Dubai-based English Barrister | DIFC Courts Advocate | International Arbitration Counsel and Arbitrator | CEDR-Accredited Mediator
Sean Yates is a Dubai-based English barrister and international arbitrator with 30 years’ legal experience, including 20 years living and working in the UAE. A registered DIFC Courts practitioner (Part II), he acts as lead counsel in high-value commercial disputes and international arbitrations centred on the UAE and the wider Gulf. His principal areas of practice include construction and infrastructure, real estate, energy and natural resources, maritime disputes, shareholder disputes and civil fraud.
Sean has particular experience of urgent and arbitration-related court proceedings, including worldwide freezing orders, Chabra relief, interim injunctions, jurisdictional challenges and applications concerning the enforcement and setting aside of arbitral awards. He acts in disputes governed by UAE, DIFC and English law and in arbitrations conducted under the DIAC, ICC, LCIA and DIFC-LCIA Rules.
He also accepts appointments as sole and co-arbitrator, and is a CEDR-accredited mediator. His current and recent appointments include substantial construction, shareholder, real-estate and infrastructure disputes seated in Dubai and the DIFC. His earlier in-house experience in Dubai gives him practical insight into project delivery, FIDIC contracting, real-estate development and the commercial pressures affecting clients operating in the region.
Sean regularly acts for developers, contractors, employers, project owners, operators, shareholders, investors and family-owned businesses across the region.
He is recognised as a leading practitioner in the current editions of The Legal 500 (Tier 1, Middle East – The English Bar (Commercial), Juniors), Chambers and Partners (Band 3, Global), and the Lexology Index.
Expertise
Sean is a registered DIFC Courts practitioner (Part II) based in Dubai. He has experience of trials, urgent interim applications and court proceedings in support of arbitration, with particular expertise in freezing and asset-preservation relief, Chabra jurisdiction, interim injunctions, jurisdictional disputes, challenges to arbitral awards and cross-border enforcement.
Notable DIFC Courts cases
- Lead counsel for the claimant in DIFC Courts proceedings brought in support of a related Hong Kong-seated Hong Kong International Arbitration Centre (HKIAC) arbitration concerning a fuel oil supply contract. Obtained a worldwide freezing order of up to USD 50 million against the respondent on a without notice basis, and successfully defended its continuation at a contested return date hearing, addressing jurisdiction under Article 15(4) of the DIFC Courts Law, full and frank disclosure, and evidence of asset dissipation. (DIFC Courts)
- Lead counsel for the claimant in a related Chabra jurisdiction application before the DIFC Courts, obtained a freezing order against a non-cause-of-action third party to preserve real estate assets in Dubai and Abu Dhabi allegedly transferred out of the corporate respondent to defeat enforcement of any arbitral award. (DIFC Courts)
- Representing a UAE-incorporated operator in DIFC Courts proceedings to recover in excess of QAR 5.8 million (approximately USD 1.6 million) in unpaid management fees, recharges, and contractual interest arising from a long-term serviced-office management agreement. The case involves cross-border enforcement considerations between the UAE and Qatar, jurisdictional opt-in issues under the DIFC Courts Law, and questions of UAE governing law. (DIFC Courts)
- Acted for the applicant in proceedings before the DIFC Court of First Instance seeking to set aside a DIAC arbitral award arising from a shareholder and corporate governance dispute, raising issues of tribunal jurisdiction and public policy. (DIFC Courts)
- Represented the claimant in a commercial referral agreement dispute before the DIFC Court of First Instance, valued at approximately AED 955,000 and involving allegations of breach of restrictive covenants and unpaid commission fees. The matter proceeded to a two-day trial with oral evidence and cross-examination, resulting in judgment for the claimant with a modest reduction on quantum. (DIFC Courts)
- Acted in DIFC Court proceedings ancillary to a DIAC arbitration concerning the sale and purchase of a hotel valued at AED 1.14 billion. The dispute involved the contested entitlement to a AED 400 million penalty payment and applications for urgent interim injunctive relief, including issues of alleged fraud, full and frank disclosure, and competing jurisdictional claims between the DIFC Courts and the Dubai onshore courts. (DIFC Courts)
- Represented the claimant in DIFC Court of First Instance proceedings arising from the termination of a concession agreement for a hospitality venue. Successfully obtained an interim injunction and defended the order against a subsequent application to vary or discharge, involving issues of procedural compliance, balance of convenience, and the defendant’s failure to evidence loss or establish grounds justifying relief. (DIFC Courts)
- Acted for the defendant resisting an application before the DIFC Court of First Instance for recognition of a foreign court judgment, raising issues under the Riyadh Convention as incorporated by the DIFC Courts Law, the finality and executability of foreign judgments, and the effect of parallel bankruptcy proceedings in the foreign jurisdiction. The application was dismissed, with costs awarded to the defendant. (DIFC Courts)
- Represented the defendant (employer) in a construction trial before the DIFC Court of First Instance arising from a refurbishment contract for a multi-apartment residential development in Dubai. The claimant (contractor) advanced claims exceeding AED 9.7 million for alleged specification upgrades, extension of time and associated prolongation costs, and variations, while the defendant counterclaimed for incomplete, non-executed and defective works. The matter proceeded to a multi-day trial with extensive factual and expert evidence, resulting in judgment for a significantly reduced sum of approximately AED 2.7 million against the amount claimed. (DIFC Courts)
Sean acts as counsel in commercial and construction arbitrations under the DIAC, ICC, LCIA and DIFC-LCIA Rules. His cases have been seated in Dubai, the DIFC and ADGM and governed by UAE, DIFC and English law. He has particular experience of FIDIC disputes, delay and quantum evidence, shareholder and investment disputes, maritime claims, energy projects and allegations of fraud.
Notable International Arbitration cases
- Acting in a multi-million-dollar DIAC arbitration arising from disputed bareboat charterparties for a fleet of five offshore vessels, involving claims for unpaid hire, vessel seaworthiness, maintenance obligations, and redelivery under UAE maritime law. The case features complex counterclaims, parallel UAE court proceedings, and marine engineering and forensic expert evidence. (DIAC Arbitration – Maritime)
- Acted for the respondent in a major international construction arbitration under the DIAC Rules 2007 arising from the construction of a multi-storey car park and helipad in Dubai (contract value just under AED 200 million). Claims and counterclaims exceeded AED 90 million, encompassing complex issues of delay analysis, acceleration, prolongation costs, variations, and extension of time. The proceedings included a partial award on preliminary jurisdictional issues, extensive quantum and delay expert evidence, and a multi-day evidentiary hearing. (DIAC Arbitration – Construction)
- Acted for the respondent in an international commercial arbitration under the LCIA Rules (seated in ADGM, Abu Dhabi) arising from a Machinery Purchase Agreement for the supply, installation, and commissioning of an industrial sandwich panel production line in Saudi Arabia. The dispute, governed by English law, involved claims and counterclaims totalling more than USD 6 million, including allegations of breach of contract, wrongful prevention of performance, and fraudulent misrepresentation. The matter proceeded through a full evidentiary hearing with factual and expert witnesses. (LCIA Arbitration)
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Acted for the claimant in a commercial arbitration under the DIAC Rules 2022 concerning a dispute over storage charges arising from a contract for the manufacture and delivery of over 53,000 precast concrete elements. The case involved issues of contractual interpretation, waiver, the application of UAE Civil Code provisions on agreed compensation, and quantum verification by independent expert evidence. The matter proceeded to a three-day evidential hearing in June 2025. (DIAC Arbitration – Commercial)
- Acted for the claimant in an international arbitration under the DIFC-LCIA Rules arising from a dispute concerning a fund management agreement. The claim, valued at approximately USD 2.5 million, involved breach of a side letter obligation in connection with a securitised investment vehicle. The tribunal awarded the claimant damages plus pre- and post-award interest, and the respondent was ordered to pay 75% of the claimant’s costs. (DIFC-LCIA Arbitration)
- Acted for the claimant (main contractor) in a construction subcontract arbitration under the DIAC Rules 2022 arising from delays, back-charges, and variations on a school project in Dubai (subcontract value AED 43 million). Claims and counterclaims exceeded AED 35 million and encompassed issues of liquidated damages, extension of time, manpower back-charges, and descoped works. The matter was resolved following a multi-day evidentiary hearing. (DIAC Arbitration – Subcontract)
- Acted for the claimant (contractor) in an arbitration under the DIAC Rules 2022 arising from a FIDIC design-build contract for the construction of an international school in Dubai (contract value AED 115 million). The dispute concerned post-termination entitlements, the lawfulness of a call on an advance payment guarantee of AED 23 million and claims for unpaid works totalling approximately AED 27 million. The proceedings included a two-day evidentiary hearing. (DIAC Arbitration – Termination)
- Acted for the respondent (employer) in an international construction arbitration under the ICC Rules (seated in ADGM, Abu Dhabi) arising from a FIDIC contract for major demolition debris removal and reinstatement works in Abu Dhabi (contract value AED 10 million). The dispute concerned whether the contract was lump sum or re-measurable, additional quantities of debris, shortage of scrap materials, delay, prolongation costs, and counterclaims for liquidated damages. The matter proceeded through a full evidentiary hearing with delay and quantum expert evidence. (ICC Arbitration)
- Acted for the claimant in a construction arbitration under the DIAC Rules 2022 concerning unpaid amounts under three subcontracts for civil and insulation works on an energy infrastructure project in Abu Dhabi. The claim, valued at approximately AED 2 million, involved issues of payment certification, deductions, and a counterclaim of approximately AED 1 million. The matter was resolved on a documents-only basis with factual and expert witness evidence. (DIAC Arbitration – Subcontracts)
- Acted for the respondent (steel package subcontractor) in a claim brought by a fireproofing subcontractor on a large airport project, involving claims for time and prolongation costs tied to a notional final account, and further claims for disruption, lost opportunity and head office overheads. Expert evidence was given on quantum and the interpretation of UAE law. (DIFC-LCIA, UAE Law)
- Acted for the main contractor defending against a claim brought by an MEP subcontractor on the final account for uncertified work on a villa community project. Expert evidence related to quantum, including time and prolongation costs.
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Acting for the claimant (contractor) in a construction arbitration under the DIAC Rules 2022 arising from a multi-building residential development project in Dubai. The dispute concerns extensions of time and associated prolongation costs, the respondent’s compliance with contractual handover procedures, and the lawfulness of a call on the claimant’s security, together with a counterclaim from the respondent. Closing submissions have been filed following a substantive hearing, with the award pending. (DIAC Arbitration – Construction)
Sean accepts appointments as sole arbitrator and co-arbitrator. His appointments include substantial disputes concerning construction and infrastructure, shareholder agreements, project-management appointments and real-estate development. He has dealt with emergency-arbitrator proceedings, security for costs, jurisdictional questions, extensive document production, expert evidence and multi-day evidentiary hearings.
Notable Arbitral Appointments cases
- Appointed as co-arbitrator in a DIAC arbitration concerning an MEP subcontract on a major mixed-use development in Dubai. The dispute concerns claims and counterclaims exceeding AED 360 million, raising issues of delay, disruption, prolongation costs, head office overheads, variation valuation, retention release, the lawfulness of an on-demand performance bond call, alleged abuse of rights under UAE law, and recovery of financial assistance provided during the works. The arbitration is seated in the DIFC and the underlying contract is governed by UAE law. (DIAC Arbitration – Construction)
- Appointed as sole arbitrator in a DIAC arbitration concerning a EUR 37.5 million share purchase dispute between shareholders of an international marine power and engineering group. The case involves complex claims and counterclaims including allegations of breach of contract, misappropriation of funds, and fraud, and has generated substantial interlocutory activity including emergency arbitrator proceedings, security for costs applications, and multiple procedural orders. The arbitration is seated in Dubai and the underlying agreement governed by DIFC law. (DIAC Arbitration – Shareholder Dispute)
- Sat as sole arbitrator in an arbitration under the DIAC Rules 2007 arising from a development agreement for the refurbishment of a luxury villa in Dubai. The dispute involved claims and counterclaims concerning alleged breaches of contract, the value of works performed, variation claims, storage charges, and site access issues. The matter proceeded to a multi-day evidentiary hearing, and the Final Award was issued in October 2023. (DIAC Arbitration – Real Estate)
- Sat as co-arbitrator in an arbitration administered by the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC) concerning a dispute under a consultancy appointment for project management services on a major infrastructure project in Abu Dhabi. Claims and counterclaims exceeded AED 10 million, raising issues of contract extension, unpaid fees, termination for convenience, and contractual limitations on liability. The tribunal issued its Final Award in July 2025. (ADCCAC Arbitration)
- Sat as co-arbitrator in an arbitration under the DIAC Rules 2022 arising from a Project Development Agreement for the lease of an industrial plot in Dubai Industrial City. The dispute concerned claims for outstanding rent exceeding AED 4.9 million together with contractual interest, in circumstances where the respondent contended that no invoices had been received following a change of management. The matter proceeded as a documents-only arbitration, and the Final Award was issued in November 2024. (DIAC Arbitration – Real Estate/Lease)
Related updates
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