Emily Wood KC
Emily has sat as an arbitrator since 2006 and regularly accepts appointment as sole, presiding and co-arbitrator under all major institutional rules with Chambers and Partners (International Arbitration 2022) describing Emily as having an “excellent reputation”.
Emily is also a leading barrister practising in Commercial Dispute Resolution, International Commercial Arbitration, Banking & Finance, Civil Fraud and Art & Cultural Property. She is recognised as such by the legal directories in each of those practice areas. She was nominated for “Banking and Finance Junior of the Year” in 2021; awarded “International Arbitration Junior of the Year” in 2017; named a “Future Leader in Arbitration” by Who’s Who Legal in successive years; and identified as one of the Hot 100 by The Lawyer in 2017, which reported “If Emily Wood isn’t at the top of everyone’s list for major litigation and arbitration cases, she should be.”
What Others Say
The legal directories report that those who have worked with her describe her as follows:
“One of the best juniors I have worked with. She is incredibly hard-working, a very clear, structured thinker and good strategically.” (2018)
“Always happy to be available at short notice, and gives calm, commercial advice, even when the temperature in a case starts to rise.” (2018)
“Emily combines superb technical ability with tremendous client-facing skills.” (2018)
“Excellent. Very bright.” (2018)
“She’s very impressive. She strikes me as having a real maturity beyond her years.” (2017)
“Very clever, sharp and knowledgeable about the law. Her written advocacy is beautiful and her oral advocacy is pretty spectacular. She’s really going from strength to strength. (2017)
“A diligent and impressive barrister” (2017)
“A first-rate junior, who is highly responsive.’ (2017)
“An outstanding junior – she is unbelievable.” (2016)
“Her written advocacy is beautiful and her oral advocacy is pretty spectacular. She’s really going from strength to strength.” (2016)
“Just incredibly eloquent and utterly had her head around an incredibly complex matter” (2016)
“… brilliant and incredibly personable” (2016); “Very clever, sharp and knowledgeable about the law;” (2016)
“Her capacity to digest and assimilate information is really incredible, and her level of engagement has been really astonishing.” (2015)
“Experienced beyond her year of call” (2015);
“Received significant market support for her international arbitration expertise. She is regularly instructed by magic circle firm on complex commercial disputes.” (2014)
“She is someone you would always want to put on your team. Her drafting is tremendous, as it is so precise and clear.” (2014)
“Continues to be recognised as one of the rising stars of the Junior Commercial Bar.” (2014)
“She is extremely bright and very committed in terms of her capacity for work. She has a tremendous grasp of jurisdictional issues and is really, really on top of the detail.” (2014)
“In Emily Wood [Essex Court] has a young junior who is making waves. ‘Positive and user friendly’ she displays a ‘huge appetite for work’ and is ‘absolutely fantastic technically.’” (2013)
“Impresses with her ‘quality drafting and analysis of complex issues’. On top of this, she demonstrates a tremendous ability to work seamlessly as part of a team.” (2012)
Examples of Recent Cases
Examples of recent matters, which are typical of Emily’s practice, include:
International Commercial Arbitration
- Instructed by Clifford Chance (as junior to Joe Smouha KC) to act for the respondent to an application under section 68 of the Arbitration Act 1996 challenging an LCIA award concerning a £480 million claim for breach of contract.
- Instructed by Slaughter and May (as junior to David Streatfeild James KC) in an ICC arbitration involving a claim against a German conglomerate in the industrial sector.
- Instructed by Hogan Lovells LLP to act for the respondent to applications under section 67 and 68 of the Arbitration Act 1996 challenging an award concerning a very substantial commodities dispute.
- Instructed by Ashurst LLP (as junior to Stewart Boyd KC) in a US$400 million arbitration under the LCIA rules involving complex questions of the correct measure of loss in contractual damages under English law.
- Instructed by Freshfields Bruckhaus Deringer LLP (as junior to Salim Moollan) to represent one of the world’s leading technology companies in an ICC Arbitration in a dispute concerning activities in South America.
- Instructed by Addleshaw Goddard LLP (as junior to Vernon Flynn KC and Paul Stanley KC) for a Diageo plc subsidiary against SABMiller plc subsidiaries in a large scale ICC arbitration. This expedited arbitration was triggered by SABMiller having obtained an interim injunction in the Commercial Court restraining the Diageo company from taking certain steps alleged to constitute breaches of an agreement concerning the distribution of beer in Tanzania. The dispute involved intricate questions of law, in particular concerning agreements in restraint of trade.
- Instructed by Addleshaw Goddard LLP (as junior to Vernon Flynn KC) in a substantial expedited ICC arbitration involving a claim for breach of contract culminating, part way through the hearing, in a $225 million settlement deal.
- Instructed by Herbert Smith LLP (as junior to Paul Stanley KC) to represent the respondent in an ad hoc arbitration concerning two limited liability partnership disputes.
- Instructed by Orrick, Herrington & Sutcliffe LLP LLP (as junior to Joe Smouha KC) for a Cayman hedge fund in its efforts to enforce an arbitration award for in excess of £50 million against an Indian entity.
Commercial and Banking Litigation
- Acting for Raiffeisen Bank (instructed by Stephenson Harwood) in the Court of Appeal in Raiffeisen Bank International AG v Asia Coal Energy Ventures & Anor  EWCA Civ 11;
- Acting for PAO Tatneft (instructed by Cleary Gottlieb Steen & Hamilton) in the Court of Appeal and at first instance in connection with Ukraine’s succession of attempts to resist enforcement of a $112 million award made under the Russia-Ukraine BIT: PAO Tatneft v Ukraine  EWHC 3161 (Sir Andrew Smith);  EWHC 3740 (Cockerill J);  EWHC 1543 (Jacobs J);  EWHC 1797 (Butcher J). These included resisting Ukraine’s challenge to enforcement on the basis that it was entitled to immunity under the State Immunity Act 1978;
- Barclays Bank PLC v UniCredit SpA Instructed by Addleshaw Goddard LLP to act (as junior to Joe Smouha KC) on behalf of Barclays in its £300 million dispute with UniCredit in the
- Certain Limited Partners in Henderson PFI Secondary Fund II LP (A Firm) v (1) Henderson PFI Secondary Fund II; (2) Henderson Equity Partners Limited; (3) Henderson Equity
Partners (GP) Ltd  QB 934 Instructed by Ashurst LLP (as junior to Iain Milligan KC) to act on behalf of 24 large institutional investors in their claims in the Commercial Court against the manager and general partner of the fund in which they invested (both entities in the Henderson Global Investors Group) for the misapplication of their funds by the acquisition of a plc.
- Mauritius Commercial Bank v Hestia Holdings  EWHC 1328 Instructed by Bird and Bird LLP as sole counsel for the Claimant in this €15 million Commercial Court dispute in which the Defendant challenged jurisdiction on the basis (inter alia) that jurisdiction agreements operating in favour of one party only are enforceable.
- Lehman Commercial Mortgage Conduit Limited v Northern Rock (Asset Management) PLC Instructed by Ashurst LLP (as junior to David Foxton KC) to act on behalf of a Northern Rock entity in its defence of claims against it by a Lehman Brothers entity arising out of the sale by Northern Rock to Lehman brothers of a large portfolio of secured loans.
- Kuwait Airways Company v Iraqi Airways Corporation Instructed by Fasken Martineau LLP to act for Kuwait Airways in its various an on-going efforts to enforce the US$1.2 billion judgment debt owed to it by Iraqi Airways, including in particular obtaining permission to serve out against the state of Iraq, as well as cross examination of the Director General of IAC as to its assets, obtaining third party debt orders and emergency freezing relief. This is the final chapter of this
long-running litigation, which was commenced in the Commercial Court some two decades ago.
- Dena (Technology) Thailand Ltd v ALSD Limited & Ors Instructed by Addleshaw Goddaard LLP to act, as sole counsel, for the Claimant in this £15 million claim in the Commercial Court for (inter alia) fraudulent misrepresentation, inducing the Claimant to enter into a joint venture.
- FKI Engineering Ltd v Stribog Ltd  2 Lloyd’s Rep 387,  EWCA Civ 622,  1 CLC 1005. Instructed (as junior to Mark Templeman KC) on behalf of the Respondent in this appeal in front of Mummery, Rix and Wilson LJJ concerning the proper interpretation of Article 28 (related actions pending the in the courts of different member states) of the Judgments Regulation (Council Regulation 44/2001).
- Instructed (as junior to Richard Millett QC) by Weil Gotshal & Manges LLP to advise in connection with guarantees in respect of the Canary Wharf property occupied by Lehman
Brothers entities prior to the collapse of the group.
- Yukos CIS Investment Limited v Yukos Hydrocarbons Investments Limited & Ors (Eastern Caribbean Court of Appeal and Commercial Court of the British Virgin Islands) Acted (led by Steven Berry KC) for the respondents in successfully resisting applications by Yukos CIS including to appoint a receiver over the respondent companies and for freezing injunctions against them. This litigation formed part of the on-going, multi-jurisdictional battle by which OJSC Rosneft attempts to gain (ultimate) control over the subsidiaries of OAO Yukos Oil Company which it contends it has purchased. The former management of Yukos Oil resists
those attempts, contending that the purchase is an unlawful appropriation.
- Deutsche Bank AG and Ors v Asia Pacific Broadband Wireless Communications Inc (as junior to Christopher Butcher QC and Jawdat Khurshid): instructed on behalf of Asia Pacific Telecom in a Commercial Court claim (trial set for ten weeks) worth over US$200 million raising intricate questions of authority, restitution and the conflict of laws.
- FKI Engineering Ltd v Stribog Ltd  2 Lloyd’s Rep. Plus 86,  EWHC 1160,  1 CLC 752. Acting (as junior to Mark Templeman KC) on behalf of FKI resisting Stribog’s
application for a stay of proceedings under Article 28 of the Judgments Regulation on the basis that related proceedings had been brought between the same parties in Germany.
Instructed (as junior to Iain Milligan KC) to advise in connection with matters arising out of the collapse of the Lehman Brothers group.
- White v (1) HSBC Private Bank UK Ltd; (2) HSBC Bank PLC Instructed as sole counsel for the claimant investor in a £1 million Commercial Court claim against two HSBC entities for breach of the FSA rules in connection with the sale of structured products.
- Fruition PO Ltd v Gaskains Ltd Instructed as sole counsel for a major fruit producers’ organisation in connection with an agency agreement dispute in a trial set down for seven days
in the Chancery Division (which settled part heard).
- Datasat Communications Ltd v Swindon Town Football Company Ltd  EWHC 589 (Comm) (led by Huw Davies KC): instructed by Davis & Co on behalf of the Claimants in their action in the Commercial Court for recovery of payments made in anticipation of an investment agreement which failed to materialise.
- Satyam Computer Services Ltd v Upaid Systems Ltd  EWCA Civ 487,  2 All ER (Comm) 465 (as junior to David Foxton QC): instructed by Freshfields Bruckhaus Deringer LLP to act on behalf of the respondent in the Court of Appeal in an action concerning the proper constructions of three commercial agreements and in particular whether the parties to a settlement agreement were to be taken to have excluded fraud claims.
- Bookmakers’ Afternoon Greyhound Services Limited v Amalgamated Racing Limited  EWHC 1978 (Ch) (with Nicholas Green KC and Mark Hoskins): instructed by SJ Berwin to appear in this eight week trial concerning the validity of media rights agreements in the horseracing sector.
Ithmar Capital Ltd v 8 Investment Inc CA 1/2008: instructed for the appellant on an appeal from a freezing injunction; the first proceedings to come before the Court of Appeal of the Judicial Authority of the Dubai International Financial Centre.
- Acted (as junior to Stewart Boyd KC) in a large scale arbitration under the LCIA rules concerning media rights.
- Bookmakers’ Afternoon Greyhound Services Limited v Amalgamated Racing Limited  EWHC 1978 (Ch) (as junior to Nicholas Green KC and Mark Hoskins): instructed by SJ Berwin to appear in this eight week trial concerning the validity of media rights agreements in the horseracing sector.
- Instructed to act for one of the largest entities in the world creating and producing entertainment brands in a dispute concerning a professional sports body.
- Six months’ secondment to the enforcement division of the FSA (2007). Acted as case-lawyer in actions against both firms and individuals, involving market abuse, insider dealing,
misleading statements and practices and regulatory infringements.
- Advised in respect of numerous claims arising out of the FCA’s interest rate hedging products review.
- White v (1) HSBC Private Bank UK Ltd; (2) HSBC Bank PLC Instructed by Quinn Emanuel Urquhart & Sullivan LLP as sole counsel for the claimant investor in structured products in a
- £1 million Commercial Court claim against two HSBC entities under section 150 FSMA, for breach of COB 2.1.3, 5.3.5 and 5.4.3.
- Advised (as junior to Iain Milligan QC) on potential claim against big five accountancy firm in respect of breach of SUP 3.10.4.
- Represented the FSA in its successful action against a mutual society for failure to comply with its statutory obligations and also in its successful application for the costs of intervening in
Financial Services Compensation Scheme Limited v Abbey National Treasury Services Plc  EWHC 1897 (Ch).
- Advised an authorised individual against whom the Dubai Financial Services Authority sought a prohibition order.
- Certain Limited Partners in Henderson PFI Secondary Fund II LP (A Firm) v (1) Henderson PFI Secondary Fund II; (2) Henderson Equity Partners Limited; (3) Henderson Equity Partners (GP) Ltd  QB 934 Instructed (as junior to Iain Milligan KC) by Ashurst LLP in what is set to the leading case on numerous aspects of the law on limited partnerships including the circumstances in which limited partners lose their limited liability status under the Limited Partnership Act 1907 and the pursuit of claims vesting in the partnership by way of derivative action.
- Instructed (as junior to Paul Stanley KC) by Herbert Smith LLP in an arbitration concerned with various claims arising out of two partnership agreements.
2006: Called to the Bar (Middle Temple)
2005: College supervisor in Company Law, Peterhouse, Cambridge University
2005: Tutor and examined in Contract Law, King’s College, University of London
2005: BCL, Brasenose College, University of Oxford
2003: BA (First Class Hons.) (Law), Downing College, University of Cambridge (ranked eighth in year)
2006: BVC (Very Competent), BPP Law School
2004: LPC (Distinction), Nottingham Law School
2007: Phoenicia Scholarship (Bar European Group)
2005: Astbury Scholarship (Middle Temple)
2005: Harmsworth Entrance Exhibition (Middle Temple)
2004: The Arts and Humanities Research Board scholarship for postgraduate study
2003: Highest first in the year in European Union Law (Cambridge University)
2003: Senior Jarvis Scholar (Downing College, Cambridge University)