006: College Scholar, Pembroke College

Barrister at Essex Court Chambers

Professional practice