A market leading set for commercial litigation in the Middle East, 3 Verulam Buildings’ members regularly appear in high value banking claims in the DIFC Courts, as well as complex commercial arbitration as both counsel and arbitrators. Tom Montagu-Smith KC led Matthew Watson in Emirates NBD Bank v Advanced Facilities Management, successfully convincing the DIFC Court of Appeal to dismiss a claim against a judgement for a $540 million loan facility under both conventional and Islamic lending. Nicholas Craig KC was also successful in September 2023 before the DIFC Court of First Instance in Union Insurance PJSC v International Precious Metals Refiners, with the issues around jurisdiction of the court being developed from previous decisions in Horizon Energy v Al Buhaira and AIG v Qatar Insurance. Saima Hanif KC continues to offer extensive expertise in matters concerning regulatory investigations by the likes of the DFSA.
Commercial in Middle East: The English Bar
3 Verulam Buildings
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4 Stone Buildings
Internationally renowned for financial matters and commercial disputes, 4 Stone Buildings is ‘a great set with barristers having expertise in a wide range of subject matters and regularly collaborating with the DIFC courts.’ Chambers is equally at the forefront of matters before the AGDM courts, with Andrew Rose representing the defendant in NMC v Dubai Islamic Bank; the three-week trial in May 2023 saw the court reject the creditor’s claim on the grounds of UAE, ADGM and English law principles on the construction and ratification of contracts. Richard Hill KC is representing the defendant in Gate Mena DMCC v Tarabak Capital Investments, with an appeal pending in the DIFC Court of Appeal regarding breach of contract and duty in relation to cryptocurrency transactions. In Emirates NBD v Advanced Facilities Management, Edward Crossley acted for the appellants in a case concerning a $500m syndicated loan agreement, dismissed by the Court of Appeal on 1st of May 2023.
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‘The clerks, guided by David Goddard, who is one of the best clerks, are extremely helpful and always willing to assist.’
‘The clerks are excellent and will find a way to make things work. David Goddard and Ben Lashmar are standouts!’
‘Ben Lashmer and Ryan Tunkel are responsive and are always available to assist and accommodate.’
Outer Temple Chambers
‘A heavyweight commercial chambers with a deep bench of excellent counsel’, Outer Temple Chambers’ Dubai office serves as a hub for the set’s expertise in the region’s civil, common and Sharia legal systems; particularly in relation to commercial, employment and arbitration-related matters. Andrew Spink KC led Justina Stewart in Huobi and another v Tabarak Investment Capital, representing the appellant in a significant case for cryptocurrency transactions in the region after the appeal was granted in February 2023. Stephen Doherty has been involved in a landmark and novel ADGM judgement when representing the defendant in Mingguo v Sadeghnia, providing a significant decision on governing law and jurisdiction clauses.
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‘Sam Carter is my go-to clerk. He is always available and always tries to accommodate the most urgent requests.’
‘Sam Carter is a very business savy clerk and always delivers. I really like they way he structured the chambers.’
‘Clerk’s room are very responsive. I work with Sam Carter, who is always willing to speak about an instruction.’
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Quadrant Chambers
‘A strong international commercial set with top class silks and juniors‘, Quadrant Chambers are considered a ‘go-to set’ in the Middle East for ‘all trading, shipping, trading finance and sanctions matters.’ Chirag Karia KC continues to command a strong reputation for commercial, shipping and commodities cases, while Robert-Jan Temmink KC regularly appears before DIFC and ADGM Courts; as well as being a DIAC registered arbitrator. Paul Toms is highly active in the DIFC Courts and represents the claimant in Westford Trade Services DMCC v Dubai Insurance Co., a credit insurance claim following the demise of Phoenix Global DMCC.
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‘Clerks are very helpful.’
‘Outstanding in all respects.’
‘Quadrant are a strong international commercial set with some really top class silks and juniors – particularly in the international arbitration space.’
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Serle Court
Serle Court ‘deservedly has an excellent reputation for DIFC cases’ and has an equally strong presence in the Middle Eastern arbitration space, acting as both counsel and arbitrators. Zoe O’Sullivan KC led Gregor Hogan when successfully acting for the respondent in Al Buhaira National Insurance Co v Horizon Energy, with the DIFC Court of Appeal’s judgement establishing that anti-suit injunctions will only be granted exceptionally to restrain proceedings in another Emirate. As the SBM Bank (Mauritius) Ltd v Renish Petrochem FZE and Prime Energy FZE case continues on, James Weale appeared at the sanctions hearing in June 2023. Rupert Reed KC remains extremely active throughout the region in disputes concerning commercial, banking, civil fraud and property issues.
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‘I have no complaints whatsoever. I was very happy with the service received and our client was elated with the result.’
‘Dan Wheeler is very responsive and personable; he is always a pleasure to deal with.’
‘Excellent set.’
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XXIV Old Buildings
With particularly strong connections to Dubai, XXIV Old Buildings has an established reputation in the Middle East for its members acting in litigation and arbitration within the commercial, construction, and banking and finance areas. In Nest Investments Holding Lebanon v Deloitte and Touche, Steven Thompson KC acted on an application to the DIFC Court of Appeal regarding a preliminary trial related to recoverability of loss and the status of foreign law in the DIFC. Arshad Ghaffar acted on behalf of a defendant in IDBI v Barghouthi & Others, a DIFC claim filed by an Indian development finance institution against a Kuwaiti telecoms provider. Edward Knight’s practice continues to focus on international commercial contract disputes, as well as significant activity in ICC, DIAC and other institutional arbitrations.
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‘Very good. Perry Brown is easy to deal with and very friendly. A modern-day clerk with brilliant commercial skills.’
‘We often work with Lyndon Tiller who is excellent – very responsive and helpful.’
‘Paul Horsfield and Perry Brown are personable, hard working and really proactive especially with urgent instructions.’
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2 Temple Gardens
2 Temple Gardens is strong at both KC and silk level, with a growing presence in the UAE that sees the set handle insurance cases in a variety of sectors, Covid-19 related claims, and major construction and infrastructure project disputes. Frequently instructed in the DIFC and ADGM Courts, the ’eminent’ Charles Dougherty KC was active in the first insurance trial of the latter court in Global Private Investments RSC Limited v Global Aerospace Underwriting Managers Limited. Timothy Killen is widely lauded as a ‘very bright and careful barrister’ who ‘is methodical, considered, well-prepared and understated in his approach, which achieves excellent results, particularly in cross-examination. Lucas Fear-Segal also provides ‘fantastic counsel’ and has a vast knowledge of the entire GCC region.
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‘Lee Tyler is a very experienced and effective clerk, he is commercial and user-friendly.’
‘The clerks are always clear and helpful. Billy Hammonds is responsive and helpful.’
‘Billy Hammonds is very good and makes efforts to ensure matters are handled in timely manner.’
39 Essex Chambers
39 Essex Chambers is ‘a world class institution able to provide top talent in a myriad of practice areas’, with the set’s presence in the EMEA region continuing to expand, especially in relation to international commercial disputes concerning fraud and cross-border asset tracing. In KBBO Group v Anand Choudha, Karishma Vora is instructed by the latter in this shareholder dispute arising from the now defunct Spectrami DMCC, the once largest cyber security company in the Middle East. Karim Ghaly KC maintains a well-established reputation throughout the Middle East for his expertise on complex international arbitration, including under ICC, DIFC and LCIA arbitral rules.
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‘Chambers’ management is very user friendly and Lindsay Scott in particular is a delight to work with.’
‘The clerks are professional and responsive.’
‘They have a good team of KCs and juniors.’
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4 New Square Chambers
4 New Square Chambers members have been involved in a wide array of claims, often acting in international arbitration centres and the local UAE courts. Most recently, its members have been involved in insurance, contractual, joint venture, professional negligence, and wrongful termination disputes, as well as large real estate and energy construction contentions. Richard Liddell KC is a ‘master of the detail’ and handles substantial DIFC, LCIA and ICC Arbitration claims – amongst others. Tim Chelmick is ‘unflappable in the face of the most overwhelming issues’, and in recent months has been instructed in multi-faceted shareholder disputes and wrongful termination claims. David Turner KC and Paul Fisher are further names of note in the set.
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‘Efficient clerk room. Denis Peck, Alex Dolby and Nick Angliss are a pleasure to deal with. Nick Angliss in particular goes out of his way to ensure comfort of any instructing solicitor.’
‘The clerks are excellent. If Dennis Peck can’t make something happen, it cannot be done!’
‘All clerks are very helpful.’
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Littleton Chambers
Littleton Chambers offers considerable experience handling complex commercial and employment disputes before the DIFC, ADGM and other Middle Eastern offshore courts. Mohinderpal Sethi KC represented the defendants in Kahlon v Liberty Steel Group Ltd, a significant case before the DIFC Court of Appeal in which a damages claim in excess of $32 million was brought by the company’s former CEO; the judgement will be a leading case on the jurisdiction of the DIFC Courts under the Judicial Authority Law. James Bickford Smith remains highly sought after for complex employee disputes which span multiple jurisdictions, including the DIFC, Abu Dhabi and Saudi Arabia.
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‘Great clerking team.’