Joseph Dalby

Joseph Dalby’s practice covers commercial, public/regulatory and European law. His particular specialist areas include procurement, IT, construction, and pensions.

His primary practice address is the Law Library in Dublin where he regularly appears and advises on chancery/commercial and administrative law matters before the High Court, in addition to general civil law disputes.

Through 4-5 Gray’s Inn Square Chambers he pursues a specialist practice covering all aspects of commercial regulation that affects competition, markets, ability to trade, the commercialisation of goods and services.

He is regularly in Chambers to attend to his English practice.

His first ten years of practice were exclusively at the English Bar, and included four years in Brussels advising on all aspects of European law and regulation. In addition he holds a Masters Degree in European from the Institut d'Etudes Européennes at the ULB. He moved to Ireland to act as legal adviser to a number of international regulatory projects in various fields including IT, telecom, procurement/PPP, and pensions. Some of these involved substantial periods advising governments in the Balkans and the Middle East.

Commercial
In the commercial field, Joseph has handled numerous sizeable contractual transactions and corporate start-ups, mergers or acquisitions involving drafting of contract suites, negotiation and business advice. This area extends to advising on distribution and reseller networks, terms of trade, intellectual property matters and other areas relevant to the commercialisation of goods and services. As Counsel he advises on commercial and contractual disputes.

Procurement and PPP/PFE Concessions
Joseph advises suppliers (tenderers) and buyers (contracting authorities) on the application of international, European and domestic procurement law and guidance relying upon a knowledge base that has been built up over nearly fifteen years.

For the benefit of buyers, Joseph recognises the need to balance the commercial, economic and regulatory demands in offering pragmatic advice on functional requirements, choice of procedure, selection and award criteria as they impact on the roll-out of projects, the selection and rejection of candidates and the conclusion of contracts. Joseph can assist at any stage of the procedure including planning, audit, review and challenge. This expertise extends into PPP/PFI concessions involving planning and heavier commercial dimensions.

For the benefit of suppliers, Joseph combines his procurement and competition law knowledge in advancing the complaints of rejected and aggrieved tenderers in the handling of procurement procedures.

Pensions
Joseph advises mainly on the regulatory aspects of the pensions market, pension provision and pension law compliance. These areas impact on the start up and approval of pensions, formulation and organisation of the scheme and its bodies, and compliance with the supervisory regime. At the back end he advises on incidences of non-compliance, maladministration and the rights of members and sponsoring employers.

IT
Joseph advises on the commercial and intellectual property aspects of IT agreements and business practices. He is a member of the WIPO Domain Name Panel, through which he handles administrative decisions on domain name disputes.

Construction
Joseph trained at Keating Chambers, undertook a stage with the Construction Policy Unit of the European Commission, and authored EU Law for the Construction Industry (Blackwells, 1998), in addition to being involved in construction disputes routinely throughout his career. Combined with his procurement knowledge, he practices in the area of PPP and PFI, concessions, etc.

AFFILIATIONS
Association of Pension Lawyers in Ireland
European Circuit of England & Wales
Iris Society of European Law.
Society of Construction Law
WIPO Arbitration and Mediation (Domain Names Panel)

OTHER BARS
Ireland (1993)

EDUCATION
LL.B.(Hons) London South Bank University
Lic.sp.dr.eur. Université Libre de Bruxelles

Practice areas

t 020 7404 5252
clerks@4-5.co.uk

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