Editorial: Arbitration in the UAE
01 August 2008
Commercial arbitration is growing in popularity in the United Arab Emirates.
The extremely high levels of construction work, along with the growing popularity of the Dubai International Arbitration Centre, the Abu Dhabi Commercial Conciliation and Arbitration Centre and the recently established DIFC LCIA Arbitration Centre, have led to an increasing number of disputes being resolved in the UAE. Our research identified a number of experts in this field, from both international and local firms, with 15 featured in total.
Several local firms have high levels of expertise. At their head is Essam Al Tamimi, founder and senior partner of Al Tamimi & Company. A "really big name" in the local market, he is "hugely knowledgeable" and a "pleasure to deal with". Well known as an arbitrator, he has experience of the UAE Chamber of Commerce arbitration process and UAE arbitration proceedings under UNCITRAL and ICC rules. He has also been a member of panels at the UK Centre for Dispute Resolution, the World Intellectual Property Organization in Geneva and the London Court of International Arbitration, and "stands out as the leading local authority in this field". He is joined in this chapter by his colleague Philip Punwar, a particularly well regarded individual who "really knows his stuff". Repeatedly recommended to researchers, he is said to be an "authority on the local market" and impressed respondents across a range of industries.
Elsewhere, Habib Al Mulla of Habib Al Mulla & Co is similarly highly regarded, with our sources describing him a "recognised expert" with a "very strong reputation" and an "extremely elevated level of practice". Vice chairman of the board of trustees of the Dubai International Arbitration Centre, he was picked out for his expertise both in the UAE and internationally as a member of the American Arbitration Association, China International Economic and Trade Arbitration Commission and the LCIA.
Mohammed Al Suwaidi of Al Suwaidi & Company was highly praised for his "pre-eminent disputes practice", and he appears in both the litigation and arbitration chapters. A former head of the legal department at Emirates General Petroleum Corporation, he is particularly well known for his knowledge of the energy industry.
Abdullah Rashid Hilal of Hilal & Associates also appears as a "top-notch practitioner". He is a registered arbitrator with the GCC Commercial Arbitration Center and a "fountain of local knowledge".
The international firms also provide high levels of expertise in this area. Allen & Overy can call on the services of Simon Roderick, who is one of the leading individuals in the publication overall and appears in four separate chapters. Based in the UAE for over 18 years, interviewees said, "you only ever hear good things about him". He has acted on international arbitrations before ICSID, the ICC and the LCIA.
Roderick's former colleague James Kwan has now joined Simmons & Simmons. A "very fine practitioner", he is active in infrastructure, power, civil engineering and energy disputes in the UAE as well as Thailand, Korea, China, Vietnam, Japan and Singapore.
Taylor Wessing (Middle East) LLP is the other firm to gain multiple representatives, having merged with its associated Dubai law firm Key & Dixon in 2007. Two former partners from that firm are now consultants to its Dubai office. Peter Shaw is highly commended for his construction-related arbitration practice. A Fellow of the Chartered Institute of Arbitrators and vice chairman of the UAE Society of Construction Law, he is "one of the go-to guys" for arbitration disputes in this area. Jeremy Key is an arbitrator listed with the Dubai International Arbitration Centre, and well known both locally and internationally for his energy-related knowledge in particular.
Graham Lovett is managing partner of Clifford Chance LLP's Dubai office and a "class act". Recognised for his international experience, he was commended for his knowledge across the full range of alternative dispute resolution methods and mediation.
Craig Shepherd at Herbert Smith LLP is viewed as "one of the best overseas lawyers in Dubai", having moved from the firm's Hong Kong office in 2006 where he headed the construction and arbitration group in the region. A project procurement "guru", he was praised for his knowledge of infrastructure and energy projects in the Middle East and Asia.
Patrick Bourke heads the Middle East dispute resolution practice at Norton Rose LLP and is "building an impressive profile in this field", while Alec Emmerson at Clyde & Co LLP is "vastly experienced" with a "huge amount of local knowledge", having been based in the Dubai office since 1999. He recently advised investors in a US$400 million telecom sector dispute in an ICC arbitration, and also has experience of LCIA, AAA and DIAC proceedings.
Nick White is resident managing partner of Trowers & Hamlins' Dubai office, and has also spent time in Oman and Bahrain. His regional knowledge is "most impressive", and he is known for his DIAC work as well as for acting as coordinating counsel in a recent multinational arbitration concerning an agency commission claim brought by a Qatari claimant against a Japanese corporate defendant held in London under ICC rules.