Introducing Brown Rudnick MENA Region: Disputes Team
MENA Region: Litigation & Arbitration
Brown Rudnick’s Middle East / North Africa Disputes Team includes Arabic, English, French, German & Russian speakers and both civil law & common law specialists. Our English barristers, French avocats & US trial lawyers, have a wealth of experience in resolving both common law and civil law disputes affecting clients from the region. The hallmark of our service is a dynamic, innovative, and problem-solving approach which our clients appreciate whenever they face delicate and difficult situations. Our advocates regularly appear in MENA disputes, whether in arbitration or before state courts, including the DIFC Courts and the Dubai World Tribunal, as well as before Courts in the US, England, and offshore across the Caribbean. Based in London and the US, the team works closely with dispute resolution experts across the Firm’s worldwide network of offices, and also maintains a regular monthly presence in the Middle East. In the past 10 years, team members have handled a high volume of MENA disputes. We often work as cocounsel in collaborative partnerships with local law firms in the MENA region who call upon us for our specialist advocacy skills and expertise in resolving international common law or civil law disputes, and as a cohesive team providing a one-stop disputes service for MENA clients. Our team prides itself on its international and multicultural approach to resolving disputes, and we deploy highly skilled advocates who are comfortable conducting hearings in both English and French. We have a proven track record of dealing with major international commercial disputes involving over 20 countries across the MENA region, including strong experience of oil and gas, projects, commercial property, construction, M&A, raw materials and commodities disputes involving countries such as Saudi Arabia, Dubai, Qatar, Algeria, Lebanon, Morocco and Tunisia. In addition to our proven track record in litigation and arbitration, our team also offers expertise in precontentious risk management and alternative dispute resolution in order to assist clients to resolve disputes and limit risk as efficiently as possible, very often achieving results which help our clients avoid protracted litigation and arbitration. Internationalists who resolve disputes in multiple jurisdictions Our experienced barristers and trial lawyers provide specialist tactical and substantive advice from the outset. Our team has fewer conflicts than many leading firms, and is used to dealing with the different approaches of civil and common law systems. Brown Rudnick has lawyers who are qualified to appear in the courts of all major jurisdictions where the Firm offices are located, as well as in Dubai before the DIFC Courts and Dubai World Tribunal. In the past two years, team members have advised on matters with a total risk value of over USD 30 billion for a variety of multinationals, financial institutions, funds and governments. Our MENA specialists also have a wealth of experience in disputes involving offshore jurisdictions including Bermuda, British Virgin Islands, Cayman, Jersey, as well as the Bahamas, Barbados, Nevis and the other islands of the Eastern Caribbean Supreme Court.
Representative Experience •
Advising the Crown Prince of Dubai’s investment vehicle in relation to a successful pre-contentious restructuring of debt with a leading international bank.
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Counsel to an investor in Dubai World Tribunal proceedings to recover monies wrongfully retained by a Dubai World subsidiary in relation to a commercial property investment in the Dowtown Jebel Ali development. (DWT/0007/2010). The trial took place in December 2012, and the DWT has subsequently delivered a judgment awarding our client the return of all monies invested, plus interest.
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Counsel to a major Dubai financial institution in landmark proceedings involving conflicts of jurisdiction between the Dubai Courts and the DIFC Court; successfully defending the first ever application for an antisuit injunction before the DIFC Court: Taaleem vs (1) NBC and (2) Deyaar, CFI014/2010. Conducting appeal on jurisdiction: CA 001/2011. We have since made successful applications for both disclosure and the use of UAE law expert witnesses in a case which involves delicate questions of UAE law. The claim concerns a 1.64 billion AED property development and the effects of the global economic crisis on the Dubai property market. This important case is now proceeding to trial in October/November 2013.
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Advising the main joint venture contractor on the US$18 billion Qatar Pearl Gas-to-Liquid refinery project, and successfully defending its rights to receive contract revenues in a case involving multiple jurisdictions including Bermuda, Qatar, Greece and England.
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Representing a major contractor on the C3 Dubai International Airport expansion project for the A380. Advising on delays affecting the progress of construction and on the contractor’s rights and risks, and potential negotiated or contentious solutions and strategies.
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Counsel to a household name in broadcasting in the MENA region in a major ICC arbitration against a MENA satellite broadcaster relating to sports rights and irreversible harm to the Claimant’s pay TV business.
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Enforcing an arbitration award against Chad in England, in a landmark case on sovereign immunity which may widely impact enforcement of arbitration awards against sovereign states: Orascom Telecom Holding SAE v Republic of Chad and another (Citibank NA, third party) (International Bank for Reconstruction and Development intervening) [2009] 1 All ER (Comm) 315.
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Masri v CCIC: global coordinating counsel in relation to groundbreaking proceedings in the English High Court, Court of Appeal and Supreme Court concerning the enforcement of English judgments abroad through the use of equitable receivership, arbitration and other injunctions, as well as an Article 28 stay under the Brussels I (Judgments) Regulation 44/2001. The reported English decision arising from our work include: Masri v CCIC [2011] EWCA Civ 21 (contempt enquiry agents); Masri v CCIC [2011] EWCA Civ 746 (receivership order, Judicial Administration); and Masri v CCIC [2011] EWHC 1780 (Comm) (conspiracy claim, arts 27/28).
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Advising AMPAL bondholders in respect of a multi-billion dollar series of 5 international arbitrations concerning the sale & supply of gas between Egypt & Israel, 2 of which are investment treaty arbitrations (one ICSID and one UNCITRAL), in addition to 2 ICC and 1 CRCICA arbitration.
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Defence counsel to the Hermitage Fund and Hermitage Capital Management against various attacks by the Russian authorities. Our work has included dealing with high profile investigations by the SFO in England, and by the Swiss and UAE authorities into corruption and money laundering, and was commended in the 2010 FT Innovative Lawyer Awards (Fraud Category).
Representative Experience •
Successfully representing Merchantbridge & Co Limited and Safron Advisors Limited in a dispute against a number of high profile international organisations including the bin Laden Group, the Al-Zubair Family in Oman, & Deutsche Bank Suisse in a dispute arising from a Middle East private equity fund: Merchantbridge & Co Ltd and Safron Advisors Limited v Safron General Partner 1 Ltd and others [2011] EWHC 1524 (Comm).
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Representing Awal Bank, BSC, through Charles Russell, LLP, London as External Administrator of Awal Bank in a Kingdom of Bahrain administration, in connection with its chapter 15 and chapter 11 cases pending before the Bankruptcy Court for the Southern District of New York seeking to recover US assets for distribution to Awal Bank’s world-wide creditors in the Bahraini administration.
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Counsel to several investors in Dubai real estate projects for the return of monies advanced to major property developers for the construction of residential and mixed-use developments in Dubailand (UAE law, DIAC arbitration)Counsel to a major Dubai financial institution in relation to claims for return of monies advanced to a major property developer and not repaid (UAE law, DIAC arbitration).
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Counsel to a MENA shipping group in relation to eight LMAA arbitration references concerning a fleet of Algerian bulk carriers.
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Successfully freezing £50 million of assets of a foreign bank in London, leading to enforcement of a contested ICC arbitration award.
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Advising the purchaser in an important arbitration case which became subject to an appeal to the Supreme Court: Midgulf v GCT [2010] EWCA Civ 66.
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Representing clients in several ICC and LCIA arbitrations in matters involving banking, steel, commodities, energy and shipping.
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Representation of the board of Panceltica Holdings Ltd, a Qatar-based construction company, in connection with its group restructure, involving our corporate, restructuring and litigation teams. We previously represented the company on its de-listing from AIM.
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Advising hedge fund clients in relation to enforcement issues in Dubai and other jurisdictions on the Nakheel 2009 sukuk issue.
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Counsel to a group of investors in Champions Tower III, Dubai Sports City, Dubailand for the return of monies advanced to a property developer in relation to the construction of a residential tower in Dubai Sports City (UAE law, DIAC arbitration)
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Counsel to a group of investors in Oasis Tower I, Dubai Sports City, Dubailand for the return of monies advanced to a property developer in relation to the construction of a residential tower in Dubai Sport City (UAE law, DIAC arbitration)
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Counsel to a group of investors in Oasis Tower II, Dubai Sports City, Dubailand for the return of monies advanced to a property developer in relation to the construction of a residential tower in Dubai Sports City (UAE law, DIAC arbitration)
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Counsel to a group investors in The Cube, Dubai Sports City, Dubailand for the return of monies advanced to a property developer in relation to the construction of a residential tower in Dubai Sports City (UAE law, DIAC arbitration)
The Brown Rudnick Team Nicholas Tse Partner & MENA Practice Leader / +44.20.7851.6035 /
[email protected] A barrister and Avocat, Nicholas Tse is an experienced advocate with diverse experience of representing governments, multinationals, banks and financial institutions. Nicholas’ court experience includes England offshore jurisdictions such as Bermuda, the BVI, Cayman, Jersey and the Dubai International Financial Centre Court, as well as France, Qatar, the UAE, the US and the WTO. Nicholas is bilingual (English & French), and has worked extensively for clients from the MENA region for the past 12 years, and leads Brown Rudnick's MENA Practice. He has arbitrated international commercial disputes in London, Paris, Dubai, Geneva, Hong Kong, New York, Singapore & Vienna. Chambers Global describes him as a “superb lawyer” and “part of the next generation of high-flying litigators”. Neil Micklethwaite Partner / +44.20.7851.6086 /
[email protected] Neil Micklethwaite has over 25 years of experience in complex litigation and business disputes. In the UK and worldwide, he acts for hedge funds, corporations and individuals in litigation disputes and regulatory investigations. He has significant experience in asset tracing and fraud litigation for international businesses, as well as in defending institutions and high-profile individuals facing regulatory enforcement investigations brought by the Serious Fraud Office, the FSA, the Revenue authorities and the SEC relating to various market conduct issues Sébastien Bonnard / Partner / +44.20.7851.6199/
[email protected] Sébastien Bonnard is a French Avocat and a Partner in the firms International Disputes practice. He is an experienced International Arbitration specialist. He has been involved as counsel in numerous arbitration proceedings both institutional (ICC, ICSID) and ad hoc, as well as in post-arbitral disputes (annulment and enforcement) for both private and public operators and is also active in alternative dispute resolution proceedings such as mediation or conciliation. Sebastien also acts as an arbitrator and is an ICC France registered arbitrator. He is particularly active in disputes relating to construction, mining, telecoms, joint ventures and distribution agreements mainly in Africa and the Middle East Region. He is cited in the Legal 500 (EMEA and Paris, Ed. 2013) for International Arbitration. David Molton Partner / +1.212.209.4822 /
[email protected] David Molton specializes in complex financial and commercial litigation matters in federal, state and bankruptcy courts in the United States, and he represents foreign liquidators, official committees of creditors, unofficial ad hoc committees of creditors and interested parties in financial fraud and mass tort related litigations and bankruptcies in the United States and in foreign jurisdictions
Scope of Services Arbitration: Brown Rudnick’s Litigation and Arbitration team includes leading professionals in the field and is recognised globally as adept at handling international arbitrations in both common and civil law, with special expertise in the areas of infrastructure and construction, protection of investments, oil & gas, post merger and acquisition disputes, distribution and intellectual property licensing matters, banking and insurance and international sale of goods. Banking & Financial Services: The Firm regularly handles complex civil litigation relating to a broad range of banking and financial activities and has particular experience of multi-jurisdictional litigation relating to the management of investment funds, as well as strong experience of sophisticated financial instruments such as derivatives and structured products. We deal with distressed debt issues in conjunction with our Insolvency & Restructuring teams for many of our hedge fund clients, and we can and do for clients against financial institutions. Corporate Investigations, White Collar Crime & Anti-Corruption: The Firm's specialists have strong experience of anti-corruption legislation such as the FCPA and the UK Bribery Act 2010, and are regularly instructed in relation to corporate investigations and disciplinary proceedings; to defend high-level executives in matters such as alleged corporate offences including fraud and money laundering, as well as financial services regulatory offences such as insider trading, market abuse, as well as tax offences, and corrupt practices. Cross-border Asset Protection & Asset Tracing: We have specialists well versed in complex offshore structures who are able to advise clients on risks and asset protection, and disputes involving the tracing and freezing of assets on the one hand, and protection of assets on the other, across multiple jurisdictions. Energy, Projects, Oil & Gas: Our energy, projects, and oil and gas disputes experts regularly undertake major litigation and arbitration work in relation to energy (including nuclear and renewable energy), major infrastructure projects, and oil & gas disputes involving multiple jurisdictions. Insurance & Reinsurance: The Firm regularly represents clients in a variety of jurisdictions involving disputes resulting from the application of insurance contracts (ranging from life insurance contracts to industrial risk insurance contracts), insurance distribution and unfair or anti-competitive practices in the insurance industry. The group has particular experience of subrogation actions and re-insurance disputes. International Trade, Commerce & Commodities: The Firm assists clients in the resolution of disputes across a wide variety of international commerce including sale of goods, product liability, international debt recovery actions, and asset seizures. Tax: Our tax specialists offer expertise in all areas of tax law in both domestic and international contexts and have represented individual and corporate clients in tax audits and litigation. Transportation, Aviation & Shipping: The Litigation and Arbitration team have acted for a wide range of clients, including ship owners, airlines, insurers, shipbuilders, and commodity traders offering expertise in all aspects of shipping, aviation and transport. We appear regularly before national and European courts as well as arbitration tribunals under a variety of rules.
