Josh represents clients in high-stakes international disputes. He has extensive experience in treaty and commercial arbitration proceedings around the world. He has represented foreign sovereigns and international investors across a broad range of industries, including energy, natural resources, technology, and financial services. He also advises companies on national security law, negotiation of arbitration clauses, and protection of investments against adverse government actions. Prior to joining Wiley, Josh served as the Senior Adviser in the Office of the Legal Adviser at the U.S. Department of State.
- Represented a major oil company in a decade-long arbitration arising out of expropriation, resulting in the second-largest ICSID award to date – over $8 billion in damages.
- Defended a Middle Eastern government in UNCITRAL arbitration against treaty claims by foreign state-owned banks involving financial regulations and international sanctions.
- Represented a mining company in UNCITRAL arbitration arising from a termination of concession rights in Europe.
- Represented a major oil company in ICC arbitration leading to a $2 billion award of damages for contractual breaches by a state-owned company.
- Represented a major European financial institution seeking damages for treaty violations in ICSID arbitration arising out of government measures during a financial crisis.
- Represented a major oil company in parallel ICC and ICSID arbitrations leading to awards of over $1 billion in damages arising out of government expropriation.
- Represented an international maritime services company in ICSID arbitration leading to a substantial damages award for expropriation.
- Advised the United States on submissions related to the New York Convention, the Foreign Sovereign Immunities Act, and other international legal issues before federal courts and the U.S. Supreme Court.
- Defended a gaming company in intellectual property litigation before the U.S. International Trade Commission to prevent a bar against the importation of a popular video game system.
- Represented federal prisoners pro bono in a class action constitutional challenge to the medical conditions at a private prison operated under contract with the Federal Bureau of Prisons.
- Represented an Iranian national pro bono in his successful appeal for deferral of removal under the Convention Against Torture before the Third Circuit.
- Adjunct Professor, University of Virginia School of Law (2014-Present)
- U.S. Department of State, Office of the Legal Adviser
- Senior Adviser (2019-2021): Represented the United States in international disputes, including before the International Court of Justice; managed responses to historic congressional inquiries; advised senior officials on treaty negotiations and international law.
- Attorney-Adviser (2013-2015): Administered claims of U.S. nationals arising out of foreign investments; Superior Honor Award for negotiation of a landmark Holocaust compensation agreement.
- Private Law Practice (2007-2013; 2015-2018)
J.D., University of Virginia School of Law; Dean’s Scholar
B.A., University of North Carolina at Chapel Hill; Honors and Highest Distinction
Editorial Board, Virginia Law Review
Bar and Court Memberships
- District of Columbia Bar
- New York Bar
Related News & Insights
- Press ReleaseJoshua Simmons, Former State Department Senior Adviser, Joins Wiley’s Global Disputes and Litigation TeamsMay 11, 2021
- EventInternational Arbitration: Testing International Law in Cases Against Russia and VenezuelaThe Federalist SocietyJuly 28, 2020
- ArticleThe Misdiagnosed Investment Court: The Wrong Remedy For The Right ProblemEuropean International Arbitration ReviewJoshua B. SimmonsMay 2017
- EventIs the Arbitration Model for Investment Dispute Resolution Dying?JURIS Tenth Annual Investment Treaty Arbitration ConferenceMay 12, 2016