UAE & DIFC Litigation

Recognised as Middle East-Wide Dispute Resolution: Leading UK Barristers’ Set at the Chambers Middle East Awards 2024, our barristers act for clients across a variety of sectors. We cover a wide range of work including, contentious and non-contentious trusts and probate work; complex commercial litigation; international fraud, asset tracing and freezing injunctions; insolvency and financial services litigation.

Serle Court has a strong team of barristers practising in the DIFC Courts and the wider Middle East and continues to act in the leading and most significant cases litigated before the DIFC Courts and has an equally strong presence in the Middle East arbitration market (both acting as counsel and as Arbitrators). For the second year running, Serle Court is ranked a top-tier set in Chambers Global 2023 for 'Dispute Resolution: the English Bar - UAE'.

"Serle Court stands out as the leading London set for DIFC litigation. It offers one of the largest and most recognised teams dedicated to this field, with members regularly instructed on high-stakes commercial and financial services disputes involving novel points of law. Its senior barristers also possess considerable experience obtaining freezing orders in the DIFC Courts. In addition to litigation, members are often engaged to assist with arbitrations conducted under DIFC-LCIA rules."

Our barristers are frequent visitors to the Middle East. Leading Silk, Rupert Reed KC, is co-editor of the DIFC Courts Practice, the leading practitioners' text on DIFC law and the Rules of the DIFC Courts. James Weale, Gregor Hogan, Dan McCourt Fritz, and Jonathan McDonagh have also contributed to the text. As well as understanding the procedural rules, our barristers therefore also understand the culture, the market and some even the language.

Zoe O'Sullivan KC appears frequently in the DIFC Court of First Instance and Court of Appeal and has given expert evidence of DIFC law. She is recommended for Dispute Resolution (the English Bar-UAE) by Chambers Global which describes her as "both phenomenally bright and tenacious in court." "A very good lawyer, who analyses the facts and the law very carefully and impressively. She can pick up messy cases and turn them round well."

Key recent cases in the region include; FAL Oil v SEWA, Corinth v Barclays, Bocimar v ETA, Vannin v Khorafi, DAMAC v Ward, WCT v Meydan, Sunteck v Grand Valley, Orion Holdings v Al Haj, YYY v ZZZ, SBM Bank v (Mauritious) Ltd v Renish Petrochem FZE and Ors, Basin Supply Corporation v (1) Rouge LLC (2) Claude Barret, Lateef v Liela, Al Buhaira National Insurance Company v Horizon Energy LLC, American International Group UK Limited v Qatar Insurance Company, and Cesfin Ventures v Al Qubaisi.

Chambers has a designated Middle East clerk, Daniel Wheeler, who is regularly in touch with clients in the region, and also with contacts in the DIFC, to ensure immaculate service at all times.

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Directories
- "Serle Court is a go-to set, especially for DIFC litigation." The Legal 500 Middle East: The English Bar: Commercial 2023
  
  "Serle Court has a substantial UAE offering, with a particular focus on DIFC court work and commercial arbitration" The Legal 500 Middle East: The English Bar: Commercial 2023
  
  "Serle Court is a go-to set, especially for DIFC litigation."
  
  "Serle Court stands out as a leading London set for DIFC litigation". It offers one of the largest and most recognised teams dedicated to this field, with members regularly instructed on high-stakes commercial and financial services disputes involving novel points of law. Its senior barristers also possess considerable experience obtaining freezing orders in the DIFC Courts. In addition to litigation, members are often engaged to assist with arbitrations.
  
  "The chambers appears to have considerable depth in quality and one of the few offering genuine specialism in DIFC Court work." The Legal 500
  
  "Serle Court has increasing bench strength, with number of juniors coming through to make a name for themselves in complex banking and finance and Middle Eastern work." The Legal 500
  
  "Serle Court stands out for offshore banking and finance and is making a strong name for Middle Eastern matters, with ‘considerable depth in quality and one of the few offering genuine specialism in DIFC Court work. Rupert Reed KC is particularly active on this front and represented First Abu Dhabi Bank in First Abu Dhabi Bank PJSC and FAB Securities LLC v Larmag Holdings, which involved resisting a freezing injunction with major jurisdictional implications for the DIFC." The Legal 500
  
  Rupert Reed KC - "Rupert is an astute, articulate and above all personable barrister, who combines a profound technical knowledge of commercial legal issues with an advocacy style that is both understated and brilliant." Legal 500 Middle East: The English Bar: Commercial 2023
  
  "Enormously impressive grasp of Middle Eastern politics and business, his ability to manage complex issues and produce detailed submissions has been remarkable. As an Arabic speaker, he is somewhat unique." The Legal 500 EMEA
  
  Zoe O'Sullivan KC - "Zoe is a first rate silk who speaks with authority and clarity. Her presentation skills are excellent, and she has the ability to explain complex issues in simple terms." Legal 500 Middle East: The English Bar: Commercial 2023
  
  "Zoe was highly responsive and a pleasure to work with." " She is a highly able and hard-working silk." "Zoe is both phenomenally bright and tenacious in court." "A very good lawyer, who analyses the facts and the law very carefully and impressively. She can pick up messy cases and turn them round well." Chambers Global 2023
  
  James Weale - "James is eloquent and persuasive in his advocacy; he thinks on his feet and has an excellent mastery of guiding the judge through the issues at hand. He is also very commercial in his decision making and advice."  (Legal 500 Middle East: The English Bar: Commercial 2023)
  
  "James demonstrates strong work ethic and is solutions orientated. He manages to focus on the relevant issues and address them in a simple manner in the arbitration papers." The Legal 500 EMEA
  
  Gregor Hogan - "Gregor is hardworking, receptive to client feedback, and has real clarity of thought. He understands his practice area and is an impressive barrister."  Legal 500 Middle East: The English Bar: Commercial 2023
  
  Chambers Global
  
  London-based barrister Rupert Reed KC  acts on a variety of commercial disputes in the DIFC Courts and remains very active as arbitrator in the DIAC and DIFC-LCIA arbitration centres. His varied client base includes major energy companies, hospitality brands, and well-known financial institutions.
  
  "I think Rupert Reed KC is probably one of the top experts on DIFC law. I find him very easy to work with and very user-friendly. He really listens and is a great team player." "Rupert is a phenomenally good DIFC advocate. He understands the brief, he is measured in his delivery and he knows which points to pursue." "He is very methodical and meticulous, but also so approachable and just a delight to deal with. He is really strategic and pragmatic, he is always thinking of what is best for the client." Chambers Global 2022
  
  "Rupert was impressive, had great attention to detail, and a great knowledge of case law." Chambers Global 2023
  
  Zoe O'Sullivan KC is an experienced advocate with a strong DIFC practice. Based in London, she is regularly instructed on shareholder disputes and cases in the oil and gas and financial services sectors.
  
  "Zoe O'Sullivan KC is brilliant. She is super responsive, really intelligent and very, very practical. She is always available at the other end of the phone. She is very thorough but also very quick to get to the point, and concise in her advice." "Zoe is quick on her feet, very responsive and very articulate. She is very bright and knows her stuff. She is very good on DIFC court procedures and UAE law." Chambers Global 2022
  
  "Zoe was highly responsive and a pleasure to work with." "She is a highly able and hard-working silk." Chambers Global 2023
  
  Gregor Hogan is fast developing a strong reputation for commercial litigation in the DIFC. He is also frequently instructed on DIFC-LCIA arbitrations involving questions of jurisdiction. He is based in London.
  
  "Gregor Hogan is very bright and very eloquent in his advocacy. I have no doubt that he will go far." "Gregor Hogan is very responsive, very thorough and he's a real team player. He is very receptive to ideas and good at getting things done quickly. His drafting is absolutely spot-on; he is very strong on the papers." Chambers Global 2022
  
  "Gregor knows the tribunal, the system and the law, which makes him an effective advocate and team player." - Chambers Global 2023 (Up and Coming)
Notable Cases
- Al Buhaira National Insurance Co v Horizon Energy:
  Zoe O’Sullivan KC and Gregor Hogan acted in the DIFC Court for the successful respondent in Al Buhaira National Insurance Co v Horizon Energy LLC CFI 098/2021 (9 November 2022), obtaining the dismissal of Al Buhaira’s application for an anti-suit injunction preventing Horizon from pursuing parallel proceedings in Sharjah. This important judgment contains valuable consideration of the role of comity when the DIFC Court is called upon to address conflicts of jurisdiction between the different courts of the UAE.
  
  This was an insurance claim in which Horizon claimed an indemnity from Al Buhaira in respect of the loss of a vessel which was appropriated from its mooring by the Iranian navy. When AL Buhaira rejected the claim, Horizon filed a complaint with the Insurance Authority, as mandated by the Federal Insurance Law. In the meantime, Al Buhaira brought proceedings for a negative declaration in the DIFC Court. The jurisdiction clause in the insurance policy read: “This Contract shall be governed by and construed in accordance with the English Law and each Party Agrees to submit to the exclusive jurisdiction of the courts of the United Arab Emirates. The arbitration agreement shall also be subject to the law and jurisdiction of the United Arab Emirates.” Justice Roger Giles found that this amounted to a non-exclusive choice of jurisdiction which included the DIFC Court as well as the courts of other Emirates, and that it was not an abuse of process for Al Buhaira to bring proceedings in the DIFC Court: see Al Buhaira v Horizon CFI-098-2021 (27 April 2022). This decision is currently under appeal.
  
  Following the Giles J judgment, the Insurance Authority ruled that it had no jurisdiction over Horizon’s complaint, and Horizon challenged this ruling in the Court of Sharjah in accordance with Article 5 of the Insurance Law. However, Al Buhaira then sought an anti-suit injunction to prevent Horizon from proceeding with its challenge in Sharjah on the grounds that it was vexatious and abusive for Horizon to bring proceedings in parallel with Al Buhaira’s claim in the DIFC Court.
  
  HE Justice Ali Al Madani dismissed Al Buhaira’s application for an anti-suit injunction, holding that it was not abusive and vexatious for Horizon to continue its proceedings in Sharjah. The clause was a non-exclusive jurisdiction clause which permitted proceedings to be brought in more than one jurisdiction. In the circumstances, for proceedings to be vexatious and oppressive there had to be something more than just parallel proceedings. The DIFC Court should be cautious about interfering with the process of another court on grounds of comity. It should be especially slow to interfere where, as in the present case, any conflict between a judgment of the DIFC Court and the Sharjah Court could ultimately be resolved by the Union Supreme Court. The Court cited and applied the reasoning of a number of leading decisions of the English Court of Appeal on anti-suit injunctions including Deutsche Bank v Highlander [2010] 1 WLR 1023 and Star Reefers Pool Inc v JFC Group Ltd [2012] EWCA Civ 14, while distinguishing the decision of Justice Wayne Martin in Emirates NBD PJSC v KBBO CPG Investment [2020] FI 045 (9 August 2021) on its facts.
  
  View the judgment here.
- Barclays Bank Plc v Shetty:
  On 10 January 2022, Mr Justice Henshaw handed down judgment in Barclays Bank Plc v Shetty [2022] EWHC 19 (Comm) which is of interest to litigators facing adjournment applications and those seeking to enforce foreign judgments in England at common law.
  
  The Claimant obtained judgment for $131 million against the Defendant in the DIFC Court in Dubai and then brought a claim to enforce that judgment in England. The Defendant applied to adjourn the summary judgment hearing on the basis that he was unable to obtain legal representation, saying that all of his assets were frozen pursuant to worldwide freezing orders granted in India. The court rejected the adjournment application and granted summary judgment on the Claimant’s claim.
  
  Mr Justice Henshaw held that the same overriding principle of fairness that applies where an adjournment is sought for medical reasons also applies where a party seeks an adjournment to obtain legal representation. However, considerations of fairness do not entitle a defendant to fail to take steps that are obviously necessary as soon as the claim is commenced and then succeed on a late adjournment application.
  
  The second part of the judgment contains a useful summary of the principles that apply on a claim to enforce a DIFC judgment in England (from [72]), including where a defendant seeks to rely on a counterclaim by way of set-off to resist summary judgment in enforcement proceedings.
  
  The judgment is available here.
  
  Adrian de Froment acted for the successful claimant (led in the DIFC proceedings by Zoe O’Sullivan KC), instructed by Payam Beheshti, David McDonald and Jon Malik of Simmons & Simmons LLP.
- Lateef v Liela:
  Zoe O’Sullivan KC and Gregor Hogan acted for the successful claimants in the first Dubai International Financial Centre Court case to establish definitively that the DIFC Court has jurisdiction to grant freezing and asset disclosure orders in support of foreign proceedings: Lateef v Liela [ARB 17 2020], 13 December 2021.
- Cesfin Ventures LLC v Ghaith Al Qubaisi:
  In Cesfin Ventures LLC v Ghaith Al Qubaisi, Rupert Reed KC and Gregor Hogan obtained a worldwide freezing order in the Chancery Division against a director and shareholder of a UAE conglomerate in support of New York proceedings against him as “alter ego” of the UAE holding company, alternatively in setting aside fraudulent transfer to himself and others of company assets to frustrate enforcement of the award rendered in an ICC arbitration seated in New York.
- Credit Europe Bank (Dubai) Ltd v. (1) NMC Trading LLC (2) NMC Healthcare LLC (3) Bavaguthu Raghuram Shetty [2020] DIFC CFI 031:
  In Credit Europe Bank (Dubai) Ltd v. (1) NMC Trading LLC (2) NMC Healthcare LLC (3) Bavaguthu Raghuram Shetty [2020] DIFC CFI 031, Rupert Reed KC and Gregor Hogan acted for the major Dutch Bank, CEBD, to obtaining a worldwide freezing order against Dr BR Shetty, founder of the troubled NMC Group. The decision also confirmed that an applicant need not demonstrate any assets of the respondent in the jurisdiction of the DIFC to obtain a worldwide freezing order. Rupert and Gregor represented CEBD at the trial of its claim against Dr Shetty in September 2021.
- FAL Oil Company Ltd v Sarjah Electricity and Water Authority:
  Rupert Reed KC and Gregor Hogan acted for the Sarjah Elecricity and Water Authority in FAL Oil Company Ltd v Sarjah Electricity and Water Authority. The case involved the challenging of the recognition and enforcement in the DIFC of a Sarjah court judgment on the basis of inter-Emirate immunity. This is the first time the DIFC Court considered the concepts of sovereign immunity within the UAE.
- Basin Supply Corporation v (1) Rouge LLC (2) Claude Barret [2018] CFI 057:
  In Basin v Rouge CFI 057/2018, James Weale appeared in the last in-person hearing in the DIFC Court before lockdown. Following a trial, James obtained judgment for the claimant in a claim under a guarantee agreement: [2018] CFI 057. The Court gave guidance on the extent to which variations to underlying obligations affect the validity of an associated guarantee. James also successfully defeated a jurisdiction challenge submitted to the Joint Judicial Committee (Cassation No. 9 of 2019).
  
  A link to the judgment can be found here.
- SBM Bank (Mauritius) Ltd v Renish Petroleum FZE:
  Rupert Reed KC and James Weale acted for the Claimant bank in a US$30m fraud claim against various defendants in proceedings in the DIFC in SBM Bank (Mauritius) Ltd v Renish Petroleum FZE (CFI 054/2018). Having successfully obtained summary judgment against the first two defendants, the trial against the third defendant has been listed in December 2021. A committal application against the first two defendants took place in January 2021. Please click here to view the judgment.
- Grand Valley General Trading LLC v GGICO Sunteck Ltd DIFC CFI 044/2018, DIFC CA 007/2019:
  Grand Valley General Trading LLC v GGICO Sunteck Ltd DIFC CFI 044/2018, DIFC CA 007/2019 concerns a joint venture dispute in relation to a property development in the Burj Khalifa area in on-shore Dubai. Rupert Reed KC obtained judgments from the DIFC courts on issues as diverse as whether a non-party 50% joint venture partner had standing to apply to set aside a default judgment for the dissolution of the joint venture company; the test of desirability under RDC 20.7 O for joining a new party; and whether the DIFC Courts had jurisdiction over the dispute, including the power to stay proceedings in favour of arbitration under Article 13 of the Arbitration Law.
- YYY Ltd v ZZZ:
  Rupert Reed QC (now KC) and Zoe O'Sullivan QC (now KC) represented the successful claimant in YYY Ltd v ZZZ Ltd [2017] DIFC ARB 005, a landmark decision of the DIFC Court refusing to recognise a decision of the highest Dubai national court on public policy grounds. The DIFC Court held that the Dubai Court of Cassation had breached its obligations under the New York Convention by applying its own law to determine the validity of the clause, rather than the law chosen by the parties. This reaffirms the pro-arbitration bias of the common law courts, and will have importance for arbitration practitioners beyond the DIFC.
In The Press
- COVID-19 fallout: Businesses will soon be testing UAE’s legal boundaries:
  Courts will have to give their take on contractual obligations and fix responsibility
  
  Gulf News, 24 July 2020, Rupert Reed KC, Gregor Hogan, Keith Hutchison and Nick Braganza.

News & Events

News
30.09.24
Case Note by Zoe O’Sullivan: American International Group v Qatar Insurance Co DIFCA 008/2024

In American International Group UK Ltd and others v Qatar Insurance Co DIFCA 008/2024 (20 September 2024), the DIFC Court of Appeal has... Read More

News
16.09.24
Announcement of Publication: DIFC Courts Practice - Second Edition

The Second Edition of DIFC Courts Practice, edited by Rupert Reed KC and Tom Montagu-Smith KC (3VB)... Read More
Events
11.11.24
DAW 2024: Litigation framework in the DIFC and its implications for global enforcement and recovery strategies

Location: The DIFC Academy, Level 1, Lecture Room 3, Gate Village 2, DIFC Properties, UAE Read More

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Riyadh International Disputes Week: The Saudi Civil Transactions Law: A Comparative Perspective

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"Serle Court stands out as the leading London set for DIFC litigation. It offers one of the largest and most recognised teams dedicated to this field, with members regularly instructed on high-stakes commercial and financial services disputes involving novel points of law."

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News & Events

News
30.09.24
Case Note by Zoe O’Sullivan: American International Group v Qatar Insurance Co DIFCA 008/2024

In American International Group UK Ltd and others v Qatar Insurance Co DIFCA 008/2024 (20 September 2024), the DIFC Court of Appeal has... Read More

News
16.09.24
Announcement of Publication: DIFC Courts Practice - Second Edition

The Second Edition of DIFC Courts Practice, edited by Rupert Reed KC and Tom Montagu-Smith KC (3VB)... Read More
Events
11.11.24
DAW 2024: Litigation framework in the DIFC and its implications for global enforcement and recovery strategies

Location: The DIFC Academy, Level 1, Lecture Room 3, Gate Village 2, DIFC Properties, UAE Read More

Events
04.03.24
Riyadh International Disputes Week: The Saudi Civil Transactions Law: A Comparative Perspective

Location: Le Méridien Riyadh Read More

View all related news & events