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Area of Law: Zoe O’Sullivan KC
Landmark Judgment from the DIFC Court of Appeal
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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.
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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.
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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.
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In Nimat Halal Food Ltd v Patel [2020] EWHC 734 (Ch), Zoe O’Sullivan QC appeared for the creditor in an insolvency case in which Chief ICC Judge Briggs gave guidance on the personal liability of an administrator to pay costs following a creditor’s successful appeal against the
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Zoe O’Sullivan KC acted for the successful defendant in a US$170m guarantee claim brought by the Shanghai Shipyard, in which Robin Knowles J held that the guarantee given by it to the Shipyard in respect of the final installment of a shipbuilding contract was not a performance bond but gave rise only to secondary liability: Shanghai Shipyard v Reignwood International Investment (Group) Company Ltd [2020] EWHC 803 (Comm). She is also acted for the shipowner in its 2021 LMAA arbitration claim under the shipbuilding contract.
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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.
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