- 16 November 2021
- 9 h 00 min - 11 h 00 min
The New Dubai and the Law Governing the Arbitration Agreement – W Halla’ la Wayn?
This hybrid (in person and on Zoom) event took place on 16 November and featured a discussion on the convoluted facets of the law governing the arbitration agreement, the reason for which such an often shunned law is important through a comparative review of recent court decisions by foreign supervisory courts and how does Decree no. 34 of 2021 deal with arbitration agreements.
ABOUT THE SPEAKERS
Dr Hassan Arab is Partner and Co-Head of Litigation at Al Tamimi & Company. He obtained his Ph.D. in Law from the University of Essex in UK and his doctoral thesis is titled “Critical Study of the Concept of International Arbitration in the UAE: Identifying Problems Affecting the Recognition and Enforcement of Foreign and International Arbitral Awards”. He has a Law Degree from Beirut University in Alexandria, Egypt. He also has a Master’s Degree in International Business from the University of Wollongong and Practice Diplomas in International Arbitration Law and International Commercial Law from the College of Law, UK. His practise area includes all forms of civil and commercial litigation, arbitration, ADR, recognition and enforcement of foreign judgments and arbitral awards. As an arbitrator, he has extensive experience and arbitrated several claims under leading international arbitration institutions. Hassan Arab provides expert opinions on the UAE laws before arbitral tribunals and foreign courts. Chambers Global has commented Hassan Arab as a “real winner who gives excellent advice and solutions”. Hassan Arab is also listed in the prestigious category of Arbitration Future Leaders 2017 by Who’s Who Legal.
Sara Koleilat-Aranjo is a Partner at Al Tamimi & Company and her practice focuses on arbitration and complex litigation. Sara regularly advises and represents clients in international and domestic arbitration proceedings, both ad hoc and institutional (ICC, DIAC, DIFC-LCIA, GCC Centre for Commercial Arbitration, LCIA, ICSID, UNCITRAL) as well as complex commercial litigation, particularly in cases with cross-border facets. Sara has developed an expertise in corporate and commercial law, banking and financial law, property and construction law and energy, including oil and gas. Sara also advises clients on several procedural issues such as the recognition and enforcement of foreign judgments and arbitral awards in the UAE and the revision and annulment proceedings of awards.
Michael Black QC is an international disputes lawyer specialising in international arbitration and offshore litigation both as Advocate and Arbitrator. The guides have described him as “a superb and seasoned professional” and refer to his “extensive experience in commercial litigation and arbitration disputes related to the construction, energy and funds sectors … sources consider him a “great name” in London and internationally”. In the court-room his “amazing eye for detail” and “brilliant legal mind” are said to be a “deadly combination” and “his cross-examinations are something to behold”. While his practice is truly global, Michael is well known for his Middle East practice having acted throughout his career in cases concerning the Region, ‘He appears in agenda-setting DIFC cases’. An internationally acknowledged expert in civil procedure, he was retained to draft the procedure rules for the Dubai International Financial Centre Courts (“DIFC”) and was also consulted on the drafting of the DIFC Arbitration Law. He was the first barrister to be admitted to the bar of the DIFC Courts and appeared in both the first trial (shareholders’ dispute) and the first appeal (appeal against freezing injunction). Chambers and Partners 2016 calls him a “go-to person on DIFC matters” and “singled out for his extensive knowledge of UAE law”.
Nicholas Tse chairs the International Arbitration practice of Alem & Associates, which is headquartered in Abu Dhabi, United Arab Emirates. An English barrister, he is also dual-qualified as a French Avocat and regularly appears as an advocate in arbitrations and related court proceedings. His experience as an international advocate and business diplomat has seen him represent governments, multinationals, banks, and financial institutions. He has tried cases before the WTO, the English courts, and in offshore jurisdictions such as Bermuda, the BVI, Cayman, Jersey, the Dubai International Financial Centre (DIFC) Courts, and the Dubai World Tribunal. Nicholas has acted in international arbitrations seated in London, Paris, Geneva, Dubai, Singapore, Zurich, and the US under ICC, ICSID, SIAC, LCIA, DIFC-LCIA, DIAC, AAA, LMAA, and GAFTA rules, as well as ad hoc arbitrations under UNCITRAL rules. He also has significant experience negotiating major contracts involving oil and gas projects, as well as distribution and supply in Africa, Asia, Europe, and the Middle East. He has also served as an expert witness on French law.
Hafez R Virjee is the President and a co-Founder of Delos. Hafez also serves as an independent arbitrator at Virjee Arbitration. He previously acted mainly as counsel. His clients have spanned the range of listed companies, private equity firms, tech start-ups, industrial concerns, State entities and treaty organisations, in disputes across a wide range of sectors and relationships, including shareholder agreements, joint-ventures, agency, M&A, telecommunications, tech, energy, pharmaceutical, construction and defence. Hafez is a solicitor of England & Wales and also qualified in France. He was previously at Dechert in Paris (with a secondment to Dubai in 2015) and prior to that at Freshfields Bruckhaus Deringer in London. He co-edits the Delos Guide to Arbitration Places (GAP) and regularly writes and speaks on international arbitration and legal risk management. He holds degrees from the University of Cambridge (M.A.), the Université Paris II – Panthéon-Assas (Maîtrise) and the University of California – Berkeley (LL.M.). He is listed among the Future Leaders of Arbitration by Who’s Who Legal.