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Ben Jolley

Head of Construction Disputes, Japan
Partner Head of Practice
Tokyo

Ben is a skilled international arbitration practitioner with a focus on construction, infrastructure and energy disputes. 

Currently Head of Construction Disputes, Japan, he has deep experience in the Japanese legal market, having worked almost exclusively with Japanese clients over the past 12 years.

Ben has experience of disputes involving jurisdictions across Asia, Europe, Africa and North America, conducting arbitrations under various institutional rules (ICC, LCIA, SIAC, JCAA and ICSID) and before ad-hoc tribunals (UNCITRAL Rules), with seats in Asia, Europe and North America. 
He has advised on many high-value matters, including cross-border commercial contract disputes, investment treaty claims and sanctions. He has particular experience in the construction, infrastructure, energy, technology, pharmaceutical and manufacturing sectors. 

Ben is currently applying to be registered as a Gaikokuho Jimu Bengoshi in Japan. 

Background

Ben graduated from the University of Warwick with a bachelor's degree in law before qualifying into the Global Arbitration team in then Herbert Smith's London office in 2010. He relocated to the firm's Tokyo office in May 2012, joining Mitsubishi Heavy Industries in January 2021.

Experience & expertise

Selected matters

  • a Japanese construction company on an ICC arbitration concerning claims exceeding US$ 1 billion arising out of the settlement of a long-running dispute concerning the construction of a chemical plant in North Africa (seat in Geneva)
  • a Japanese construction company on disputes arising out of a delayed power project in Southeast Asia concerning claims under an EPC Contract for extensions of time, prolongation, disruption and liquidated damages valued at more than US$ 250 million and related claims under a Consortium Agreement (Singapore seat)
  • a Japanese company on an ICC arbitration and successful settlement of a US$ 200 million dispute concerning delays to the commercial development of an aerospace project (New York law, New York seat)
  • a Japanese construction company on the successful settlement of claims under an EPC Contract for extensions of time, prolongation, disruption and liquidated damages valued at US$ 250 million arising out of the construction of a chemical plant in Central America (English law, London seat)
  • a Japanese construction company as lead counsel on a US$ 150 million US litigation, defending claims arising on a supercritical coal-fired power plant project in the United States relating to the design and operation of a boiler control system
  • an Asian private equity firm on an ICC arbitration arising out of the sale and purchase of an insurance company with claims in the region of US$ 1 billion (English law, Hong Kong seat)
  • a Japanese pharmaceutical company engaged in ICC proceedings concerning the termination of a co-promotion agreement and related claims for damages valued in excess of US$ 1 billion (Japanese law, Singapore seat)
  • a Japanese IT company on its successful settlement of a long-running ICC arbitration, in connection with a US$ 150 million contract for the construction of a transcontinental submarine telecommunications cable system (Swiss law, Geneva seat)