The Brief Magazine by russell

New UAE justice minister | 06 Dubai arbitration deal

| 07

Letter from New York

| 10

Middle East law for the business professiona l

Judging the judges Is the region’s judicial bench keeping pace with the business boom?

CONTENTS

18 Clyde & Co’s David Salt talks about working in Qatar

Regulars

34 How to minimise the risks of outsourcing

Features

Legal news

Cover story

A round-up of the main issues aﬀecting businesses and legal practice in the Middle East

Shining the spotlight on the UAE’s judiciary

Regional focus

Letter from New York

Marion McKeone reports from Wall Street on the tragic case of Seth Tobias

This month the spotlight falls on Qatar. Already on the radar of many international law ﬁrms, Doha is becoming a signiﬁcant regional player

Lawyer’s corner

Special report

Shane Morton talks to some of the US ﬁrms that are descending on the region. Also – words of wisdom from our life coach and tea-break teasers in our quiz

We turn our attention to construction. Does the industry have solid business and legal foundations?

Spotlight

Lifestyle We get behind the wheel of the new Mercedes SLK and dine out at Indego and Tang

33 Reports on various key areas of law that are particularly relevant to businesses in the Middle East. Arbitration, outsourcing and taxation are some of the issues explored

The Directory

Firm focus

From commercial law to intellectual property and much more, see our private practice listings for the region

Freshﬁelds has grown exponentially since arrving in the Middle East three years ago. Kathryn Young meets the team

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EDITOR’S NOTE the

ISSN 1993-565X

Registered at Dubai Media City Published by The Media Factory FZ LLC PO Box 37262, Dubai, UAE Tel: +971 4 390 2260 Fax: +971 4 429 0937 The Media Factory Group Chairman Rany Zakaria Doleh Managing Director Andréa Slater Sales Director Chris Shaw Editorial Editor Jonathan Ames Deputy Editor Kathryn Young Senior Subeditor Ken Campbell Subeditors Amanda Tomlinson, Liz McGlynn, Megha Kathariya Arabic Editor Bassem Nimah Editorial Assistant Maria Arellano Contributors Arabella Zane Anani, Chris Bromhead, Nick Carnell, Adrian Cole, Andrew Cooke, William Frain-Bell, Michael Grose, Richard Harding, Dominic Hennessy, Marion McKeone, Amber Melville-Brown, Shane Morton, Andrew Sharpe, Paul Suckling, Edward Sunna, Loma Tai, Paul Taylor, Amy Ward

Studio Art Director Frank Stebbing Senior Designer Phil Madge Arabic Designer Emad Khourfan Photography Bahr Karim, Corbis images, Getty images, Reuters, Shutterstock Advertising Senior Sales Manager Sudesh Shankar Sales Manager Sabrina Ahmed Sales Executive Myra Shah Production Production Manager Fakhruddin Madraswalla Production Coordinator Sarat Chandra Distribution, Circulation & Subscriptions Senior Distribution Manager John Jose Deputy Distribution Manager Nilesh Devadia Senior Subscription Executive Shanti Lasrado Legal Disclaimer: The material in The Brief has been provided for informational purposes only and does not constitute legal advice, the practice of law, or the endorsement of the content provided by any contributing author or from The Brief. Use of this magazine does not create or constitute, in any way, a lawyer-client relationship between the magazine, the Publisher, their subsidiaries or affiliates, any individual agent or employee of the Publisher, or any contributing author and the reader. Neither does the magazine, the Publisher, their entities, any of their agents or employees, nor any contributing author assume any responsibility for any misinterpretation or misapplication of the information contained within the magazine by the reader. Readers of this magazine should not act upon any information within the magazine without seeking the advice of a legal professional. No part of this magazine may be reproduced, stored in a retrieval system or transmitted in any form except by permission. The Publisher makes every effort to ensure contents are correct but cannot accept responsibility for errors or omissions. Reproduction in whole or part of any photograph, text or illustration without written permission of the Publisher is prohibited. The Publisher apologises for any inconvenience caused, but it does not distribute The Brief within the continental United States. The publisher of The Brief, and The Brief magazine, is in no way associated with, or endorsed by, The American Bar Association, the Tort Trial and Insurance Practice Section of the American Bar Association, or its publication of the same name. The Brief is a bi-lingual publication. If there is any disparity between the English and Arabic content, the English content shall take precedence and shall be considered to be official. ©The Media Factory FZ LLC 2008.

Here come the judges

udges can be either ﬁgures of comic ridicule or profound respect. The American entertainer, Dewey “Pigmeat” Markham, made a television career in the 1950s with a routine that immortalised the expression “here comes da judge…”. Indeed, his two comic successors, Sammy Davis Jr and Flip Wilson, reprised the gig 20 years later on the now-classic US variety show, Laugh In. And real judges have also brought moments of great levity – the British tabloid press in the 1980s mined a rich seam of material from the judicial musings of English Circuit Court judge James Pickles, an outspoken advocate for the legalisation of cannabis, who now writes for the very newspapers that lampooned him years before. On the more reverential side, the names Denning and Burger are uttered in the UK and the US respectively with such profound respect that one gets the impression they were not mere mortals, but legal profession deities. Any civilised, advanced and, indeed, modern society needs to have a well-trained and respected judiciary. In this month’s issue, we look at the progress being made to that end in the UAE, asking what it takes to become a judge in the country and looking at some of the concerns that international lawyers have about standards. Also this month, we continue our series of regional focuses by shining the spotlight on Qatar. Surrounded by water on three sides and bordered by the huge landmass that is Saudi Arabia on the other, the country is striving to

compete with its ostensibly stronger neighbours. The UAE may have the glitz of Dubai and the wealth of Abu Dhabi, but Qatar itself has potentially hundreds of years of oil and natural gas reserves under its sand and seas. In the last decade it has decided to try to go headto-head with Dubai for the title of regional economic hub. We ask lawyers to assess how well it is doing. One of the key indicators of Qatar’s success has been its growing skyline. In our Special Report section this month, we analyse the ever-evolving and developing field of construction in the Gulf. Stroll down a street in Dubai, Abu Dhabi and Doha, and you will soon find your route truncated by a building site. Indeed, from the air, the area around the Burj Dubai project looks like an entire city is being built from the ground up – and, of course, in many ways it is. We look at the issue of dispute resolution in the industry, as well as growing concerns over the environmental impact of such hellfor-leather building. Rounding out this month, we focus on the Gulf operation of one of the world’s biggest international law firms, the AngloGerman outfit, Freshfields Bruckhaus Deringer. Its lawyers haven’t been in the region for long, but – as befits a magic circle ego – they already reckon they are making their presence felt. Jonathan Ames, Editor If you would like to submit a letter to the editor, email: thebriefeditorial@themediafactory.ae

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THE BIG PICTURE

British broadcaster Raymond Bingham – known as DJ Grooverider – received a four-year jail term from a Dubai judge last month following his conviction for possessing slightly more than two grams of cannabis. Bingham, 40, was arrested at the end of November as he attempted to pass through Dubai airport on his way to a gig at the city’s Lodge nightclub. The case highlights the increasingly strict line adopted by the UAE authorities and judges in relation to breaches of the country’s anti-drugs laws. See page 14 for an in-depth look at the region’s judiciary.

NEWS FEATURES 06 New Minister of Justice 07 Dubai arbitration deal 08 Licence delays 10 Letter from New York

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NEWS

Sheikha Lubna Al Qassimi: heading new trade ministry

DIFC to consult on regulations

Leading local lawyer takes top justice role Dr Hadef Al Dhahiri – founding partner of one of the Gulf’s leading law firms – has been appointed UAE minister of justice, it was announced last month. He replaces Mohammad Bin Nakhira Al Daheri, who had held the post prior to the cabinet reshuffle of mid-February. “This is a big responsibility. I thank the president and the vice-president for this trust. Justice is the basis of ruling and this is why it is an important and major task,” Al Dhahiri said. Sadiq Jafar, managing partner of the Dubai office of the law firm, Hadef Al Dhahiri & Associates, said: “Our 70 lawyers are extremely proud of Dr Hadef. It is an undoubted honour to have been selected and appointed by the president and the prime minister to serve the nation and perform such an important role. We believe that Dr Hadef and his fellow members of cabinet

will continue to make great strides in the development of the UAE and shall ensure that international standards are achieved in all fields.” The appointment is part of a wider move to streamline government services and improve efficiency. “We want an up-todate government, an efficient and modern administration, operating in full transparency in the spirit of a harmonised single team seeking the enhancement of productivity, while enjoying the highest possible efficiency and vitality to run the various utilities in the country,” said Sheikh Mohammed Bin Rashid Al Maktoum, vice-president and prime minister of the UAE, and ruler of Dubai. Three new ministries of state have been created as a result of the reshuffle as the government seeks to adapt to the changing business environment. “The reshuffle is very important in keeping up with new developments taking place

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Religious police in Saudi Arabia have arrested an American businesswoman for sitting with a male colleague in a Starbucks coﬀee shop in Riyadh. The 37-year-old woman was held in jail overnight.

More than 3,800 companies in Dubai and the northern Emirates violated the labour law in 2007. Oﬀences included failure to adhere to the mid-day break rule, and employing workers illegally.

Campaigners have called for the creation of a journalists’ association in Qatar to help and protect reporters’ rights. The move is to ensure unbiased coverage of the forthcoming parliamentary elections.

Qatar has enacted a new rent law designed to curb rising inﬂation, according to local newspaper reports. The government also reduced the annual rent cap from seven to three per cent.

Saudi police arrest mother

FEB ‘08

NEWS IN BRIEF FROM AROUND THE REGION 06 THEBRIEF

in the economic and construction ﬁelds,” said brigadier Mohammed Salem Bin Owaida Al Khaili, director general of the Abu Dhabi naturalisation and residency department. The business communities welcomed particularly the creation of the ministry of foreign trade. “[The creation of the ministry] is undoubtedly a progressive step taken by Sheikh Mohammed in focusing international trade between the UAE and other countries,” said Kamal Vachani, director of Al Maya Group and regional director of electronics and computer software promotion council (ESC) for the government of India, in a statement in Gulf News. Former minister of economy, Sheikha Lubna Al Qassimi, will head the new foreign trade ministry. She is one of four female ministers in the new cabinet. Kathryn Young

The Dubai International Financial Centre (DIFC) has released, for public consultation, the exempt companies regulations – fresh legislation designed to help financial institutions carry out modern transactions and further promote the centre as a financial hub that enforces standards of international best practice. “As the DIFC continues its emergence as a leading international financial centre, we are committed to providing the most mature, sophisticated infrastructure and advanced legal framework to promote the development of a highly prosperous financial industry,” said Nasser Al Shaali, the centre’s chief executive. The regulations are intended to safeguard securitisation and other structured finance transactions as part of the existing legislation that governs activities in the DIFC. The rules cover special purpose vehicles in the centre, which are used by many Islamic finance and conventional finance transactions. Omar Bin Sulaiman, governor of the DIFC, commented that the ease with which the new regulations will be implemented is testament to the quality of the DIFC.

Thousands of ﬁrms violate labour law

Demand for freedom and rights protection

New rent law in Qatar

LAWYER NEWS

Opening ceremony: boosting Dubai’s proﬁle for arbitration

Three UK heavyweights to sit on DIFC court The Dubai International Financial Centre (DIFC) has appointed three UK judges to sit on its court. David Williams QC and Anthony Colman of Essex Court Chambers and Sir John Chadwick of One Essex Court will hear disputes between parties operating in the DIFC. Each will sit for 20 days a year on the courts and the trio will be joined by three other judges. David Williams QC has over 30 years’ experience as counsel in commercial litigation before New Zealand and overseas courts and tribunals. Sir John Chadwick recently retired as judge of the Court of Appeal of England and Wales, where he spent the last 10 years. Sir Anthony Colman has been a judge of the commercial court in the High Court in London from 1992 to 2007. “The DIFC has further achieved a new milestone by appointing six prominent judges to the DIFC courts, who have varied and extensive experience in diﬀerent common law jurisdictions across the world,” said Sir Anthony Evans, chief justice of the DIFC. “One can be rest assured all cases that come to the DIFC courts will be heard and dealt with eﬀectively.” Judgment day, see page 14

Arbitrations deal thrusts Dubai to dispute forefront The London Court of International Arbitration (LCIA) and the Dubai International Financial Centre (DIFC) have launched a joint venture to establish an alternative dispute resolution forum for the Middle East. The new body will offer dispute resolution services to the business and commercial sectors and is designed to boost the proﬁle of the emirate as a venue for international arbitration. “The establishment of the DIFC-LCIA Arbitration Centre is part of a strategy to position Dubai as an international arbitration jurisdiction. This is a landmark step

for Dubai, re-affirming its status as one of the world’s leading business hubs and creating an efficient working environment for local and international companies to prosper,” said Sheikh Mohammed Bin Rashid Al Maktoum at the inauguration ceremony on February 17. The DIFC-LCIA centre will be based at the DIFC and will have access to the LCIA’s database of arbitrators, enabling it to appoint high-calibre tribunals. It will follow closely the LCIA rules, which are universally applicable and compatible with both civil and common law systems. “An expert and efficiently administered arbitral

institution with a modern set of procedural rules can make a huge difference to the overall cost and effectiveness of an arbitration,” said Philip Punwar, international arbitration specialist at Dubaibased law ﬁrm Al Tamimi & Co. “The LCIA is one of the few arbitral institutions internationally that can be relied upon to provide a uniformly professional service to parties, lawyers and arbitrators,” he added. Such a move entrenches Dubai’s position as a viable centre for international arbitration. Signing the agreement on behalf of the LCIA, Adrian Winstanley, director general of the LCIA, said: “This cooperative venture underlines the LCIA’s recognition of the important and burgeoning economies of Dubai and the wider Middle East, within which the LCIA hopes to make a greater contribution to the provision of commercial dispute resolution services and associated information and training programmes”. The DIFC is also expected to introduce during the ﬁrst half of 2008, an arbitration law to replace existing legislation dating from 2004. According to the draft law, which was published to coincide with the launch of the DIFC-LCIA, the new arbitration law is based on the model law on international commercial arbitration of the UN Commission on International Trade Law and covers all stages of the arbitral process. Kathryn Young See Spotlight page 40

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The UAE’s Ministry of Economy drafted a new arbitration law expected to come into force in the next three months. It is based on international standards including the New York Convention and UNCITRAL.

Global news network, Al Jazeera has appointed Denton Wilde Sapte as its legal counsel. The London-based law ﬁrm secured the deal that sees it advise on corporate, dispute and employment matters.

UK law ﬁrm Berwin Leighton Paisner is to advise developer Aldar Properties on its planned Abu Dhabi hotel projects. Partner John Sipling heads the team.

Cliﬀord Chance has advised Qatari-based United Development Company on the establishment of a US$300 million Shari’acompliant real estate development and debtraising fund.

Norton Rose and the law oﬃces of Gebran Majdalany acted as legal counsel on the initial public oﬀering of Gulf International Services QSC, a new holding company with insurance and energy arms.

UK-US law ﬁrm DLA Piper with Middle East outposts in Dubai and Egypt posted record revenue for 2007. Its global income was up nearly 19 per cent to more than US$2.1 billion.

UAE arbitration law reform

Dentons wins Al Jazeera role

BLP bags Abu Dhabi hotel deal

CC advises on development fund

Norton Rose in Qatari IPO

DLA Piper posts record revenue

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LAWYER NEWS

Washington DC-based Patton Boggs appoints partner in Doha

Abu Dhabi red tape snarls law ﬁrm openings

US giant enters Gulf with three openings US law firm Latham & Watkins has announced that it will open three offices in the Middle East. Corporate partner Rindala Beydoun will join the top-five US firm – which started life in Los Angeles – as managing partner for the region from rivals Vinson & Elkins and will head up the offices in Dubai, Abu Dhabi and Doha. All three outposts are expected to be operational by the end of the first quarter of 2008 and will focus on mergers and acquisitions, private equity, project development and finance. “We have deep experience representing clients on both their inbound and outbound investments in the region,” said William Voge, global chairman of Latham & Watkins’ finance department and chairman of the firm’s Middle East strategy committee. “The increase in cross-border and regional deal activity presents significant opportunities for our strengths in the twin areas of corporate and finance. Rindala’s expertise and impressive

connections throughout the region are great assets to our firm and Middle East growth plans. Having a partner of Rindala’s stature within the region’s deal community join Latham signals our commitment to building one of the leading practices in the Gulf,” said Voge. London-based shipping and insurance specialist Holman Fenwick & Willan is also looking to expand its Middle East operations. Christian Taylor has joined the Dubai office where he will head the commercial property and construction practice. Taylor was previously a partner at Manches in London. “We want to grow our Dubai capabilities for non-traditional work for clients,” said Marcus Bowman, a marine litigation partner in Holman Fenwick & Willan’s London office. In other moves, Gibson Dunn & Crutcher has poached city-based corporate finance partner Mitri Najjar from US rivals Dewey & LeBouef. Najjar will split his time

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Allen & Overy has advised Dubai-based private equity ﬁrm Abraaj Capital on its agreement with Orascom Construction Industries to merge its fertiliser production activities.

Abu Dhabi will hold evening court sessions to speed-up legal procedures. The commercial court at Al Nahyan complex dealing with ﬁnance cases will be the ﬁrst to introduce the night-time session.

Cliﬀord Chance and Norton Rose have secured roles to act on the sale of Chelsea Barracks. The deal, worth almost £1 billion, is the largest Islamic ﬁnancing of a UK property to date.

London-based Allen & Overy is to launch a real estate team out of its Dubai oﬃce by the end of March. The team will focus on real estate funds, joint ventures and acquisitions and will be led by Robert Porter.

A&O advises on US$1.59 deal

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between London and Dubai and has previously advised a number of clients in the Gulf. “The region is experiencing a tremendous economic boom and I look forward to being part of the growth,” he said. Washington DC-based Patton Boggs has appointed Sonia Barber as a partner in its Doha office. Barber has more than six years experience of working in Qatar, and specialises in business compliance, energy, construction and dispute resolution. Elsewhere in the region, UK firm Eversheds is to strengthen further its Middle East practice by opening an outpost in Abu Dhabi. Corporate partner Christopher Jobson will relocate to the UAE capital from Qatar where he will head a team of up to six lawyers. “Our Qatar office has been a great success, but what we’ve found is that you can’t realistically service the Gulf from a hub. You need lawyers on the ground,” said Alan Jenkins, the firm’s chairman. Kathryn Young

Several leading law firms have had to postpone their planned launches in Abu Dhabi as a backlog of applications has resulted in delays in obtaining regulatory approval. Licensing authorities in the emirate have been inundated with requests as an increasing number of firms seek to take advantage of the opportunities on offer in the Middle East region. Clifford Chance is one of the firms still waiting for its licence. “Everything is in place and we are just waiting for the regulatory steps. We are looking to launch later this year – I do not know exactly what date,” said finance partner Richard Ernest, who is scheduled to head the Abu Dhabi office, which was originally scheduled to open in April. DLA Piper is also still awaiting regulatory approval. “I believe the licence is likely to be approved in the next few weeks, but it depends when the authorities have time to look over it,” said Nigel Knowles, the firm’s co-chief executive. Ashurst, Eversheds, Herbert Smith and Latham & Watkins are among the other firms likely to be affected by the delay.

Evening courts for Abu Dhabi

CC and NR on record Islamic ﬁnancing

A&O launches Dubai real estate team

LETTER FROM NEW YORK

The tragic fate of Seth Tobias reads like a tale from the dark excesses of the red-braces brigade from two decades ago. But, reports Marion McKeone, it is a contemporary story that highlights not just hedonism, but obsessive US litigation

In the embers of a 21st century bonfire Back in the 1980s, Sherman McCoy – the hero of Tom Wolfe’s Bonfire of the Vanities – became a metaphor for the reckless excesses of Reaganera Wall Street. Twenty years later, Wolfe’s fictional “Master of the Universe” has been usurped by the real life crash-and-burn tale of Seth Tobias. McCoy’s downward spiral ended with social ignominy and financial ruin. Tobias’s went a twist further – his ended face-down in his own swimming pool and provided the catalyst for a legal gutter brawl between his widow and his brothers. The mystery surrounding Tobias’s death and legal actions that followed it, have turned the saga into an explosive stranger-than-fiction parable for New York’s second gilded age. His death – and the life of fast money and faster living that led to it – reads like an especially lurid piece of financial pulp fiction. Tobias was a hedge-fund manager – one of the many who have ridden the crest of the Wall Street tsunami. Energetic, bespectacled and boyish for his Seth and Filomena Tobias – a Wolfe-style Wall Street tale

44 years, he gave the impression of being an endearing, enthusiastic whiz kid. To his Wall Street associates and the super-wealthy set he partied with in Florida, Tobias seemed to have it well and truly made. He had formed his own investment company, Circle T, with just US$4 million and quickly turned it into a US$300m hedge-fund. He was a bona fide celebrity in the financial world. In this era when success equates to television series, he was also something of a media celebrity on CNBC, the NBC network’s financial news affiliate, with his own slot on the hit show, “Mad Money”.

World-class shoppers Clients numbered billionaire Samuel Zell. His friends included Donald Trump. During the week, he conjured multi-million dollar deals from his Park Avenue ofﬁces, while weekends were spent shuttling between Trump’s Mar-A-Lago retreat, black-tie balls, horse races at Kentucky and Saratago, and

“Seth Tobias formed his own investment company with just US$4 million and turned it into a US$300m hedge-fund” lavish parties at his Palm Beach mansion. His glamorous wife, Filomena, was always by his side. The pair was reputed to be worldclass shoppers, dropping tens of thousands of dollars on spending sprees in New York, Las Vegas and Palm Beach. One afternoon Filomena bought a new Porsche on her credit card; she had tired of her three-month old sports convertible. But the Tobias lifestyle also burrowed beneath the society pages. The husband and wife made regular visits to gay sex clubs, and Seth Tobias became infatuated with a male go-go dancer at Cupids, one of their favourite gay haunts. He was also consumed by a cocaine addiction that would cause him to go missing from his work for days,

sometimes for weeks while he caroused with members of New York and Florida’s gay underworlds. His relationship with his wife of less than two years, always volatile, turned violent. Tobias appeared in police files in New York and West Palm Beach noting police visits to his homes for “domestic disturbances”. He had filed for divorce shortly before his death and his wife responded with a lurid counter-claim of drug and gambling addictions, gay sex and violence. When his wife made a frantic emergency services call following an afternoon’s drinking at the ultra-elite Breakers hotel that segued into a party at a gay outdoor bar – saying her husband had stopped breathing – paramedics who arrived at the scene believed his death was as a result of a heart attack triggered by his high-stress lifestyle. The abrasions they found on his forehead, nose and back were put down to death-throe flailing.

Live fast, die young It seemed a classic case of living fast and dying young, Wall Street style. But two weeks after Tobias’s bizarre death, his former assistant, Bill Elf, claimed his wife had confessed to him that she had murdered her husband by feeding him an overdose of drugs in his pasta and luring him to their pool with the promise of kinky sex games with Tiger, the male go-go dancer, with whom Tobias had become obsessed. Elf has a varied, if unimpressive, CV

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COMMENT

– besides working as an executive assistant to an allegedly bi-sexual cocaine-snorting hedge-fund dealer, West Palm Beach police records show he worked as a gay pimp and drug dealer, before taking up the more spiritual profession of Internet psychic. Elf’s story was given some credence by a police search of Tobias’s West Palm Beach mansion where they found a large quantity of cocaine and drug paraphernalia as well as two empty bottles for prescription painkillers. It also transpired that within a few days of his death, his wife had their pool drained and completely resurfaced. However, Bill Elf, who has a rap sheet for countless sex and drugrelated offences, was nobody’s idea of a reliable witness, and Filomena Tobias was a society figure with some powerful friends, including one of her three ex-husbands who is also her lawyer. If the police didn’t take Elf’s claims seriously, Tobias’s four brothers certainly did. They immediately launched a civil action accusing Filomena Tobias of murdering her husband by “drowning and asphyxiation”. Tobias’s will, which he had not updated after his marriage, stipulated that his US$25m-plus estate be divided among his brothers. However, the law in the jurisdiction stipulates that wives and children have first dibs over blood relatives. But the brothers claimed she was barred from inheriting as his wife by Florida’s “slayer statute,” which it seems was specifically designed with gold digger spouses and offspring in mind. The law specifically bars inheritance by a person who murders someone from whom they stand to inherit. Florida’s “slayer law” was designed to discourage impatient relatives from hastening the death of an elderly parent or spouse whose tenacious determination to keep breathing is all that remains between an heir and his inheritance. A trawl through the criminal court records

suggests Florida’s large population of rich elderly is especially vulnerable to euthanasia by impatient beneﬁciaries.

Civil action Meanwhile, Tiger, the 31-year-old go-go dancer whose moniker was inspired by the cat-like stripes he had tattooed over his entire Florida-tanned body, disappeared, only to resurface in Las Vegas. Now Christopher Dauenhauer (his real name) has been hawking tales of a decadent ménage-a-trois with the Tobiases to the supermarket tabloids. A probate hearing scheduled for early January was postponed until this month at the request of Filomena Tobias’s lawyer and ex-husband Jay Jacknin, who cited her psychiatric condition. Fittingly, on Valentine’s Day, the police announced that after a fivemonth investigation into his death, his wife would face no charges and would become eligible to inherit his US$25m estate. However, being cleared of criminal charges is no bar to an OJ Simpson-style civil action that would seek to declare her responsible for his death, and triggering the slayer law provisions. Despite the police clearance, the Tobias brothers, are determined to prove Filomena Tobias guilty. A closed criminal investigation is not the same as an acquittal by a jury they say. Among the evidence they’ll present at the civil trial are 2007 police records in which Seth Tobias claims, following one of many altercations during which she assaulted her husband, that his wife was “out to kill him”. They also claim that her ex-husband filed a restraining order against her. Whether or not Filomena Tobias walks away with the lion’s share of her husband’s US$25m or ends up serving 25-to-life is the current favourite pastime of social and financial speculators from Wall Street to West Palm Beach. Marion McKeone is a New Yorkbased freelance journalist and an Ireland-qualified barrister

Corporate governance came to the fore in the Gulf after the jailing of former Enron boss, Jeﬀrey Skilling

The term corporate governance has become a buzzword in the boardroom. Chris Bromhead looks at the implications of the phenomenon for companies in the Middle East

Learning lessons from corporate collapse As a senior legal counsel for a large international ﬁnancial services corporation in Australia who has recently returned to private practice in Dubai, the phrase “corporate governance” assumes special signiﬁcance. Having witnessed the corporate collapses of HIH Insurance (Australia’s second-largest general insurer with an estimated group

deﬁciency of AU$5.3 billion at the time of its downfall in May 2001) and One.Tel (a AU$2bn collapse of the country’s fourthlargest telecommunications carrier), to name but two, the term became a buzzword that has essentially created an industry in itself. In the Gulf, it would have been the higher-proﬁled US$6.3bn collapse of Enron in December 2001, that ensured the term “corporate governance” would never leave the headlines again.

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COMMENT

Since the collapses, there has been a worldwide drive to raise standards and practices of corporate governance led by international agencies including the Paris-based Organisation for Economic Co-operation and Development, the International Monetary Fund, World Bank, UN and the Asian Development Bank. The clear message sent by these bodies is that high standards of corporate governance are essential for business accountability and performance, as well as for market integrity. Despite its worldwide relevance, the term itself has remained something of an enigma. Academics, accountants, lawyers and professional associations have all coined their own deﬁnitions. David Knott, the chairman of the Dubai Financial Services Association (DFSA) – speaking in the inaugural lecture to Melbourne-based Monash University’s governance research unit – considered corporate governance to refer to two things: the mechanism by which corporations are directed and

of any breaches of the Dubai International Financial Exchange listing rules. Second, is the internal company level, where a number of practices that are over and above what Knott has described as the “legal rituals”. These are practices outside the legal and compliance framework that facilitate and support entrepreneurship and innovation, and help relieve the much quoted tension between accountability and performance that exists in the world of corporate governance. They might include the appointment of a non-executive director as the chairman of the board or integration of principles governing safety, business conduct, social and environmental activities into business practice. At the corporate governance forum in Dubai last April, the then chairman of the DFSA, Habib Al Mulla, referred to the need to overcome complacency in terms of a company’s corporate governance programme by ensuring that a continuous improvement scheme be initiated to progress the position of the

“Corporate governance appears to operate coincidentally on two levels – the legal level and the internal company level” controlled; and the mechanisms by which those who direct and control a corporation are supervised.

Two levels In simple terms, corporate governance appears to operate, coincidentally, on two levels. The legal level, where such obligations as set out in the DFSA securities rules, are to be complied with and reported on by companies affected. Often identified as corporate governance tools, they include obligations concerning disclosure (material developments notified to the market), preparation of release of financial information, the obligation to disclose material personal interests including loans to directors and the reporting

company. In this context, he hinted at the likelihood that many corporate governance tools that may have been found in the second level might be effectively elevated to the ﬁrst level in an attempt to maintain the UAE’s standing at the top of the table in the Transparency International Report in the Arab world. There is no doubt that one of the focal points of this attempt to increase regulation at the legal level in an attempt to reduce risk, and in the case of the UAE, maintain investor conﬁdence (rather than restore it, as in the US), has focused on the role of responsibilities of company boards and directors.

An enormous topic in itself, directors are increasingly ﬁnding themselves in the spotlight of corporate governance. Even if their duties and responsibilities have not changed much on paper, there is certainly a new awareness of their role together with heightened expectations from shareholders and wider stakeholders. It is in this context that much good work is being undertaken by the Dubai-based Hawkamah Institute for Corporate Governance through initiatives such as the director development programme offered to current or aspiring directors.

Big headaches There is no doubt that we must heed Al Mulla’s words in terms of initiating a continuous improvement programme, particularly against a backdrop of an increasingly complex market. With the continuing rise of private equity as a means of facilitating management buy-outs or buy-ins, and merger and takeover activity, along with greater hedge fund activity in capital markets, greater headaches are being created for boards and management. For example, concerns about the lack of disclosure and regulatory oversight of hedge funds have spilled into similar concerns regarding the lack of transparency and accountability of private equity (in particular, concerns focused on the high debt leverage deployed by private equity). Many believe that the magic pill to relieve this headache is to increase regulation, codes, recommendations and principles – and therefore to attempt to eliminate risk from the equation. However, this belief fails to acknowledge the fundamental commercial proposition that returns are based on risk. In other words, there is no such thing as a risk-free investment. I am not advocating a retreat from increased regulation of company obligations. Good commercial practice is underpinned by good regulation. However, any regulation should be measured, and not simply the

implementation of a “tick a box” framework that seeks to impose a minimum set of standards. What direction will Al Mulla’s “improvement programme” take in the UAE? As a unique environment in many respects, it will need to evolve overtime to cater for its individual nuances. For example, Takaful companies create an additional challenge. Although subject to Dubai’s prudential insurance business model, there is no prescribed model on which such operations and investments should be based. As an emerging product with no internationally articulated development model, the Dubai International Financial Centre has responsibly refrained from imposing a prescriptive regulatory regime in this context at this stage.

Most competitive economy If Al Mulla’s vision of continual improvement is to be realised, and the UAE is to remain as the World Economic Forum’s most competitive economy, we must continue to strive together as an insurance and financial services industry to be innovative and cooperative in how we approach regulation. It is not the responsibility of the government alone to enact what might be termed “efficient regulation”, but one that is shared by local industry and regulators. Much effort, energy and resources are now being dedicated to designing and implementing an effective corporate governance regulatory regime, assisted by dedicated bodies such as Hawkamah, which will assist in the reduction of risk and building on the already high levels of investor confidence in the UAE well into the future. As a new recruit to the sector, it is a privilege to be involved in the fine tuning of the local legislative and regulatory regime and be a part of an evolving and dynamic corporate governance culture in the region.

CONTRIBUTOR Chris Bromhead is a senior associate at the Dubai oﬃce of the law ﬁrm Clyde & Co

THEBRIEF 13

COVER STORY/JUDICIARY

Judgment day The UAE’s judiciary is in the throes of modernisation to keep pace with commercial and social change. Jonathan Ames reports

rucial to any civilised society is the rule of law and judges are vital to its successful and fair functioning. The judiciary is the arbiter and implementer of the law; without it there is no need for lawyers – or at least, no need for an intellectual and articulate practising legal profession. To whom would lawyers put their case? From whom would they ask an assessment of evidence? If there is no one appropriate to hear the case and assess the evidence, who would hand down judgment? The rule of law would cease to have any meaning. Whatever the applicable rule of law, its maintenance by its own judiciary is fundamental to any modern culture. International lawyers and business people are used to having disputes handled by top-quality, razor-sharp minds that can analyse and distil complicated sets of facts and apply detailed laws to those facts. Judges in the Anglo-Saxon, common law tradition have assumed an almost mythic quality of owl-like sageness, adjudicating impassively, wisely and fairly over jousting advocates. And in the civil law codified system they are viewed as tenacious investigators, delving through the mire of at times chaotic circumstances to get to the truth. As the UAE and the wider Gulf steam headlong towards modernity, the region’s judicial bench will find itself increasingly in the spotlight. Does it fulfil the vital role with which society has entrusted it and that international business demands, or will it be found wanting?

Women on the bench Already, there are signs of rapid modernisation. Last month, The Brief reported on moves by the UAE government to allow women to be trained as judges and prosecutors. This puts the UAE at the forefront of liberalisation with Bahrain, as they are the ﬁrst two countries in the Gulf region to make such a move (in 2006, Bahrain appointed the ﬁrst female judge to its constitutional court).

14 THEBRIEF

A year ago, Sheikh Khalifa, the UAE president and ruler of the country’s capital emirate, Abu Dhabi, implemented a reforming law designed to head-off anticipated criticism of the bench’s independence. Law 23 of 2006 sets out the immunity, duties and accountability of judges, arguably enshrining their right to function without interference from other government authorities, or, indeed, the rulers themselves. Even with that level of forward thinking, the question pondered (if not even being whispered widely and certainly not openly voiced) is, does the Gulf region have in place judges who will match the benchmark standards in the developed world – even if the ideal suggested often far outreaches the reality in the west itself? While the authorities, specifically in the UAE, are apparently willing to be as hospitable as possible to international commerce in most sectors – whipping up a financial centre here, launching a free zone there – are they prepared to put in place courts and judges that will meet expectations when business disputes arise? And as human rights issues catapult up the international corporate social responsibility agenda, will the region have in place judges who are seen to be fair and independent when adjudicating on social issues outside of business such as family and criminal matters? What currently does it take to sit on the bench – who is qualified and how do they get there? As with many issues in the region, official statistics are difficult to obtain, if they exist at all. Going back to basics – the UAE is essentially a civil law jurisdiction that is highly influenced by French, Roman, Egyptian, Jordanian and Islamic law. Common law principles of precedent – adopting previous court judgments as binding – are for the most part not applicable in the country. Although, having said that, rulings cited in pleadings can be of some persuasive influence and ultimately judgments delivered by higher courts are often followed by their lower counterparts.

There are three main branches in the court structure: civil, criminal and Shari’a. There is also a system of labour tribunals and rent committees and various arbitral bodies. But it is the civil courts and their judges that have the most potential impact on business in the region.

Grandfather advocates Judges in the UAE must be nationals of various Arab countries, and they primarily have a background in civil law. The very demographics of the country – the consensus being that fewer than 20 per cent of the population has Emirati citizenship – means that only a handful of actual nationals sit on the country’s bench. (Indeed, many of the Dubai court judges are Egyptians, and Syrians and Sudanese sit on other UAE benches). However, the number of UAE nationals sitting on the judicial bench is steadily, if only gradually, increasing as more local law graduates enter the legal profession and gain the required experience. In the UAE, judges complete an initial fouryear course at law school before doing two more years of study at an institute for judicial training. The first year involves theory with the second year moving on to practical training. Technically, only UAE nationals may sit on the federal bench, although exceptions are made for reasons of pragmatism. As with some major jurisdictions – Russia, for example – the UAE judiciary is effectively a professional body. Judges are trained specifically for the role – a position that contrasts with the common law jurisdictions where judges emerge organically from the ranks of practising lawyers, usually advocates. Advocates in the UAE are a special breed – only those employed by UAE national law firms may appear as counsel before the courts. To complicate matters, there are various levels and types of advocacy licence – for example, a federal licence covers all seven emirates in the country. Then there

â&#x20AC;&#x153;International lawyers and business people are used to having disputes handled by top-quality, razor-sharp minds that can analyse complicated sets of facts and apply detailed laws to those factsâ&#x20AC;?

THEBRIEF 15

COVER STORY/JUDICIARY Sheikh Mohammed: the UAE vice-president and prime minister appoints judges in Dubai

are licences that are valid for individual emirates only. Since 1992, all new licensed advocates must be UAE nationals; however, a number of citizens from other Arab countries who were practising prior to that date were “grandfathered” into the system and allowed to continue.

Age criteria Historically, the legislation governing the appointment of federal judges has been Federal Law 3 of 1983 (as amended by Federal Law 16 of 1998). That law stipulates certain criteria for judicial appointment. Until recently, the rules meant that only Muslim male Emiratis of at least 30 years of age could be appointed to the Court of First Instance. The minimum age increased to 35 years for the Court of Appeal and to 40 years to be that court’s chairman. Federal Law 10 of 1973 (as amended by Federal Law 2 of 1991), stipulates the qualiﬁcations for a judge of the Federal Supreme Court, which is the highest court in the UAE, with the exception of two emirates that have opted out of the federal system – but more on that later. The legislation states that Supreme Court judges must be UAE nationals with civil law competence and be at least 35 years of age. However, as with the position regarding nationality, there are exceptions to the age restrictions as well. UAE federal judges must also have a degree in Shari’a. And if they have not been practising lawyers, they must have taught Shari’a and/or been involved in judicial work, such as assisting with the drafting of legislation or the working at the public prosecutor’s ofﬁce. To sit on the Appeal Court bench, judges must have at least 14 years’ previous judicial experience. The Supreme Court only hears disputes on matters of law, acting not only as an appellate court with respect to the decisions of lower courts, but also supervising lower courts to ensure that they are correctly applying and interpreting the law. Judges sitting here must have at least 20 years of judicial experience.

“The UAE is essentially a civil law jurisdiction that is highly inﬂuenced by French, Roman, Egyptian, Jordanian and Islamic law” 16 THEBRIEF

Complicated structure This whole position is complicated by the actual court structure throughout the UAE, which is hardly unified. Under the provisions of Federal Law 6 of 1978, the Courts of First Instance in Abu Dhabi, Sharjah, Ajman and Fujairah became Federal Courts of First Instance; and the Appeal Courts of those emirates became Federal Appeal Courts; with final appeal to the Federal Supreme Court in Abu Dhabi. But the emirates of Dubai and Ras Al Khaimah are not part of the federal judicial system – each has its own, independent court network, including three levels: First Instance, appeal and the highest court, which in these two cases is confusingly referred to as the Court of Cassation. The Court of First Instance includes the civil, criminal and Shari’a courts. Despite the mechanisms of modern judicial training being in place, and the legislative support of enshrined statements of independence, UAE judges – whether at the federal level or in Dubai and Ras Al Khaimah – are ultimately appointed by the country’s rulers. While this is theoretically true in the west in as much as judges in Europe and the US are to a greater or lesser extent appointed by the executive, there is a longer history of judicial independence in the developed world that gives individuals and businesses confidence that governments will not be able to interfere with judicial rulings. While concerns over independence are significant in some legal quarters, far more troubling for commercial lawyers – both at the larger local law firms as well as at the global – is a perceived lack of specialist expertise on the UAE and GCC benches. Predictably, lawyers are wary of commenting openly about the issues of training and experience. While local judges are generally

regarded as intelligent and keen, they are still viewed as being very inexperienced. Indeed, one maritime lawyer told The Brief that there is a woeful lack of judicial knowledge of that field locally. Likewise, there are strong concerns that most local judges have not practised as lawyers before going onto the bench. There are other potential judicial pitfalls on the horizon. One practitioner pointed out that constitutional disputes between the emirates could cause some judicial squirming, as could jurisdictional clashes between the Dubai International Financial Centre court and its federal and local counterparts. But, as with many other practical business issues in the region, there is optimism that concerns about the quality and independence of the judiciary – and indeed, any tricky international law and jurisdictional wrangling – can be assuaged. For instance, Sadiq Jafar, managing partner of the Dubai office of UAE-based law firm Hadef, comments: “The remarkable growth of the UAE economy necessitates investment in, and development of, all aspects of domestic infrastructure and all national institutions. The judicial system is no exception, and the legislature and the executive, at the federal and the emirate levels, are undoubtedly aware of the need to continuously improve. I am certain that we will continue to witness significant enhancements within the short and medium term.” There is already discussion of plans for more intensive and comprehensive specialist judicial training. So, while the verdict on the region’s judges is still out, the judiciary must stand a good chance of passing the international litmus test.

CONTRIBUTOR Jonathan Ames is editor of The Brief

FEATURE/REGIONAL FOCUS

An even younger pretender Qatar is looking to challenge the UAE in the ﬁelds of ﬁnancial and legal services. Jonathan Ames and Kathryn Young report

n the early 1970s when the emirates, Bahrain and Qatar were formally disengaging themselves from British protection, the latter two initially ﬂirted with what became the UAE federation – joining, but not for long. By 1971 Qatar had bailed out of the union and declared itself an independent state – drifting, or so it seemed, into near oblivion. Then several crucial factors saved this tiny peninsula of sand from obscurity and put it ﬁrmly back on the geo-political map. First, the

18 THEBRIEF

oil shock of the mid-1970s gave it – along with all the natural resource-rich Gulf states – a huge economic boost that has propelled Qatar and its neighbours into the major league of sovereign wealth fund players. Second, the country provided the US with a headquarters and launching pad for president George W Bush’s 2003 invasion of Iraq, earning Qatar a bundle of brownie points with the world’s only remaining superpower. And third, it launched, and is home to, the Arab world’s leading international broadcaster, Al Jazeera,

meaning that news executives in the allpowerful western media know roughly where the country is and take occasional notice. But perhaps most important is Qatar’s on-going sense of competition with the emirates, which brieﬂy were its fellow federation members. If, runs the logic, the UAE can aim to transform what was the pearldiving village of Dubai into an international global hub, why shouldn’t Qatar do the same with Doha? When the sheikhs in the UAE whipped off the covers from the Dubai

FEATURE/REGIONAL FOCUS

“Like Dubai and Abu Dhabi, Doha appears determined not to rely completely on the energy sector for prosperity”

Qatar is one of the wealthiest patches of land on the planet

International Financial Centre (DIFC) in September 2004, it took the emir in Qatar only another six months to unveil his own sortie into the world of global high ﬁnance, the Qatar Financial Centre (QFC). When the DIFC was stung by concerns from the international markets that potential disputes arising out of deals done at the centre needed to have a well-respected forum for dispute resolution, it set up a common law court with former England Appeal Court judge, Sir Anthony Evans QC, at its head. How did the QFC respond? Arguably, it went a couple of notches better by bagging Lord Woolf of Barnes, the former Lord Chief Justice of England and Wales, to sit as the president of its own court.

Buckets of oil Today, Qatar is one of the wealthiest patches of land on the planet, having either the firstor second-highest GDP in the Arab world and the ninth-best figures globally, depending on which economic gurus one listens to. And, importantly, the country still has a fair amount of oil left beneath its otherwise barren deserts. Qatar generally ranks just outside of the top 10 in the international oil reserves league table – yet geographically it is much smaller than its fellow producers with a significantly smaller

population (statistics vary, but there are about 900,000 inhabitants in total, of which up to three-quarters are expatriates). Experts speculate that Qatar has another 200 years’ worth of oil and gas reserves bubbling and steaming away beneath its territory (some 70 per cent of which is off-shore), so with energy prices where they are, the good times are set to roll on for some while yet. But like Dubai, and increasingly Abu Dhabi, Qatar and its capital, Doha, appear determined not to rely completely on the energy sector for future prosperity. Within the past two years, the authorities launched the Qatar Science and Technology Park in a bid to attract international IT players. But, ultimately, like its counterpart in the UAE, Qatar views the banking and finance sectors as a main prop to its diversification strategy. This is a relatively young field in Qatar and its regulatory structure is ripe for reform, a process that is certain to attract global lawyers. At the moment, regulatory regime is split between three bodies. The Qatar Central Bank regulates banks and investment companies. The Qatar Financial Centre Regulatory Authority oversees financial services companies that have been set up in the QFC. It was formed along with the centre in 2005 and is based on common law principles, works in English and is effectively an environment based on the UK’s Financial Services Authority. The third leg to the stool is the Qatar Financial Markets Authority, which was established in the past year or so to regulate the Doha securities market. But a major shake-up is on the cards for this patchwork of regulation with the proposed establishment of a single regulator. Moves towards unification are meant to get under way this year, with the intention being that over three to four years, a unified regulator will assume responsibility for the whole banking and financial services sector in the country. Linked to Qatar’s moves towards challenging Dubai as the region’s financial hub is a massive construction programme in Doha and elsewhere. “The place is a building site,” quips one English lawyer based in Doha, expressing a sentiment that will chime a chord with his counterparts in Dubai and elsewhere throughout the Gulf. And clearly,

after the banking and financial services sector, construction is a significant field of business for global lawyers operating in Qatar.

Dropping restrictions Indeed, if the arrival of the international legal profession is a relatively new phenomenon in the UAE, it has effectively happened only yesterday in Qatar. Until only five years ago, foreign law firms were prohibited from setting up on their own account in the country, instead forced by law to form a relationship with a local law firm if they wanted to have any presence on the ground. But presumably with one eye on the evolving environment across the waters of the Gulf in Dubai, the Qatari authorities partially relaxed those practice restrictions and invited one law firm each from the UK and the US to set up offices in Doha – Simmons & Simmons and Patton Boggs respectively. Simmons started with two lawyers, one of whom is now the current office managing partner, Andrew Wingfield. Over the five years, the Simmons Doha outpost has grown to two partners (including Wingfield) and seven additional fee earners, and a total staff of about 25. Both Simmons and Patton Boggs enjoyed the privileged position of having the market more or less to themselves for the first few years. And Simmons has certainly exploited that advantage, having been instructed by the government on a range of issues, including advising the Ministry of Economy and Commerce on the establishment of the QFC. In addition, the firm formed the legal element of a consultancy group assembled by the government to look at how the Doha securities market should be reformed to produce an international standard exchange. It is expected the results of that consultation – in terms of new rules and regulations – will be released in the first half of this year. And while the energy sector still forms a significant tranche of work for the Simmons Doha office, Wingfield stresses that the firm, like the country, is diversifying. “Corporate/ commercial work and real estate are important – especially real estate financing. There is huge construction work going on here, and there is both conventional and Islamic financing to deal with it. We are doing a lot of both debt and straight loan financing at the moment.”

THEBRIEF 19

FEATURE/REGIONAL FOCUS David Salt: Qatar authorities are comitted to achieving international standards

Managed growth While Simmons & Simmons and Patton Boggs got to Qatar early, a more recent arrival has been Simmons’ London rivals, Clyde & Co, which opened its Doha office at the beginning of 2007. The office is understandably still relatively modest, although there are seven lawyers under the direction of office managing partner, David Salt. Indeed, two of the qualified staff have been poached from Simmons in Dubai. Wingfield at Simmons does not by any means rule out gradual growth – his office is currently holding steady on numbers. On the other hand, Clydes is actively looking to recruit several more lawyers to Doha. Indeed, Salt finds himself in the “slightly embarrassing” position of already having outgrown the Doha office. “We are definitely looking to expand further,” he says, although the firm wants to “take time to bed down new people. We want to make sure that we build a solid foundation. You can’t just keep growing – otherwise you become like a shrinking plant. You have to have a solid core.” According to Salt, the legal profession environment in Qatar still has some developing to do relative to its position in the UAE. “Even though there is an increasing number of law firms choosing to open in Qatar, it remains a relatively unfished pool compared to Dubai,” he comments. Salt himself is a corporate specialist, but, he says, “when you are over here, you become more of a jack of all trades – you have to be a general lawyer and work across all practice areas”. He came to Qatar six years ago, having been a partner at Clydes’ London headquarters several years before that. He reckons “there is a lot of work in the region” to be getting on with, describing Doha as “a miniature version of Dubai” with an innovative environment that has spawned several significant areas of work, including banking, construction, corporate and commercial.

20 THEBRIEF

Like Simmons’ Doha managing partner Wingfield, Salt has an eye firmly on developments at the QFC, which he hopes will evolve along the same lines as its slightly older counterpart in Dubai, although there are some cultural differences emerging already. “The DIFC… is a bit like a goldfish bowl in the middle of Dubai, whereas the QFC is effectively part of Qatar.” Demonstrating that, says Salt, are the plans to unroll the regulatory regime of the QFC into Qatar as a whole.

In sync Indeed, Salt predicts that once a unified regulatory system is in place, the overall commercial legal environment in Qatar will be very similar to that of London. The Qatar authorities, he says, are committed to bringing the jurisdiction into sync with international financial centres. In 2006, the first international law firm to be licensed by the QFC was UK-based practice Eversheds, with the firm actually opening for business a year ago this month. Office managing partner, Chris Jobson, says the process at the QFC was straightforward; he now oversees a team of six lawyers and three support staff – numbers he expects “to grow strongly” over the next 12 months. The office currently focuses on banking and finance (both conventional and Islamic) work, as well as handling commercial property developments and general commercial work with some litigation and shipping. The firm also has “a long standing relationship with the Qatar government”, maintains Jobson. He says the country is “undergoing a period of strong economic growth, which will be sustained for many years to come”. That economic strength will be reflected in Eversheds’ strategy, according to Jobson. He describes the work-flow as being “very strong

and of the highest quality”. But he agrees with his counterparts at the other international firms based in the country that recruiting top-quality ex-pat lawyers is not as easy a task as it is in Dubai or Abu Dhabi. One Doha practice that falls slightly between the global newcomers and the more established locals is Al Tamimi & Co. Based in Dubai, the firm is arguably the biggest of the local players in the Gulf. It came to Doha nearly four years ago, opting for the route of joining forces with an existing firm on the ground, Advocate Mohammed Al Marri. Ahmad Anani has headed the office since last July, now overseeing 13 lawyers and nine support staff. He explains the move to Doha: “Qatar has obvious attractions that drew us to decide on setting up an office there – a sturdy economy with huge growth rates and one of the world’s highest rates of income per capita, an opening-up policy adopted by government, ambitious infrastructure development plans, relatively investment-friendly policies and laws, all coupled with the ongoing demand from our clients.” The tie-up with Al Marri was a move borne out of pragmatism. As Anani explains, Al Tamimi first attempted to go its own way in Qatar, “but that was very difficult”. Back in 2004, the restrictions on foreign firms opening in Doha were still tight and a practice from the UAE was considered to be very much foreign. “We were faced with continuous rejection and lack of proper reasoning,” Anani recalls, explaining the Qatari government red tape that initially ensnared the firm’s plans. But now the practice is well established in its relationship, and declares its mission in Doha simply as being to provide “specialised and quality legal services”. To that end, explains Anani, the firm began “a departmentalisation exercise” late last year that has seen it recruit five lawyers recently. And the office is looking to increase its numbers still further, aiming for more three practitioners in the short term to bolster the firm’s core areas of practice in the region, which are property, corporate commercial, litigation and banking and finance.

Recruitment challenges Recruitment is recognised as a problem by all those practising in Doha (UK law firms Eversheds and Denton Wilde Sapte are also in town vying for lawyers). Anani says that it is “relatively difficult to convince talent to move to Qatar”, with law firms having to offer something extra to attract good lawyers. There is also continuing government red tape that puts a quota on the number of recruits of certain nationalities. And as for local talent:

FEATURE/REGIONAL FOCUS

CONTRIBUTORS Jonathan Ames is editor of The Brief and Kathryn Young is deputy editor

It started with a Swiss holiday A mini-coup that saw a son take power from his father has triggered reforms in Qatar. Jonathan Ames looks at recent history The recent political history of Qatar has been fairly tumultuous. It was only 13 years ago that Emir Hamad Bin Khalifa Al Thani took the reigns as the country’s ruler after seizing power from his father. The latter made the mistake of slipping off to Switzerland for a holiday while failing to realise the aspirations of his son. While the Swiss break was a disaster for the father, many suggest that the son’s rise has been instrumental in the country’s move towards development and modernisation. Not only has that evolution seen a transformation of the country’s economic structure, but there have also been signiﬁcant social liberalisations, not least being the drafting of a new constitution and the enfranchisement of women. Indeed, Qatar became the ﬁrst Arab state in the Gulf region to allow women to take advantage of partial voting rights. Restrictions on dress have also been relaxed since the current emir came to power. Women are allowed to wear more or less what they like, and men are now permitted to wear shorts in public. Nightlife in Doha is much like a more sedate version of Dubai. As Al Tamimi & Co’s Ahmad Anani explains: “Only recently has Qatar started to offer a variety of entertainment options on social and cultural levels. With the opening of new shopping malls, the set up of various themed events and the creation of different cultural organisations, Qatar is offering a spectrum of choices for entertainment varying from catching a new movie, to attending a symphony by the Qatar Orchestra to a concert by an Arabic singer or an opera by Placido Domingo.” Restaurants and bars are allowed to serve alcohol, provided they are attached to a hotel. And ex-pats can apply for a licence that allows them to purchase alcohol for home consumption. The authorities have also made a big play for large set-piece sporting events, such as two

major international tennis opens (one each for men and women) and the 2006 Asian Games. The latter being a huge coup for Qatar as it was the first time that event had been held in an Arab country. However, as with all of the Gulf boom states, there are problems behind the veneer of economic glitz. Human rights issues over the treatment of imported labourers are similar to those in the UAE. And there is another worrying element that so far has not afflicted Dubai – terrorism. At the end of March 2005, a British man was killed and 12 others injured when a suicide bomber attacked the Doha Players Theatre, which was situated near a British school. The attack is still being investigated, with the authorities keen to run the theory that it was the work of an individual and not an organised terror group. Nonetheless, the incident serves as a stark reminder that despite the Gulf’s headlong rush towards development and aspirations of sitting at the global economic top table, wider issues that have afflicted the Middle East for years potentially lurk just beneath the surface.

Photo: Reuters

“As much as we would love to recruit local lawyers,” says Anani, “they are in scarce supply.” Simmons’ Wingfield points out that while the speed of life is less hectic in Doha relative to Dubai, some of the daily headaches of life are similar. For example, rent inflation is a serious problem in Qatar with estimates that it is running at up to 13 per cent annually. Also much of the existing housing stock was built about 40 years ago and while regeneration plans are under way, there is still a shortage of accommodation suitable for professionals and their families. All of which makes Doha still a bit of a hardship posting and therefore exacerbates the recruitment difficulties for incoming overseas law firms. Lawyers at the global practices maintain that the relatively recent arrival of the international players in Doha has not created obvious friction between the newcomers and the existing local firms. Indeed, Simmons’ Wingfield says that as litigation and court audience rights are still reserved areas for local lawyers, there is a certain amount of referrals moving between the globals and two or three of the prominent local firms. But, says Salt, “anything new could be [viewed as] a threat and you hear the occasional rumblings”. Nonetheless, he reckons that the Doha legal market can sustain the arrival of even more global law firms. “It depends on what area of practice they are in,” he comments, “but there is certainly room for more.” Tamimi’s Anani predicts that tensions between the newcomers and the locals could rise: “Global law firms rely on local lawyers strictly on issues of local law. There used to be much more referrals coming from international law firms, but this has decreased recently because of the surging number of international firms setting up in the QFC.” While the UAE boasts significant commercial centres in Dubai and the capital, Abu Dhabi, Doha really is the only place to be in Qatar. Salt describes it as being “the real city” in the country and it is home to the vast majority of the population. “Qatar has not changed much in the six years I have been here,” says Salt. “It is basically still the same atmosphere with the same, rather conservative, approach to things, but just more buildings and a few more people. In the old days, you would know about 80 per cent of the people – the only thing that changed was the wallpaper. But it is a very good place to be at the moment. There is a lot going on with a small population and good-quality work.”

Emir Hamad Bin Khalifa Al Thani

THEBRIEF 21

SPECIAL REPORT/CONSTRUCTION

inside

EVERY MONTH THE BRIEF LOOKS AT PRACTICE AREAS IN THE MIDDLE EAST. THIS MONTH: CONSTRUCTION

24 Time is money

30 Perils of indecision

Time and cost are two of the most important factors in every building development. Signiﬁcant increases in either can jeopardise an entire project. They are also the two main causes of dispute between contractors and developers. Paul Taylor looks at the various mechanisms that exist to resolve diﬀerences.

The predilection in the region towards oﬀ-plan selling brings with it unique challenges for buyers and developers. A common cause of complaint is that major developers working on substantial projects draft contracts that are unacceptably vague with a plethora of loopholes that are then exploited. Nick Carnell explains.

26 Green ﬁngers

32 Change of heart

Historically lagging behind the rest of the world when it comes to environmental awareness, the UAE is now gradually starting to catch up. Edward Sunna and Arabella Zane Anani explain the recent reforms and consider the impact of the construction industry “going green”.

Deviations from original plans can often result in planned projects being delayed and costs increasing. And failure to communicate the requested changes can be even more damaging. Paul Suckling explains the importance of the relationship between builder, contractor and employer.

28 Building alternatives A lack of faith in the UAE court system and the deﬁciencies of arbitration have left many construction specialists in the region looking for another way to resolve industrial disputes. Richard Harding looks at the alternatives on oﬀer and sees how the UAE can learn from the rest of the world.

THEBRIEF 23

SPECIAL REPORT/CONSTRUCTION

Time and cost equals disputes Paul Taylor analyses the interaction between the UAE civil code, construction contracts and dispute resolution Look around Dubai. The city’s skyline continues to expand upwards and outwards. There is a tremendous pace at which construction projects in the UAE are conceived, designed, constructed and completed. At project level, the key commercial drivers are time and money. Put simply, when will the project be built and how much will it cost? It is those two factors, that, in turn, are the most common cause of disputes between contractors building projects and the paying developers. Indeed, the UAE is no different from other countries around the world in that respect. Construction contracts have evolved their own mechanisms for dealing with such matters. Commonly, contractors seek to blame developers and invoke rights and remedies contained within construction contracts that provide for additional costs and extensions of time. Equally, developers seek to blame the contractors and impose penalties for delay and deduct money from their payments. There is nothing particularly new or unusual in this scenario and construction contracts routinely allow for the appointment of independent construction professionals under various private dispute resolution forums to try and resolve these matters. These forums – such as arbitration, adjudication and mediation – are widely used and incorporated into both standard form and bespoke construction contracts. Those who advocate their use point to the advantages being that the forum is private (as opposed to public court hearings), cost effective (although that is perhaps arguable in the case of arbitration where the parties must pay for the services of the arbitrators, their legal representatives, their experts and the administration of the process by an appointing body) and speedier (again, arguable). But, above all, the arbitrators, whether appointed by the parties or by the appointing body, are experts in the field of construction and can fully understand and evaluate in an informed manner the detailed

24 THEBRIEF

and technical claims and counterclaims being made by both contractor and employer.

Construction mysteries Those within the fora appointed to resolve the disputes are familiar with the mysteries of construction concepts such as “liquidated damages”, “time at large” and “extensions of time”. What should not be forgotten is that underlying the whole scenario is a central and very important clause within the construction contract that says, in simple terms, that the law of the UAE shall be the “governing law” of the construction contract. For construction contracts that means two significant sections in particular of the UAE Federal Law No 5 of 1985 (the civil code) must be considered and will govern the construction contract. First, the code sets out general provisions relating to contracts from articles 125 to 275. Within these provisions are articles confirming the fundamental concepts and principles of UAE law, including laws dealing with the interpretation of contracts. For example, article 246(1) states: “The contract must be performed in accordance with its contents and in a manner consistent with the requirements of good faith.” Article 258(1) states: “The criterion in (the construction of) contracts is intentions and meanings and not words and form.” And article 265 (2) states: “If there is scope for an interpretative construction of the contract, an inquiry shall be made into the mutual intentions of the parties beyond the literal meaning of the words, and guidance may be sought in doing so from the nature of the transaction, and the trust and confidence which should exist between the parties in accordance with their custom current in [such] dealings.”

Technical complexity Second, speciﬁc provisions relevant to construction contracts are in articles 872 to

896 for “Muqawala” (contracts to make a thing or to perform a task). These provisions, in particular, deal with terminology that is familiar to those in the construction industry, such as “sub-contracting” (articles 890 to 891), “defects” (articles 880 to 883), “lump sums” and “variations” (article 887), and “quantities” (article 886). In addition, there are legally binding concepts such as the “decennial” or 10-year liability, found in article 880. However, the complexity and technical detail of construction claims and disputes is such that these provisions cannot by themselves adequately deal with the scenarios arising in contractual dispute forums across the UAE and the Middle East. So how do arbitrators, for example, approach the problem of, on the one hand being appointed to unravel and resolve a complex construction dispute (which may involve such technical matters as “retrospective delay” and “critical path”

analysis), and, on the other hand, looking to the governing law for guidance on how to apply the law to any particular dispute? Eminent commentators and experts in construction dispute resolution tend to favour the approach that the relevant governing law is applied where it can be, but that there is also a whole range of well known and accepted matters of custom and practice that is recognised by those familiar with the construction industry and these matters are used in conjunction with the governing law to reach fair and just decisions. The conﬁdence in the system that is promoted by this method of dealing with construction disputes has resulted in those who draft and use construction contracts, ensuring that the dispute mechanisms in construction contracts include private forums. These include arbitration and adjudication where appointed experts in the construction ﬁeld can be chosen and utilise

all those elements of custom and practice within their experience to resolve the dispute in a technically competent and eﬃcient manner – while at the same time accepting that the underlying governing law must be applied. However, in advocating the use of such fora, could it not equally be argued that the best forum for resolving construction disputes that arise under contracts governed by UAE law is the local courts? The civil code is an Arabic language document, the judges hear, the parties conduct their cases and the judgements are given in Arabic. So isn’t understanding and interpreting the eﬀect of UAE law best done by the courts?

Specialists only That may well be the case for certain matters. The reality is that today’s construction claims and disputes are so technically complex and

require such a level of familiarity with the practices and processes of the construction industry that only construction specialists may be able to understand and address the submissions presented. Again, it is no surprise that the major form construction contracts have, for many years, included and advocated the use of arbitration as their ultimate private forum for dispute resolution by experts in the construction field. That is not in any way to diminish the fact that a construction contract, if governed by UAE law, must be reviewed and considered in light of those laws. But where the effect of the UAE civil code, for example, simply does not cater for some of the more esoteric points of the construction process, the specialist arbitrators can use their knowledge to consider custom and practice and arrive at a conclusion that is seen to be the fairest possible in the circumstances. This approach is, in fact, consistent with UAE law because, as set out earlier, articles 258(1) and 265(2) look to intentions, the nature of the transaction and custom as the correct approach when interpreting construction contracts. At a practical level, the conclusion reached from this exploration into the interaction between UAE law and construction contracts seems to be that when advising on or drafting the relevant clauses, while it is likely UAE law will govern the contract, the ability to choose and incorporate a dispute resolution forum that respects and implements that law, but also has expertise in the industry, means arbitration rather than local courts is the preferred way. If that is the case, the recent announcements by the UAE government that a new arbitration law will be implemented shortly, together with its ratification of the New York Convention in relation to the enforcement of awards made in arbitration, are timely and welcome.

CONTRIBUTOR Paul Taylor is a partner and head of the Dubai oﬃce of law ﬁrm HBJ Gateley Wareing

THEBRIEF 25

SPECIAL REPORT/CONSTRUCTION

The UAE does not have a history of environmental awareness. Edward Sunna and Arabella Zane Anani look at recent moves to rectify the position

Building greener future The UAE is eﬀectively at the forefront of Arab countries in regulating and implementing sustainable development, following last October’s announcement by the vice-president and prime minister of measures that will see the country adopt environmental standards for Dubai’s construction industry. The regulation of environmental aspects of the booming construction market is in keeping with the 2015 Dubai Strategic Plan. This plan forms the blueprint for the emirate’s future urban strategy and development. Growing emphasis has been placed on sustainability in development to combat the adverse environmental cost associated with

26 THEBRIEF

major urban and infrastructure development. The nature of the administrative structure in Dubai and creation of various zones and project-speciﬁc development areas means there is currently no uniﬁed approach to “green regulations” in the real estate development and construction industry. Unlike environmental laws that are generally found in UAE Federal law – such as No 24 of 1999 for the Protection and Development of the Environment – green building regulations are currently drawn from a variety of sources and may involve a hybrid of laws or international standards.

“The benefit of solar energy is that it is free, its supplies are unlimited and using it produces no air or water pollution” energy consumption, as well as controlling moisture infiltration into buildings. External insulation and finish systems can play a major role in optimising energy consumption especially in the hot, humid conditions prevalent in the Gulf region. As a result, engineering principles aimed at reducing heat transmission are set out in the technical guidance to the resolution. The growing number of residential and large mixed-use commercial projects – in addition to the climatic conditions in the UAE – have resulted in high consumption of electricity. The thermal insulation system envisaged by the resolution will considerably reduce the consumption of electricity through air-conditioning. Pursuant to a local order concerning public health and community safety in Dubai, there is a mandatory obligation for all buildings to satisfy health and environmental conditions including, but not limited to, indoor air quality. In addition, the Dubai Electricity and Water Authority (Dewa) has made recommendations to the infrastructure committee of the Dubai Strategic Plan 2015 regarding efficient use of water. There have also been recommendations in relation to the use of solar energy in buildings in the UAE. The benefit of solar energy is that it is free, its supplies are unlimited and using solar energy produces no air or water pollution. The core mission of the 2015 strategic plan will help ensure all new buildings in the UAE meet international guidelines for construction and design from January 2008 in the following areas: energy, indoor environment and air, water, lighting and control systems.

Energy decrees The Dubai Municipality has issued several decrees during the past four years that regulate the application of thermal insulation and provide guidance for the control of energy consumption for air-conditioned buildings in the emirate. These decrees, in essence, contain design considerations to be adopted by consultants in Dubai. A particular resolution for thermal insulation systems (the “technical speciﬁcations”) is mandatory and must be applied in all airconditioned buildings in which building permits are obtained. The aim of the resolution is to ensure the correct implementation of thermal insulation regulation in building design. It also introduces the principles and advantages of thermal insulation to curb growing

Green building criteria The UAE government has formed an infrastructure committee to be primarily responsible for the formulation and implementation of the new green building criteria. The Dubai Municipality was delegated the responsibility of preparing the draft criteria and the committee is currently reviewing the latest version. Once approved, the green building criteria will become mandatory and applicable to all contractors/consultants in Dubai. In addition to Dubai Municipality’s green building criteria, Dubai World and Pacific Control Systems have also established the Middle East Centre for Sustainable Development (MCSD). The aim of MCSD is to ensure Dubai World-affiliated companies implement green building standards. The environment, health and safety regulatory arm of Dubai World has finalised comprehensive green building regulations for Dubai World Developments. The regulations cover the selection of the site for building, soil condition, air, water and noise pollution, and prudent use of energy sources, building materials, recycling

of waste and transport issues. The MCSD will establish benchmarks and guidelines to assist developers in the region to adapt to sustainable development guidelines. In addition to the establishment of the MCSD, TECOM’s Energy and Environment Park has launched Sustainable Design Consultants, a green building consultancy dedicated to providing building solutions in the UAE and the Gulf region. Hyder Consulting, an engineering, environmental, planning and management consultancy, has also announced its own regional sustainable design group in the Middle East, which is explaining “how sustainability and value management can save investors small fortunes and signiﬁcantly increase the value of assets”.

On the bandwagon The Dubai Silicon Oasis, an IT-hub community being developed by the government, has also announced plans to amend its rules and regulations covering incentives that encourage developers to apply green concepts. And Dubai World Trade Centre (DWTC) has announced it is to enhance its commitment to sustainable design and architecture, building on the commitment made in 2006 to ensure all properties within its portfolio are built to the highest possible international standards. Launched in 2006, DWTC’s major urban development – Dubai Trade Centre District – was among the ﬁrst in the region built according to the highest leadership in energy and environmental design green building standards. DWTC will ensure it is incorporating sustainability principles through the complete development lifecycle of its properties, including design, construction, operation and maintenance. Notwithstanding the absence of the green building criteria, the Emirates Green Building Council, formed in 2006, is promoting the principles of green building in the UAE. The council mirrors the US Green Building Council, which developed the leadership in energy and environmental design rating system to make the built environment sustainable by providing the building industry with consistent, credible standards for what constitutes a green building.

CONTRIBUTORS Edward Sunna is head of the construction and engineering department and Arabella Zane Anani is an associate in that department at the Dubai oﬃce of law ﬁrm Al Tamimi & Co

THEBRIEF 27

SPECIAL REPORT/CONSTRUCTION

Building the case for alternatives There is a lack of faith in the region’s court system among the Gulf’s construction specialists, says Richard Harding, but they aren’t that much keener on arbitration as a dispute resolution alternative Almost every construction contract in the UAE contains an arbitration agreement – a fact that demonstrates a glaring lack of faith in the court system. However, the industry does not have much more belief that arbitration can resolve its disputes in a rapid, reliable and cost-effective manner. It is not unknown for construction arbitrations in the region to take years to resolve, with costs of many millions of dirhams being borne by the losing party. Is there a better way? As a result of the deficiencies in the dispute resolution mechanisms currently available in the region, the vast majority of claims are dealt with by negotiation. However, the claiming party is in a very weak position if it cannot demonstrate a credible intention to obtain an arbitration award. All too often a contractor will accept a deal that involves him simply dropping his claims in return for the employer not deducting liquidated damages. If the employer has caused the delay, the contractor is simply giving up his entitlement, no doubt in the hope that he will recover his losses on the next project. Even for employers, such a deal is only of shortterm benefit. In a booming construction market there is strong competition for the few contractors who have the resources and expertise to deliver a high-quality result on time. Employers do not want to alienate such contractors and will want to be perceived as treating them fairly. But this is not easy where claims are traditionally inflated in anticipation of a horse trade.

Quick and cheap Mediation is promoted as being quick and cheap, however, it is rarely successful in the Middle East. The primary diﬃculties being that many parties in the region want a binding decision, rather than the responsibility of agreeing a settlement, and there is little belief the party claiming money will take the dispute to court or arbitration, so there is no ultimate obligation to pay a substantial sum.

28 THEBRIEF

One solution to this dilemma is for the industry to look to developments in dispute resolution outside the region, where sweeping reforms have taken place over the past 10 years. The main developments are: adjudication, practice in the Technology and Construction Court in England, the International Chamber of Commerce paper on saving time and cost in arbitration, the International Bar Association’s rules of evidence, and 100-day arbitration. Adjudication was introduced in the UK in 1998 and is now the principal means of resolving disputes in the construction industry. It involves referring a dispute to an adjudicator, who must issue a decision within 28 days, subject to any agreed extension. The adjudicator’s decision is then binding on the parties, and the English courts will enforce compliance, with no right of appeal on fact or law. However, either party retains the right to have the dispute reheard in court or arbitration,

However, there are lessons that arbitration can learn from the experience of adjudication in the UK (and elsewhere). First, and foremost, is that parties are generally happier with a short-form procedure than with a full examination of every issue. Second, it is possible for disputes to be dealt with fairly, in a much shorter period than had previously been thought possible. Third, the techniques that have been developed in adjudication, such as lists of issues and questions prepared by the adjudicator, could also be applied to save time and cost in arbitration. The UK construction industry is fortunate in that it can call on the services of a specialist court to resolve its disputes, namely the Technology and Construction Court (TCC). The judges of this court are all highly experienced and respected specialists in the construction ﬁeld, with the judge in charge having been an engineer, leading Queen’s Counsel and international arbitrator.

“It is not unknown for construction arbitrations in the region to take years to resolve, with costs of millions of dirhams” as appropriate. But, in fact, the vast majority of parties to adjudication are satisﬁed that the adjudicator’s decision is just and do not pursue the matter further.

Statutory framework To operate successfully, adjudication requires a statutory framework, giving a right to adjudicate, and the cooperation of the courts to enforce adjudicators’ decisions with the minimum of interference. However, it seems there is little governmental support in the region for adjudication and therefore little prospect of it being introduced, at least for the foreseeable future. If it were to be brought in, the lack of experience of the courts in matters of this nature would then provide a further formidable obstacle.

Generally, the English court procedure still suﬀers somewhat from the poor reputation it gained before Lord Woolf’s reforms in 1998. However, both judges and arbitrators view the Technology and Construction Court guide as setting out best practice in many areas of complex adversarial dispute resolution. Clear guidance is given on such matters as dealing with expert evidence, when to order preliminary issues, preparing trial bundles, chess-clock hearing timetables, opening and closing submissions, and the use of transcript writers.

International remit It is also worth noting that the TCC can hear international matters, and, in appropriate cases, the judges of the TCC are available to

The development of the 100-day arbitration process must be seen as the way forward

service of experts’ reports, and oral and written witness testimony.

Time is money

sit as arbitrators. Last spring, the Commission on Arbitration of the International Chamber of Commerce issued a publication entitled Techniques for Controlling Time and Cost in Arbitration. The document sets out what amounts to internationally recognised good practice in relation to the management of arbitration proceedings. There are many who consider that the paper could have gone further, but it contains sound, basic guidance. Two of the most important recommendations in the paper are that – to save time and cost – parties should engage lawyers with experience of conducting arbitrations, and they should appoint experienced arbitrators with strong case management skills. In fact,

appointing a single suitable arbitrator is often better than having three who are less able. The hourly rate of appropriate lawyers and arbitrators may be higher, but the overall savings are invariably considerable. It is not uncommon for arbitrations, which are conducted by inexperienced lawyers before inexperienced arbitrators, to become bogged down in procedural issues regarding how evidence is to be dealt with. However, such arguments can be avoided by considered use of the International Bar Association’s Rules on the Taking of Evidence in International Commercial Arbitration. These are commonly adopted in international arbitrations, and set out guidance on such matters as the disclosure of documents, the

The longer the proceedings, the more they are likely to cost. If arbitrations can fairly be completed in a shorter period, the parties will get their result sooner, and the cost burden and risk will be reduced. The name given to a procedure that sets a short timetable, starting from the service of the defence (or defence to counterclaim, if there is one) is “100-day arbitration”. This gives both parties a fair initial opportunity to present their cases. The Society of Construction Arbitrators has published example directions for a 100-day arbitration. These include provision for a hearing lasting no more than 10 days, seven days for closing submissions and 28 days for the award. The parties (or the arbitrator) can agree a period of more or less than 100 days if required. However, the fundamental point is that substantial and complex arbitrations can be dealt with far more quickly and eﬃciently than has traditionally been the case. It should be noted that by the time a dispute has arisen, one of the parties will have a vested interest in resisting any short-form arbitration procedure. Therefore, such requirements will have to be included in the dispute resolution provisions of the contract. There is no quick ﬁx for arbitration in the Gulf. However, since the fair resolution of disputes is a necessity for both the construction industry and the wider economy, the development of techniques, such as the 100-day arbitration process must be seen as the way forward.

CONTRIBUTOR Richard Harding is a barrister at London-based Keating Chambers, specialising in construction and engineering disputes involving Middle Eastern parties. He is currently chairman of the UAE branch of the Society of Construction Law

THEBRIEF 29

SPECIAL REPORT/CONSTRUCTION

Goodbye to the handshake Property deals in the UAE have historically been agreed on the basis of a gentlemanly handshake. But, says, Nick Carnell, that informality will not stand the pressure of modern business disputes A popular myth suggests that while the US and the UK were afflicted with what became known in the 1990s as the “compensation culture” – lawyers attempting to seduce the unwary down a road that led to litigation and the enrichment of, naturally enough, the lawyers – the Gulf region had remained immune, with wiser counsel prevailing in the Middle East. An attractive theory that is unfortunately betrayed by inconvenient facts. We are all capable of getting ourselves into trouble without any help from lawyers. Moreover, the economic miracle of the UAE appears to have created a new species of dispute that seems to be particularly prevalent in the construction and property fields. It arises in this way: a great deal of development in the region is funded in large part by off-plan selling. This is far more prevalent than debt or equity funding and in a couple of wellknown instances, unscrupulous developers have absconded with purchasers’ funds. However, the more common problem – paradoxically – comes where the development is successful. From the purchasers’ point of view, between contract and completion, market conditions mean that massive profits can be secured through sale at completion or shortly after. Examples of this in the residential market are commonplace but the same phenomenon occurs in the commercial and industrial markets. For the developer, the lingering problem is that while he has obtained working finance, it is difficult to avoid the sense that he may have sold at an under-value. In a number of instances this has led to attempts on the part of developers either to re-negotiate the terms on which they are selling the site or, in some cases, to seek to rescind the contract altogether.

30 THEBRIEF

Unacceptably vague Naturally, at this point, the arguments start. While articles 125-129 of the UAE Civil Transactions Code provide clear guidance as to the elements required for a contract to come about, a frequently voiced concern is that the forms used by major developers for substantial projects are vague and open-ended to an unacceptable degree. Hence, vital elements such as precisely what is to be built and within what timescale can sometimes be left unresolved. Similarly, in projects where the developer is to provide shell and core works and the purchaser is to undertake fitting out, the exact issue of who does what is sometimes utterly confusing. Against this background, it is not surprising that if one party wishes to construct an argument to the effect that the other party has failed to do that which he ought, he probably can. Article 272 of the Civil Transactions Code provides that if a party fails to do what he is obliged to do, the other party can, by notice, either compel him to do as he obliged or cancel the contract. There is no requirement that the non-performance should be of a degree of seriousness that would entitle the other to conclude that the defaulting party had no intention of complying with his obligations. That party may be assisted by article 273(1) of the code, which provides a widely phrased provision allowing a contract to be terminated on grounds of force majeure. While there is authority from the Commonwealth (see the English case of Christie v LeBeaupin) providing that force majeure means circumstances where some supervening matter has meant that the contract cannot be performed, through no fault of either party, that is of no effect in the UAE. There is nothing to stop a party from seeking to argue that force majeure extends to the fact that the

contract has become inconvenient or uneconomic to perform. From the developers’ point of view, this may produce the desired effect of allowing an unprofitable obligation to be sidestepped or avoided. However, assuming the purchaser refuses to accept his fate without an argument, several issues arise. Key among these is that of understanding what he has actually lost. His first reaction will be to demand that the contract will be put back in place. But if the developer has already sold the project to someone else, it is unlikely that a court or arbitrator will do such a thing, especially if it appears that damages mark an acceptable remedy.

Measuring damage So what is the measure of those damages? In the case of a residential property, this is a relatively easy calculation based on the diﬀerence between purchase price at the time of the sale and the realisable price at the date when the contract was terminated.

However, in the case of commercial premises, the issue becomes more complex. For example, regarding office premises, what is the position if the purchaser intended to let the premises to tenants? What assumptions can be made about levels of rent realisable over the next year or years to come? Should any assumptions be made in relation to caps on rent increases over these periods? If the premises were to be operated as a hotel, what is the measure of damage to the intended owner or operator? What should be claimed in relation to room rates or occupancy levels? What assumptions can be made about staffing costs and over what period can damages be claimed? In each case, data is available and indeed the UAE has a well-developed fund of comparative information. Expert evidence is available from market analysts and accountants. And inevitably, the claims that result are for significant sums. There is anecdotal evidence that several claims are being pursued through arbitration although, obviously, such action are private and

the awards will remain unpublished. It is not known whether comparable claims have been brought in Dubai courts. Here we are handicapped by the lack – at the moment at least – of an eﬀective system of law reporting and the absence of any doctrine of precedent.

Casual attitude Back to the “claims culture” – the UAE is perceived as a paradigm example of capitalism in action where businessmen from across the globe can trade in an environment that supports enterprise. Unfortunately, if a feature of that system is an unduly casual attitude to contractual obligations, there is a risk that the bubble will burst simply because of a lack of conﬁdence in being able to rely on an agreement and in the region’s ability to settle disputes fairly. The issue has not gone unnoticed. The Dubai Land Department, for example, has recently made signiﬁcant attempts to achieve order through the passing of bylaw 85, regulating the dealing of real estate brokers. It has also

established the Real Estate Regulatory Authority, which will have its own dispute resolution facility with jurisdiction over real estate disputes, thus avoiding the need for parties to have dealings with Dubai courts. However, the issue comes down to clarity in expressing the obligations of the parties. It is not difficult to state clearly what is going to be built, when and to what standard. Neither is it difficult to explain what happens if particular obligations are not met. Still less, is there any mystery about providing for market adjustments to be reflected in the eventual price? While some will express regret that business is no longer transacted on the strength of a handshake, it is a reflection of the growing sophistication of the transactions done in the region that deals need to be properly recorded and must reflect the intentions of the parties.

CONTRIBUTOR Nick Carnell is a partner at the Dubai oﬃce of law ﬁrm Kennedys

THEBRIEF 31

SPECIAL REPORT/CONSTRUCTION

A change of heart Variations from original plans can be the bane of large-scale construction projects, says Paul Suckling, who warns of the costly perils of indecision The rate of growth in UAE construction work over the past five years has been nothing less than phenomenal. One of the most impressive aspects of the many massive projects currently under development is that a vast number of people work together towards a common result. It is easy to crack jokes about delays or things that go wrong, but across the board, the positive results of such widespread collaboration are there for all to see in the changing skyline. That said, things do go wrong. Delays occur and with so many people and parties involved, the scope for a domino effect of delay or complication is ever present. A common complicating factor is variations. As a project proceeds, the employer decides he wants something different, so the original scope of work is altered and issues arise regarding the timetable and payment for any extra work required. The technical expertise and flexibility to adapt to changes in the scope of works, especially where additional work is required is invariably impressive. Where problems arise is in the resolution of variations. The main objective of builders and developers is to complete their projects on time and within budget.

Contractor’s dilemma But what often then transpires throughout the life of a project is that variations are submitted to the

employer through his engineer on a piecemeal basis, without suﬃcient substantiation. The variation and resolution process is either non-existent or so paper-heavy that it is impossible for any of the parties to navigate through it to a decision. The contractor in particular is left with a dilemma – does he simply push ahead regardless, hoping that everything will ultimately be all right, or does he become contractual and stand his ground, thus potentially jeopardising the site relationship with the engineer and the employer? All too often, contractors begin the process of formulating loss and expense claims either towards the end of the project or some considerable time after it has been completed. This makes the gathering of documentation and the collection of evidence more diﬃcult, because the likelihood increases that people concerned with the project have moved on and are not available to piece the story together. Faced with this problem, the contractor often employs a claims consultant to prepare a claim, but doing so can serve only to exacerbate matters because it will be seen as confrontational by the employer – even more so if the case “goes legal”. The costs and time expended by the respective parties’ senior management in dealing with any proceedings would be better invested in prospective new projects. Even if one of the parties appears to enjoy a “result”, the relationship will probably be irreparably damaged

and the parties may not work together again in the future.

Money comes second The most common form of main contract used in the UAE is the fourth edition of FIDIC – the version developed by the International Federation of Consulting Engineers. Under this form, the variation process, including the evaluation of variations, is set out relatively clearly. In particular under subclause 51.2, the contractor is not to commence any variation to the works unless he has received a written instruction from the engineer. However, in practice, this type of instruction is either unclear or never issued. Not helpful, because if a contractor in this situation were to follow the black letter of the contract, the job would come to a standstill. That the commercial side, namely, the money, takes a secondary role is clear from the set up of the parties to a construction contract. The commercial division is usually made up of engineers. This is to be expected, as FIDIC only contemplates the engineer as the consultant to the employer. After all, the basis for FIDIC was a contract that could be used anywhere in the world, and in remote locations, where the consultant would have to have the autonomy to decide and instruct the contractor in relation to the works. Other forms of contract used elsewhere contemplate a diﬀerent structure, where quantity surveyors and project management consultants become part of the team. This is not to say that the engineer is not capable of the dual technical and commercial role, but the projects in the UAE may now be too big to expect the engineer to be a jack of all trades. The most successful contractors and developers, being those who appear to be ﬁnishing on time and are awarded the most prestigious projects, have sophisticated commercial teams to back up their site operatives and deal with the resolution of variations during the lifetime of a project. It is to be hoped that this way the commercial issues can be run in parallel with the technical, matters are sorted out as they arise and there are no nasty surprises at the end of the project.

CONTRIBUTOR Paul Suckling is a dual-qualified solicitor and quantity surveyor at the Dubai office of the law firm Ince Al Jallaf & Co

32 THEBRIEF

SPOTLIGHT/SUMMARY

inside

THE BRIEF’S MONTHLY UPDATE SECTION FOCUSES ON SPECIFIC AREAS OF LAW IN THE GULF ‘

34 Out and about

40 Resolve disputes here

Outsourcing is increasing in popularity throughout the world as businesses seek to streamline their operations. As more international telecoms and IT companies choose to set up in the Middle East, outsourcing looks set to become a way of life. Andrew Sharpe reports.

The inauguration of the association between the London Court of International Arbitration and the DIFC Arbitration Centre put the region ﬁrmly on the dispute resolution map. But the DIFC’s centre is not the only forum for recourse. William Frain-Bell looks at the various options on oﬀer in the region.

37 On the back foot

42 Economic driver

A new “fronting” law governing and controlling the activities of businesses operating in the UAE was set to come into eﬀect in November 2007. But fear over the legislation’s potential impact on foreign investment in the region has delayed its implementation. Michael Grose analyses the key concerns.

Staying with the arbitration theme, Andrew Cooke paints the backdrop for an increasingly popular form of dispute resolution in the Gulf – particularly for the many Anglo-European construction and engineering concerns that are well-versed in the beneﬁts of using it as an alternative to more traditional forms of litigation.

38 Kuwait’s taxing times Recent tax legislation is designed to attract foreign investment to Kuwait, where a past paucity of reforms to diversify economy and reduce legal impediments to foreign investment has been crucial in the country’s relative decline. But long-awaited changes are gradually appearing on the horizon, says David Pfeiﬀer.

THEBRIEF 33

SPOTLIGHT/OUTSOURCING

Out and about With outsourcing gaining popularity among businesses in developed countries, Andrew Sharpe looks at the pitfalls and offers advice on how to get it right Judging by the number of telecommunications and IT service companies from America, Europe, China and India setting up in the Middle East, it appears that outsourcing is likely to feature increasingly in 2008. And in-house or external lawyers are often the only people able to check the outsourcing process and apply some objective analysis to the proposed deals. The lack of outsourcing experience of some management teams is exacerbated by the normal reasons for deciding to move to an outsourcing relationship – to save money, to convert capital costs to expenditure costs (sale and leaseback), or to export a difficult problem to an industry expert. These are short-term considerations, which divert management focus from the long term. An outsourcing project is essentially a procurement project for a long-term commercial contract. As a result of the well-publicised failures in public procurement in countries such as the UK, there is recognition that many organisations outsourcing for the first time need project management assistance. The UK’s Office of Government Commerce (OGC) in particular has published extensive materials online to support project (outsourcing) management. These include an online step-by-step guide, with links to guidance notes on all key topics, which should be required reading for inexperienced outsourcing teams. Outsourcing is normally structured as a transfer of an outsourcer’s function or process to a third party service provider (or supplier). This is documented in an outsourcing agreement that is an amalgam of a business sale and long-term services’ agreement. Joint venture arrangements are often overlooked – these are a standard method of ensuring that the parties to the deal maintain a degree of ownership and control that is not otherwise present in outsourcer-supplier arrangements. This has particular implications for the transfer of assets, including intellectual property and employees.

Value for money Often, customers fail to include detailed service requirements in their outsourcing contracts. This can lead to the supplier levying high charges for services not included in the original contract. Customers should carefully analyse the services provided by existing in-house teams prior to any outsourcing and the assets used to provide

34 THEBRIEF

those services. These services and assets should all be included in the contract. Customers should run “what if?” exercises through their outsource model with the supplier to ensure all gaps are covered. Customers may not realise that the outsourcing supplier might lack capability in a certain area. This could cause a drop in service levels after transition. The answer is to review and explore references sites carefully pre-contract. Especially around service delivery, a customer should: carry out due diligence to compare its existing capability and service levels against those of the outsourcing supplier create a due diligence process, which needs to be added as an activity in project plan maintain full visibility over use of the supplier’s subcontractors and retain a right of veto over the choice of key subcontractors Once outsourced, a customer may ﬁnd that it is not receiving value-for-money on an ongoing basis. The contract should provide for continuous benchmarking added to non-exclusivity (in other words, the customer can go elsewhere for a particular service if the supplier fails to perform as promised). The contract should reward cost savings with revenue share between the parties. Service credits ought to be built into contract and a process for dispute resolution and arbitration should be deﬁned. The contract should build in mechanisms so that the contract management team can monitor value-for-money on an ongoing basis.

Defining service levels A clear risk is that an outsourcing supplier may fail to provide the contracted services to the required levels of availability, stability, reliability and performance. The contract must include service review checkpoints throughout the “adoption” phase and require sign-off before final adoption. All service levels should be tightly defined, with appropriate incentives or penalties (service credits/liquidated damages payable by the outsourcing supplier) to ensure the supplier keeps to the service levels. Suppliers’ standard outsourcing legal terms and conditions often state that service credits or penalties are the customer’s exclusive remedy if there is a breach of service levels. This ought to be resisted, unless the customer is completely confident that the penalties are set at an adequate level. Customers should also be able to recover all potential losses (consider various

categories of indirect/consequential loss) and have a right to terminate for persistent breach of service levels. Alternatively, customers may wish to consider having the ability to “step-in”, in other words, temporarily to take back parts of the outsourced service, and/or retender parts of the services. Often the premature disclosure of an outsourcing initiative can cause anxiety to customers’ staff, resulting in lower productivity, staff leaving and introduce the need for management containment activity. Before any outsourcing, customers should create an internal and external communications strategy to cover all stakeholders to the outsourcing. Staff should be briefed on the intention to review outsourcing options as part of “business as usual” activity. The customer ought to identify key members of staff and provide incentives for them to stay. The customer’s human resources team should prepare a communication plan. Customers routinely underestimate the time and resource required to manage the “people issues” concerned with an outsourcing. It is essential to identify a small number of managers to focus on the “soft” skills of managing the people affected, with planned human resources department help to provide support, training and guidance as required.

Contract management The needs and business strategies of customers are almost inevitably going to change over the life of the contract (for example, additional services could be required), but this is often overlooked. The contract should establish a clear method of incorporating new projects, with rigorous change control procedures and an agreed mechanism for pricing any such additional services. The customer should conduct scenario planning to test its ability to introduce new services. The contract should have a ﬁxed time frame and should include break clauses with known penalties to give the customer an exit if there is a major change in its corporate strategy. Customers often forget that once a service is outsourced, it must still be managed. They often do not retain the internal capability to manage the contract. It is essential that a retained team is appointed and trained in contract management. The training should start as soon as is realistically possible. The contract should establish outsourcing governance to monitor contract performance and internal capability. Ideally,

the customer should recruit staﬀ with dedicated relationship management skills. With its capability outsources, customers need to be careful that their technology base does not fall behind that used by the customer’s competitors. The contract should include obligations (or incentives) for the supplier to provide “technology refresh” or continuous improvement. The outsourcing supplier should be required to keep up with technological advances by conducting technology benchmarking (and robust change control procedure), in the same way as for value-for-money benchmarking.

Exit strategies Most outsourcing deals eventually come to an end. The customer does not want to be left without any services if the contract terminates for any reason (whether early or at the end of the planned term). The contract should include or provide for the creation of a detailed exit plan, which sets out the termination services that the outsourcing supplier would be required to provide on termination (including transfer of outsourced services back to the customer and/or to a new outsourcing supplier) and any related exit/ termination costs. Ideally, where continuation of services is critical and diﬃcult, the contract should provide for a long notice period for termination. As a result of the numerous matters to be considered in an outsourcing deal, outsourcing contracts are often long documents. While no one likes lengthy agreements, in the case of outsourcing, they can be diﬃcult to avoid. The contract is often the only document that can act as the project handbook to set out what the outsourced services are going to be, the process of transferring services from in-house to the outsourcing supplier (and back again at contract exit) and the procedures for ongoing management of the services (including the calculation and payment of charges, the monitoring of performance and change management). A well-drafted outsourcing agreement is an essential tool in ensuring a successful outsourcing project. For additional information, see: www.ogc.gov.uk Roll of the dice: Are attempts to cut costs through outsourcing a bit of a gamble?

CONTRIBUTOR Andrew Sharpe is a partner at the London-based law ﬁrm Charles Russell

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SPOTLIGHT/FRONTING

On the back foot Provisions in the new fronting law have caused concern. So it is no wonder that implementation has been temporarily shelved, reports Michael Grose One of the last legislative acts of the late UAE president Sheikh Zayed was to pass Federal Law No 17 of 2004, combating business fronting. Recognising the potentially seismic consequences of this law on business practices in the UAE, the law provided that it would take eﬀect three years from the date of its publication in November 2004. Naturally, the business community has carried on since then in much the same way as before. However, when the moratorium expired on November 15, 2007, concern about the eﬀects of the law began to resurface.

Wide coverage On a macro level, the fronting law prohibits all fronting, deﬁned as: “Enabling a foreigner, whether an individual or corporate person, to carry out any economic or

professional activity prohibited for him by the laws and resolutions in force in the United Arab Emirates.” Although precisely what amounts to fronting will depend on how the law is applied. There are many activities that are commonplace within the construction sector that may be outlawed. For example: sole proprietorships or trading establishments that are owned or controlled by foreign nationals under the umbrella of a trade licence held by a UAE national arrangements between shareholders of limited liability companies that create the appearance of transferring ownership of more than 50 per cent of the shares to non-nationals purchasers of property by UAE nationals on behalf of foreigners outside the areas designated for foreign ownership

The business community: what will count as “fronting” in the future will depend on how the law is applied

arrangements between local engineering practices and contractors or foreign consultants whereby the local consultant agrees to act as “engineer of record” so as to obtain a building permit unincorporated joint ventures that do not comply with the requirements of article 56 of Federal Law No 8 of 1984 (the Commercial Companies Law) The fine levied for fronting may not exceed AED100,000 but, for anyone tempted to view such a fine as an acceptable business risk, a repeat offence carries with it a further fine and potential imprisonment for up to two years. In addition, an offender’s registration for the fronted activity shall be cancelled for between two to five years. Irrespective of the fronting law, arrangements of any type that are designed to facilitate the performance of activities for which a business is not specifically licensed are inherently risky. But, by elevating the risks to a new level, the fronting law’s consequences are potentially far reaching.

Implementation shelved Unease over the effect of the law has been widespread since its publication. Therefore, it is hardly surprising that the implementation of the legislation was quietly shelved at the end of last September. Cabinet decision 229/12/2007 – which at the time of writing is still awaiting official publication – instructs the Ministry of Economy to: present a detailed study setting out a mechanism and methodology for phasing in the law make recommendations for sectors to which the fronting law should be applied initially and the priorities for its application consider the sectors within which foreign investors should be allowed to own in excess of 50 per cent of the shares of a limited liability company prepare an awareness campaign, including a guidance note on the law’s application Interestingly, the cabinet decision acknowledges, by implication, the need to reach a long-awaited conclusion on amendments to the UAE’s companies laws and on the introduction of a foreign direct investment law. The combination of economic growth, liberalisation and proliferation of free zones has made an overhaul of the UAE’s economic policy towards foreign direct investment a matter of urgency. In the absence of such reform, the fronting law risks being a backward step. If the December 2009 postponement is an indication of the timetable for the much-anticipated regulatory changes, many foreign companies looking to invest in the region will be disappointed. However, it is possible that the Ministry of Economy recognises the scale of the task ahead and is working on significant changes to the legal and economic environment – of which the introduction of VAT is one part – in preparation for taking the economy to another level. Whether or not this is a correct reading of the cabinet decision, the fronting law’s postponement is welcome news.

CONTRIBUTOR Michael Grose is a partner in the construction department at the Dubai oﬃce of law ﬁrm Clyde & Co

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SPOTLIGHT/KUWAIT

Taxing times in Kuwait Recent ﬁscal reform legislation is designed to attract foreign investment to Kuwait. David Pfeiﬀer assesses its prospects for success While much of the Gulf region has been transformed over the past two decades, Kuwait has been in near political, economic and legal stasis over the same period. The paucity of reforms to diversify the country’s economy and reduce legal impediments to foreign investment have been crucial elements in Kuwait’s relative decline. But long-awaited changes are gradually appearing on the horizon. Historically, most prospective non-GCC foreign investors have pointed to two major legal impediments to their entry into the Kuwait market – laws limiting non-GCC foreign ownership of Kuwaiti companies to 49 per cent, and a regressive tax code that is enforced

38 THEBRIEF

only against non-GCC entities and a staggering top rate of tax on the Kuwait-source income of such companies of 55 per cent. The Kuwaitis have ﬁnally taken steps to reduce or eliminate these impediments. Alleviating concerns relating to mandatory local control was the impetus behind one of Kuwait’s most recent attempts at attracting foreign investment – Law No 8 of 2001 (the Foreign Investment Law) and the related formation of a government body to manage foreign investment, the Kuwait Foreign Investment Bureau (KFIB). The law allows for up to 100 per cent foreign ownership of Kuwaiti companies, as well as signiﬁcant tax holidays.

Kuwait’s Emir, Sheikh Sabah Al Ahmad Al Jaber Al Sabah (far left), made changes to the country’s tax code last month making its tax regime more liberal

In the past, non-GCC foreign investors have used practical mechanisms to maintain de facto control over joint venture companies in which they own only 49 per cent as a matter of public record. For example, management of the day-to-day aﬀairs of the company is often transferred to the foreign investor’s secondee general manager and voting proxies have essentially given control of corporate policy matters to the foreign party.

Relief to disappointment The response to the Foreign Investment Law by non-GCC foreign investors was relief, as they have never felt entirely comfortable with these control mechanisms. But that sense of relief soon became genuine concern when it took nearly two years for the implementing of regulations in the law to become eﬀective. Concern quickly turned to disappointment, as it became clear that the law appeared to be mainly for the purposes of appeasing western powers in the World Trade Organisation and related negotiations. Among the many problems with the Foreign Investment Law is that complete and thorough applications that are ﬁled in a timely fashion are, as a practical matter, not acted on for months or even years. Moreover, while the records of the KFIB are not public, it is understood that no more than a dozen licences have been granted under the legislation since 2001. Four of those dozen licences were granted to nonGCC foreign banks to operate in Kuwait. While a good

“It is hoped the new tax regime will allow the KFIB to take a more liberal approach to granting foreign licences” symbolic move towards liberalisation, those non-GCC foreign banks are allowed to open only a single office in Kuwait. The effect is that those banks are unable to provide retail or even small commercial banking services from their single branches. Most other licences apparently were granted to pre-existing, Kuwaiti government-sponsored or encouraged projects driven by political considerations (for example, the Equate petrochemical project), or granted on the basis that the non-GCC foreign investor could maintain 50 per cent of the ownership of the Kuwaiti company rather than merely 49 per cent. Notwithstanding this uneven history, the KFIB appears to be taking steps to increase the pace of review of licence applications. The grant of a number of additional non-GCC foreign bank licences appears imminent. In addition, it is understood that no fewer than two dozen licence application files have been reopened for consideration. It is understood that the reticence of the KFIB to grant licences has had less to do with allowing foreign control over local enterprises than with the fact that applicants for licences also apply for tax holidays under the Foreign Investment Law. Because of the draconian nature of the Kuwait tax regime, the grant of a licence with a tax holiday would give non-GCC foreign investors a significant advantage over existing joint ventures that do not have such a tax holiday.

Five years of sloth In effect, inaction by the KFIB over the past five years has simply ensured that few, if any, local joint venture companies enjoyed the benefits contemplated under the Foreign Investment Law, including tax holidays – the playing field has been level, but in a fashion that made Kuwait unattractive to virtually all non-GCC investors. On February 8, 2008, the Emir signed Law No 2 of 2008, which includes a number of fundamental amendments to Decree No 3 of 1955 (the Tax Code). The amendments abolish the current tax regime that

results in profits of non-GCC foreign companies being taxed up to 55 per cent and replaces it with a flat tax rate 15 per cent. Many view this as the first serious step towards market liberalisation in Kuwait since its independence in 1961. In addition to lowering the income tax rates on non-GCC foreign companies, it is hoped that the new tax regime will allow the KFIB to take a more liberal approach to granting foreign investment licences, ultimately providing non-GCC licence applicants greater likelihood of obtaining legally recognised control of their joint ventures. The new flat tax rate applies to net income earned on the following: Contracts that have been executed fully or partially in Kuwait The sale, lease or exploitation of any trademark, patent or copyright Commissions Profits generated from commercial or industrial business The exchange of assets The sale or purchase of real estate The rental of property and the providing of services Capital gains earned through trading shares on the Kuwait Stock Exchange – whether directly or through mutual funds – are not taxable under the new regime. The new law also provides that losses incurred by non-GCC foreign companies can be set off against past profits for up to two years. Few doubt that there is a shift under way with respect to non-GCC foreign investment in Kuwait. Many take the view that the Kuwait Stock Exchange will be the first beneficiary of this shift. It has a local and relatively stable history and has proved to be an economic engine for many companies. Publicly traded local companies, such as the National Bank of Kuwait, National Industries Group, Agility and Zain, are widely respected in the region and transparency with respect to the tax treatment of non-GCC foreign shareholders in such public companies is expected to bolster interest in the stock exchange. Other expected early beneficiaries are international service companies, particularly in the areas of leisure, health care and education, and manufacturing companies in infrastructure and certain consumer goods. Regardless of who benefits from the recent changes in Kuwait law, there is spirit of optimism locally that has not been experienced since well before the Iraqi invasion.

CONTRIBUTOR David Pfeiffer is a partner at the Kuwait office of the law firm Bryan Cave

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SPOTLIGHT/ARBITRATION

Where best to resolve disputes? Several years ago Dubai had no forum for arbitrating disputes – now it has two. But, asks William Frain-Bell, is the best venue 90 miles south? On page 42, Andrew Cooke paints the backdrop for a popular form of dispute resolution Photographs of Dubai in the 1970s gave little indication that within 30 years the same landscape would provide the bedrock for one of the most exciting international arbitration centres of the 21st century. But evidence of the UAE’s bright future as an international arbitration centre was highlighted last month with the announcement of a joint venture between the London Court of International Arbitration (LCIA) and the Dubai International Financial Centre (DIFC) Arbitration Centre. In its 100 years of existence, the LCIA has never been associated with an arbitration centre outside London. So Dubai appears to have seized the initiative within the Gulf region and is clearly keen to make its mark in the world of international arbitration. However, in true Emirati tradition there is competition within Dubai in the form of the Dubai International Arbitration Centre (DIAC) located on the other side of Al Maktoum Bridge. Run by the highly capable Hussam Al Talhuni, the DIAC has had the ambition for some years of becoming a fully ﬂedged arbitration court to rival anything in Paris or elsewhere. Indeed, the DIAC is already training its own arbitrators and seems unfazed by the DIFC centre. While talk of rivalry between the two centres is dismissed by those in the know on the basis that the DIFC, with its own legal system, oﬀers a uniquely bespoke service. What is clear is that the rainmakers in Dubai feel they are on to something good with international arbitration. This year has not only seen the alliance between the LCIA and the DIFC, but also the completion of a new draft arbitration law for the UAE.

World class Described as a “world class law”, the proposed legislation adopts the 1985 United Nations Commission

40 THEBRIEF

on International Trade Law (UNCITRAL) Model Law and also includes many up-to-date provisions to make it as effective as possible within the UAE. In particular, it contains powers to allow tribunals and courts to order a broad spectrum of interim measures. In short, many hope that when the law is ratified it will be the catalyst required to propel Dubai and the UAE into the premier division of global international arbitration – even though it will not apply to arbitrations held within the DIFC, which will come under the jurisdiction of the DIFC’s own legal system. Dubai-based lawyers are optimistic about arbitration and Dubai generally. “They will do here in 15 years what it took New York 100 years to do,” one practitioner said recently. Indeed, if the building industry continues at its current pace, there is going to be a healthy dispute resolution market on the back of it and a requirement for lawyers. In 2006, I shadowed the arbitrator in a case involving parties from Pakistan, the Cayman Islands and Dubai. A lot of money had been paid into a company by an Islamic investment vehicle (claimant) for a specific purpose, but the respondent’s directors had decided, without consulting the investors, that the purpose should be turned on its head. While there were several material breaches of contract, the cultural differences between the parties were such that the respondents couldn’t understand what all the fuss was about. They thought the contract was simply an expression of general intent between the parties. Unfortunately for the arbitral team, settlement was reached 48 hours before the scheduled hearing in Dubai. This experience illustrated that while no medium for dispute resolution is perfect, arbitration must have a future in the region, as all of these buildings must

be ﬁnanced, designed, built, occupied, serviced and maintained. The scope for resulting problems was huge and that was just with the buildings – problems emanating from other sectors in the region are likely to lead to another seam of arbitration work.

Enforcement Over recent months, there has been a series of conferences on arbitration in the Middle East, and they all ultimately had to address the issue of enforcement. There is no real answer at present, as it has not been fully tested before the local UAE courts. However, it will not be long before it is and it is unlikely that the local courts would fail to enforce an arbitral award made in Dubai or indeed in another emirate. Such a failure would severely damage the international perception of arbitration in Dubai and it is something from which the UAE would struggle to recover. When, in the late 1990s European lawyers were beginning to see and understand the beneﬁts of arbitration, they realised that arbitrations not only required a good legal system and rules, but also needed to be held in locations with a viable infrastructure to support lengthy hearings involving people from all over the world. In Ireland, it was known as the “après ski test” – in other words, can the people coming for these hearings be accommodated? In that country the answer was a resounding “yes” and for several years international arbitration was Ireland’s third biggest earner. Does Dubai pass the après ski test? There are plenty of hotels and facilities, and even the indoor ski slope itself, but getting into a decent hotel at short notice for a reasonable price can be diﬃcult, especially if your arbitration coincides with a major conference. Is there

Many are banking on Abu Dhabi as the place where international arbitration in the UAE could take off perhaps anywhere else nearby that might be able to offer all the technical benefits along with the lifestyle required to accompany them?

Abu Dhabi’s the future Many are banking on Abu Dhabi as the place where international arbitration in the UAE could take off. It is close to Dubai, has its own arbitration centre, 10 per cent of the world’s oil reserves, a superb esplanade, one of the world’s few “seven-star” hotels and with the construction of Saadiyat Island, it will soon offer the Louvre and the Guggenheim. And, from the perspective of dispute generation, in addition to problems emanating from Dubai, Abu Dhabi is where several central UAE organisations are based, such as the National Railway Authority, the UAE Central Bank and from where the local stock exchanges are governed by the Emirates Securities and Commodities Authority. There is bound to be a vast increase in regulatory issues that will require arbitration. Abu Dhabi also has something else – excellent infrastructure, which makes it a pleasant place from which to operate. With Dubai having a hotel occupancy rate of 96 per cent (the highest in the world) running a lengthy arbitration from Abu Dhabi, where life is a little less hectic, has its attractions. Traffic moves faster, the airport is quieter and Abu Dhabi is an emirate anxious not to be eclipsed by Dubai. It might just be that in 10 years’ time, when business and lawyers think of international arbitrations and Dubai, they think of Abu Dhabi as the place to be holding them. With the Louvre in place, it will be a bit like Paris.

CONTRIBUTOR William Frain-Bell is a barrister at the Edinburgh-based set, Terra Firma Chambers

THEBRIEF 41

SPOTLIGHT/ARBITRATION

Driving economic growth There has been an increasing recognition on the part of local authorities across the Gulf over the past two decades that established and respected arbitration infrastructure is a driver for economic growth. It is viewed in its own right as being attractive to outside investors – particularly the many Anglo-European construction and engineering concerns that operate in the region and are well versed in the benefits of arbitration as applied to their disputes. As the UAE Ministry of Economy noted in an announcement at the beginning of last month of its proposals for the UAE’s first full procedural law relating to arbitration, the introduction of legislation and the implementation of arbitration awards “is in line with the ministry’s efforts to modernise economic and trade laws and legislation to keep pace with current and future national economic growth”. Following this announcement, the Dubai International Financial Centre (DIFC) issued its proposed new arbitration legislation for public consultation and launched an arbitration centre in conjunction with the London Court of International Arbitration. These moves form part of the DIFC’s mission to act as a “catalyst for regional economic growth, development and diversification”. Enactment of new arbitration legislation, for both the UAE and the DIFC, is likely to take place during the first half of this year. However, there remains some misconceptions about arbitration, particularly the advantages and disadvantages of resolving disputes in this way rather than through the more traditional route.

Practical details To the untrained eye it would appear that arbitration is not materially diﬀerent from litigation. For example, like litigation, arbitration is adversarial – one party will argue one interpretation of the facts, the other will take a contrary position and a neutral observer

42 THEBRIEF

will decide which one he favours. Indeed, many of the stages of an arbitrated dispute are the same or similar to the stages of litigation. Each party will put their argument in writing, documents and witness evidence will be exchanged and eventually they (or their legal advisers) may have the opportunity to put their case orally. The differences between litigation and arbitration lie in the practical details. First, and foremost, arbitration is a choice. In the vast majority of instances, parties to arbitration will find themselves before a tribunal (being the term for the arbitral “court”) as a result of a clause in a pre-dispute contract. Ideally, such a clause will have been included because the contracting parties have considered the benefits of resolving their disputes by arbitration and drafted their arbitration clause accordingly. If drafted correctly, the arbitration clause will tell the parties where their dispute will be arbitrated, how many arbitrators comprise the tribunal and the rules by which all parties must abide. The clause, or the rules chosen by the parties, may also make clear that the arbitration is to be conducted in private, and the proceedings treated as confidential. While confidentiality of arbitral proceedings is often highlighted as being one of the key benefits of arbitration, it is far from being the only area in which arbitration can offer advantages over litigation. If used effectively, the ability to choose and shape the arbitral process can be as important. This flexibility allows two parties from different jurisdictions to resolve their dispute under a set of rules and a language they both understand in a venue that is neutral and mutually convenient. This can be useful in avoiding suggestions of “home advantage” when litigating before the courts of one counterparty’s incorporating state. In addition, most arbitration rules offer significant scope for adapting the procedure to suit the particular circumstances of the dispute, including the ability for the parties to agree

“There is a willingness to foster a positive environment for arbitration in the region” the procedure for choosing and appointing the tribunal. While this ability to tailor the process has traditionally been one of the main attractions of arbitration for parties operating in the construction industry (as parties can adopt specialist rules developed within the industry for the resolution of their disputes, and can appoint arbitrators with expertise in the technical aspects of the dispute), it is equally applicable to other industries and institutions where disputes are often highly technical. Using an arbitrator with knowledge of a particular industry or area can save time in the arbitration, making the process more eﬃcient and cost-eﬀective.

Enforceablity Another unique selling point of arbitration is enforceability. An arbitration will usually be legally binding, and, in referring their dispute to arbitration, the parties will have waived their rights to appeal against the eventual award. When the tribunal reaches its decision, the “winning” party will hold an arbitral award, which it must enforce in the most appropriate jurisdiction (usually that in which the “losing” party’s assets are located). In contrast to the position with court judgments, there has been widespread uptake of international treaties for the reciprocal enforcement of arbitral awards, the most signiﬁcant of which is the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“the New York convention”). In the Mena region, all but three states (Iraq, Libya and Yemen) are signatories to the

convention, and there are 142 participating states worldwide. What this means, in theory, is that the holder of an arbitral award issued by a tribunal in, for example, London or Paris, can bring its award to the courts of approximately three-quarters of UN member states and those courts will recognise the award without a re-examination of the facts behind the relevant dispute. Having recognised the award in this way, the courts will then allow the holder of the award to enforce against assets within the relevant jurisdiction, subject to certain limited defences. This contrasts, in most instances, with the position of a holder of a judgment issued by a national court – for which international treaties for reciprocal enforcement are limited – who may be required to engage in further lengthy court proceedings to re-examine the facts in dispute before the courts of each jurisdiction in which he is looking to enforce his original judgment. As can be seen from the enthusiastic adoption of the New York convention by Gulf states, there is a real willingness to foster a positive environment for arbitration in the region. This has, in turn, led to the rapid and recent development of arbitration laws, rules and institutions. The latest jurisdictions to consider issuing new laws are the UAE and the DIFC. Since both of these jurisdictions seek to apply the best in arbitration practice, they have taken, as their starting point, the model law on international commercial arbitration issued by the UN Commission on International Trade Law, which is recognised as the accepted international legislative standard for a modern arbitration law. It is hoped that this application of best practice will attract users of arbitration to the Gulf and further develop expertise in this area of dispute resolution.

CONTRIBUTORS Andrew Cooke and Dominic Hennessy are associates in the dispute resolution department of the Dubai oﬃce of law ﬁrm Norton Rose

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LAWYER’S CORNER/SUMMARY

inside A CLOSE LOOK AT THE REGION’S LEGAL PROFESSION

46 Firm focus

50 Over here

London-based, Anglo-German magic circle law firm, Freshfields Bruckhaus Deringer, launched in Dubai in 2005. Kathryn Young meets the main team and looks at the progress the firm has made in the Middle East over the past three years.

While many UK-based law firms have a relatively long history in the Gulf region, their US counterparts have been slightly slower off the mark, but they are now beginning to flock to the region. Shane Morton looks at the recruitment issues faced by the firms leading the charge.

49 Changing attitudes

52 Q&A

A low self-opinion can be the biggest obstacle to psychological improvement. Perception of one’s self must be challenged before the perceptions of others can be changed. The ﬁrst step to overcoming negative beliefs is to identify what you think about yourself, says our life coach, Loma Tai.

Which Dubai law imposes a 10-year liability period on developers for structural defects from the date of the project’s completion certiﬁcate? What sort of relationship does “partnering” best describe? How many individual islands are set to form Dubai’s World project? Find out in legal logic.

THEBRIEF 45

LAWYER’S CORNER

A fresh approach Compared with some global law firms in the Gulf, Freshfields is a relatively new arrival. But, finds Kathryn Young, the magic circle practice has made a big impact If some law firms lead and others follow, then Freshfields Bruckhaus Deringer undoubtedly falls into the former category. Though relatively late to open an outpost in the Middle East when compared to several of its international rivals, the Londonbased Anglo-German magic circle firm has made up for lost time and now has a significant presence in the region. The firm received its licence to practise in Dubai in May 2005 and opened its office under the leadership of Joe Huse and Eric Milne. The outpost has since grown exponentially – there are now 35 fee earners and eight administrative staff in Dubai – and more recruits are expected imminently. However, the team is keen to stress that any growth is controlled and additional recruitment is demand-led. “It would be very easy to employ another 20 or 30 lawyers at our Dubai office,” says Huse, managing partner in Dubai and head of the Middle East and North Africa (MENA) practice group. “But we are not going to do that. The earmark of the Freshfields brand is quality and we will not do anything to compromise that,” he continues. There is certainly little doubting the quality of the Freshfields brand. Created on August 1, 2000, as a result of the merger between Freshfields, Deringer Tessin Herrmann & Sedemund and Bruckhaus Westrick Heller Löber, the step was described by the Financial Times, as “probably the most significant pan-European

46 THEBRIEF

merger to date in the restructuring of Europe’s legal services”. The firm has subsequently gone from strength to strength and now has more than 2,400 lawyers working across 26 offices in 15 countries. Having worked on seven of the top 10 M&A deals of the year in 2007, it was no surprise that Freshfields was the top-ranked legal adviser on European mergers and acquisitions in Bloomberg’s primary adviser rankings and the practice was recently named law firm of the year in the 2008 Legal Business Awards in London – to name but a couple of the accolades the firm has won.

Good spread Evidence suggests that the Middle East practice will further strengthen Freshfields’ international reach. With teams of lawyers already on the ground in Dubai, Bahrain and Saudi Arabia, Freshfields is still on the lookout for more opportunities to grow. “We are probably one of the firms with the best spread,” says Bruce Embley, head of the firm’s MENA corporate practice. “But I think it is fair to say that we are also looking at the other usual suspects – in particular Abu Dhabi and Qatar. They are definitely on the radar. I am not saying that anything will happen, but it would be irresponsible of us not to consider those jurisdictions,” he says, hedging the firm’s bets. And, while keeping an eye on the movements of its main competitors,

Freshfields will not be overly influenced by its rivals. “We won’t run into places just because others are there; we will only ever take a decision to go into a market if it fits with our internal strategy,” Embley says. “Similarly, we are not afraid to go into new places first. We were the one of the first international law firms to set up in Singapore, for example.” Such controlled growth and considered expansion has clearly not gone unnoticed. “A client once mentioned to one of our partners that they didn’t take much notice of most moves and of firms opening

new outposts, but they always take notice when it is Freshfields as they know there is a proper reason for it,” recalls Embley. Freshfields is also unique, particularly in the highly competitive Middle East market, in its decision to grow organically. “We have seen the circus that has happened over here with a number of our competitors running around raiding collateral from here, there and everywhere. That is not how we go about doing things,” explains Embley. Rather, Freshfields prefers to bring through its own people and utilise the pool of home-grown

LAWYER’S CORNER

talent available to it in the various jurisdictions in which it chooses to practise. This concern for local legal communities has meant that Freshfields enjoys a mutually beneficial relationship with local firms.

Regional ties Such strong regional ties cannot be underestimated – and they are particularly beneficial in the Middle East. “We have excellent relations with many of the ‘local’ law firms over here and a lot of respect for the local bar,” reveals Huse. “Though you can’t really categorise them as ‘local’ as so many of the firms have a wide selection of international lawyers and an international reach.” It helps that Freshfields, as is the case with a lot of the Western law firms, is rarely in direct competition with the regional players. “There is often a role for a local law firm in the sort of work that we are chasing, but it is a different role than that which Freshfields would

want to play. We enjoy a symbiotic relationship with the local firms – we think that we are good for them and they are very good for us,” reveals Huse. This will doubtless stand Freshfields in good stead as the firm increases its push into Saudi Arabia. Bob Charlton, formerly a partner in the London finance practice, has relocated to the region to head operations in Saudi. Veteran energy and infrastructure partner, Charles July, has also just transferred to the Middle East to add further weight to the regional taskforce. “A lot of the infrastructure practice is Saudi based and a considerable proportion of documentation is governed by Saudi law. We therefore have to work very closely with a local lawyer who advises us on how deals fit with Saudi law,” explains July. “By identifying the best local law firms to work with, we have developed this relationship and formalised it. We now have an

“The international nature of the clients we represent means they throw up work across the rest of our network” arrangement whereby a scion of one of the kingdom’s leading law firms, Salah Al-Hejailan, practises in association with ourselves. It is a mutually beneficial arrangement,” he continues. Clearly the Gulf region is high on Freshfields’ agenda. “As you can see, we are bringing some of our top talent to the region,” points out Huse. “We are very lucky in that we have managed to build a team of extraordinary lawyers and that we are therefore able to deliver a high level of service.”

Heavyweight clients Freshﬁelds has certainly succeeded in building an impressive Middle Eastern client base: Emaar, Emirates, Saudi Telecom and

Dubai International Capital (DIC) are just some of the regional heavyweights in its portfolio. And the management team maintains that the firm can cater to their individual needs. “The international nature of the clients that we represent in the region means that they throw up work across the rest of the Freshfields network – as you can see from the DIC’s recent interest in Liverpool Football Club,” explains Embley. “Freshfields’ global reach allows that to happen seamlessly and flawlessly,” Huse reinforces. The firm’s desire to provide a full service has meant that it is quick to adapt to the changing marketplace. “Clients now expect – and therefore demand – a higher

WHO’S WHO AT FRESHFIELDS BRUCKHAUS DERINGER

JOE HUSE

BRUCE EMBLEY

BOB CHARLTON

CHARLES JULY

Managing partner of Dubai oﬃce and head of Middle East and North Africa practice group. Joined Freshﬁelds in 1991 and has been a partner since 1995. Specialises in energy, telecoms, transport, water and international arbitration.

Partner and head of the Middle East and North Africa corporate practice. Joined in 1998 and became partner in 2005. Specialises in public and private mergers, securities issues, acquisition work, corporate restructuring and corporate governance.

Head of finance division. Joined Freshfields as a partner in 1999. Experience in banking and finance assets having advised lenders, borrowers, arrangers, manufacturers, lessors and lessees. Will be based in Riyadh to oversee Saudi operations.

Head of energy and infrastructure. Joined Freshfields in 1981 after studying law at Oxford University. Made partner in 1988. Specialises in infrastructure project development and financing. Acts for trade, strategic and financial investors.

THEBRIEF 47

LAWYER’S CORNER The DIC’s interest in Liverpool Football Club shows the international nature of Freshﬁelds’ clients and the work they throw up across the ﬁrm’s network

standard of work across the board. They want a different quality of advice and a different quality of solution,” Embley comments. Huse agrees: “There is a trend towards clients looking for more than just legal advice – they are now after a trusted business advisor. And this is what Freshﬁelds typically offers.” Another development that the ﬁrm has noticed during its time in the region is that the increase in work has created more opportunities for different practices to exploit. “The

Middle East now plays host to different levels and types of work. As the region has matured, the market has adapted accordingly and increasingly there are now ‘horses for courses’,” Embley says. Embley says there remains further scope for growth. “Even Dubai has yet to develop to its full potential, let alone the rest of the Middle East. Look at Saudi, for example. It is often described as the ‘sleeping giant’ and it is now starting to wake up. How much work will that throw up when it

“Saudi is often described as the ‘sleeping giant’. How much work will that bring when it is ﬁring on all cylinders?” 48 THEBRIEF

is firing on all cylinders? And you could say the same for a number of jurisdictions across the region,” he says. At the same time more US firms are waking up to the opportunities the region has to offer and are prepared to take the plunge into the increasingly chartered waters. “The Middle East is now on the radar for every major international law firm,” says Huse. “The only surprise really is how long they took to arrive. Though saying that, we have already had an example of an American firm that set up in the region and subsequently has now left,” he continues. But at Freshfields for the time being, the Middle East environment just continues to get better. “There is always a tipping point where the magic circle firms look to work

on the most high-value premium transactions,” reveals Embley. “And I think we have the tipping point just about right. We are in the enviable position where we don’t have to chase work and our priority is making sure that the work we are involved in is only of the highest quality.” Huse affirms that sentiment: “Freshfields chooses its clients carefully and we then focus on building a strong relationship with those clients. This is the Freshfields policy throughout the entire network”. And it certainly seems to be a policy that is serving the firm well in the Gulf.

CONTRIBUTOR Kathryn Young is the deputy editor of The Brief

LAWYER’S CORNER The ﬁrst stage in overcoming negative beliefs is to identify the beliefs you hold about yourself

Changing the belief system Loma Tai explores the causes of self-sabotaging beliefs and gives some tips for overcoming these mental blocks In the process of trying to achieve our goals, we often encounter internal resistance to change. Ever wondered what causes you to react to situations in a particular way, and not others? Or why you tend to worry about some things but not others? For example, imagine you are at a party and someone answers your statements with a monosyllabic “yes” or “no”. Do you try to compensate by being extra pleasing or apologising – or do you avoid rejection by retreating early and avoiding eye contact. A person’s reaction to any given event is triggered by underlying beliefs. When trying to make positive changes to your life, and overcome negative behavioural traits, it is important to focus on your core beliefs. Only by identifying them and understanding their implications, can you start to make positive changes to your life. For these purposes, “beliefs” do not mean religious beliefs – although some come from our religious views. In deﬁning belief, Robert Leahy, the US cognitive therapy specialist, says: “[It] is like a lens through which you look at experience. The lens makes you select certain information, weigh it or value it in a certain way, and it excludes conﬂicting information.”

Archetypes The ﬁrst stage in overcoming negative beliefs is to identify the beliefs you hold about yourself and other people. Here are some archetypal beliefs, as identiﬁed by Leahy. “Defective”. You believe you are incompetent and inferior. You adapt

your behaviour to your belief by not letting people get to know you or by avoiding challenging tasks and relationships. You may try to please other people too much so they won’t see that you are inferior. “Special”. You think you are superior and deserve a lot of attention and praise. You surround yourself with people who need and praise you. You break the rules so that you can get your own way. You demand others give in to your needs. “Responsible”. You take pride in being rational, diligent and getting things right, and end up exhausting yourself with work so that you can feel that you are doing the right thing. You constantly review what you have done to make sure you haven’t made any mistakes. Once you have identiﬁed the beliefs that you hold, think about how they effect your behaviour. For example, do they lead you wrongly to perceive what people think of you and ignore your positive qualities? Examine your reactions to events and trace back the belief from which they stem. Next, conduct a cost/beneﬁt analysis of constantly living up to these beliefs. For example, if you are a responsible type, with demanding standards, it is probably true to say that these demanding standards have accounted for a good part of your success. However, they may create negative impacts. Are you often worried, have trouble sleeping and can never relax? Ask: “Am I viewing myself in all-ornothing terms?” In other words, you are either totally responsible, and if you are not, then you must be irresponsible. The result is that if things do not go perfectly well, you discount all of your success and focus

on the one small detail that is not completely right. Another example might be: “I am either a winner or a loser.” If you think in such absolute terms you will obsess about not being the best at everything and forget your relative successes in many areas. Some challenging questions to ask are: “How am I more complicated?” “Are there shades of grey?” “What would happen if I viewed myself in less extreme terms?” “How do other people see me?”

Positive inclinations What is the evidence against your belief? Ask your friends how they perceive you. Does it match your own view? Draw your own conclusions. Is there any truth in your belief? It can be useful to admit that you hold some of your negative trait, just to avoid the “all-or-nothing” type of thinking. Imagine the week was split into a pie chart – how much time do you spend acting according to your belief? Would you be as critical of other people? We tend to be tougher on

ourselves than others. We see other people more realistically and objectively than we see ourselves. Imagine looking at yourself from the outside in. Would you be as tough on yourself, or fairer and less judgemental? Act against your negative beliefs and develop positive inclinations. For example, if you think that you are boring, make an effort to speak to people and initiate conversations. If your core belief is that you are defective, replace it with the belief that you are not. The exercises mentioned above will not work overnight. Our belief system is entrenched from an early age and it may take months for negative beliefs to be replaced by positive counterparts. However, until you start focusing on them, you will continue to be stuck in the quicksand of negativity and fear. Goals will remain out of reach and change impossible.

CONTRIBUTOR Loma Tai is a former London-based lawyer who now runs Inspired Coaching in Dubai

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LAWYER’S CORNER

Chancellor Alistair Darling: pre-Budget Report has farreaching eﬀects

Over here US law firms have historically been slower than their UK counterparts to launch in the Gulf. But, finds Shane Morton, the Americans have found a taste for the Middle East The shape of the legal market in Dubai, and the Middle East in general, is transforming rapidly. Having been predominantly populated by UK firms, many of which had been operating in the region for many years, sometimes decades, the Middle East is now home to an increasing number of US firms that have recognised the economic growth of the region and its huge potential.

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While the economies of the US and Europe seem to be turning down, economic activity in the Gulf region appears to be motoring ahead, providing the perfect counter-cyclical base for many ﬁrms. This reality has made it hard for major US ﬁrms to ignore the Middle East as an emerging market. Several major American practices that have recently opened, or are just about to open, include Los Angeles-based Gibson Dunn &

Crutcher, New York-based Dewey & Leboeuf, and Latham & Watkins (which, quixotically, cites no headquarter ofﬁce, although American Lawyer magazine calls Los Angeles its home and ranks the ﬁrm fourth in size in the US). There are also rumours that another big Manhattan-based beast, Skadden Arps (number one in the Am Law 100 league table), is planning to enter the fray later this year.

Many clients will see the more diverse legal market in Dubai as good news, given there will more competition for their work and a greater ability to service it. The sheer amount of work being generated by the region requires such rivalry and added capacity. Rindala Beydoun, the Middle East managing partner of Latham & Watkins, supports this idea, saying: “It is positive to have more US firms in Dubai. While we are the first top-five US firm to open, I think there will be more in time. This development will lead the profession to continue to improve its work product and to hire quality associates – as a result the client will get better value.” Jawad Ali, Islamic finance partner of King & Spalding, which opened Dubai and Riyadh offices in 2006, also

LAWYER’S CORNER

The economic growth of the Middle East is luring US ﬁrms to open outposts across the region

supports this view, saying: “We think it is a good thing that other US firms have finally focused on the Middle East; the more US firms in the region the better. This will create some healthy competition with the UK firms and hopefully raise the sophistication of the legal market in the Middle East.”

Scores of CVs Another group that will benefit from the surge of US firms opening are the lawyers themselves. Rindala Beydoun has been receiving scores of CVs of talented lawyers. She says: “A positive change [in the opening of US firms] is that we are seeing high-quality lawyers applying from top firms in London and New York.” Peter Baumbusch, the managing partner of Gibson Dunn & Crutcher’s Middle East office, also

supports this view. In fact, it is part of his firm’s strategy to attract top talent. Baumbusch says: “A reason we are here is that we believe we can attract talent. This is a unique location that makes it possible for the firm to attract some of the best lawyers in the world.” The new dynamic of the legal market leaves one wondering whether there is enough work to accommodate all the firms opening. Beydoun maintains there is, explaining: “We are not seeing huge offices with hundreds of lawyers, like other cities in the world. All these firms are hiring a couple of dozen lawyers. Accordingly, there will be enough work for most law firms, assuming the Gulf economies continue to do well.” Ali shares this sentiment, saying: “There is enough work to go around. The Middle East is flourishing and has been under-lawyered for a number of years.” On a similar point, US firms already operating in the region don’t seem to be worried that competitors are entering the market place. Comments Ali: “We don’t feel that the newcomers are a threat at all. In fact, we welcome them and look forward to working with them across the table. We think our business model, the practice groups and the team of lawyers we have in the Middle East are unique. That, coupled with the niche practices we have focused on for the past decade, would differentiate us from other firms. We hear this from clients all the time.” This displays that just because the US firms are coming into – or developing within – the region at the same time, they do not have a common strategy in terms of the way they intend to develop their practices. Chris Sioufi, of Dewey & Leboeuf, summarises his firm’s strategy: “[The firm] has been in the Middle East for 30 years and in Riyadh for 10 years. [It] is committed

“Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxx” “Many feel it is good for both the client and the lawyers that the legal market is now larger and more competitive” to long-term growth in the region. With this strategy it was a logical step to open in Dubai, a unique platform for clients in the region. We work closely with our worldwide offices and this will benefit the Dubai office.” His law firm’s goal, says Sioufi, is to become the largest practice in the region within the year.

Different strategies Gibson Dunn & Crutcher’s Baumbusch is working to increase his firm’s share of corporate/M&A deals. “For a long time this has been a market for projects, finance and Islamic finance,” he explains. “Only more recently it has become a growing market for corporate/M&A – it is not huge yet, but it is moving forward. We just need very good people to cover these deals.” Latham & Watkins, however, aims to be broader in terms of coverage, in line with their global image. Rindala Beydoun says: “We intend to focus on corporate/M&A, corporate finance, project development, finance and capital markets. We will put whatever resources are necessary to succeed. As a result, several Latham & Watkins partners and associates are in the process of relocating to Dubai. In addition, we are in talks [relating to potential lateral hires]. We will do all we can to serve our clients and provide a quality legal product.” In contrast, King & Spalding’s Ali sees his firm making its name in specific niche high-value practice areas. He elaborates: “We identified the Middle East as an emerging market two decades ago and have been attracting

a steady stream of work for the last decade. We are proud of the fact that the Middle East has been the largest concentration of clients for K&S outside the US for the past 10 years. We have come to the Middle East because of our great relationships and at the request of our clients. We will not be everything to everyone and will focus on the practice areas in which we believe we have special expertise, with Islamic finance and investment leading the pack.” The growth of US firms in the region is by no means limited to Dubai. Several of these US firms also have plans to open elsewhere around the region. Latham & Watkins is in the process of opening offices in Abu Dhabi and Qatar, while King & Spalding is also launching in the UAE capital, in addition to having an affiliate office in Riyadh. Likewise, Dewey & Lebouef has had an affiliate office in Riyadh for almost 10 years. It is impossible to speculate at this stage how many of the US firms will have the staying power for the long-term in the Gulf. However, many feel it is good for both the clients and the lawyers that the legal market is now larger and more competitive. With a booming regional economy, it is certainly an opportune time to be a talented lawyer. It is also a great time to be in commercial real estate. Without a doubt office space will be in high demand by law firms.

CONTRIBUTOR Shane Morton is the group manager at the Dubai oﬃce of legal profession recruitment agency Taylor Root

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LEGAL LOGIC

Long bridges, construction contracts, the future planning and growth vision for Abu Dhabi and the cost of The World all feature in this month’s legal brain teaser

What was the standard form of construction contract on which the Abu Dhabi Government based its “Abu Dhabi conditions of contract”, which was introduced in 2007? A The International Federation of Consulting Engineers contract (FIDIC) B The JCT (Joint Contracts Tribunal) construction contract C The NEC3 construction contract

Answer: C. It has been announced that the current value of committed and announced projects in Abu Dhabi is US$2.4trn.

Answer: A. The FIDIC construction contract, known as the Red Book.

Answer: B. The Plan Abu Dhabi 2030: Urban Structure Framework Plan was introduced by the government in late 2007 and is a programme of development for the emirate that will guide planning decisions for the city over the next quarter of a century.

Under Decision 1 of the Abu Dhabi Executive Council, who is required to use the new Abu Dhabi conditions of contract? A Government departments in the UAE B Any company that is owned or has a shareholding by the Abu Dhabi Government C Any Abu Dhabi Government department Answer: C. An English translation of decision 1 of 2007 of the executive council states: “All public construction contracts and agreements entered into by governmental departments in the emirate of Abu Dhabi, not comprising design work by the constructor, shall be in accordance with pursuant to standard/form/ model/prototype No 1 attached to this decision. Those contracts and agreements, if comprising design work by the constructor (in addition to the construction one) shall be in accordance with pursuant to standard/form/model/ prototype No 2 attached to this decision.” According to the recent Middle East Economic Digest Abu Dhabi Conference 2007, how much is currently being invested in construction-related projects in the emirate? A US$2.4 million B US$2.4 billion C US$2.4 trillion

Q&A

What is the name of the new urban planning vision introduced by the Abu Dhabi Government late last year? A Plan Abu Dhabi 2020 B Plan Abu Dhabi 2030 C Plan Abu Dhabi 2050

Under this plan, what is the anticipated population of Abu Dhabi? A One million B Two million C Three million Answer: C. Under Plan 2030, the city is projected to grow to more than three million people by 2030. Construction is soon to begin on a new bridge in Dubai, which, according to ArabianBusiness.com, is set to become the world’s longest arch bridge. Upon completion, the bridge is expected to have which of the following measurements? A 1,200 metres, with an arch 105 metres high and 443 metres long B 1,400 metres, with an arch 220 metres high and 550 metres long C 1,600 metres, with an arch 205 metres high and 667 metres long Answer: C. According to the publication, the bridge will accommodate 12 lanes of trafﬁc with a metro line running down its centre and will overtake the Lupu Bridge in Shanghai as the world’s longest. Which of the following forms of relationship is “partnering”? A Joint ventures B Strategic alliancing

C Project partnering D Framework agreements Answer: All of these. Partnering is a concept of cooperative working where the interests of the employer and the contractor are aligned. According to latest indications, how many islands make up The World project and at what cost? A 200 islands costing US$200bn B 100 islands costing US$100bn C 300 islands costing US$300bn Answer: C. Islands on The World are selling at an average price of between US$15m and US$50m. On which law is the new Federal law on arbitration to be based? A The ICC (International Chamber of Commerce) B The London Court of International Arbitration C The United Nations Commission on International Trade Law

Answer: C. It is based on the UN Commission on International Trade Laws’ model law on international commercial arbitration, adopted by the UN in 1985. Which law in Dubai imposes a 10-year liability period on developers for structural defects starting from the date of the completion certiﬁcate? A Article 880 of the Civil Code B Article 26 of the Condominium Law C Article 137 of the Insurance Law Answer: B. Article 26 of the Condominium Law (Law No 27 of 2007) renders developers responsible for structural defects in joint property.

COMPILERS Compiled by Adrian Cole and Amy Ward of the Abu Dhabi oﬃce of the law ﬁrm Simmons & Simmons

TEST YOUR LEGAL KNOWLEDGE OF MIDDLE EAST LAW WITH THE BRIEF 52 THEBRIEF

LIFESTYLE/SUMMARY

inside

THE BRIEF’S LIFESTYLE SECTION FOCUSES ON THE WORLD OUTSIDE THE OFFICE

56 Test drive

58 Where to eat

Mercedes has revamped its four-year-old SLK to inject an extra dose of sportiness. With a reworked engine, improved response and enhanced “rev”, the new 3.5-litre V6 certainly achieves its aims. Hold onto your hats – or your baseball caps – sit back and enjoy the ride.

This month we take a stroll down memory lane as Kathryn Young and Amber Melville-Brown find contrasting reasons to reflect on their youth. But while Indego at Grosvenor House receives a glowing report, Tang at Le Royal Meridien faces altogether different results.

THEBRIEF 55

LIFESTYLE/TEST DRIVE

ercedes has said it wanted to give its four-year-old SLK – the manufacturer’s entry-level roadster – an added dash of sportiness. While the SLK remains unique in its class in offering a folding hard-top roof, the compact two-seater’s dynamic prowess has never been able to stir the soul of hardened enthusiasts. The first notable change to the range is a reworking of the 3.5-litre V6, which gains a host of detailed internal changes, including lightweight valves, a revised camshaft, new pistons, higher 11.7:1 compression ratio and new single-stage inlet manifold – all aimed at providing a sportier twist. The face-lifted SLK provides more oomph than any of its German rivals – the Audi TT, BMW Z4 and Porsche Boxster S – in standard guise, outgunning the range-topping Audi to the tune of 54bhp, the BMW by 40bhp and the Porsche, by 10bhp. But it is the reworked four-valve-per-cylinder unit’s improved response and new-found ability to rev that really make a difference. While the old V6 engine achieved a rather conservative 6,800rpm, the new version can be wound all the way up to 7,200rpm before the limiter kicks in. Mercedes’ engineers have also managed to coax a wonderful soundtrack out of it. Allied to the new V6 engine is a standard six-speed manual gearbox. But it is the optional seven-speed automatic that continues to impress the most. Running a slightly longer final drive than before, it helps propel the updated SLK350 from 0-100kmh in 5.4 seconds – just .5 of a second slower than the similarly updated 355bhp, 5.4-litre, V8-powered SLK55 AMG, and .2 of a second improvement on the old model. Mercedes says it is as rapid as the manual and the auto achieves better fuel economy and puts out less CO2. Mercedes has also given the SLK a new variable steering rack. Pointed straight, the so-called direct steer system is geared much the same as before in a bid to achieve good motorway stability. But when turning, the result is noticeably sharper responses at speed and a keener ability to move into corners. Styling tweaks are minimal, extending to an aggressive new front bumper with twin vertical struts, larger wing mirrors with LED indicators, darkened tail-light lenses, a deeper, edgier rear bumper with integrated diffuser element and a pair of trapezoidal tail pipes. There are also similarly subtle changes inside helping to lift the car’s appeal – reworked instruments, a multi-function, threespoke steering wheel and a new finish for some of the switchgear grouped on the centre console. But it’s the SLK’s new engine and improved steering that set it apart from its predecessor and haul it back into contention. Mercedes-Benz has rarely produced engines with an ability to rev beyond 7,000rpm. But the German carmaker seems determined to change that with its new 3.5-litre V6. While its rivals have adopted turbocharging and direct injection as a means of boosting performance, Mercedes has taken a more traditional route, relying on a comparatively high 7,200rpm cut-out to swell the reserves of the standard SLK’s top engine.

CONTRIBUTOR Staﬀ writer, Autocar

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Trying

the soul

PHOTO: SUPPLIED

LIFESTYLE/TEST DRIVE

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LIFESTYLE/REVIEW

Kathryn Young walks down curry memory lane, while Amber Melville-Brown reﬂects on chemistry results in her experiment with ‘moleculargastronomy’

Currying favour Mention the word “curry” and it automatically brings back vivid memories of my childhood. When I was growing up, Saturday night was “curry night” in our household. My fish-finger-and-chipsloving brother and I would be packed off upstairs and my mum and dad would raid the spice rack – and no doubt the wine rack – to sate their more mature palates. But my sibling and I were not entirely forgotten. A small saucer-sized portion would be served to both of us at the top of the stairs, on the condition that we didn’t make any noise and would go on our merry way to “Bedfordshire” once we had finished. The bribe worked. As a result, Saturday night was probably one of the most peaceful evenings in our house and my dad was able to enjoy his curry in front of Match of the Day without interruption. Of course, the curry that was created and served in houses across Britain in the 1970s is a far cry from the Indian cuisine on offer today. And Indian food has gone a long way towards casting off the image of something that a group of blokes would opt for after a heavy evening on the beer. Nothing proves this point more than Indego at the Grosvenor House hotel in Dubai’s marina. Stylish, sedate and sophisticated, Indian cuisine has entered the 21st century in spectacular fashion and in breathtaking surroundings. While the vast majority of Dubai’s hotels are impressive, Grosvenor House is up there with the best (or at least would be if you can ignore the construction site in the middle of which it stands). Once greeted at the reception desk, you climb the small staircase – or ride the escalator – to the sweeping lobby above, where a pianist provides elegant background music. The relaxed atmosphere means you are able to leave behind the world of diggers and cranes, to be transported to somewhere far more dignified and refined. This tranquil ambience

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continues as you are led up the curving marble staircase into the noble dining room at Indego. Once seated at our intimate table by the window, one of the many attentive members of staff offered us an aperitif and delivered the menus. Everything on offer sounded so delicious that it was a good job we were given crispy papad cones to nibble while we made our selections. Even the tablecloth was looking tempting, such was the extent to which my appetite was aroused. We decided on the kebab platter for two to share for starters. This consisted of a large piece of crispy hammour, a huge tandoori prawn, a fresh herb chicken tikka and a lamb kebab – one of each for us, which meant no arguments. Though, to be honest, we were both too busy eating to engage in much conversation. I approached the plate from a childlike perspective, working my way along the platter and trying a morsel of each, before working my way back and trying to decide a favourite. I was still no further on in this before I realised that I had inadvertently scoffed the lot. Each of the starters was equally succulent, moreish and delicious – I couldn’t ﬁnd fault with any of them. My initial hunger satisﬁed, I looked forward to my main course with considerable anticipation. I opted for the Madras-style chicken masala, while my companion chose the morsels of chicken tikka (you can take the Brits out of Britain and all that…). At Indego, you can select the “temperature” of your dish as the chef cooks each one to order and can tailor it to the individual’s taste. This appealed to my dining companion who admitted she wasn’t a fan of overly “hot” curries and therefore welcomed with considerable gratitude the waiter’s suggestion of the “mild” version of the dish. Both dishes were sublime – perfectly spiced – neither too hot nor too bland – and with just enough sauce to justify ordering the selection of breads to mop up the remnants (some things don’t change).

eat

Desserts have traditionally never been “big” on Indian menus, but when the food was this good, we were determined to make the most of everything on offer. The home-made smoothies my companion ordered turned out to be small portions of a variety of ﬂavours of ice cream – the perfectly light way to end a perfect meal. I, on the other hand, went for the rather rich-sounding silky chocolate torte, served with jaggery ice cream. This was surprisingly delicate, however, and before I knew it I had once more eaten the lot. Stuffed, satisﬁed and suitably stress-free, we went on our way, though, needless to say, we opted for the escalator rather than the stairs on the way out.

INDEGO Location Grosvenor House Hotel, Dubai Marina Cuisine Indian Timings Sunday to Friday, 7.30pm to midnight. Closed on Saturdays Dress code smart casual Contact +971 4 399 8888

LIFESTYLE/REVIEW

Not the right tang I got a grade C in my chemistry O-level. It’s not really surprising, considering cobalt is blue is about the only thing I remember now or probably knew at the time. But my brief fling with chemistry may be the reason I have long been intrigued by restaurants that offer “moleculargastronomy”, in which chemistry combines with cookery to conjure up a menu that really shouldn’t work but does. So I couldn’t resist when I found that Dubai – which must have one of everything – has its own restaurant-cum-chemistry-lab, Tang, at the Royal Meridien Hotel. However, while the couple of hours that my companion and I spent there were interesting, the amount of work involved reminded me further of the chemistry exam that I had long ago consigned to the recesses of my mind. Dish after dish intrigued, confused and then for the most part, disappointed. But that might be a very personal view – so read on. On offer in the tiny bar is a plethora of exciting cocktails. But beware the candyfloss concoction. With a flourish, the waiter pours the drink from a great

height over spun sugar in a martini glass below. Very impressive, although the chinos of one unsuspecting guest were left a little damp as a result of his choice. Over our slightly safer selections, we were offered a menu to peruse, but it was suggested that we allow the chef to choose our meal. Beware again. We did not check the number of courses in the marathon tasting menu that lay ahead, or the likely price, and were unaware of either until long after the waste-lineenhancing and pocket-diminishing damage was done. But you might be more astute – so read on. The rather quiet and chilly restaurant boasts huge Alice-inWonderland chairs. By contrast, the portions are pleasantly small, presumably to allow one to savour various flavours and textures. But even small bites add up when they are provided in scores (some poor soul in the kitchen would have been washing plates until dawn) and I can’t remember how many courses I had before hitting the culinary wall. An early offering of raw blue fin and white flesh tuna was spoilt only

TANG Location Le Meridien Mina Seyahi Beach Resort and Marina Hotel, Al Sufouh Road, Dubai Cuisine Molecular gastronomy Timings 7pm to 1am Contact +971 4 399 3333

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by the waiter’s explanation that they were accompanied by the world’s “most expensive” citrus fruit (from Japan) and the world’s “most expensive” salt (from the Rhone Valley). But you might find this interesting – so read on. Tasmanian-caught salmon with wasabi-chased crab spring rolls with dehydrated mango. Scallops smothered in chocolate sauce tried to outdo beetroot ice-cream but only achieved that in terms of stupidity, according to my unadventurous companion. While the coffee cannelloni packed a good flavour with the foie gras, I felt it was let down by its chewy consistency. The Atlantic black cod with shitake mushrooms could not be faulted, but the same was not true of the next course. If, as the Japanese say, you eat with your eyes, then I would have preferred the lights to have been turned down further. Indeed, the sight that presented itself to me looked as though it might be more comfortable nestling within the pages of the kind of gentleman’s magazine atop the newsagent’s highest shelf. A roll of lamb wrapped in shiny pink prosciutto, pierced lengthways by a wooden stick, nosed up against a fluffy white mound of candyfloss dusted with chocolate as they both languished between a squirt of thick creamy-coloured sauce and a dollop of chunky tomato relish. I politely informed our waiter that my appetite was now at an end, yet still the dishes came (and still they were individually charged to our bill – it might be advisable to ask if you can take some of the dishes away if your wallet can accommodate them but your stomach cannot). But you may not be so mean – so read on. In fact, there is not much more to read. Four plates of desserts, including a sherbet “cocaine” fountain and “electric cookies” tried their best to take my mind off the lamb, but failed. I applaud the ideas behind this unusual and exciting way of combining flavours and textures, and the actual execution of them was no doubt excellent. It’s simply that there were several I didn’t enjoy, so, like a mismatched couple on a first date, Tang and I just didn’t really hit it off. But you may find that it is your perfect fit. After all, relationships are all about chemistry.

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PRIVATE PRACTICE

BAHRAIN ADVOCACY & LITIGATION Elham Ali Hassan & Associates Floor 12, Al Rossais Tower Diplomatic Area, Manama, Bahrain Tel: +973 17 533317 Fax: +973 17 532262 Contact Person: Essa Jawahery, Associate Email: info@elhamlaw.com Website: www.elhamlaw.com Company Details: Elham Ali Hassan & Associates is a leading general practice local boutique law fi rm established in Bahrain in 1992. The fi rm is accustomed to representing and advising multi-national organisations, governments, institutions, international law fi rms and high networth individuals – always at the forefront of marketleading client service with a commitment to excellence.

Haya Rashed Al Khalifa Attorneys at Law & Legal Consultants First Floor, Bahrain Development Bank Building, PO Box 1188, Diplomatic Area, Manama, Kingdom of Bahrain Tel: +973 17 537771 Fax: +973 17 537117 Contact Person: Rashid Bo-Ghammar Email: info@hraklf.com Website: www.hraklf.com Company Details: The ﬁrm’s lawyers are admitted in both civil law and common law countries. The litigation lawyers have extensive trial experience in both commercial and civil cases. This includes representing individuals and corporate clients in civil and administrative hearings, suits involving the enforcement of contracts, recovery of damages based on contract and tort, intra-corporate disputes, pursuing judicial enforcement of intellectual property rights and international trade disputes.

60 THEBRIEF

Zeenat Al Mansoori & Associations

COMMERCIAL LAW

Al Matrook Building, 5th Floor, Diplomatic Area, PO Box 11522, Manama, Kingdom of Bahrain Tel: +973 17 532012 Fax: +973 17 536255 Contact Person: Zeenat Al Mansoori Email: zeenat@ zeenatalmansoori.com Website: www. zeenatalmansoori.com Company Details: Zeenat Al Mansoori & Associates’ team of attorneys and legal consultants is renowned for its dedication to ensuring the best possible legal outcome and solutions across a broad range of specialist areas. With its ofﬁce in Bahrain and close international links, we are highly equipped to advise on a broad range of commercial enterprises in Bahrain and throughout the region.

Elham Ali Hassan & Associates

BANKING & FINANCE Haya Rashed Al Khalifa Attorneys at Law & Legal Consultants First Floor, Bahrain Development Bank Building PO Box 1188, Diplomatic Area, Manama, Kingdom of Bahrain Tel: +973 17 537771 Fax: +973 17 537117 Contact Person: Arash Saidi Email: a.saidi@hraklf.com Website: www.hraklf.com Company Details: The ﬁ rm’s Banking and Finance team has been part of the remarkable progress that has taken place in the Banking and Finance industry in the country over the last decade. The practice provides specialised legal services and advice in the Banking and Financial industries in Bahrain. The team has been involved in some of the most challenging and intricate ﬁ nancial transactions in the Middle East region and has acted as legal counsel to a number of leading international and local banks as well as many corporate entities.

Floor 12, Al Rossais Tower Diplomatic Area, Manama, Bahrain Tel: +973 17 533317 Fax: +973 17 532262 Contact Person: Essa Jawahery, Associate Email: info@elhamlaw.com Website: www.elhamlaw.com Company Details: Elham Ali Hassan & Associates is a leading general practice l ocal boutique law fi rm established in Bahrain in 1992. The fi rm is accustomed to representing and advising multi-national organisations, governments, institutions, international law fi rms and high networth individuals – always at the forefront of market-leading client service with a commitment to excellence.

Qays H Zu’bi Attorneys and Legal Consultants PO Box 2397, Al Jasrah Tower 12th Floor, Diplomatic Area Manama, Bahrain Tel: +973 17 538600 Fax: +973 17 532342 Contact Person: Ms Foutoun Hajjar-Alami Email: falami@qayszubilaw.com Website: www.qayszubilaw.com Company Details: We are a leading international Bahraini law fi rm providing legal services in the banking and fi nance, corporate and commercial, litigation and arbitration sectors. We are committed to providing our clients with the highest quality legal advice. We have an exceptional reputation for dealing with unconventional issues and providing innovative solutions specifically tailored to meet our client’s legal and commercial needs. The fi rm has been consistently listed in the top- tier of law fi rms in the region by all leading legal directories and periodicals.

CONSTRUCTION AND DEVELOPMENT Haya Rashed Al Khalifa Attorneys at Law & Legal Consultants First Floor, Bahrain Development Bank Building, PO Box 1188, Diplomatic Area, Manama, Kingdom of Bahrain Tel: +973 17 537771 Fax: +973 17 537117 Contact Person: Parween Abdul-Rahman Email: p.abdulrahman@ hraklf.com Website: www.hraklf.com Company Details: The fi rm provides specialist contentious and non-contentious advice covering the local and international construction market. The fi rm is instructed on projects involving complex aspects of the construction industry sector, acting at different instances for project sponsors, banks, fi nanciers, contractors and other representatives of the industry. The team’s experience in both construction and project fi nance translates into a unique ability to balance the interests of contractors, sponsors and fi nancing institutions.

CORPORATE LAW Haya Rashed Al Khalifa Attorneys at Law & Legal Consultants First Floor, Bahrain Development Bank Building PO Box 1188, Diplomatic Area, Manama, Kingdom of Bahrain Tel: +973 17 537771 Fax: +973 17 537117 Contact Person: Ahmed Rahmy Email: a.rahmy@hraklf.com Website: www.hraklf.com Company Details: The Corporate and Commercial team has broad legal and commercial knowledge; they also have a very close working relationship with the decision makers in this ﬁeld and the major lawyers in the region. The ﬁ rm’s areas of practice range from business incorporations and licensing; company/share acquisitions,

disposals and mergers; corporate structuring and consolidation; shareholder, partnership and other forms of joint venture agreements; agency, distributorship; Preparation of Prospectuses and Private Placement Memorandums; and general commercial agreements.

REAL ESTATE Zeenat Al Mansoori & Associations Al Matrook Building, 5th Floor, Diplomatic Area, PO Box 11522, Manama, Kingdom of Bahrain Tel: +973 17 532012 Fax: +973 17 536255 Contact Person: Zeenat Al Mansoori Email: zeenat@ zeenatalmansoori.com Website: www.zeenatal mansoori.com Company Details: Zeenat Al Mansoori & Associates’ team of attorneys and legal consultants is renowned for its dedication to ensuring the best possible legal outcome and solutions across a broad range of specialist areas. With its ofﬁce in Bahrain and close international links, we are highly equipped to advise on a broad range of commercial enterprises in Bahrain and throughout the region.

SHIPPING Zeenat Al Mansoori & Associations Al Matrook Building, 5th Floor, Diplomatic Area, PO Box 11522, Manama, Kingdom of Bahrain Tel: +973 17 532012 Fax: +973 17 536255 Contact Person: Zeenat Al Mansoori Email: zeenat@zeenatal mansoori.com Website: www. zeenatalmansoori.com Company Details: Zeenat Al Mansoori & Associates’ team of attorneys and legal consultants is renowned for its dedication to ensuring the best possible legal outcome and

NEWS

solutions across a broad range of specialist areas. With its ofﬁce in Bahrain and close international links, we are highly equipped to advise on a broad range of commercial enterprises in Bahrain and throughout the region.

EGYPT

Litigation & Arbitration. The ﬁ rm has regional ofﬁces in Dubai, Doha, Kuwait and Montreal. We also provide International Notary Public Services and have multilingual Staff.

KUWAIT BANKING & FINANCE

COMMERCIAL LAW Shalakany Law Office 12 El Marashly St, Zamalek, Cairo, Egypt Tel: +202 27 288888 Fax: +202 27 370661 Contact Person: Dr Khaled Shalakany Email: mail@shalakany.com Website: www.shalakany.com Company Details: Shalakany Law Office was founded in 1912 and is considered one of the leading law fi rms in the Middle East. With over 65 partners, counsellors and associates, it is considered one of the largest in the region with an extensive client base of leading transnational companies. It provides a broad array of legal services including project fi nance, corporate commercial, litigation and arbitration.

IRAN CORPORATE LAW Bayat, Kiani & Associates No 9 Etehad Alley 2nd Floor, Shiraz St South, Mollasadra Ave Tel: +98 21 88 614820 Fax: +98 21 88 614819 Contact Person: Farhad Yavari – Ofﬁce Manager Email: cls-teh@ilsgroup.com Website: www.ilsgroup.com Company Details: We are a general practice law ﬁ rm, a member of the Iranian bar. We specialise in Banking & Finance, Corporate & Commercial as well as

Abdullah Kh. Al Ayoub & Associates Souk Al Kabir Building, Block “B”, 9th Floor, Fahad Al Salem Street, PO Box 1714, 13018 Safat, Kuwait. Tel: +965 246 4321/2/3 Fax: +965 243 4711/2466591 Contact Person: Abdullah Kh Al-Ayoub, Jasmin Kohina Email: alayoub@al-ayoub.org Website: www.al-ayoub.org Company Details: Established in 1982, Abdullah Kh. Al-Ayoub & Associates is one of the largest law fi rms in Kuwait having an established reputation in the international field. The fi rm offers expertise in all major areas of commercial law, including corporate law, international business transactions, oil and gas, capital markets, private equity, intellectual property, banking and fi nance, litigation and commercial arbitration.

Al Oun & Bayat Block 1/A, Street 105, Building 186, Floor 6, Al Jabriya Area, State of Kuwait Tel: +965 531 3827 or +965 775 4828 Fax: +965 531 2891 Contact Person: Haitham Al Oun Email: cls-kuw@ilsgroup.com Website: www.ilsgroup.com Company Details: We are a member of the Kuwait Bar. We specialise in Corporate/ Commercial, Litigation, Labor Law, Trademark Law and Arbitration. The ﬁ rm has regional affair in Dubai, Doha Montreal and Tehran. We also provide International Notary Public Services.

Bryan Cave LLP (Mashora Advocates) Al-Mashora Tower, Floor 2, Usama bin Monqiz Street Qibla, Kuwait City Tel: +965 240 4470 Fax: +965 242 4047 Contact Person: David Pfeiffer, Managing Partner, Kuwait Office Email: dmpfeiffer@bryancave.com Website: www.bryancave.com Company Details: Founded in 1873, our firm of 800+ attorneys has been in the Middle East since 1979 and in Kuwait since 1993. With five attorneys who are trained and qualified in the US, Canada and England, our Kuwait-based international team offers experience in Kuwait law. The 20 legal advisors in our local litigation and Sharia division, Mashora Advocates, allows us to provide full service with respect to all Kuwait legal service requirements.

Tel: +965 246 4321/2/3 Fax: +965 243 4711/2466591 Contact Person: Abdullah Kh Al-Ayoub, Jasmin Kohina Email: alayoub@al-ayoub.org Website: www.al-ayoub.or Company Details: Established in 1982, Abdullah Kh Al Ayoub & Associates is one of the largest law fi rms in Kuwait having an established reputation in the international field. The fi rm offers expertise in all major areas of commercial law, including corporate law, international business transactions, oil and gas, capital markets, private equity, intellectual property, banking and fi nance, litigation and commercial arbitration.

INSURANCE Al Twaijri and Partners Law Firm (TLF)

CAPITAL MARKETS Abdullah Kh Al Ayoub & Associates Souk Al Kabir Building, Block “B”, 9th Floor, Fahad Al-Salem Street, PO Box 1714, 13018 Safat, Kuwait. Tel: +965 2464321/2/3 Fax: +965 2434711, 2466591 Contact Person: Abdullah Kh. Al-Ayoub, Jasmin Kohina Email: alayoub@al-ayoub.org Website: www.al-ayoub.org Company Details: Established in 1982, Abdullah Kh. Al-Ayoub & Associates is one of the largest law firms in Kuwait. The firm offers expertise in all areas of commercial law, including corporate law, international business transactions, oil and gas, capital markets, private equity, intellectual property, banking and finance, litigation and commercial arbitration.

CORPORATE LAW Abdullah Kh. Al Ayoub & Associates Souk Al Kabir Building, Block “B”, 9th Floor, Fahad Al-Salem Street, PO Box 1714, 13018 Safat, Kuwait.

Kuwait Airways Bldg, Al Shuhada’a St, First and Second Floor, Kuwait City, PO Box: 863, Safat, Code: 13009 KUWAIT Tel: +965 240 2175 Mob: +965 683 6817 Fax: +965 240 2176 Contact Person: Mohammed Al Noor Email: noor@twaijri.com Website: www.twaijri.com Company Details: Al Twaijri & Partners Law Firm (TLF) is one of the leading and largest law fi rms in the GCC region with offices in Kuwait and Bahrain. TLF differentiates itself from other local and regional fi rms by the breadth of its services, capabilities, and to some degree its size and strength in the oilproducing markets - the Gulf region (GCC). In today’s global economy, TLF commitment is to continuously reinvent itself to provide legal services that meet clients’ needs, particularly on international and cross-border transactions. TLF recognise that global reach is key to growth and success.

SHIPPING Al Twaijri and Partners Law Firm (TLF) Kuwait Airways Bldg, Al Shuhada’a St, First and Second Floor, Kuwait City, PO Box: 863, Safat, Code: 13009 KUWAIT Tel: +965 240 2175 Mob: +965 683 6817 Fax: +965 240 2176 Contact Person: Mohammed Al Noor Email: noor@twaijri.com Website: www.twaijri.com Company Details: Al Twaijri & Partners Law Firm (TLF) is one of the leading and largest law fi rms in the GCC region with offices in Kuwait and Bahrain. TLF differentiates itself from other local and regional fi rms by the breadth of its services, capabilities, and to some degree its size and strength in the oil-producing markets – the Gulf region (GCC). In today’s global economy, TLF commitment is to continuously reinvent itself to provide legal services that meet clients’ needs, particularly on international and crossborder transactions. TLF recognise that global reach is key to growth and success.

LEBANON INTELLECTUAL PROPERTY Walid Nasser & Associates P.O. Box 116-2344, Beirut, Lebanon Tel: +961 1-611337/ +971-4-222-2888 Fax: +961 1-611339/ +971-4-227-4870 Email: walid@nass-law.com fayadlaw@emirates.net.ae Website: www.nass-law.com Contact person: Mr Walid Nasser Mr Hikmat Fayad - Dubai Company Details: Walid Nasser & Associates was established by Walid Nasser in 1981. Walid Nasser & Associates is in an excellent position to assist and advise international clients as our attorneys hold law

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degrees from the Middle East, Europe, and the U.S.A., and have previously worked for law ﬁ rms and corporations in those territories. Our association with established law ﬁ rms in the Middle East, Europe and the U.S.A. complements our Lebanese practice, and reinforces our ability to handle the inbound and outbound assignments. Our exposure to international laws and international businesses has made us sensitive to the needs of our international clients. Our advice is communicated clearly and succinctly, taking those needs into account. Practice areas: Intellectual Property (copyright, trademarks, patents, designs and models) unfair competition, media law (licensing, broadcasting, production, co-production, etc.) corporate, commercial, contracts, anti-trust, real estate, inheritance, and litigation

OMAN COMMERCIAL LAW Al Busaidey, Mansoor Jamal & Co Muscat International Centre, Mezzanine Floor, CBD, PO Box 686, Ruwi, Postal code 112, Sultanate of Oman Tel: +968 (2) 481 4466 Fax: +968 (2) 248 2256 Contact: John Alasdair Jeffery, Senior Solicitor Email: alasdairjeffery@ amjoman.com Website: www.amjoman.com Company Details: Al Busaidey, Mansoor Jamal & Co traces its origin in Oman to 1979. It is currently the largest law fi rm in Oman with 34 lawyers and supporting staff and is the fi rst fully integrated law fi rm able to advise clients on the full spectrum of major legal services required for both local and international clients entering both domestic and cross-border transactions. The fi rm has been awarded “Best Law Firm in the Sultanate of Oman” by the prestigious Euromoney International Financial Law

62 THEBRIEF

review at its Middle East awards in 2006 and 2007. Areas of expertise are banking, corporate and project ﬁ nance, capital markets, maritime, energy, oil and gas, insurance, commercial, and corporate laws of Oman, privatisations, mergers and acquisitions, real estate, labour law, litigation and arbitration and commercial agencies.

QATAR COMMERCIAL LAW

COMMERCIAL LAW Al Tamimi & Company Sheikh Mohammed Bin Suhaim Tower, 3rd Floor, Ras Abou Aboud, PO Box 23443 Tel: +974 444 1232 Fax: +974 436 0921 Email: a.anani@tamimi.com Website: www.tamimi.com Contact person: Ahmad Anani Company Details: Al Tamimi & Company is the largest local, non-affi liated law fi rm in the UAE with more than 100 lawyers with offices in Qatar, Dubai, Abu Dhabi, Sharjah, Baghdad and KSA. The Qatar office has 13 legal consultants with diverse backgrounds providing services in an array of legal disciplines with focus on corporate, commercial, banking & fi nance, intellectual property, construction, arbitration and litigation.

Eversheds LLP Qatar Financial Centre, PO Box 24148, Office 403, QFC Tower, Doha, Qatar Tel: + 974 496 7396 Fax: + 974 496 7399 Email: chrisjobson@ eversheds.com Website: www.eversheds.com Contact person: Chris Jobson, Managing Partner, Company Details: Eversheds LLP is one of the largest full service law fi rms in the world and in October 2006, became the fi rst international law fi rm to be awarded an operating license by the Qatar Financial Centre. Our Doha office is situated in the heart of Qatar’s business community and provides

advice on all aspects of law. Eversheds specialist Islamic Finance Group was established in 2007 and operates from three global jurisdictions for Islamic Finance - City of London, Doha and Malaysia.

Hugh Fraser International PO Box 19846, Office 305, Gridco Building, C-Ring Road, Doha, Qatar Tel: +974 436 5034 Fax: +974 432 8691 Contact Person: Marina Hallam Email: info@hfiinternational.com Website: www.hfiinternational.com Company Details: HFI is a specialist international corporate/commercial legal business ventures consultancy with its origin in the North Sea oil and gas industry. We aim to offer our clients a distinct competitive edge through a powerful combination of legal and commercial expertise, with our focus on the energy, environmental and water sectors.

Qatar International Law Firm PO Box 22021, Doha, Qatar Tel: +974 469 2300 Fax: +974 469 4300 Contact Person: Abdelmonim M.M Abotiffa Email: info@interlawonline.com Website: www.interla wonline.com Company Details: QILF is a full service law fi rm, established by Sheikh Ahmed Bin Mohammed Al-Thani a former judge of the Civil Justice Courts in the state of Qatar to meet the requirements of the Qatari business community and foreign investors seeking sound legal advice and assistance in their commercial dealings. In order to provide comprehensive services matching with the needs of the global and local clients. QILF concluded co-operation agreements with some prestigious regional and international law fi rms, among which we specifically mention Salans an internationally renewed leading law firm.

CORPORATE LAW Clyde & Co Qatar Financial Centre, West Bay, PO Box 31453, Doha, Qatar Tel: +974 496 7434 Fax: +974 496 7412 Contact Person: David Salt, managing partner, Doha Office Email: david.salt@clydeco.com Company Details: International fi rm. Top-ranked commercial law fi rm in the GCC with 100+ lawyers locally and strong regional focus on the Middle East & Indian subcontinent. Regional offices in Dubai, Abu Dhabi and Doha. Winners: 2006 ILO Client Choice Award (United Arab Emirates), Ranked top in six out of nine areas for ME&A region (Legal 500). Focus: Corporate, Commercial, Arbitration/ Litigation, International Trade, Shipping, Aviation, Insurance, IT, IP, Construction & Property, Banking & Finance, Regulatory.

SAUDI ARABIA BANKING AND FINANCE Cliﬀord Chance LLP 3rd Floor, The Exchange Building, Dubai International Financial Centre, PO Box 9380 Dubai, UAE Tel: +971 4 362 0444 Fax: +971 4 362 0445 Contact Person: Malcolm Turner, Partner Email: malcolm.turner@ cliffordchance.com Website: www.cliffordchance.com Company Details: Clifford Chance practices in co-operation with Al-Jadaan & Partners Law Firm in Saudi Arabia. For the past ten years they have worked together on many high-proﬁ le and landmark projects. The close relationship between Al-Jadaan and Clifford Chance is evidenced by the long-term secondment of a number of Clifford Chance lawyers to AlJadaan in Riyadh.

CORPORATE LAW Law Office of Mohammed Al-Sheikh in association with White & Case Contact Person: Mohammed Al-Sheikh Address: PO Box 17411, Riyadh 11484, Kingdom of Saudi Arabia Tel: 00-966-1-464-4006 Fax: 00-966-1-465-1348 Email: mal-sheikh@ whitecase.com Website: www.whitecase.com Company Details: Law office of Mohammed Al-Sheikh in association with White & Case serves clients in Saudi Arabia, as well as the Gulf region in such practice areas as corporate transactions and joint ventures; mergers and acquisitions, engineering and construction law; project fi nance; privatization, banking and fi nance, including Islamicbased fi nancings; capital markets, power and water, oil and gas, petrochemical and telecommunications. We also advise on maritime law, bankruptcy, and employment.

The Law firm of Wael A Alissa in association with Denton Wilde Sapte PO Box 59490,Riyadh 11525, Saudi Arabia Tel: +966 1 465 0845 Fax: +966 1 463 4206 Contact Person: Amgad T Husein - Head of Riyadh Office Email: amgad.husein@ dentonwildesapte.com Website: www.dentonwilde sapte.com Company Details: Denton Wilde Sapte has many years of experience in serving both international and local clients in Saudi Arabia, the largest economy in the Middle East. Through our associated office in Riyadh, we are uniquely positioned to advise our clients on all aspects of doing business in Saudi Arabia, with the capability to advise on corporate and fi nance transactions and energy and infrastructure projects irrespective of their size or complexity. The Riyadh office is operated in association with The Law Firm of Wael A Alissa, one of Saudi Arabia’s

leading law ﬁ rms, and is staffed by international and Saudi Arabian lawyers with in-depth knowledge and experience of both international and Saudi law.

UAE ADVOCACY & LITIGATION Abdul Malik & Associates – Advocates & Legal Consultants Baniyas Rd, Dubai Creek Tower, 5th Floor, Suite 5A, PO Box 21444 Dubai, United Arab Emirates Tel: +971 4 222 7008 Fax: +971 4 222 7002 Contact Person: Mohammed Abdul Malik or Abdul Hamid A Malik Email: maliklaw@ emirates.net.ae Company Details: Abdul Malik & Associates – Advocates & Legal Consultants was established in 1997 and is licensed to practice before Dubai Court and all United Arab Emirates Federal Courts. The ﬁ rm handles litigation for commercial cases, banking, insurance, labour and dispute resolution matters.

Al Bawardi Advocate & Legal Consultants Al Khaleej Centre, 701, 7th Floor, Al Mankol Street, PO BOX 5083, Dubai, UAE. Tel: +971 4 359 1115 Fax: +971 4 359 1103 Email: jummaadv@ emirates.net.ae Website: www.albawardi advocates.com Contact person: Abdul Rahman Osman Company Details: Al Bawardi Advocates & Legal Consultants has been established in the emirate of Dubai since 1976 and in Abu Dhabi since 1977 by UAE National Jumma Butti Al Bawardi and Iraqi national Sabah Mohammed Ali Mahmood. The ﬁ rm deals with with Arabic, English, French, Portuguese, Spanish & Italian which helps in providing complete legal services with the

help of highly qualified cadre, enabling to provide instant reports to fi rms clients. This fi rm has a wide experience in banking laws and cases, commercial and insurance cases, family matters, offshore incorporation, freezone companies, formation and all other legal matters including drafting agreements/ contracts. Practice areas: Abu Dhabi, Dubai, Sharjah, Ajman, Fujairah and all other places in the UAE court as well as municipality cases.

Al Midfa & Associates 1004/1005 Al Reem Tower, Al Maktoum Road, Deira, PO BOX 32367, Dubai Tel: +9714 227 2701 Fax: +9714 227 7422 Email: midfaadv@eim.ae Website: www.almidfa lawyers.com Contact person: Tina Thapar Company Details: We are a well established practice since 1997 of Advocates and Legal Consultants in Dubai specializing in all areas of Law for the UAE, including but not limited to Litigation, Corporate/ Commercial, Property, Wills and Inheritance, Family Law, Matrimonial, Labour, Intellectual Property matters as well as Construction Dispute resolution. We undertake cases dealing with Family Law in the UK. We are also registered agents for JAFZA. We have a qualiﬁed team of licenced Advocates as well as British lawyers, which enables us to competently advise and assist at ground root level as well as undertaking representation in the Courts, where necessary. For information on the correct Lawyer to deal with your problem contact: Tina Thapar, Practice Manager.

Ali Al Aidarous International Legal Practice Suite No. 101, Zalfa Building, Sheikh Rashid Road, Garhoud, Dubai, United Arab Emirates Tel: +971 4 282 8000 Fax: +971 4 282 8011 Contact Person: Naved Naqvi Email: legal@alialaidarous.com

Website: www.alialaidarous.com Company Details: A highly specialised corporate boutique law fi rm established by an experienced United Arab Emirates national attorney and supported by a team of highly qualified international lawyers, offering litigation and transactional services in international transactions, joint ventures, company formation, corporate structuring, mergers and acquisitions, property development, construction and real estate, maritime law, insurance law, banking law, corporate matters, fi nance, arbitration, distribution, intellectual property and labour law.

Habib Almulla & Co Sheikh Zayed, Al Attar Business Tower, 18th Floor, Dubai, PO Box 2268, Shk Khalifa St, Aliya Tower, Office No 042, Abu Dhabi, PO Box 44980 Tel: +971 4 3316868/ +971 2 6766003 Fax: +971 4 3316 050/ +971 2 67 66 033 Email: info@habibalmulla.com Website: www.habibalmulla.com Company Details: Established in 1984, Habib Al Mulla and Co is one of the leading and largest UAE law fi rm, with offices in both Dubai and Abu Dhabi. The fi rm offers full advices and legal services in all areas of law including but not limited to, Commercial, Corporate, Maritime, Insurance and International Trade, Real estate, Banking and Finance including Islamic Finance, Construction & Development, Trust, Family Business and Estate Planning, Employment, Shari’a, Arbitration, Litigation .

in 1980, with offices in Abu Dhabi and Dubai, and more than 70 internationally and locally qualified lawyers. We pride ourselves on our cosmopolitan, commercially focused approach and offer comprehensive services in the following practice areas: banking & fi nance; construction & engineering; corporate & commercial; insurance & international trade; M&A/private equity; private wealth; real estate; regulatory; technology; transportation and all related dispute resolution/ court advocacy.

Maamoun Al Khouli & Associates Pyramid Centre, Ofﬁce 110 PO Box 62232, Umm Hurair Dubai, UAE Tel: +971 4 336 8833 Fax: +971 4 336 9696 Contact Person: Mohamad Al Khouli Email: gm@alkhouli.ae Website: www.alkhouli.net Company Details: With a pedigree that stretches back to 1982 and licensed to practice before both the Dubai Courts and all United Arab Emirates Federal Courts, Maamoun Al Khouli & Associates are on hand for all your legal requirements.Whether you’re looking for advice on Business and Corporate Law or Maritime and IT Law, we have an expert who specialises in your particular area. So, when you need to talk about law, you need to talk to us. Let’s talk

ARBITRATION AND MEDIATION Al Suwaidi & Company Suite 237, Emarat Atrium, P O Box 7273, Dubai, United Arab Emirates Tel: + 971 4 321 1000 Fax: + 971 4 321 1001 Contact Person: Mohammed Al Suwaidi Email: suwaidi@alsuwaidi.ae Website: www.alsuwaidi.ae Company Details: Al Suwaidi & Company Advocates & Legal Consultants is a Law fi rm based in Dubai, United Arab Emirates, with offices in Abu Dhabi, Ajman and Sana. Focusing on a specific range of legal services available

to its local & international clients, in the following practice groups: Arbitration, Banking & Insurance, Civil & Commercial Litigation, Construction & Real Estate, Corporate & Corporate Finance, Industrial & Intellectual Property, Maritime Law and Oil & Gas

Clifford Chance LLP 3rd Floor, The Exchange Building, Dubai International Financial Centre, PO Box 9380 Dubai, UAE Tel: +971 4 362 0444 Fax: +971 4 362 0445 Contact Person: Graham Lovett, Gulf Managing Partner Email: graham.lovett@ cliffordchance.com Website: www.clifford chance.com Company Details: We apply our significant regional, European and international experience to a broad range of regulatory, investigations, sanctions, fraud and asset tracing, financial services litigation, construction, insurance, international arbitration, general commercial and corporate litigation, including all forms of alternative dispute resolution. Member of the DIFC Court Users Committee and the fi rst law fi rm to be registered to issue and conduct proceedings before the DIFC Courts.

Clyde & Co Dubai: City Tower 2, Sheikh Zayed Road, Dubai PO Box 7001, Dubai, United Arab Emirates Tel: + 971 4 331 1102 Fax: + 971 4 331 9920 Contact Person: Clinton Swan Email: clinton.swan@clydeco.ae Abu Dhabi: West Tower, Abu Dhabi Mall, Abu Dhabi PO Box 54204, Abu Dhabi, United Arab Emirates Tel: + 971 2 644 6633 Fax: + 971 2 644 2422 Contact person: Niall O’Toole Email: niall.o’toole@clydeco.ae Website: www.clydeco.com Company Details: International ﬁ rm. Top-ranked commercial law ﬁ rm in the GCC with 100+ lawyers locally and strong regional focus on the Middle East and Indian subcontinent. Regional

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ofﬁces in Dubai, Abu Dhabi and Doha. Winners: 2006 ILO Client Choice Award (United Arab Emirates), Ranked top in six out of nine areas for ME&A region (Legal 500). Focus: Corporate, Commercial, Arbitration/ Litigation, International Trade, Shipping, Aviation, Insurance, IT, IP, Construction & Property, Banking & Finance, Regulatory.

Habib Almulla & Co Sheikh Zayed, Al Attar Business Tower, 18th Floor, Dubai, PO Box 2268 Shk. Khalifa St., Aliya Tower, Office No. 042, Abu Dhabi, PO Box 44980 Tel: +971 4 3316868/ +971 2 6766003 Fax: +971 4 3316 050/ +971 2 67 66 033 Email: info@habibalmulla.com Website: www.habibalmulla.com Company Details: Established in 1984, Habib Al Mulla and Co is one of the leading and largest UAE law fi rm, with offices in both Dubai and Abu Dhabi. The fi rm offers full advices and legal services in all areas of law including but not limited to, Commercial, Corporate, Maritime, Insurance and International Trade, Real estate, Banking and Finance including Islamic Finance, Construction & Development, Trust, Family Business and Estate Planning, Employment, Shari’a, Arbitration, Litigation .

64 THEBRIEF

services in the following practice areas: banking & ﬁ nance; construction & engineering; corporate & commercial; insurance & international trade; M&A/private equity; private wealth; real estate; regulatory; technology; transportation and all related dispute resolution/ court advocacy.

Holman Fenwick & Willan Commercial Tower, Holiday Centre, Sheikh Zayed Road, PO Box 53934, Dubai, United Arab Emirates Tel: +971 4 331 7788 Fax: +971 4 331 9988 Contact Person: Edward Newitt Email: holmans@hfw.ae Website: www.hfw.com Company Details: We are a leading international law fi rm specialising in resolving disputes relating to international trade and commodities, insurance and reinsurance, construction, banking, corporate and commercial and particularly maritime transportation matters. The fi rm was Chambers Global Shipping Law Firm of the Year 2006 and Asian Legal Business Shipping Law Firm of the Year in 2007. The regional office in Dubai is staffed by a team of lawyers with many years of experience of the various GCC jurisdictions.

BANKING AND FINANCE Clifford Chance LLP 3rd Floor, The Exchange Building, Dubai International Financial Centre, PO Box 9380, Dubai, UAE Tel: +971 4 362 0444 Fax: +971 4 362 0445 Contact Person: Malcolm Turner, Partner Email: malcolm.turner@ cliffordchance.com Website: www.clifford chance.com Company Details: We have one of the leading banking and fi nance practices in the Middle East, covering energy and infrastructure, project fi nance, Islamic fi nance, corporate, syndicated and leveraged lending and real estate fi nance. We have four partners and

more than twenty associates, giving us the strength and depth to manage a wide variety of complex transactions at any one time.

Denton Wilde Sapte 26th Floor, API World Tower Sheikh Zayed Road, PO Box 1756 Dubai, United Arab Emirates Tel: +971 4 331 0220 Fax: +971 4 331 0201 Contact Person: Neil Cuthbert, Managing Partner, Gulf region Email: neil.cuthbert@ dentonwildesapte.com Website: www.denton wildesapte.com Company Details: Denton Wilde Sapte is the largest law fi rm in the Middle East, with over 80 lawyers, five regional offices and more than 40 years experience in the region. We specialise in four core client sectors: Financial Institutions, Energy, Transport & Infrastructure, Real Estate & Retail and Technology, Media & Telecoms. Our offering is under-pinned by in-depth knowledge of these industries, backed by a full range of commercial legal services.

Habib Almulla & Co Sheikh Zayed, Al Attar Business Tower, 18th Floor, Dubai, PO Box 2268, Shk. Khalifa St, Aliya Tower, Office No 042, Abu Dhabi, PO Box 44980 Tel: +971 4 3316868/ +971 2 6766003 Fax: +971 4 3316 050/ +971 2 67 66 033 Email: info@habibalmulla.com Website: www.habibalmulla.com Company Details: Established in 1984, Habib Al Mulla and Co is one of the leading and largest UAE law fi rm, with offices in both Dubai and Abu Dhabi. The fi rm offers full advices and legal services in all areas of law including but not limited to, Commercial, Corporate, Maritime, Insurance and International Trade, Real estate, Banking and Finance including Islamic Finance, Construction & Development, Trust, Family Business and Estate Planning, Employment, Shari’a, Arbitration, Litigation.

Hadef Al Dhahiri & Associates Abu Dhabi Tel: +971 2 627 6622 Contact Person: Dr Faraj Ahnish, Managing Partner Email: ahnish@hadalaw.ae Dubai Tel: +971 4 429 2999 Contact Person: Sadiq Jafar, Managing Partner Email: s.jafar@hadef.ae Website: www.hadalaw.com Company Details: A full-service business law fi rm established in 1980, with offices in Abu Dhabi and Dubai, and more than 70 internationally and locally qualified lawyers. We pride ourselves on our cosmopolitan, commercially focused approach and offer comprehensive services in the following practice areas: banking & fi nance; construction & engineering; corporate & commercial; insurance & international trade; M&A/private equity; private wealth; real estate; regulatory; technology; transportation and all related dispute resolution/ court advocacy.

Kanaan & Azhari Al Maidan Towers Al Maktoum Street, Deira PO Box 101 Dubai, United Arab Emirates Tel: +971 4 222 0780/ 222 9345 Fax: +971 4 228 4586 Company Details: Celebrating 30 years of excellence in the United Arab Emirates, we specialise in the representation of personal and commercial clients. With an international compliment of legal consultants, as well as local advocates, we are competent advisors on complex legal matters, and are able to advise on transactions, disputes and can also represent our clients in front of the Dubai Courts.

Company Details: Vinson & Elkins is one of the world’s largest international law fi rms. The fi rm has more than 750 lawyers practicing in Austin, Beijing, Dallas, Dubai, Houston, Hong Kong, London, Moscow, New York, Shanghai, Tokyo and Washington D.C. V&E is a leader in representing fi nancial institutions across a wide spectrum of fi nance transactions, including Islamic Finance, syndicated and leveraged fi nance, capital markets debt and equity offerings, acquisition fi nance, private equity engagements and restructurings.

CAPITAL MARKETS Cliﬀord Chance LLP 3rd Floor, The Exchange Building, Dubai International Financial Centre, PO Box 9380, Dubai, UAE Tel: +971 4 362 0444 Fax: +971 4 362 0445 Contact Person: Debashis Dey, Partner Email: debashis.dey@ cliffordchance.com Website: www.clifford chance.com Company Details: Our Middle East capital markets team is active in structuring and executing a wide range of high value capital markets transactions. Our clients includes dealers, arrangers, underwriters, ﬁ nancial advisors, originators and issuers, covering sukuk issues, bond and MTN issues and securitisation products.

COMMERCIAL LAW

Vinson & Elkins

Al Tamimi & Company

PO Box 504945, Emirates Towers Ofﬁces, Sheikh Zayed Road, Dubai, United Arab Emirates Tel: +971 4 403 1800 Fax: +971 4 330 1300 Contact Person: Gary M Kotara and Lewis W Jones Email: gkotara@velaw.com and ljones@velaw.com Website: www.velaw.com

Dubai International Financial Centre, Building 4, 6th Floor, PO BOX 9275 Dubai Tel: +9714 364 1641 Fax: +9714 364 1777 Email: l.cavanagh@tamimi.com Website: www.tamimi.com Contact person: Laura Cavanagh Company Details: Al Tamimi & Company is the largest local, non-afﬁ liated law

fi rm in the UAE with over 100 lawyers and offices in Dubai, Abu Dhabi, Sharjah, Baghdad, KSA, and an associate office in Doha. They specialise in Banking & Finance, Construction & Engineering, Corporate/Commercial, Family Business & Private Client, Telecommunication, IP/IT, Media, Litigation, Dispute Resolution, Arbitration, Maritime & Insurance and Property Law.

Allen & Overy LLP Level 2, The Gate Village Building GV08, Dubai International Financial Centre, PO Box 506678, Dubai, United Arab Emirates Tel: +971 (4) 426 7100 Fax: +971 (4) 426 7199 Contact Person: Dana Liparts, Business Development Manager Email: dana.liparts@allen overy.com Website: www.allenovery.com Company Details: Leading international legal practice with over 5,000 staff in 28 major centres worldwide. Strong Middle Focus, with 90+ lawyers in Dubai, Abu Dhabi and Riyadh and 30 years experience in the region. Key practice areas: corporate, commercial, M&A, private equity, project ﬁ nance, banking, capital markets, Islamic ﬁ nance and litigation/arbitration.

Alwasl International Group Advocates & Legal Consultants Sheikh Zayed Road, Al Hawai Tower, 12th Floor, PO Box 75771 Dubai, UAE Tel: +971 4 321 2555 Fax: +971 4 343 3180 Contact Person: Shourouk Ragheb Email: aalbayaa@awigalaw.ae or legal@awiglaw.ae Website: www.awiglaw.ae Company Details: Alwasl International Group Advocates & Legal Consultants (AWIG), is one of the most prominent local law ﬁ rms in the United Arab Emirates, the GCC and the Middle East. It is comprised of experienced lawyers and legal consultants specialised in various ﬁelds of the law

including commercial, corporate, IP, criminal, family, maritime and insurance law.

Bin Shabib & Associates (BSA), Advocates & Legal Consultants LLP Level 6, East Wing Building 3 The Gate Precinct, Dubai International Financial Centre (DIFC), PO Box 262 Dubai, UAE Tel: +9714 368 5555 Fax: +9714 368 5000 Contact Person: Jimmy Haoula - Managing Partner Email: jimmy.haoula@bsa.ae Website: www.bsa.ae Company Details: BSA prides itself as the proponent of “Legal Innovation.” As the ﬁ rst United Arab Emiratesbased law ﬁ rm to register with the DIFC their 25 lawyers genuine enthusiasm shines through in Corporate, Commercial, M&A, IPO, Construction, Banking, Real Estate, Litigation, Arbitration & Dispute Resolution, Maritime, Aerospace, Trade & Insurance, IT and Outsourcing Law.

Clifford Chance LLP 3rd Floor, The Exchange Building, Dubai International Financial Centre, PO Box 9380 Dubai, United Arab Emirates Tel: +971 4 362 0444 Fax: +971 4 362 0445 Contact Person: Graham Lovett, Gulf Managing Partner Email: graham.lovett@ cliffordchance.com Website: www.clifford chance.com Company Details: Clifford Chance is a full service international law fi rm, with 27 offices in 20 countries. Its long-established Dubai office is fully linked into the Clifford Chance network and has over 70 lawyers advising on corporate & commercial, regulatory, banking & projects, capital markets, Islamic Finance, structured debt, real estate, construction and dispute resolution matters.

Fax: + 971 4 331 9920 Contact Person: Clinton Swan Email: clinton.swan@clydeco.ae Abu Dhabi: West Tower, Abu Dhabi Mall, Abu Dhabi PO Box 54204, Abu Dhabi, United Arab Emirates Tel: + 971 2 644 6633 Fax: + 971 2 644 2422 Contact person: Niall O’Toole Email: niall.o’toole@clydeco.ae Website: www.clydeco.com Company Details: International fi rm. Top-ranked commercial law fi rm in the GCC with 100+ lawyers locally and strong regional focus on the Middle East and Indian subcontinent. Regional offices in Dubai, Abu Dhabi and Doha. Winners: 2006 ILO Client Choice Award (United Arab Emirates), Ranked top in six out of nine areas for ME&A region (Legal 500). Focus: Corporate, Commercial, Arbitration/Litigation, International Trade, Shipping, Aviation, Insurance, IT, IP, Construction & Property, Banking & Finance, Regulatory.

Clyde & Co Dubai:City Tower 2, Sheikh Zayed Road, Dubai PO Box 7001, Dubai, UAE Tel: + 971 4 331 1102

Hadef Al Dhahiri & Associates Abu Dhabi Tel: +971 2 627 6622 Contact Person: Dr Faraj Ahnish,

Managing Partner Email: ahnish@hadalaw.ae Dubai Tel: +971 4 429 2999 Contact Person: Sadiq Jafar, Managing Partner Email: s.jafar@hadef.ae Website: www.hadalaw.com Company Details: A full-service business law firm established in 1980, with offices in Abu Dhabi and Dubai, and more than 70 internationally and locally qualified lawyers. We pride ourselves on our cosmopolitan, commercially focused approach and offer comprehensive services in the following practice areas: banking & finance; construction & engineering; corporate & commercial; insurance & international trade; M&A/private equity; private wealth; real estate; regulatory; technology; transportation and all related dispute resolution/court advocacy.

Helene Mathieu Legal Consultants Suite 402, Bank Street Building, Khalid bin Waleed Street, P.O. Box 28845, Dubai, UAE Tel: +971 4 352 5303 Fax: +971 4 351 9877 Contact Person: Helene Mathieu Email: info@hmlc.ae Website: www.hmlc.ae Company Details: Founded by Hélène Mathieu, a Canadian Barrister and Solicitor, HMLC is a team of experienced attorneys and consultants with a shared vision of distinction. We specialise in Commercial and Corporate Law, Franchise & Distributorship, Real Estate, Due Diligence and Drafting of Legal Documents, Debt Recovery, Labor and Family Law, Wills and Successions, Notarial & Attestation Services. We provide services in English, French, Arabic, Russian, German, Spanish, Hindi, Malayalam, and Tagalog.

Website: www.hfw.com Company Details: We are a leading international law fi rm advising on a wide range of commercial matters including asset fi nance, corporate & commercial, banking, property and regulatory issues. Our regional office in Dubai is staffed by a team of lawyers with many years of experience of the various GCC jurisdictions.

Hugh Fraser International PO Box 118273, Floor 20, Al Attar Business Tower, Sheikh Zayed Road, Dubai, UAE Tel: +971 4 332 0007 Fax: +971 4 332 0008 Contact Person: Annisa Loadwick Email: info@hﬁinternational.com Website: www.hﬁinternational.com Company Details: HFI is a specialist international corporate/commercial legal and business ventures consultancy with its origins in the North Sea oil and gas industry. We aim to offer a competitive edge through a powerful combination of legal and commercial expertise, with our focus on the energy, environmental and water sectors.

Kanaan & Azhari

Holman Fenwick & Willan

Al Maidan Towers Al Maktoum Street Deira, PO Box 101 Dubai, United Arab Emirates Tel: +971 4 222 0780/ 222 9345 Fax: +971 4 228 4586 Company Details: Celebrating 30 years of excellence in the United Arab Emirates, we specialise in the representation of personal and commercial clients. With an international compliment of legal consultants, as well as local advocates, we are competent advisors on complex legal matters, and are able to advise on transactions, disputes and can also represent our clients in front of the Dubai Courts.

Commercial Tower, Holiday Centre, Sheikh Zayed Road, PO Box 53934, Dubai, United Arab Emirates Tel: +971 (4) 331 7788 Fax: +971 (4) 331 9988 Contact Person: Rula Dajani Email: holmans@hfw.ae

Level 6, Al Attar Business Tower, Sheikh Zayed Road, PO Box 506602, Dubai, United Arab Emirates Tel: +971 4304 5555 Fax: +971 4304 5550

Lovells (Middle East) LLP

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Contact Person: Shibeer Ahmed, Dubai Managing Partner Email: shibeer.ahmed@ lovells.com Website: www.lovells.com Company Details: Lovells’ Dubai office has an experienced team of 30 lawyers able to give legal advice on a range of fi nance, both conventional and Islamic, and corporate issues. Clients across the Middle East also have access to the fi rm’s extensive international network of offices in Asia, Europe and North America.

Shalakany Law Office (Dubai branch office) API World Tower, Suite 204 Sheikh Zayed Road, PO Box 22880, Dubai, UAE Tel: +971 4 332 7879 Fax: +971 4 332 7870 Contact Person: Mr Yasser Omar Email: mail@shalakany.ae Website: www.shalakany.com Company Details: Shalakany Law Office in Dubai, established as a correspondent office for the main Firm in Cairo (est 1912), provides its clients with a wide range of legal services covering the six countries of the GCC region in addition to Yemen and Iran; relying on its long experience in the region serving transnational companies and using a network of reliable law fi rms across the region to provide regional legal management for its clients.

Trowers & Hamlins Bur Juman Business Tower, Sheikh Khalifa Bin Zayed Road, PO Box 23092, Dubai, UAE Tel: +971 4 351 9201 Fax: +971 4 351 9205 Butti Al Otaiba Building Khalifa Street, PO Box 45628 Abu Dhabi Tel: +971 2 626 7274 Fax: +971 2 626 7276 Website: www.trowers.com Contact person: Nick White – Resident Managing Partner – United Arab Emirates Email: nwhite@trowers.com Company Details: Trowers & Hamlins is a long-established international law ﬁ rm with more than 600 staff, ofﬁces in Abu Dhabi, Bahrain, Cairo,

66 THEBRIEF

Dubai, London (head office), Oman and Saudi Arabia (associated office). The fi rm provides the full range of legal services covering projects, construction, dispute resolution and all aspects of corporate and commercial advice.

CONSTRUCTION AND DEVELOPMENT Berrymans Lace Mawer Al Khaleej Centre, Suite 115, Bur Dubai, PO Box 28597, Dubai, UAE Tel: +971 4 359 9939 Fax: +971 4 359 9938 Contact Person: Jeremy Cama, Partner Email: jeremycama@blm-United Arab Emirates.com or dubai@ blm-United Arab Emirates.com Website: www.blm-United Arab Emirates.com Company Details: Berrymans’ Dubai office is supported by the fi rm’s seven UK offices, with its headquarters in the City of London. We are focused in three key practice areas of Construction (contracts and dispute resolution), Real Estate and Property Development and Corporate/Commercial, advising on Infrastructure, Retail, Commercial, Residential and Mixed-Use projects, as well as providing corporate and commercial law advice, including advice on acquisitions, joint ventures and on Foreign Direct Investment.

Equilibrium Legal Consultants PO Box: 83633, Dubai, UAE Tel: +971-4-3963361 Fax: +971-4-3963668 Contact Person: Ms. Kokila Alagh Email: info@equilibrium legal.com Website: www.equilibrium legal.com Company Details: Equilibrium Legal Consultants is a fullservice law ﬁ rm with a wellbalanced professional approach. Our panel of specialized lawyers consists of a multicultural team from all over the world. We have signiﬁcant legal practice in numerous disciplines, offering

our clients extensive litigation experience, along with legal consultation in real estate, company formations, corporate law, labour laws, trademark, copyright and other intellectual property registration, family and civil law, drafting and reviewing all corporate, commercial and other legal documents.

Hill International 21st ﬂoor, API Tower, Sheikh Zayed Road, PO Box 31450, Dubai Tel: +971 4 332 4544 Fax: +971 4 332 4891 Contact Person: Bill Kennedy Email: dxb@hillintl.com Website: www.hillintl.com Company Details: Hill International, the leader in construction claims consulting, offers its clients a spectrum of construction dispute resolution services including claims resolution, case strategy, issue analysis, establishment of causation, cost recovery, damages assessment, schedule and delay analysis, litigation support, expert witness testimony, mitigation, claims

prevention, training programs and other management support.

CORPORATE LAW Ali Al Aidarous International Legal Practice Suite No 101, Zalfa Building, Sheikh Rashid Road, Garhoud, Dubai, UAE Tel: +971 4 2828000 Fax: +971 4 2828011 Contact Person: Naved Naqvi Email: legal@alialaidarous.com Website: www.alialaidarous.com Company Details: A highly specialised corporate boutique law ﬁ rm established by an experienced UAE national attorney and supported by a team of international lawyers, offering litigation and transactional services in international transactions, joint ventures, company formation, corporate structuring, mergers and acquisitions, property development, construction and real estate, maritime law, insurance law, banking law, corporate matters, ﬁ nance, arbitration, distribution, intellectual property and labour law.

Ashurst Level 5, Gate Precinct Building 3, Dubai International Financial Centre, Dubai, UAE Tel: +971 4 365 2000 Fax: +971 4 365 2050 Contact person: Nick Bryans (Managing Partner) Email: nick.bryans@ashurts.com Website: www.ashurst.com Company Details: Ashurst is an international law fi rm with over 1,000 lawyers in 12 countries throughout the Middle East, Asia, Europe, and the US. Working with other offices from across the Ashurst network, our Dubai office advises on legal issues including corporate, M&A and private equity, capital markets, projects, funds and fi nance in a variety of sectors.

Cliﬀord Chance LLP 3rd Floor, The Exchange Building, Dubai International Financial Centre, PO Box 9380 Dubai, UAE

Tel: +971 4 362 0444 Fax: +971 4 362 0445 Contact Person: Simon Clinton, Head of Corporate, Middle East Email: simon.clinton@ cliffordchance.com Website: www.clifford chance.com Company Details: We apply our signiﬁcant regional, European and international experience to a broad range of corporate and commercial activities including mergers, acquisitions and disposals (both public and private), joint ventures, equity capital markets, corporate restructurings, private equity and funds. In addition, we have experts in real estate and regulatory.

Habib Almulla & Co Sheikh Zayed, Al Attar Business Tower, 18th Floor, Dubai, PO Box 2268 Shk Khalifa St, Aliya Tower, Office No 042, Abu Dhabi, PO Box 44980 Tel: +971 4 3316868/ +971 2 6766003 Fax: +971 4 3316 050/ +971 2 67 66 033 Email: info@habibalmulla.com Website: www.habibalmulla.com Company Details: Established in 1984, Habib Al Mulla and Co is one of the leading and largest UAE law fi rm, with offices in both Dubai and Abu Dhabi. The fi rm offers full advices and legal services in all areas of law including but not limited to, Commercial, Corporate, Maritime, Insurance and International Trade, Real estate, Banking and Finance including Islamic Finance, Construction & Development, Trust, Family Business and Estate Planning, Employment, Shari’a, Arbitration, Litigation.

Company Details: A full-service business law fi rm established in 1980, with offices in Abu Dhabi and Dubai, and more than 70 internationally and locally qualified lawyers. We pride ourselves on our cosmopolitan, commercially focused approach and offer comprehensive services in the following practice areas: banking and fi nance; construction and engineering; corporate and commercial; insurance and international trade; M&A/private equity; private wealth; real estate; regulatory; technology; transportation and all related dispute resolution/court advocacy.

Helene Mathieu Legal Consultants Suite 402, Bank Street Building, Khalid bin Waleed Street, P.O. Box 28845, Dubai, UAE Tel: +9714 352 5303 Fax: +9714 351 9877 Contact Person: Helene Mathieu Email: info@hmlc.ae Website: www.hmlc.ae Company Details: Founded by Hélène Mathieu, a Canadian Barrister and Solicitor, HMLC is a team of experienced attorneys and consultants with a shared vision of distinction. We specialize in Commercial and Corporate Law, Franchise & Distributorship, Real Estate, Due Diligence and Drafting of Legal Documents, Debt Recovery, Labor and Family Law, Wills and Successions, Notarial & Attestation Services. We provide services in English, French, Arabic, Russian, German, Spanish, Hindi, Malayalam, and Tagalog.

Herbert Smith LLP Level 42, Emirates Tower, PO Box 31303 Sheikh Zayed Road, Dubai, UAE Tel:+971 4 319 7945 Fax: +971 4 319 7958 Contact Person: Neil Brimson, Managing Partner- Middle East Email: neil.brimson@ herbertsmith.com Website: www.herbertsmith.com Company Details: Herbert Smith is a leading international legal

practice with a 1,200-lawyer network across Europe, the Middle East and Asia. We provide our clients with a dedicated six-partner team in our Dubai ofﬁce, offering a full range of legal advice including: energy and infrastructure, corporate, ﬁ nance, dispute resolution and construction.

including initial public offerings, private placements and public offerings of equity, debt (high yield and investment grade) and convertible securities, corporate recapitalizations and mergers and acquisitions.

International Law Firm Mizzau

Alwasl International Group Advocates & Legal Consultants

Al Etihad Building, Suite 908 Port Saeed, Deira, PO Box 116670, Dubai, United Arab Emirates Tel: +971 4 295 9552 Fax: +971 4 295 6866 Contact Person: Ms Isharaga Abutaha Email: mizzau@eim.ae or ishraga@mizzau.ae Website: www.mizzau.com Company Details: The International Law Firm Mizzau is recognised as one of the largest business law fi rms in Italy. The Italian law fi rm has branches in Europe, USA and Dubai. The fi rm’s areas of practice are: Commercial and Criminal Law, Litigation Management, Intellectual Property, Construction and Real Estate, Corporate and Corporate Finance, Banking and Finance, International Trade and Commerce.

CRIMINAL LAW

Sheikh Zayed Road, Al Hawai Tower, 2th Floor, PO Box 75771 Dubai, UAE Tel: +971 4 321 2555 Fax: +971 4 343 3180 Contact Person: Shourouk Ragheb Email: aalbayaa@awigalaw.ae or legal@awiglaw.ae Website: www.awiglaw.ae Company Details: Alwasl International Group Advocates & Legal Consultants (AWIG), is one of the most prominent local law ﬁ rms in the United Arab Emirates, the GCC and the Middle East. It is comprised of experienced lawyers and legal consultants specialised in various ﬁelds of the law including commercial, corporate, IP, criminal, family, maritime and insurance law.

ENERGY Vinson & Elkins PO Box 504945 Emirates Towers Offices Sheikh Zayed Road Dubai, UAE Tel: +971 4 403 1800 Fax: +971 4 330 1300 Contact Person: Gary M Kotara and Lewis W. Jones Email: gkotara@velaw.com and ljones@velaw.com Website: www.velaw.com Company Details: Vinson & Elkins is one of the world’s largest international law fi rms. The fi rm has more than 750 lawyers practicing in Austin, Beijing, Dallas, Dubai, Houston, Hong Kong, London, Moscow, New York, Shanghai, Tokyo and Washington D.C V&E represents issuers and underwriters in a broad range of corporate transactions,

Baker Botts LLP BurJuman Business Tower 19th Floor, Trade Centre Road, Bur Dubai, P.O. Box 119210 Dubai, UAE Tel: +971 4 506 5100 Fax: +971 4 506 5100 Contact Person: David Emmons, Partner in Charge Email: david.emmons@ bakerbotts.com Website: www.bakerbotts.com Company Details: Baker Botts’s Middle East practice provides service to clients in a number of sectors in the energy industry, including oil & gas exploration and development, oilﬁeld services, electric power, desalination, LNG, petrochemicals, reﬁ ning, pipelines and gas-to-liquids. Our energy-related project

development and ﬁ nance work is enhanced by our experience with the complex issues faced in ﬁ nancing these projects under local law.

matters. In 2006, V&E counselled energy clients on more than 2,000 matters— collectively valued at more than US$187 billion.

Denton Wilde Sapte 26th Floor, API World Tower Sheikh Zayed Road, PO Box 1756, Dubai, UAE Tel: +971 4 331 0220 Fax: +971 4 331 0201 Contact Person: Vincent Mulvey, Partner Email: vincent.mulvey@ dentonwildesapte.com Website: www.denton wildesapte.com Company Details: Denton Wilde Sapte is the largest law fi rm in the Middle East, with over 80 lawyers, five regional offices and more than 40 years experience in the region. We specialise in four core client sectors: Financial Institutions, Energy, Transport & Infrastructure, Real Estate & Retail and Technology, Media & Telecoms. Our offering is under-pinned by in-depth knowledge of these industries, backed by a full range of commercial legal services.

Vinson & Elkins P.O. Box 504945, Emirates Towers Offices, Sheikh Zayed Road, Dubai, UAE Tel: +971 4 403 1800 Fax: +971 4 330 1300 Contact Person: Gary M. Kotara and Lewis W. Jones Email: gkotara@velaw.com and ljones@velaw.com Website: www.velaw.com Company Details: Vinson & Elkins is one of the world’s largest international law fi rms. The fi rm has more than 750 lawyers practicing in Austin, Beijing, Dallas, Dubai, Houston, Hong Kong, London, Moscow, New York, Shanghai, Tokyo and Washington DC. V&E is a global leader in the energy sector. We have extensive experience in advising clients on oil, gas, power and petrochemical transactional, regulatory and litigation

INSURANCE Habib Almulla & Co Sheikh Zayed, Al Attar Business Tower, 18th Floor, Dubai, PO Box 2268 Shk Khalifa St, Aliya Tower, Office No 042, Abu Dhabi, PO Box 44980 Tel: +971 4 3316868/ +971 2 6766003 Fax: +971 4 3316 050/ +971 2 67 66 033 Email: info@habibalmulla.com Website: www.habibalmulla.com Company Details: Established in 1984, Habib Al Mulla and Co is one of the leading and largest UAE law fi rm, with offices in both Dubai and Abu Dhabi. The fi rm offers full advices and legal services in all areas of law including but not limited to, Commercial, Corporate, Maritime, Insurance and International Trade, Real estate, Banking and Finance including Islamic Finance, Construction & Development, Trust, Family Business and Estate Planning, Employment, Shari’a, Arbitration, Litigation.

INTELLECTUAL PROPERTY Abutaha Intellectual Property (ABIP) Al Etihad Building, Suite 908, Port Saeed, Deira, PO Box 116670, Dubai, UAE Tel: +971 4 295 9552 Fax: +971 4 295 6866 Contact person: Isharaga Abutaha Email: abip@mizzau.ae Company Details: The founders of ABIP being in IP Practice for 15 years specialized in: Trademark, Copyright, Patent and Industrial Design Registration, Inspection, Maintenance and Prosecution; Management IP Right, Licensing, Mortgage and Transfer of IP Rights, IP Rights Administration & Litigation Management;

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Media Law and Contracts Management, Information Technology Contracts and Litigation Management.

Denton Wilde Sapte 26th Floor, API World Tower Sheikh Zayed Road, PO Box 1756, Dubai, UAE Tel: + 971 4 331 0220 Fax: + 971 4 331 0201 Contact Person: Chris Appleby, Partner Email: chris.appleby@ dentonwildesapte.com Website: www.denton wildesapte.com Company Details: Denton Wilde Sapte is the largest law fi rm in the Middle East, with over 80 lawyers, five regional offices and more than 40 years experience in the region. We specialise in four core client sectors: Financial Institutions, Energy, Transport & Infrastructure, Real Estate & Retail and Technology, Media & Telecoms. Our offering is under-pinned by in-depth knowledge of these industries, backed by a full range of commercial legal services.

Hadef Al Dhahiri & Associates Abu Dhabi Tel: +971 2 627 6622 Contact Person: Dr Faraj Ahnish, Managing Partner Email: ahnish@hadalaw.ae Dubai Tel: +971 4 429 2999 Contact Person: Sadiq Jafar, Managing Partner Email: s.jafar@hadef.ae Website: www.hadalaw.com Company Details: A full-service business law fi rm established in 1980, with offices in Abu Dhabi and Dubai, and more than 70 internationally and locally qualified lawyers. We pride ourselves on our cosmopolitan, commercially focused approach and offer comprehensive services in: banking & fi nance; construction & engineering; corporate & commercial; insurance & international trade; M&A/private equity; private wealth; real estate; regulatory; technology; transportation and all related dispute resolution/ court advocacy.

68 THEBRIEF

Rouse & Co International Suite 2004, Twin Towers, Beniyas Road, PO Box 31778, Dubai, UAE Tel: +971 4 224 7678 Fax: +971 4 224 7658 Contact Person: Sara Holder Email: tbenquiries@iprights.com Website: www.iprights.com Company Details: Rouse & Co International is a leading global Intellectual Property (IP) consultancy. Operating in Dubai since 1997, we are regularly ranked as one of the leading ﬁ rms in the United Arab Emirates for IP. We advise on all aspects of the acquisition, maintenance, enforcement and exploitation of trade marks, patents, designs and copyright.

Contact Person: Amanda Dowie Email: amanda@ appleselection.com Website: www. appleselection.com Company Details: Apple Search & Selection offers a very personalised, executive recruitment service. Our fresh and honest approach to ensuring cultural and strategic ﬁt between clients and the candidates we present is tailored to minimising the workload, releasing the pressure of decision making and signiﬁcantly reducing the recruitment cycle time. We develop our business based on long-term relationships and have an excellent reputation for service delivery.

ISLAMIC FINANCE Charterhouse Search Habib Almulla & Co Sheikh Zayed, Al Attar Business Tower, 18th Floor, Dubai, PO Box 2268, Shk. Khalifa St, Aliya Tower, Office No. 042, Abu Dhabi, PO Box 44980 Tel: +971 4 3316868/ +971 2 6766003 Fax: +971 4 3316 050/ +971 2 67 66 033 Email: info@habibalmulla.com Website: www.habibalmulla.com Company Details: Established in 1984, Habib Al Mulla and Co is one of the leading and largest UAE law fi rms, with offices in both Dubai and Abu Dhabi. The fi rm offers full advices and legal services in all areas of law including, Commercial, Corporate, Maritime, Insurance and International Trade, Real estate, Banking and Finance including Islamic Finance, Construction & Development, Trust, Family Business and Estate Planning, Employment, Shari’a, Arbitration, Litigation.

LEGAL RECRUITMENT Apple Search & Selection Grosvenor House Commercial Tower, Ofﬁce 1202, PO Box 214982, Dubai, United Arab Emirates Tel: +971 4 329 8220 Fax: +971 4 329 8221

Office 108, Al Moosa Tower 1, Sheikh Zayed Road, PO Box 75972, Dubai, UAE Tel: +971 4 332 8061 Fax: +971 4 332 8062 Contact Person: Jennifer Campori, Managing Director Email: md@charterhouse search.com Web: www.charterhouse search.com Company Details: Charterhouse Search is an innovative executive search organisation with a strong, team-based culture and a passion for delivering the highest standards of service to both candidates and clients. Through a comprehensive, refi ned process of search and selection we are able to identify the ideal candidates for a range of executive-level and specialist positions. Our global network of offices in the Middle East, Australia, Singapore, Hong Kong and London enable us to identify, approach, interview and reference the ideal candidates quickly and efficiently. With an established track record, and highly experienced, driven consultants, Charterhouse Search is in prime position to help fulfi l the most challenging assignments; for your organization or your career.

First Counsel 5th Floor, Building 3, DIFC, PO Box 506547, Dubai, UAE Tel: +971 4 363 7240 Fax: +971 4 363 7239 Contact Person: Abby Seales/ Mark Walters Email: abby.seales@ fi rst-counsel.co.uk mark.walters@first-counsel.co.uk Website: www.fi rstcounsel.co.uk Company Details: First Counsel is a boutique legal recruitment consultancy with offices in London, Dubai and Sydney. Our Middle East office opened in DIFC in January last year and already we have enjoyed considerable success in placing lawyers at all levels of experience across the region, from Equity Partner to newly qualified, from General Counsel to junior inhouse lawyers.

Laurence Simons 20th Floor, Al Moosa Tower One, Sheikh Zayed Road, PO Box 73256, Dubai, UAE Tel: +971 (0)4 329 5955 Fax: +971 (0)4 329 1500 Contact Person: Mark Anderson Email: mark.anderson@ laurencesimons.com Website: www.laurence simons.com Company Details: Laurence Simons International is a 20-year established legal recruitment consultancy with eleven ofﬁces spanning four continents. From our Dubai ofﬁce we handle both in-house and private practice appointments across the Middle East. According to our clients we have the regions most experienced legal recruitment team, headed by Mark Anderson and Louise Wall.

RP International Ground Floor, Ofﬁce 05, Building 2, Dubai Internet City, PO BOX 500313, Dubai, UAE Tel: +971 4 391 0305/ +971 4 391 0081 Fax: +971 4 391 0309 Contact Person: Victoria Pennington, Hanli Harding Email: val@rpint.com, hch@ rpint.com Website: www.rpint.com

Company details: A leading international search fi rm with offices in Dubai, London, Singapore and Sydney. Founded in Dubai in 2003, our legal practice consists of consultants who have unrivaled international legal recruitment experience in the Middle East, Asia, Australia and Europe. RPI has an outstanding track record having consistently placed lawyers at all levels within leading international law fi rms, investment banks and multinational and regional corporations.

OFFSHORE LAW Conyers Dill & Pearman Limited Level 2, Gate Village 4 Dubai International Finance Centre, PO Box 506528 Dubai, UAE Tel: +971 4 428 2900 Fax: +971 4 428 2999 Contact Person: Roger Burgess – Managing Partner Email: roger.burgess@ conyersdillandpearman.com Website: www. conyersdillandpearman.com Company Details: Conyers Dill & Pearman is an international offshore law fi rm which specialises in company and commercial law, commercial litigation and private client matters. The Firm advises on Bermuda, British Virgin Islands and Cayman Islands law with a particular emphasis on project fi nance, structured fi nance, private equity funds, insurance and joint-venture transactions. Established in 1928, Conyers Dill & Pearman pioneered the concept of multijurisdictional offshore law and now has offices in Dubai, Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Hong Kong, London, Moscow and Singapore.

Maples and Calder Exchange Building, 5th Floor Dubai International Financial Centre, PO Box 119980 Dubai, United Arab Emirates Tel: +971 360 4070

Fax: +971 360 4080 Contact Person: Tahir Jawed, Managing Partner Email: tahir.jawed@ maplesandcalder.com Website: www.maples andcalder.com Company Details: The world’s leading offshore law fi rm and the fi rst offshore law fi rm to establish an office in Dubai, Maples and Calder offers advice on Cayman Islands, British Virgin Islands, Jersey and Irish law from its various offices. Specialising in investment fund formation and the offshore aspects of Islamic fi nance structures, the fi rm has already advised on many of the leading private equity funds and fi nance transactions in the Middle East and offers unparalleled expertise and experience in the region.

Tower, Office No. 042, Abu Dhabi, PO Box 44980 Tel: +971 4 3316868/ +971 2 6766003 Fax: +971 4 3316 050/ +971 2 67 66 033 Email: info@habibalmulla.com Website: www.habibalmulla.com Company Details: Established in 1984, Habib Al Mulla and Co is one of the leading and largest UAE law fi rm, with offices in both Dubai and Abu Dhabi. The fi rm offers full advices and legal services in all areas of law including but not limited to, Commercial, Corporate, Maritime, Insurance and International Trade, Real estate, Banking and Finance including Islamic Finance, Construction & Development, Trust, Family Business and Estate Planning, Employment, Shari’a, Arbitration, Litigation .

Walkers (Dubai) LLP

Hadef Al Dhahiri & Associates

Fifth Floor, The Exchange Building, Dubai International Financial Centre, PO Box 506513, Dubai, UAE Tel: +971 4 363 7999 Fax: +971 4 363 7033 Contact Person: Rod Palmer, Managing Partner Email: rod.palmer@ walkersglobal.com Website: www.walkers global.com Company Details: From our offices in Dubai, the Cayman Islands, BVI, Hong Kong, Jersey and London, Walkers represents leading FORTUNE 100 and FTSE 100 global corporations and fi nancial institutions and is the offshore law fi rm of choice for investment managers, fi nancial institutions and international law fi rms. Our Dubai office has established itself as a market leader for offshore legal services in the investment funds and Islamic fi nance market.

Abu Dhabi Tel: +971 2 627 6622 Contact Person: Dr Faraj Ahnish, Managing Partner Email: ahnish@hadalaw.ae Dubai Tel: +971 4 429 2999 Contact Person: Sadiq Jafar, Managing Partner Email: s.jafar@hadef.ae Website: www.hadalaw.com Company Details: A full-service business law fi rm established in 1980, with offices in Abu Dhabi and Dubai, and more than 70 internationally and locally qualified lawyers. We pride ourselves on our cosmopolitan, commercially focused approach and offer services in: banking and fi nance; construction and engineering; corporate and commercial; insurance and international trade; M&A/private equity; private wealth; real estate; regulatory; technology; transportation and all related dispute resolution/ court advocacy.

PRIVATE WEALTH

REAL ESTATE

Habib Almulla & Co

Denton Wilde Sapte

Sheikh Zayed, Al Attar Business Tower, 18th Floor, Dubai, PO Box 2268, Shk Khalifa St, Aliya

26th Floor, API World Tower Sheikh Zayed Road, PO Box 1756 Dubai, UAE

Tel: +971 4 331 0220 Fax: +971 4 331 0201 Contact Person: David Courtney– Hatcher, Partner Email: david.courtney–hatcher@ dentonwildesapte.com Website: www.denton wildesapte.com Company Details: Denton Wilde Sapte is the largest law fi rm in the Middle East, with over 80 lawyers, five regional offices and more than 40 years experience in the region. We specialise in four core client sectors: Financial Institutions, Energy, Transport & Infrastructure, Real Estate & Retail and Technology, Media & Telecoms. Our offering is under-pinned by in-depth knowledge of these industries, backed by a full range of commercial legal services.

Website: www.hadalaw.com Company Details: A fullservice business law fi rm established in 1980, with offices in Abu Dhabi and Dubai, and more than 70 internationally and locally qualified lawyers. We pride ourselves on our cosmopolitan, commercially focused approach and offer comprehensive services in the following practice areas: banking & fi nance; construction & engineering; corporate & commercial; insurance & international trade; M&A/private equity; private wealth; real estate; regulatory; technology; transportation and all related dispute resolution/ court advocacy.

Tel: +971 4 3316868/ +971 2 6766003 Fax: +971 4 3316 050/ +971 2 67 66 033 Email: info@habibalmulla.com Website: www.habibalmulla.com Company Details: Established in 1984, Habib Al Mulla and Co is one of the leading and largest UAE law fi rm, with offices in both Dubai and Abu Dhabi. The fi rm offers full advices and legal services in all areas of law including but not limited to, Commercial, Corporate, Maritime, Insurance and International Trade, Real estate, Banking and Finance including Islamic Finance, Construction & Development, Trust, Family Business and Estate Planning, Employment, Shari’a, Arbitration, Litigation .

SHIPPING

Hadef Al Dhahiri & Associates

Hadef Al Dhahiri & Associates Tel: +971 2 627 6622 Contact Person: Dr Faraj Ahnish, Managing Partner Email: ahnish@hadalaw.ae Dubai Tel: +971 4 429 2999 Contact Person: Sadiq Jafar, Managing Partner Email: s.jafar@hadef.ae

Fichte & Co 207, Al Wadi Building Sheikh Zayed Road PO Box 116637, Dubai UAE Tel: + 971 4 3434564 Fax: + 971 4 3434613 Contact Person: Jasamin Fichte – Managing Partner Email: info@fichtelegal.com Website: www.fichtelegal.com Company Details: Highly specialised international fi rm with strong focus on shipping, international trade, commercial and corporate law. Head Office is in Dubai, Fully functional business office in Tehran (only international lawfi rm present in Iran) and international network of associated lawfi rms all over the world to guarantee a high standard of service to our clients. Lawyers come from several different nations, hence able to deal seamlessly and efficiently with clients in different jurisdictions and governing laws.

Abu Dhabi Tel: +971 2 627 6622 Contact Person: Dr Faraj Ahnish, Managing Partner Email: ahnish@hadalaw.ae Dubai Tel: +971 4 429 2999 Contact Person: Sadiq Jafar, Managing Partner Email: s.jafar@hadef.ae Website: www.hadalaw.com Company Details: A full-service business law fi rm established in 1980, with offices in Abu Dhabi and Dubai, and more than 70 internationally and locally qualified lawyers. We pride ourselves on our cosmopolitan, commercially focused approach and offer comprehensive services in the following practice areas: banking & fi nance; construction & engineering; corporate & commercial; insurance & international trade; M&A/private equity; private wealth; real estate; regulatory; technology; transportation and all related dispute resolution/ court advocacy.

TELECOMMUNICATIONS

Habib Almulla & Co

Denton Wilde Sapte

Sheikh Zayed, Al Attar Business Tower, 18th Floor, Dubai, PO Box 2268, Shk. Khalifa St, Aliya Tower, Ofﬁce No 042, Abu Dhabi, PO Box 44980

26th Floor, API World Tower Sheikh Zayed Road PO Box 1756 Dubai, United Arab Emirates Tel: +971 4 331 0220

THEBRIEF 69

THE DIRECTORY

Fax: +971 4 331 0201 Contact Person: Roderick Kirwan, Partner Email: roderick.kirwan@ dentonwildesapte.com Website: www.denton wildesapte.com Company Details: Denton Wilde Sapte is the largest law fi rm in the Middle East, with over 80 lawyers, five regional offices and more than 40 years experience in the region. We specialise in four core client sectors: Financial Institutions, Energy, Transport & Infrastructure, Real Estate & Retail and Technology, Media & Telecoms. Our offering is under pinned by in-depth knowledge of these industries, backed by a full range of commercial legal services.

Kanaan & Azhari Al Maidan Towers, Al Maktoum Street, Deira, PO Box 101 Dubai, UAE Tel: +971 4 222 0780/ 222 9345 Fax: +971 4 228 4586 Company Details: Celebrating 30 years of excellence in the United Arab Emirates, we specialise in the representation of personal and commercial clients. With an international compliment of legal consultants, as well as local advocates, we are competent advisors on complex legal matters, and are able to advise on transactions, disputes and can also represent our clients in front of the Dubai Courts.

UK LEGAL RECRUITMENT

qualified United Arab Emirates lawyers speaking Arabic and for UK/US qualified lawyers to work in the Middle East. We aim to achieve the right fit for both client and candidate.

The BMD Group Tel: +44 0 1732 761732 Fax: +44 0 1732 763501 Contact Person: Bridget Donnelly Email: bmd@thebmdgroup.com Website: www.thebmd group.com Company Details: The BMD Group specialises in Legal Recruitment Services in London regionally and the Middle East. Our approach is professional and the requirements of clients and candidates are given careful thought and consideration. There is a strong need for

YEMEN COMMERCIAL LAW Al Suwaidi & Luqman Sana’a Trade Centre, Eastern Tower, Third Floor, Ofﬁce 302, PO Box 15585, Sana’a, Yemen Tel: +967 1 448 439/40 Fax: +967 1 448 438 Contact person: Abdulla Luqman Email: al@luqmanlegal.com

Website: www.luqmanlegal.com Company Details: Ranked by Chambers & Partners as the number one law fi rm in Yemen, Al Suwaidi & Luqman is a branch of Al Suwaidi & Company, the United Arab Emirates based law fi rm. The fi rm’s mission is to provide international quality professional services to its clients in all its practice markets. Its ultimate goal is to protect its clients interests and assist them to effectively achieve their business and corporate goals.

the

y r o t c e r i d e th The Directory will form a comprehensive database of legal professionals and suppliers listed in an easy-to-navigate format. Companies can choose to be listed under speciﬁc headings depending on their areas of expertise. An annual listing costs $2,450 per year per country, which includes all contact details including approximately 50 words of text detailing any particular activity. Further annual listings under alternative headings can be purchased for an additional $750. For more details please contact any member of our sales team below:Sudesh Shankar – Senior Sales Manager on +971 4 390 2264 or email Sudesh@themediafactory.ae Sabrina Ahmed – Sales Manager on +971 4 365 8524 or email Sabrina@themediafactory.ae Myra Shah – Sales Executive on +971 4 365 8561 or email Myra@themediafactory.ae

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